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60 Concurrence authority may require additional information

(cf clause 50 of EP&A; Regulation 1994)

(1) A concurrence authority whose concurrence has been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the question as to whether concurrence should be granted or refused.

(2) The request:

(a) must be in writing, and

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

(3) Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the concurrence authority.

(4) Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the concurrence authority.

(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 concurrence 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.

61 Forwarding of submissions to concurrence authorities

(cf clause 50A of EP&A; Regulation 1994)

(1) This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.

(2) Immediately after the expiration of the relevant submission period, the consent authority must forward to each concurrence authority a copy of all submissions received in response to the advertisement or notification.

62 Notification of decision

(cf clause 51 of EP&A; Regulation 1994)

(1) A concurrence authority that has received a development application from a consent authority must give written notice to the consent authority of its decision on the development application:

(a) within 40 days after receipt of the copy of the application, or

(b) in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:

(i) the last of the submissions made during the relevant submission period, or

(ii) advice from the consent authority that no submissions were made.

This period may be extended by operation of Division 11.

(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):

(a) the consent authority must notify the concurrence authority as soon as possible after the determination, and

(b) this clause ceases to apply to the development application.

(3) Nothing in this clause prevents a consent authority from having regard to a concurrence authority's decision on a development application that has been notified to the consent authority after the expiration of the relevant period under subclause (1).

63 Reasons for granting or refusal of concurrence

(cf clause 51A of EP&A; Regulation 1994)

(1) If the concurrence authority:

(a) grants concurrence subject to conditions, or

(b) refuses concurrence,

the concurrence authority must give written notice to the consent authority of the reasons for the imposition of the conditions or the refusal.

(2) If the concurrence is one that is required under section 79B (3) of the Act, a copy of the reasons must be available for public inspection, during ordinary office hours:

(a) at the head office of the National Parks and Wildlife Service, or

(b) if the matter concerns critical habitat of fish or marine vegetation, or threatened species, populations or ecological communities of fish or marine vegetation or their habitats, at the head office of NSW Fisheries.

64 Circumstances in which concurrence may be assumed

(cf clause 51B of EP&A; Regulation 1994)

(1) A concurrence authority may, by written notice given to the consent authority:

(a) inform the consent authority that concurrence may be assumed, subject to such qualifications or conditions as are specified in the notice, and

(b) amend or revoke an earlier notice under this clause.

(2) A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this clause is as valid and effective as if concurrence had been given.

Division 3 – Development applications for integrated development

65 Application of Division

(cf clause 52 of EP&A; Regulation 1994)

(1) This Division applies to all development applications for integrated development.

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

66 Seeking general terms of approval

(cf clause 52A of EP&A; Regulation 1994)

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

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

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

(c) if known at that time, must notify the approval body in writing of the dates of the relevant submission period 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 an approval is required, the application must be forwarded to the relevant approval body within 14 days after the application is lodged.

67 Approval body may require additional information

(cf clause 53 of EP&A; Regulation 1994)

(1) An approval body the general terms of whose approval have been sought may request the consent authority to provide it with such additional information about the proposed development as it considers necessary to its proper consideration of the general terms of approval.

(2) The request:

(a) must be in writing, and

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

(3) Immediately after receiving a request for additional information from an approval body, a consent authority must request the applicant, in writing, to provide the information sought within the period specified by the approval body.

(4) Immediately after receiving the requested information from the applicant, the consent authority must forward that information to the approval body.

(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 approval body 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.

68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974

(cf clause 53AA of EP&A; Regulation 1994)

(1) If:

(a) development is integrated development because, or partly because, it requires consent under section 90 of the National Parks and Wildlife Act 1974, and

(b) the Director-General of National Parks and Wildlife is of the opinion that consultation with an Aboriginal person or persons, an Aboriginal Land Council or another Aboriginal organisation concerning a relic or Aboriginal place is required before the Director-General can make a decision concerning the general terms of approval in relation to such a consent (including whether or not the Director-General will grant consent),

the Director-General must cause notice of that fact to be given to the consent authority.

69 Forwarding of submissions to approval bodies

(cf clause 53A of EP&A; Regulation 1994)

(1) This clause applies to development that is required to be advertised or notified under section 79 or 79A of the Act.

(2) Immediately after the expiration of the relevant submission period, the consent authority must forward to each approval body a copy of all submissions received in response to the advertisement or notification.

70 Notification of general terms of approval

(cf clause 53B of EP&A; Regulation 1994)

(1) An approval body that has received a development application from a consent authority must give written notice to the consent authority of its decision concerning the general terms of approval in relation to the development application (including whether or not it will grant an approval):

(a) within 40 days after receipt of the copy of the application, or

(b) in the case of development that is required to be advertised or notified under section 79 or 79A of the Act, within 21 days after it receives:

(i) the last of the submissions made during the relevant submission period, or

(ii) advice from the consent authority that no submissions were made.

This period may be extended by operation of Division 11.

(2) If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1):

(a) the consent authority must notify the approval body as soon as possible after the determination, and

(b) this clause ceases to apply to the development application.

(3) Nothing in this clause prevents a consent authority from having regard to an approval body's general terms of approval that have been notified to the consent authority after the expiration of the relevant period under subclause (1).

Division 3A – Special provisions relating to staged development applications

70A Information to be included in staged development applications

Despite clause 50 (1) (a), the information required to be provided in a staged development application in respect of the various stages of the development may, with the approval of the consent authority, be deferred to a subsequent development application.

70B Staged development applications--residential flat development

Clause 50 (1A) applies in relation to a staged development application only if the application sets out detailed proposals for the development or part of the development.

Division 4 – (Repealed)

Division 5 – Public participation--designated development

77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)

(cf clause 57 of EP&A; Regulation 1994)

At the same time as giving public notice under section 79 (1) of the Act, the consent authority must give written notice of a development application for designated development to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of that development application.

78 What information must a written notice of designated development contain?

(cf clause 58 of EP&A; Regulation 1994)

(1) A written notice of a development application under section 79 (1) (b) of the Act must contain the following information:

(a) a description (including the address) of the land on which the development is proposed to be carried out,

(b) the name of the applicant and of the consent authority,

(c) a description of the proposed development,

(d) a statement that the proposed development is designated development,

(e) a statement that the development application and the documents accompanying the application, including the environmental impact statement, may be inspected:

(i) at the consent authority's principal office, and

(ii) at the Department's offices (if the Minister or Director-General is not the consent authority), and

(iii) at the council's principal office (if the council is not the consent authority),

for a period specified in the notice during the relevant authority's ordinary office hours,

(f) a statement that:

(i) any person during the period specified under paragraph (e) may make written submissions to the consent authority concerning the development application, and

(ii) if a submission is made by way of objection, the grounds of objection must be specified in the submission,

(g) the dates of the period specified under paragraph (e),

(h) if the proposed development is also integrated development:

(i) a statement that the development is integrated development, and

(ii) a statement of the approvals that are required and the relevant approval bodies for those approvals,

(i) a statement that, unless the proposed development is development about which the Planning Assessment Commission has conducted a review, any person:

(i) who makes a submission by way of objection, and

(ii) who is dissatisfied with the determination of the consent authority to grant development consent,

may appeal to the Land and Environment Court,

(j) a statement that, if the Planning Assessment Commission conducts a review, the Minister's determination of the application is final and not subject to appeal.

(2) The period referred to under subclause (1) (e) must include the period of 30 days commencing on the day after which notice of the development application is first published in a newspaper under section 79 (1) (d) of the Act.

79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?

(cf clause 59 of EP&A; Regulation 1994)

(1) The notice for a development application for designated development under section 79 (1) (c) of the Act:

(a) must be exhibited on the land to which the development application relates, and

(b) must be displayed on a signpost or board, and

(c) must be clear and legible, and

(d) must be headed in capital letters and bold type "; DEVELOPMENT PROPOSAL ";, and

(e) must contain under that heading the following matters:

(i) a statement that the development application has been lodged,

(ii) the name of the applicant,

(iii) a brief description of the development application,

(iv) notice that the development application and the relevant environmental impact statement may be inspected at the places, on the dates and during the times specified in the notice, being the same places, dates and times specified in the written notice under section 79 (1) (b) of the Act, and

(f) must, if practicable, be capable of being read from a public place.

80 How is the notice under section 79 (1) (d) published for designated development?

(cf clause 60 of EP&A; Regulation 1994)

The notice for a development application for designated development under section 79 (1) (d) of the Act:

(a) must be published on at least 2 separate occasions, and

(b) must appear across 2 or 3 columns in the display section of the newspaper, and

(c) must be headed in capital letters and bold type "; DEVELOPMENT PROPOSAL ";, and

(d) must contain the same matters as are required for a notice under section 79 (1) (b) of the Act.

81 Forwarding of submissions to Director-General

(cf clause 62 of EP&A; Regulation 1994)

For the purposes of section 80 (9) (b) of the Act, the consent authority must, immediately after the relevant submission period, forward to the Director-General (if the Minister or the Director-General is not the consent authority) a copy of all submissions (including submissions by way of objection) received in response to the public exhibition of a development application for designated development.

This requirement will not apply if the Director-General has waived the requirement under section 80 (10) (b) of the Act.

Division 6 – Public participation--State significant development

82 Application of Division

This Division applies to State significant development.

83 Public exhibition period

For the purposes of section 89F (1) (a) of the Act, the minimum submission period is to be 30 days.

84 Public notice of application

(1) For the purposes of section 89F (1) (b) of the Act, the notice of the application must be published in a local newspaper and on the website of the Department.

(2) For the purposes of section 89F (1) (b) of the Act, the notice of the application must be given:

(a) to such persons that appear to the Director-General to own or occupy the land adjoining the land to which the application relates (unless the notice is in respect of an application for public notification development within the meaning of clause 49), and

(b) to such public authorities that, in the opinion of the Director-General, may have an interest in the determination of the application.

(3) For the purposes of this clause:

(a) if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a notice to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and

(b) if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be notice to the owner or occupier of each lot within the strata scheme, and

(c) if land is owned or occupied by more than one person, a notice to one owner or one occupier is taken to be notice to all the owners and occupiers of that land.

85 Content of notice

For the purposes of section 89F (1) (b) of the Act, a notice of an application for State significant development must contain the following information:

(a) a description (including the address) of the land on which the development is proposed to be carried out,

(b) the name of the applicant and of the consent authority,

(c) a description of the proposed development,

(d) the dates of the submission period,

(e) a statement that the development application and the documents accompanying the application may be inspected during the submission period:

(i) at the Department's principal office, and

(ii) at the council's principal office,

during the relevant authority's ordinary office hours,

(f) a statement that:

(i) any person during the submission period may make written submissions to the Minister concerning the development application, and

(ii) if a submission is made by way of objection, the grounds of objection must be specified in the submission,

(g) whether the Minister has directed that a public hearing should be held.

85A Responding to submissions

(1) The Director-General is to provide to an applicant for State significant development the submissions, or a summary of the submissions, received in relation to the application during the submission period.

(2) The Director-General may, by notice in writing, require the applicant to provide a written response to such issues raised in those submissions as the Director-General considers necessary.

85B Documents to be made publicly available

For the purposes of section 89G (d) of the Act, the Director-General is to make the following documents (that relate to a development application for State significant development) available on the Department's website and in such other locations as the Director-General determines:

(a) the environmental assessment requirements,

(b) the development application, including any accompanying documents or information and any amendments made to the development application,

(c) any submissions received during the submission period and any response provided under clause 85A,

(d) any environmental assessment report prepared by the Director-General,

(e) any development consent or modification to a development consent,

(f) any application made for a modification to development consent, including any accompanying documents or information,

(g) any documents or information provided to the Director-General by the applicant in response to submissions.

Division 7 – Public participation--other advertised development

86 Application of Division

(cf clause 65 of EP&A; Regulation 1994)

(1) This Division applies to other advertised development.

(2) This Division does not apply to development on land to which clause 36 of Newcastle Local Environmental Plan 2003 applies.

87 How must a development application be publicly notified?

(cf clause 65 of EP&A; Regulation 1994)

As soon as practicable after a development application for other advertised development is lodged with the consent authority, the consent authority must:

(a) give written notice of the application (referred to in this Division as a ";written notice";), and

(b) cause notice of the application to be published in a local newspaper (referred to in this Division as a ";published notice";).

88 Who must written notice be given to?

(cf clause 65 of EP&A; Regulation 1994)

(1) Written notice of the development application must be given:

(a) to such persons as appear to the consent authority to own or occupy the land adjoining the land to which the application relates, and

(b) to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of the application.

(2) For the purposes of this clause:

(a) if land is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

(b) if land is a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice to the owner or occupier of each lot within the strata scheme, and

(c) if land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to be a written notice to all the owners and occupiers of that land.

89 What information must be contained in a written notice and a published notice?

(cf clause 65 of EP&A; Regulation 1994)

(1) A written notice and a published notice of the development application must contain the following information:

(a) a description of the land (including the address) on which the development is proposed to be carried out,

(b) the name of the applicant and the name of the consent authority,

(c) a description of the proposed development,

(d) a statement that the application and the documents accompanying that application may be inspected at the consent authority's principal office for a period specified in the notice during the consent authority's ordinary office hours,

(e) a statement that any person during the period specified under paragraph (d) may make a written submission in relation to the development application to the consent authority,

(f) the dates of the period specified under paragraph (d).

(2) The written notice and the published notice:

(a) in the case of development that is integrated development:

(i) must contain a statement that the development is integrated development, and

(ii) must state the approvals that are required and the relevant approval bodies for those approvals, and

(b) in the case of development that is threatened species development, must contain a statement that the development is threatened species development.

(3) The period referred to in subclause (1) (d) must include:

(a) in the case of nominated integrated development or threatened species development, the period of 30 days, and

(b) in any other case, the period of 14 days,

commencing on the day after the day on which the published notice is first published in a newspaper.

90 Circumstances in which notice requirements may be dispensed with

(cf clause 65 of EP&A; Regulation 1994)

(1) This clause applies to a development application that before being determined by the consent authority, has been amended or substituted, or that has been withdrawn and later replaced, where:

(a) the consent authority has complied with this Division in relation to the original application, and

(b) the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application,

referred to in this clause as a ";replacement application";.

(2) The consent authority may decide to dispense with further compliance with this Division in relation to a replacement application and, in that event, compliance with this Division in relation to the original application is taken to be compliance in relation to the replacement application.

(3) The consent authority must give written notice to the applicant of its decision under this clause at or before the time notice of the determination of the replacement application is given under section 81 of the Act.

91 Public notification of development application and accompanying information

(cf clause 65 of EP&A; Regulation 1994)

(1) The consent authority must ensure that a development application is publicly notified in accordance with the relevant requirements and that any accompanying information is available for inspection during the relevant submission period at the place or places specified in the public notice.

(2) During the relevant submission period:

(a) any person may inspect the development application and any accompanying information and make extracts from or copies of them, and

(b) any person may make written submissions to the consent authority with respect to the development application.

(3) A submission by way of objection must set out the grounds of the objection.

Division 8 – Determination of development applications

92 What additional matters must a consent authority take into consideration in determining a development application?

(cf clause 66 of EP&A; Regulation 1994)

(1) For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:

(a) in the case of a development application for the carrying out of development:

(i) in a local government area referred to in the Table to this clause, and

(ii) on land to which the Government Coastal Policy applies,

the provisions of that Policy,

(b) in the case of a development application for the demolition of a building, the provisions of AS 2601.

(2) In this clause:";AS 2601"; means the document entitled Australian Standard AS 2601--1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.";Government Coastal Policy"; means the publication entitled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, as published by the Government (and including any maps accompanying that publication and any amendments to those maps that are publicly notified), a copy of which may be inspected during ordinary office hours:

(a) at any of the offices of the Department, or

(b) at the offices of any of the councils of the local government areas listed in the Table to this clause.

Table

Ballina Bega Valley Bellingen Byron Coffs Harbour Copmanhurst Eurobodalla Gosford* Great Lakes Greater Taree Hastings Kempsey Kiama Lake Macquarie* Lismore Maclean Maitland

Manly* Nambucca Newcastle* Pittwater* Port Stephens Pristine Waters Randwick* Richmond Valley Shellharbour* Shoalhaven Sutherland* Tweed Warringah* Waverley* Wollongong* Woollahra* Wyong*

The areas marked with asterisks are only affected by the seaward part of the Government Coastal Policy, being the area extending 3 nautical miles seaward from the open coast high water mark.

92A (Repealed)

93 Fire safety and other considerations

(cf clause 66A of EP&A; Regulation 1994)

(1) This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

(2) In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building's proposed use.

(3) Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building's proposed use. The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent.

(4) Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).

(5) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

94 Consent authority may require buildings to be upgraded

(cf clause 66B of EP&A; Regulation 1994)

(1) This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where:

(a) the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or

(b) the measures contained in the building are inadequate:

(i) to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or

(ii) to restrict the spread of fire from the building to other buildings nearby.

(c) (Repealed)

(2) In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

(2A), (2B) (Repealed)

(3) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

94A Fire safety and other considerations applying to erection of temporary structures

(1) This clause applies to a development application for the erection of a temporary structure.

(2) In determining a development application to which this clause applies, a consent authority is to take into consideration:

(a) whether the fire protection and structural capacity of the structure will be appropriate to the proposed use of the structure, and

(b) whether the ground or other surface on which the structure is to be erected will be sufficiently firm and level to sustain the structure while in use.

(3) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

95 Deferred commencement consent

(cf clause 67 of EP&A; Regulation 1994)

(1) A ";deferred commencement"; consent must be clearly identified as a ";deferred commencement"; consent (whether by the use of that expression or by reference to section 80 (3) of the Act or otherwise).

(2) A ";deferred commencement"; consent must clearly distinguish conditions concerning matters as to which the consent authority must be satisfied before the consent can operate from any other conditions.

(3) A consent authority may specify the period within which the applicant must produce evidence to the consent authority sufficient enough to enable it to be satisfied as to those matters.

(4) The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period.

(5) If the applicant produces evidence in accordance with this clause, the consent authority must notify the applicant whether or not it is satisfied as to the relevant matters.

(6) If the consent authority has not notified the applicant within the period of 28 days after the applicant's evidence is produced to it, the consent authority is, for the purposes only of section 97 of the Act, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.

See also section 109O of the Act and clause 161 of this Regulation.

96 Imposition of conditions--ancillary aspects of development

(cf clause 67A of EP&A; Regulation 1994)

(1) If a consent authority grants development consent subject to a condition authorised by section 80A (2) of the Act with respect to an ancillary aspect of the development, the consent authority may specify the period within which the ancillary aspect must be carried out to the satisfaction of the consent authority, or a person specified by the consent authority, as referred to in that subsection.

(2) The applicant may produce evidence to the consent authority, or to the person specified by the consent authority for the purpose, sufficient to enable it, or the person so specified, to be satisfied in respect of the ancillary aspect of the development.

(3) For the purposes of section 80A (3) of the Act, the relevant period is the period of 28 days after the applicant's evidence is produced to the consent authority or a person specified by the consent authority.

97 Modification or surrender of development consent or existing use right

(cf clause 68 of EP&A; Regulation 1994)

(1) A notice of modification or surrender of a development consent or existing use right, as referred to in section 80A (5) of the Act, must include the following information:

(a) the name and address of the person by whom the notice is given,

(b) the address, and formal particulars of title, of the land to which the consent or right relates,

(c) a description of the development consent or existing use right to be modified or surrendered,

(d) particulars as to whether the consent or right is to be modified (including details of the modification) or surrendered,

(e) if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the modification or surrender of the consent or right.

(2) A duly signed and delivered notice of modification or surrender of a development consent or existing use right referred to in subclause (1):

(a) takes effect when it is received by the consent authority, and

(b) operates, according to its terms, to modify or surrender the development consent or existing use right to which it relates.

(3) A notice of voluntary surrender of a development consent, as referred to in section 104A of the Act, is to be given to the consent authority and is to include the following information:

(a) the name and address of the person by whom the notice is given,

(b) the address, and formal particulars of title, of the land to which the consent relates,

(c) a description of the development consent to be surrendered,

(d) if the person giving the notice is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the surrender of the consent,

(e) if development has commenced to be carried out in accordance with the consent--a statement setting out the circumstances that indicate:

(i) that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and

(ii) that the surrender will not have an adverse impact on any third party or the locality.

(4) A duly signed and delivered notice of surrender of a development consent referred to in subclause (3):

(a) takes effect when the consent authority notifies the person that:

(i) it is satisfied that so much of the development as has been carried out has been carried out in compliance with any condition of the consent, or any agreement with the consent authority relating to the consent, that is relevant to that part of the development, and

(ii) that the surrender will not have an adverse impact on any third party or the locality, and

(b) operates, according to its terms, to surrender the consent to which it relates.

97A Fulfilment of BASIX commitments

(1) This clause applies to the following development:

(a) BASIX affected development,

(b) any BASIX optional development in relation to which a person has made a development application 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) For the purposes of section 80A (11) of the Act, fulfilment of the commitments listed in each relevant BASIX certificate for development to which this clause applies is a prescribed condition of any development consent for the development.

Division 8A – Prescribed conditions of development consent

98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(cf clauses 78 and 78A of EP&A; Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H202 of Volume One of the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an entertainment venue, or

(b) construction certificate, in every other case.

There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues.



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