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98A Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State's building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

98B Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State's building laws.

98C Conditions relating to entertainment venues

For the purposes of section 80A (11) of the Act, the requirements set out in Schedule 3A are prescribed as conditions of development consent for the use of a building as an entertainment venue.

98D Condition relating to maximum capacity signage

(1) For the purposes of section 80A (11) of the Act, the requirement set out in subclause (2) is prescribed as a condition of development consent (including an existing development consent) for the following uses of a building, if the development consent for the use contains a condition specifying the maximum number of persons permitted in the building:

(a) entertainment venue,

(b) function centre,

(c) pub,

(d) registered club,

(e) restaurant.

(2) From 26 January 2010, a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building.

(3) Words and expressions used in this clause have the same meanings as they have in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

98E Condition relating to shoring and adequacy of adjoining property

(1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person's own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Division 9 – (Repealed)

Division 10 – Post-determination notifications

100 Notice of determination

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

(1) For the purposes of section 81 (1) of the Act, a notice of the determination of a development application must contain the following information:

(a) whether the application has been granted or refused,

(b) if the application has been granted, the terms of any conditions (including conditions prescribed under section 80A (11) of the Act) on which it has been granted,

(c) if the application has been refused, or granted subject to conditions (other than conditions prescribed under section 80A (11) of the Act), the consent authority's reasons for the refusal or for the imposition of those conditions,

(c1) whether the applicant has the right to request a review of the determination under section 82A of the Act,

(c2) in the case of a consent for a staged development application--whether a subsequent development application is required for any part of the site concerned,

(d) the date on which the determination was made,

(e) the date from which any development consent that is granted operates,

(f) the date on which any development consent that is granted lapses,

(g) if the development involves a building but does not require a construction certificate for the development to be carried out, the class of the building under the Building Code of Australia,

(h) whether the Planning Assessment Commission has conducted a public hearing in respect of the application,

(i) which approval bodies have given general terms of approval in relation to the development, as referred to in section 93 of the Act,

(j) whether the Act gives a right of appeal or a right to make an application for a review against the determination to the applicant,

(k) whether the Act gives a right of appeal against the determination to an objector.

(2) The notice of determination must clearly identify the relevant development application by reference to its registered number.

(3) A notice of determination of a grant of development consent must include a copy of any relevant plans endorsed by the consent authority.

(4) In the case of a development consent granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, or a person specified by the consent authority, as to any matter specified in the condition:

(a) the date from which the consent operates must not be endorsed on the notice of determination, and

(b) if the applicant satisfies the consent authority, or person, as to the matter, the consent authority must give notice to the applicant of the date from which the consent operates.

(5) (Repealed)

(6) If the determination is one for which concurrence was required under section 79B (3) of the Act, a copy of the notice of determination:

(a) except as provided by paragraph (b):

(i) must be given to the Director-General of National Parks and Wildlife, and

(ii) must be available for public inspection, during ordinary office hours, 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:

(i) must be given to the Director of NSW Fisheries, and

(ii) must be available for public inspection, during ordinary office hours, at the head office of NSW Fisheries.

(7) For the purposes of section 81 (1) of the Act, a notice of the determination of a development application relating to land owned by a Local Aboriginal Land Council must also be given to the New South Wales Aboriginal Land Council.

101 Additional particulars with respect to section 94 and 94A conditions

(cf clause 69A of EP&A; Regulation 1994)

(1) The notice to an applicant concerning a development consent the subject of a section 94 condition must include the following particulars in addition to any other particulars it is required to contain:

(a) the specific public amenity or service in respect of which the condition is imposed,

(b) the contributions plan under which the condition is imposed,

(c) the address of the places where a copy of the contributions plan may be inspected.

(2) The notice to an applicant concerning a development consent the subject of a section 94A condition must include the following particulars in addition to any other particulars it is required to contain:

(a) the contributions plan under which the condition is imposed,

(b) the address of the places where a copy of the contributions plan may be inspected.

102 How soon must a notice of determination be sent?

(cf clause 69 of EP&A; Regulation 1994)

(1) A notice under section 81 (1) of the Act must be sent to each person to whom it is required by that subsection to be sent within 14 days after the date of the determination of the applicant's development application.

(2) For the purposes of section 81 (1) (c) of the Act, any person who made a submission under the Act in relation to a development application (whether or not involving designated development) is required to be notified of the consent authority's determination of the application.

(3) Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.

103 Notice under section 81A of the Act of appointment of principal certifying authority

(cf clause 70 of EP&A; Regulation 1994)

A notice given under or for the purposes of section 81A (2) (b1) (i) or (4) (b1) (i) of the Act must contain the following information:

(a) (Repealed)

(b) a description of the work to be carried out,

(c) the address of the land on which the work is to be carried out,

(d) the registered number and date of issue of the relevant development consent,

(e) the name and address of the principal certifying authority, and of the person by whom the principal certifying authority was appointed,

(f) if the principal certifying authority is an accredited certifier:

(i) his, her or its accreditation number, and

(ii) (Repealed)

(iii) a statement signed by the accredited certifier to the effect that he, she or it consents to being appointed as principal certifying authority, and

(iv) a telephone number on which he, she or it may be contacted for business purposes,

and, if the consent authority so requires, must be in the form approved by that authority.

103A Notice under section 81A of the Act of critical stage inspections

A notice given under section 81A (2) (b1) (ii) of the Act must contain the following information:

(a) the name and accreditation number of the principal certifying authority by whom the notice is given,

(b) a telephone number on which the principal certifying authority can be contacted for business purposes,

(c) the registered numbers of the development consent and of the construction certificate,

(d) a description of the work to be carried out,

(e) the address of the land at which the work is to be carried out,

(f) a list of the critical stage inspections and other inspections required to be carried out in respect of the work.

104 Notice under section 81A of the Act of intention to commence subdivision work or erection of building

(cf clause 70 of EP&A; Regulation 1994)

A notice given under or for the purposes of section 81A (2) (c) or (4) (c) of the Act must contain the following information:

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

(b) a description of the work to be carried out, and

(c) the address of the land on which the work is to be carried out, and

(d) the registered number and date of issue of the relevant development consent,

(e) the registered number and date of issue of the relevant construction certificate,

(f) a statement signed by or on behalf of the principal certifying authority to the effect that all conditions of the consent that are required to be satisfied prior to the work commencing have been satisfied,

(g) the date on which the work is intended to commence,

and, if the consent authority so requires, must be in the form approved by that authority.

105 Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development

(cf clause 70A of EP&A; Regulation 1994)

(1) A notice under section 91A (6) or section 92 (7) of the Act to an approval body must be sent to the approval body within 14 days after the date of the determination of the relevant development application.

(2) Failure to send the notice within the 14-day period does not affect the validity of the notice or the development consent (if any) to which it relates.

Division 11 – Time within which development application procedures to be completed

106 Definitions

In this Division, ";assessment period"; means:

(a) the period of 21 or 40 days, as the case may be, prescribed by clause 62 (1) as the period within which a concurrence authority must notify its decision as to a development application relating to development that requires its concurrence, but only if that period has commenced to run, or

(b) the period of 21 or 40 days, as the case may be, prescribed by clause 70 (1) as the period within which an approval body must notify its decision as to a development application relating to integrated development, but only if that period has commenced to run,

(c) the period of 25 days referred to in clauses 109 (2), 110 (2) and 111 (2),

(d) the period of 40 or 60 days, as the case may be, prescribed by clause 113 (1) as the period beyond which a development application is taken to have been refused.

107 First 2 days after development application is lodged

Neither the day on which a development application is lodged with the consent authority nor the following day are to be taken into consideration in calculating the number of days in any of the assessment periods.

108 Days prior to referral of application to other bodies to be disregarded

(1) This clause applies to a development application:

(a) that is required to be referred to a concurrence authority, other than a concurrence authority to which, under clause 59 (2), the application is required to be to be forwarded within 14 days after it is lodged or

(b) that is required to be referred to an approval body, other than an approval body to which, under clause 66 (2), the application is required to be to be forwarded within 14 days after it is lodged.

(2) Any day that occurs between the date on which a development application is lodged with a consent authority and:

(a) the date on which the consent authority forwards it to a concurrence authority or approval body, or

(b) the date occurring at the end of the period of 14 days after the application was lodged with the consent authority,

whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.

109 Days occurring while consent authority's request for additional information remains unanswered

(1) Any day that occurs between the date of a consent authority's request for additional information under clause 54 and:

(a) the date on which the information is provided to the consent authority, or

(b) the date on which the applicant notifies, or is taken to have notified, the consent authority in writing that the information will not be provided,

whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.

(2) Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application was lodged with the consent authority. The 25-day period may be extended by operation of clauses 107 and 108.

110 Days occurring while concurrence authority's or approval body's request for additional information remains unanswered

(1) Any day that occurs between the date on which a consent authority receives a concurrence authority's or approval body's request for additional information under clause 60 or 67 and:

(a) the date occurring 2 days after the date on which the consent authority refers to the concurrence authority or approval body the additional information provided by the applicant, or

(b) the date occurring 2 days after the date on which the consent authority notifies the concurrence authority or approval body that the applicant has notified the consent authority that the additional information will not be provided,

whichever is the earlier, is not to be taken into consideration in calculating the number of days in any of the assessment periods.

(2) Subclause (1) applies only if the relevant request is made within 25 days after the date on which the development application is received by the concurrence authority or approval body concerned. The 25-day period may be extended by operation of clauses 107 and 108.

111 Days occurring during consultation under National Parks and Wildlife Act 1974

(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),

any day that occurs during the consultation (being a period that does not extend more than 46 days from the date on which the development application was lodged with the consent authority) is not to be taken into consideration for the purpose of calculating the number of days in any of the assessment periods.

(2) Subclause (1) applies only if the consultation commences within 25 days after the date on which the development application is forwarded to the Director-General of National Parks and Wildlife. The 25-day period may be extended by operation of clauses 107 and 108.

112 Consent authority to notify applicant that time has ceased to run

(1) On the occurrence of each of the following events, namely:

(a) a request by a consent authority for additional information under clause 54,

(b) the receipt by a consent authority of a concurrence authority's or approval body's request for additional information under clause 60 or 67,

(c) the receipt by a consent authority of a notice from the Director-General of National Parks and Wildlife under clause 68,

the consent authority must notify the applicant of the effect that this Division has on the various assessment periods to which this Division relates as a consequence of those events having occurred.

(2) If several events require notification under this clause, a single notification referring to each of those events is sufficient.

The object of this clause is to ensure that the applicant is kept informed as to when the various deadlines imposed by this Regulation occur in relation to the processing of his or her development application and, in particular, as to when any right of appeal may arise as a consequence of a deemed refusal of the application.

113 Applications taken to be refused

(cf clause 70B of EP&A; Regulation 1994)

(1) For the purposes of section 82 (1) of the Act, a development application is taken to be refused if a consent authority has not determined the application within the ";deemed refusal period";, being:

(a) 40 days, except in the case of development referred to in paragraph (b) or (c), or

(b) 60 days, in the case of:

(i) designated development, or

(ii) integrated development (other than integrated development that, pursuant to State Environmental Planning Policy No 62--Sustainable Aquaculture, is Class 1 aquaculture development), or

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

(c) 90 days, in the case of State significant development.

(2) The deemed refusal period is measured from:

(a) the date the development application is lodged with the consent authority, or

(b) the date the Commission complies with clause 268V (3), if a review (with or without a public hearing) has been conducted by the Planning Assessment Commission into development other than development the subject of a development application to which section 97 of the Act does not apply, or part of any such development.

(3) In the case of designated development or other advertised development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).

(4) If the relevant submission period for a development application for designated development is more than 30 days, the consent authority is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.

(5) In the case of State significant development for which the relevant submission period exceeds 30 days, the deemed refusal period is to be increased by that part of the submission period that exceeds 30 days, despite subclause (1).

(6) If the relevant submission period for a development application for State significant development is more than 30 days, the Minister is to notify the applicant of the period and the effect of the extension of the period on the operation of this Division for the purposes of section 82 of the Act.

(7) In the case of State significant development, any day that occurs between the date of the Director-General's request for a written response to submissions under clause 85A and the date on which that response is provided to the Director-General is not to be taken into consideration in calculating the number of days in the deemed refusal period.

This clause does not apply in respect of a development application if section 97 of the Act does not apply to the application.

113A Public participation: application under section 82A of the Act for review of council's determination

(1) This clause applies to an application under section 82A of the Act for review by a council of its determination of a development application.

(2) An application to which this clause applies must be notified or advertised for a period not exceeding 14 days, but otherwise in the same manner as the original development application was notified or advertised.

(3) However, if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application, the application is to be notified or advertised in accordance with the development control plan.

(4) The council must cause copies of the application to be given to each concurrence authority for the development to which the application relates.

(5) The notice or advertisement referred to in subclause (2) must contain the following information:

(a) a brief description of the original development application and the land to which it relates,

(b) a statement that submissions concerning the application for review may be made to the council within the period referred to in section 82A (4) (b) of the Act.

(6) For the purposes of section 82A (4) (b) of the Act, the period within which submissions may be made in relation to such an application is the period specified:

(a) in subclause (2), except as provided by paragraph (b), or

(b) if the council has made a development control plan specifying such a period, in the development control plan.

(7) During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.

113B Period after which Crown development applications may be referred to Minister or regional panel

(1) For the purposes of section 89 (2) of the Act, the prescribed period is 70 days after the Crown development application is lodged with the consent authority.

(2) For the purposes of section 89 (5) of the Act, the prescribed period is 50 days after the Crown development application is referred to the applicable regional panel under section 89 (2) (b) of the Act.

Division 12 – Development consents--extension, completion and modification

114 What is the form for an application for extension of a development consent?

(cf clause 71 of EP&A; Regulation 1994)

An application under section 95A of the Act for the extension of time to commence development:

(a) must be in writing, and

(b) must identify the development consent to which it relates, and

(c) must indicate why the consent authority should extend the time.

114A (Repealed)

115 Application for modification of development consent

(cf clause 71A of EP&A; Regulation 1994)

(1) An application for modification of a development consent under section 96 (1), (1A) or (2) or 96AA (1) of the Act must contain the following information:

(a) the name and address of the applicant,

(b) a description of the development to be carried out under the consent (as previously modified),

(c) the address, and formal particulars of title, of the land on which the development is to be carried out,

(d) a description of the proposed modification to the development consent,

(e) a statement that indicates either:

(i) that the modification is merely intended to correct a minor error, misdescription or miscalculation, or

(ii) that the modification is intended to have some other effect, as specified in the statement,

(f) a description of the expected impacts of the modification,

(g) an undertaking to the effect that the development (as to be modified) will remain substantially the same as the development that was originally approved,

(h) 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 making of the application (except where the application for the consent the subject of the modification was made, or could have been made, without the consent of the owner),

(i) a statement as to whether the application is being made to the Court (under section 96) or to the consent authority (under section 96AA),

and, if the consent authority so requires, must be in the form approved by that authority.

(2) The notification requirements of clause 49 apply in respect of an application if the consent of the owner of the land would not be required were the application an application for development consent rather than an application for the modification of such consent.

(3) In addition, an application for the modification of a development consent under section 96 (2) or 96AA (1) of the Act, if it relates to residential flat development for which the development application was required to be accompanied by a design verification from a qualified designer under clause 50 (1A), must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies that:

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

(b) the residential flat development, as modified, achieves the design quality principles set out in Part 2 of State Environmental Planning Policy No 65--Design Quality of Residential Flat Development, and

(c) the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted.

(4) If an application referred to in subclause (3) 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.

(5) The consent authority may refer the proposed modification to the relevant design review panel but not if the application is for modification of a development consent for State significant development.

(6) An application for the modification of a development consent under section 96 (1A) or (2) of the Act, if it relates to development for which the development application was required to be accompanied by a BASIX certificate or BASIX certificates, or if it relates to 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), must also be accompanied by the appropriate BASIX certificate or BASIX certificates.

(7) The appropriate BASIX certificate for the purposes of subclause (6) is:

(a) if the current BASIX certificate remains consistent with the proposed development, the current BASIX certificate, and

(b) if the current BASIX certificate is no longer consistent with the proposed development, a new BASIX certificate to replace the current BASIX certificate.

(8) An application for modification of a development consent under section 96 (1), (1A) or (2) or 96AA (1) of the Act relating to land owned by a Local Aboriginal Land Council may be made only with the consent of the New South Wales Aboriginal Land Council.

(9) The application must be accompanied by the relevant fee prescribed under Part 15.

(10) A development consent may not be modified by the Land and Environment Court under section 96 of the Act if an application for modification of the consent has been made to the consent authority under section 96AA of the Act and has not been withdrawn.

116 Modification of consent granted by Court

A copy of an application for the modification of a development consent granted by the Court is not to be lodged with the Court, but with the consent authority that dealt with the original development application from which that consent arose.

117 Modification of consent involving minimal environmental impact

(1) This clause applies to an application under section 96 (1A) of the Act or under section 96AA of the Act in respect of a modification which, in the opinion of the consent authority, is of minimal environmental impact.

(2) If an application to which this clause applies is required by a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the consent authority to which the original development application was made.

(3) A consent authority referred to in subclause (2) must, in the case of an application under section 96AA of the Act, notify the Court of:

(a) the manner in which the application was notified or advertised, and

(b) any submission period required by the development control plan, and

(c) the date (or dates) on which the application was notified or advertised.

(3A) If an application to which this clause applies relates to a development consent that was originally granted or deemed to have been refused by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel.

(3B) Subclauses (2)-(3A) do not apply if the application to which this clause applies is in respect of State significant development.

(4) If a development control plan provides for a period for notification or advertising of an application, any person during that period may inspect the application and any accompanying information and make extracts from or copies of them.

118 Applications under sections 96 (2) and 96AA for modification of certain development consents

(cf clause 72A of EP&A; Regulation 1994)

(1) This clause applies to an application under section 96 (2) or 96AA (1) of the Act to modify a development consent if the original development application for the consent was an application to carry out any of the following:

(a) designated development,

(b) State significant development,

(c) any other advertised development where the application was made to a consent authority other than a council.

(2) Notice of the application must be published in a local newspaper by the relevant consent authority, that is:

(a) by the consent authority that granted the development consent, or

(b) by the consent authority to which the original development application was made, if development consent was granted by the Court on appeal, or

(c) by the council or councils of the area in which the development concerned is to be carried out, if the development consent was granted by a regional panel or if the development consent was granted by the Court on appeal and the original development consent was granted or was deemed to have been refused by a regional panel.

(3) The relevant consent authority must also cause notice of the application to be given to each person who made a submission in relation to the original development application.

(4) A consent authority referred to in subclause (2) (b) or a council referred to in subclause (2) (c) (if development consent was granted by the Court) must, in the case of an application under section 96AA of the Act, notify the Court of the date on which notice of the application is published under subclause (2).

(5) The notice published under subclause (2) must contain the following information:

(a) a brief description of the development consent, the land to which it relates and the details of the modification sought,

(b) a statement that written submissions concerning the proposed modification may be made to the consent authority that publishes the notice within the period specified in accordance with paragraph (c),

(c) the period during which the application may be inspected at the principal office of the consent authority that publishes the notice,

(d) a statement that, if the application is approved, there is no right of appeal to the Court by an objector.

(6) For the purposes of sections 96 (2) (d) and 96AA (1) (d) of the Act, the period referred to in subclause (5) (c) must be a period of at least 14 days commencing on the day after which notice of the application for modification is first published in a local newspaper.

(7) During the period referred to in subclause (5) (c), any person may inspect the application and any accompanying information and make extracts from or copies of them.

119 Public participation--applications under sections 96 (2) and 96AA for modification of other development consents

(1) This clause applies to an application under section 96 (2) of the Act to which clause 118 does not apply or under section 96AA (1) of the Act to which clauses 117 and 118 do not apply.

(2) An application to which this clause applies must be notified or advertised for a period not exceeding 14 days but otherwise in the same manner as the original development application was notified or advertised.

(3) However, if the application is made to a council that has provided in a development control plan for the notification or advertising of such an application (or has provided that such an application is not required to be notified or advertised), the application is to be notified or advertised in accordance with the development control plan.

(4) If an application to which this clause applies is required by this clause or a development control plan to be notified or advertised and the development consent was granted by the Court on appeal, the application must be so notified or advertised by the council to which the original development application was made.

(5) A council referred to in subclause (4) must, in the case of an application under section 96AA of the Act, notify the Court of:

(a) the manner in which the application was notified or advertised, and

(b) any submission period required by the development control plan, and

(c) the date (or dates) on which the application was notified or advertised.

(5A) If an application to which this clause applies is made about a development consent granted, or deemed to have been refused, by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to notify or advertise the application, and are to notify the Court (if applicable), in accordance with this clause instead of the regional panel.

(6) During the period referred to in subclause (2) or, if a development control plan provides for a period for notification or advertising of an application, during that period, any person may inspect the application and any accompanying information and make extracts from or copies of them.

120 Notification of concurrence authorities and approval bodies

(1) As soon as practicable after receiving an application for the modification of a development consent, a consent authority must cause a copy of the application to be given to each concurrence authority and approval body for the development to which the application relates.

(2) If an application to which this clause applies is made about a development consent granted by a regional panel, the council or councils of the area in which the development concerned is to be carried out are to comply with subclause (1) instead of the regional panel.

121 Applications for modifications of development consents to be kept available for public inspection

(cf clause 73 of EP&A; Regulation 1994)

(1) An application for the modification of a development consent must be made available for inspection by the consent authority that published the notice of the application.

(2) The application:

(a) must be available at the consent authority's principal office, free of charge, during the consent authority's ordinary office hours, and

(b) must be available for the period specified in the notice referred to in subclause (1).

122 Notice of determination of application to modify development consent

(cf clause 73A of EP&A; Regulation 1994)

(1) Notice in writing of the determination of an application for the modification of a development consent must be given to the applicant as soon as practicable after the determination is made.

(1A) A notice of determination of an application granted for the modification of a development consent must include a copy of any relevant plans endorsed by the consent authority.

(2) If the determination is made subject to conditions or by refusing the application, the notice:

(a) must indicate the consent authority's reasons for the imposition of the conditions or the refusal, and

(b) must specify any right of the applicant to seek a review or make an appeal against the determination under the Act.

(3) If an application for the modification of a development consent applies to land owned by a Local Aboriginal Land Council, notice under subclause (1) must also be given to the New South Wales Aboriginal Land Council.



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