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Table

Column 1

Column 2

Proposed cost of carrying out the development

Maximum percentage of the levy

Land within the Neighbourhood Centre, Commercial Core, Mixed Use or Enterprise Corridor zone under

Less than $1,000,000

Nil

$1,000,000 or more

3 per cent

Land within the High Density Residential or Light Industrial zone under

Less than $1,000,000

Nil

$1,000,000 or more

2 per cent

Land within the Commercial Core zone under

Up to and including $250,000

Nil

More than $250,000

2 per cent

Land identified on the Land Application Map under the

Up to and including $250,000

Nil

More than $250,000

4 per cent

Land identified on the Land Application Map under

Up to and including $250,000

Nil

More than $250,000

3 per cent

Land identified on the Land Application Map under

Up to and including $100,000

Nil

More than $100,000, up to and including $200,000

0.5 per cent

More than $200,000, up to and including $250,000

1 per cent

More than $250,000

3 per cent

Land identified on the Land Application Map under

Up to and including $250,000

Nil

More than $250,000

4 per cent

Land identified in map 1 to the

Up to and including $100,000

Nil

More than $100,000, up to and including $200,000

0.5 per cent

More than $200,000, up to and including $250,000

1 per cent

More than $250,000

3 per cent

(2) This clause is subject to any direction given by the Minister under section 94E (1) (d) of the Act.

Division 1C – Preparation of contributions plans

26 In what form must a contributions plan be prepared?

(cf clause 25 of EP&A; Regulation 1994)

(1) A contributions plan must be prepared having regard to any relevant practice notes adopted for the time being by the Director-General, copies of which are available for inspection and purchase from the offices of the Department.

(2) One or more contributions plans may be made for all or any part of the council's area and in relation to one or more public amenities or public services.

(2A) Despite subclause (2), a contributions plan may be made for land outside the council's area for the purposes of a condition referred to in section 94CA of the Act.

(3) The council must not approve a contributions plan that is inconsistent with any direction given to it under section 94E of the Act.

(4) A draft contributions plan must be publicly exhibited for a period of at least 28 days.

27 What particulars must a contributions plan contain?

(cf clause 26 of EP&A; Regulation 1994)

(1) A contributions plan must include particulars of the following:

(a) the purpose of the plan,

(b) the land to which the plan applies,

(c) the relationship between the expected types of development in the area to which the plan applies and the demand for additional public amenities and services to meet that development,

(d) the formulas to be used for determining the section 94 contributions required for different categories of public amenities and services,

(e) the section 94 contribution rates for different types of development, as specified in a schedule to the plan,

(f) if the plan authorises the imposition of a section 94A condition:

(i) the percentage of the section 94A levy and, if the percentage differs for different types of development, the percentage of the levy for those different types of development, as specified in a schedule to the plan, and

(ii) the manner (if any) in which the proposed cost of carrying out the development, after being determined by the consent authority, is to be adjusted to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date of that determination and the date the levy is required to be paid,

(g) the council's policy concerning the timing of the payment of monetary section 94 contributions, section 94A levies and the imposition of section 94 conditions or section 94A conditions that allow deferred or periodic payment,

(h) a map showing the specific public amenities and services proposed to be provided by the council, supported by a works schedule that contains an estimate of their cost and staging (whether by reference to dates or thresholds),

(i) if the plan authorises monetary section 94 contributions or section 94A levies paid for different purposes to be pooled and applied progressively for those purposes, the priorities for the expenditure of the contributions or levies, particularised by reference to the works schedule.

(2) In determining the section 94 contribution rates or section 94A levy percentages for different types of development, the council must take into consideration the conditions that may be imposed under section 80A (6) (b) of the Act or section 97 (1) (b) of the Local Government Act 1993.

(3) A contributions plan must not contain a provision that authorises monetary section 94 contributions or section 94A levies paid for different purposes to be pooled and applied progressively for those purposes unless the council is satisfied that the pooling and progressive application of the money paid will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.

Division 2 – Public participation

28 Draft contributions plan must be publicly exhibited

(cf clause 27 of EP&A; Regulation 1994)

Following the preparation of a draft contributions plan, the council:

(a) must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan, and

(b) must publicly exhibit at the places, on the dates and during the times set out in the notice:

(i) a copy of the draft plan, and

(ii) a copy of any supporting documents, and

(c) must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).

29 Copies of draft contributions plans to be publicly available

(cf clause 28 of EP&A; Regulation 1994)

Copies of the draft contributions plan, and of any supporting documents, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

30 Who may make submissions about a draft contributions plan?

(cf clause 29 of EP&A; Regulation 1994)

Any person may make written submissions to the council about the draft contributions plan during the relevant submission period.

Division 3 – Approval of contributions plans

31 Approval of contributions plan by council

(cf clause 30 of EP&A; Regulation 1994)

(1) After considering any submissions about the draft contributions plan that have been duly made, the council:

(a) may approve the plan in the form in which it was publicly exhibited, or

(b) may approve the plan with such alterations as the council thinks fit, or

(c) may decide not to proceed with the plan.

(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

(3) Notice of a decision not to proceed with a contributions plan must include the council's reasons for the decision.

(4) A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Division 4 – Amendment and repeal of contributions plans

32 How may a contributions plan be amended or repealed?

(cf clause 31 of EP&A; Regulation 1994)

(1) A council may amend a contributions plan by a subsequent contributions plan.

(2) A council may repeal a contributions plan:

(a) by a subsequent contributions plan, or

(b) by public notice in a local newspaper of its decision to repeal the plan.

(3) A council may make the following kinds of amendments to a contributions plan without the need to prepare a new contributions plan:

(a) minor typographical corrections,

(b) changes to the rates of section 94 monetary contributions set out in the plan to reflect quarterly or annual variations to:

(i) readily accessible index figures adopted by the plan (such as a Consumer Price Index), or

(ii) index figures prepared by or on behalf of the council from time to time that are specifically adopted by the plan,

(c) the omission of details concerning works that have been completed.

33 Procedure for repealing a contributions plan by public notice

(cf clause 32 of EP&A; Regulation 1994)

(1) Before repealing a contributions plan by public notice, the council must give public notice in a local newspaper:

(a) of its intention to repeal the contributions plan, and

(b) of its reasons for doing so.

(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.

(3) The repeal of a contributions plan by public notice in a local newspaper takes effect on the date of publication of the notice.

33A Review of contributions plan

(1) A council is required to keep a contributions plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.

(2) A council is also to consider any submissions about contributions plans received from public authorities or the public.

Division 5 – Accounting

34 Councils must maintain contributions register

(cf clause 33 of EP&A; Regulation 1994)

(1) A council that imposes section 94 conditions or section 94A conditions on development consents must maintain a contributions register.

(2) The council must record the following details in the register:

(a) particulars sufficient to identify each development consent for which any such condition has been imposed,

(b) the nature and extent of the section 94 contribution or section 94A levy required by any such condition for each public amenity or service,

(c) the contributions plan under which any such condition was imposed,

(d) the date or dates on which any section 94 contribution or section 94A levy required by any such condition was received, and its nature and extent.

35 Accounting for contributions and levies

(cf clause 34 of EP&A; Regulation 1994)

(1) A council must maintain accounting records that allow monetary section 94 contributions, section 94A levies, and any additional amounts earned from their investment, to be distinguished from all other money held by the council.

(2) The accounting records for a contributions plan must indicate the following:

(a) the various kinds of public amenities or services for which expenditure is authorised by the plan,

(b) the monetary section 94 contributions or section 94A levies received under the plan, by reference to the various kinds of public amenities or services for which they have been received,

(ba) in respect of section 94 contributions or section 94A levies paid for different purposes, the pooling or progressive application of the contributions or levies for those purposes, in accordance with any requirements of the plan or any ministerial direction under Division 6 of Part 4 of the Act,

(c) the amounts spent in accordance with the plan, by reference to the various kinds of public amenities or services for which they have been spent.

(3) A council must disclose the following information for each contributions plan in the notes to its annual financial report:

(a) the opening and closing balances of money held by the council for the accounting period covered by the report,

(b) the total amounts received by way of monetary section 94 contributions or section 94A levies during that period, by reference to the various kinds of public amenities or services for which they have been received,

(c) the total amounts spent in accordance with the contributions plan during that period, by reference to the various kinds of public amenities or services for which they have been spent,

(d) the outstanding obligations of the council to provide public amenities or services, by reference to the various kinds of public amenities or services for which monetary section 94 contributions or section 94A levies have been received during that or any previous accounting period.

36 Councils must prepare annual statements

(cf clause 35 of EP&A; Regulation 1994)

(1) As soon as practicable after the end of each financial year, a council must prepare an annual statement for the contributions plans in force in its area.

(2) The annual statement must disclose, for each contributions plan, the information required by this Division to appear in the notes to its annual financial report.

Division 6 – Public access

37 Councils must keep certain records available for public inspection

(cf clause 36 of EP&A; Regulation 1994)

(1) A council must make the following documents available for inspection:

(a) each of its current contributions plans,

(b) each of its annual statements,

(c) its contributions register.

(2) The documents must be available at the council's principal office, free of charge, during the council's ordinary office hours.

(3) Subject to section 428 of the Local Government Act 1993, the annual statement may be included in, or form part of, the annual report prepared by the council under that section.

38 Copies of contributions plans to be publicly available

(cf clause 37 of EP&A; Regulation 1994)

A council must make the following documents available for copying, either free of charge or on payment of reasonable copying charges:

(a) each of its current contributions plans,

(b) each document referred to in any such contributions plan that is held by the council.

This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.

Part 5 – Existing uses

39 Definitions

In this Part:

";relevant date"; means:

(a) in relation to an existing use referred to in section 106 (a) of the Act--the date on which an environmental planning instrument having the effect of prohibiting the existing use first comes into force, or

(b) in relation to an existing use referred to in section 106 (b) of the Act--the date when the building, work or land being used for the existing use was first erected, carried out or so used.

40 Object of Part

The object of this Part is to regulate existing uses under section 108 (1) of the Act.

41 Certain development allowed

(cf clause 39 of EP&A; Regulation 1994)

(1) An existing use may, subject to this Division:

(a) be enlarged, expanded or intensified, or

(b) be altered or extended, or

(c) be rebuilt, or

(d) be changed to another use, but only if that other use is a use that may be carried out with or without development consent under the Act, or

(e) if it is a commercial use--be changed to another commercial use (including a commercial use that would otherwise be prohibited under the Act), or

(f) if it is a light industrial use--be changed to another light industrial use or a commercial use (including a light industrial use or commercial use that would otherwise be prohibited under the Act).

(2) However, an existing use must not be changed under subclause (1) (e) or (f) unless that change:

(a) involves only alterations or additions that are minor in nature, and

(b) does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and

(c) does not involve the rebuilding of the premises associated with the existing use, and

(d) does not involve a significant intensification of that existing use.

(e) (Repealed)

(3) In this clause:";commercial use"; means the use of a building, work or land for the purpose of office premises, business premises or retail premises (as those terms are defined in the Standard Instrument (Local Environmental Plans) Order 2006).";light industrial use"; means the use of a building, work or land for the purpose of light industry (within the meaning of the Standard Instrument (Local Environmental Plans) Order 2006).

42 Development consent required for enlargement, expansion and intensification of existing uses

(cf clause 40 of EP&A; Regulation 1994)

(1) Development consent is required for any enlargement, expansion or intensification of an existing use.

(2) The enlargement, expansion or intensification:

(a) must be for the existing use and for no other use, and

(b) must be carried out only on the land on which the existing use was carried out immediately before the relevant date.

43 Development consent required for alteration or extension of buildings and works

(cf clause 41 of EP&A; Regulation 1994)

(1) Development consent is required for any alteration or extension of a building or work used for an existing use.

(2) The alteration or extension:

(a) must be for the existing use of the building or work and for no other use, and

(b) must be erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

44 Development consent required for rebuilding of buildings and works

(cf clause 42 of EP&A; Regulation 1994)

(1) Development consent is required for any rebuilding of a building or work used for an existing use.

(2) The rebuilding:

(a) must be for the existing use of the building or work and for no other use, and

(b) must be carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

45 Development consent required for changes of existing uses

(cf clause 43 of EP&A; Regulation 1994)

Development consent is required:

(a) for any change of an existing use to another use, and

(b) in the case of a building, work or land that is used for different existing uses, for any change in the proportions in which the various parts of the building, work or land are used for those purposes.

46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt

(cf clause 44 of EP&A; Regulation 1994)

Nothing in this Part prevents the granting of a development consent referred to in clause 42, 43 or 44 at the same time as the granting of a development consent referred to in clause 45.

46A (Repealed)

Part 6 – Procedures relating to development applications

Division 1 – Development applications generally

47 Application of Part

(cf clause 45 of EP&A; Regulation 1994)

This Part applies to all development applications.

Because of the definition of ";development application"; in section 4 (1) of the Act, this Part does not apply to complying development or to applications for complying development certificates.

48 Consent authority to provide development application forms to intending applicants

(cf clause 45A of EP&A; Regulation 1994)

The consent authority must provide any person intending to make a development application with:

(a) the consent authority's scale of fees for development applications generally, and

(b) if the consent authority has determined the fee to accompany that particular application, advice of the amount determined, and

(c) if the consent authority requires such an application to be in a particular form, blank copies of that form.

49 Persons who can make development applications

(cf clause 46 of EP&A; Regulation 1994)

(1) A development application may be made:

(a) by the owner of the land to which the development application relates, or

(b) by any other person, with the consent in writing of the owner of that land.

(2) Subclause (1) (b) does not require the consent in writing of the owner of the land for a development application made by a public authority or for a development application for public notification development if the applicant instead gives notice of the application:

(a) by written notice to the owner of the land before the application is made, or

(b) by advertisement published in a newspaper circulating in the area in which the development is to be carried out no later than 14 days after the application is made.

(3) Despite subclause (1), a development application made by a lessee of Crown land may only be made with the consent in writing given by or on behalf of the Crown.

(3A) Despite subclause (1), a development application made in respect of land owned by a Local Aboriginal Land Council may be made by a person referred to in that subclause only with the consent of the New South Wales Aboriginal Land Council.

(4) Subclause (3) does not require the consent of the Crown if the development application is for State significant development made by a public authority or public notification development.

(5) In this clause:";public authority"; includes an irrigation corporation within the meaning of the Water Management Act 2000 that the Minister administering that Act has, by order in writing, declared to have the status of a public authority for the purposes of this clause in relation to development of a kind specified in the order.";public notification development"; means:

(i) State significant development set out in clause 5 (Mining) or 6 (Petroleum (oil and gas)) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011 but it does not include development to the extent that it is carried out on land that is a state conservation area reserved under the National Parks and Wildlife Act 1974, or

(ii) State significant development on land with multiple owners designated by the Director-General for the purposes of this clause by notice in writing to the applicant for the State significant development.

50 How must a development application be made?

(cf clause 46A of EP&A; Regulation 1994)

(1) A development application:

(a) must contain the information, and be accompanied by the documents, specified in Part 1 of Schedule 1, and

(b) if the consent authority so requires, must be in the form approved by that authority, and

(c) must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority, and

(d) must be delivered by hand, sent by post or transmitted electronically to the principal office of the consent authority, but may not be sent by facsimile transmission.

(1A) A development application that relates to a residential flat development, and that is made on or after 1 December 2003, must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies:

(a) that he or she designed, or directed the design, of the residential flat development, and

(b) that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65--Design Quality of Residential Flat Development are achieved for the residential flat development.

(1B) If a development application referred to in subclause (1A) is also accompanied by a BASIX certificate with respect to any building, the design quality principles referred to in that subclause need not be verified to the extent to which they aim:

(a) to reduce consumption of mains-supplied potable water, or reduce emissions of greenhouse gases, in the use of the building or in the use of the land on which the building is situated, or

(b) to improve the thermal performance of the building.

(2) A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of that consent.

(2A) A development application that relates to development in respect of which a site compatibility certificate is required by a State Environmental Planning Policy must be accompanied by such a certificate.

(2B) (Repealed)

(3) Immediately after it receives a development application, the consent authority:

(a) must register the application with a distinctive number, and

(b) must endorse the application with its registered number and the date of its receipt, and

(c) must give written notice to the applicant of its receipt of the application, of the registered number of the application and of the date on which the application was received.

(4) In the case of a development application under section 78A (3) of the Act, the application must be accompanied by such matters as would be required under section 81 of the Local Government Act 1993 if approval were sought under that Act.

(5) The consent authority must forward a copy of the development application to the relevant council if the council is not the consent authority.

(6) If the development application is for designated development, the consent authority must forward to the Director-General (where the Minister or the Director-General is not the consent authority) and to the council (where the council is not the consent authority) a copy of the environmental impact statement, together with a copy of the relevant application. Additional requirements in relation to the making of a development application apply to applications for designated development, for integrated development and applications for development that affect threatened species.

(7) In determining whether an alteration, enlargement or extension of a BASIX affected building is BASIX affected development, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work the subject of the development application, including any part of the work that is BASIX excluded development. The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate, be the estimate so indicated.

51 Rejection of development applications

(cf clause 47 (1)-(3) of EP&A; Regulation 1994)

(1) A consent authority may reject a development application within 14 days after receiving it if:

(a) the application is illegible or unclear as to the development consent sought, or

(b) the application does not contain any information, or is not accompanied by any document, specified in Part 1 of Schedule 1, or

(c) being an application referred to in section 78A (8A) of the Act, the application is not accompanied by an environmental impact statement referred to in that subsection. Schedule 2 sets out requirements in relation to environmental impact statements.

(2) A consent authority may reject a development application within 14 days after receiving it if:

(a1) being an application for development requiring concurrence, the application fails to include the concurrence fees appropriate for each concurrence relevant to the development, or

(a) being an application for integrated development, the application fails:

(i) to identify all of the approvals referred to in section 91 of the Act that are required to be obtained before the development may be carried out, or

(ii) to include the approval fees appropriate for each approval relevant to the development, or

(iii) to include the additional information required by this Regulation in relation to the development, or

(b) being an application referred to in section 78A (8) (b) of the Act, the application is not accompanied by a species impact statement referred to in that paragraph.

(3) An application is taken for the purposes of the Act never to have been made if the application is rejected under this clause and the determination to reject the application is not changed following any review.

(4) The consent authority must refund to the applicant the whole of any application fee paid in connection with an application that is rejected under this clause and must notify the applicant in writing of the reasons for the rejection of the application.

(5) Immediately after the rejection of a development application for:

(a) development for which the concurrence of a concurrence authority is required, or

(b) integrated development,

the consent authority must notify each relevant concurrence authority or approval body of the rejection.

52 Withdrawal of development applications

(cf clause 47 (4)-(6) of EP&A; Regulation 1994)

(1) A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.

(2) An application that is withdrawn is taken for the purposes of the Act (sections 79 (6) and 89F (4) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.

(3) The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.

(4) Immediately after the withdrawal of a development application for:

(a) development for which the concurrence of a concurrence authority is required, or

(b) integrated development,

the consent authority must notify each relevant concurrence authority or approval body of the withdrawal.

53 Consent authority may require additional copies of development application and supporting documents

(cf clause 47A of EP&A; Regulation 1994)

A consent authority that is required:

(a) to refer a development application to another person, or

(b) to arrange for the public display of a development application,

may require the applicant to give it as many additional copies of the development application and supporting documents as are reasonably required for that purpose.

54 Consent authority may request additional information

(cf clause 48 of EP&A; Regulation 1994)

(1) A consent authority may request the applicant for development consent to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the application.

(2) The request:

(a) must be writing, and

(b) may specify a reasonable period within which the information must be provided to the consent authority.

(3) The information that a consent authority may request includes, but is not limited to, information relating to any relevant matter referred to in section 79C (1) (b)-(e) of the Act or in any relevant environmental planning instrument.

(4) However, the information that a consent authority may request does not include, in relation to building or subdivision work, the information that is required to be attached to an application for a construction certificate. The aim of this provision is to ensure that the consent authority does not oblige the applicant to provide these construction details up-front where the applicant may prefer to test the waters first and delay applying for a construction certificate until, or if, development consent is granted.

(5) Instead of providing the information requested, the applicant to whom a request is made under this clause may notify the consent authority in writing that the information will not be provided.

(6) If the applicant for development consent has failed to provide any of the requested information by the end of:

(a) any period specified as referred to in subclause (2) (b), or

(b) such further period as the consent authority may allow,

the applicant is taken to have notified the consent authority that the information will not be provided, and the application may be dealt with accordingly.

55 What is the procedure for amending a development application?

(cf clause 48A of EP&A; Regulation 1994)

(1) A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.

(2) If an amendment or variation results in a change to the proposed development, the application to amend or vary the development application must have annexed to it written particulars sufficient to indicate the nature of the changed development.

(3) If the development application is for:

(a) development for which concurrence is required, as referred to in section 79B of the Act, or

(b) integrated development,

the consent authority must immediately forward a copy of the amended or varied application to the concurrence authority or approval body.

55A Amendments with respect to BASIX commitments

(1) This clause applies to a development application that has been accompanied by a BASIX certificate pursuant to clause 2A of Schedule 1 or to a development application in relation to BASIX optional development that has been accompanied by a BASIX certificate or BASIX certificates (despite there being no obligation under clause 2A of Schedule 1 for it to be so accompanied).

(2) Without limiting clause 55, a development application may be amended or varied by the lodging of:

(a) a new BASIX certificate to replace a BASIX certificate that accompanied the application, or to replace any subsequent BASIX certificate lodged under this clause, and

(b) if any new accompanying document is required or any existing accompanying document requires amendment, a new or amended accompanying document.

(3) If an amendment or variation of a development application, or of any accompanying document, results in the proposed development differing in any material respect from the description contained in a current BASIX certificate for the development, the application to amend or vary the development application must have annexed to it a replacement BASIX certificate whose description takes account of the amendment or variation.

(4) In this clause, a reference to the ";accompanying document"; is a reference to any document required to accompany a development application pursuant to clause 2 of Schedule 1.

56 Extracts of development applications to be publicly available

(cf clause 48B of EP&A; Regulation 1994)

(1) This clause applies to all development other than State significant development, designated development or advertised development.

(2) Extracts of a development application relating to the erection of a building:

(a) sufficient to identify the applicant and the land to which the application relates, and

(b) containing a plan of the building that indicates its height and external configuration, as erected, in relation to the site on which it is to be erected, if relevant for that particular development,

are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

The erection of a building is defined in the Act to include the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land.

57 Copyright in documents forming part of or accompanying development applications--applicant's indemnification

(cf clause 48C of EP&A; Regulation 1994)

Upon a development application being made under section 78A of the Act, the applicant (not being entitled to copyright) is taken to have indemnified all persons using the development application and documents in accordance with the Act against any claim or action in respect of breach of copyright.

Division 2 – Development applications for development requiring concurrence

58 Application of Division

(cf clause 49 of EP&A; Regulation 1994)

(1) This Division applies to all development applications that relate to development for which the concurrence of a concurrence authority is required.

(2) This Division does not apply in circumstances in which a concurrence authority's concurrence may be assumed in accordance with clause 64.

(3) This Division ceases to apply to a development application if the development application is rejected or withdrawn under clause 51 or 52.

59 Seeking concurrence

(cf clause 49A of EP&A; Regulation 1994)

(1) After it receives a development application for development requiring concurrence, the consent authority:

(a) must forward a copy of the application (together with all accompanying documentation) to the concurrence authority whose concurrence is required, and

(b) must notify the concurrence authority in writing of the basis on which its concurrence is required and of the date of receipt of the development application, and

(c) if known at that time, must notify the concurrence authority in writing of the dates of the relevant submission period or periods if the application is to be publicly notified under section 79 or 79A of the Act.

(2) In the case of a development application that indicates on its face that such concurrence is required, the application must be forwarded to the relevant concurrence authority within 14 days after the application is lodged.



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