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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and
Assessment Amendment (Restoration
of Community Participation) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2006-958-30.d12
New South Wales
Environmental Planning and
Assessment Amendment (Restoration
of Community Participation) Bill 2008
No , 2008
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 to restore a
measure of community and Council control over planning decisions, to increase
accountability, to improve definitions, and for other purposes.
Environmental Planning and Assessment Amendment (Restoration of
Clause 1 Community Participation) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Environmental Planning and Assessment Amendment 3
(Restoration of Community Participation) Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Environmental Planning and Assessment Act 1979 7
No 203 8
The Environmental Planning and Assessment Act 1979 is amended as 9
set out in Schedule 1. 10
4 Repeal of Act 11
(1) This Act is repealed on the day following the day on which this Act 12
commences. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Environmental Planning and Assessment Amendment (Restoration of
Community Participation) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 5 Objects 3
Insert after section 5 (a) (viii): 4
(ix) the reduction of greenhouse gas emissions and 5
mitigation of the effects of climate change, and 6
(x) the protection and enhancement of the health and 7
wellbeing of the community, and 8
[2] Section 75F Environmental assessment requirements for approval 9
Omit "may" from section 75F (1). Insert instead "must". 10
[3] Section 75F (5) 11
Omit "may". Insert instead "must". 12
[4] Section 75H Environmental assessment and public consultation 13
Omit "provide copies of submissions received by the Director-General or a 14
report of the issues raised in those submissions" from section 75H (5). 15
Insert instead "publish copies of submissions received by the Director-General 16
on a website maintained by the Department within one week of receiving those 17
submissions and provide a copy of those submissions". 18
[5] Section 75H (5A) 19
Insert after section 75H (5): 20
(5A) Before providing a copy of, or publishing, a submission, the 21
Director-General may remove any material from the submission 22
that, in the opinion of the Director-General: 23
(a) identifies the person who made the submission, or 24
(b) is of a defamatory or offensive nature, or the disclosure of 25
which would contravene any law. 26
[6] Section 75I Director-General's environmental assessment report 27
Insert ", any submission received from any person about the assessment under 28
section 75H" after "environmental assessment" in section 75I (2) (a). 29
Page 3
Environmental Planning and Assessment Amendment (Restoration of
Community Participation) Bill 2008
Schedule 1 Amendments
[7] Section 75L Appeals by an objector 1
Omit section 75L (1). Insert instead: 2
(1) This section applies to a project if the project would, but for this 3
Part, be development to which the provisions of Part 4 would 4
apply. 5
[8] Section 148A 6
Insert after section 148: 7
148A Donations by property developers and others 8
(1) A property developer who: 9
(a) makes, or offers to make, a donation to a politician, 10
political party or party official, or 11
(b) solicits another person to make, or to offer to make, a 12
donation to a politician, political party or party official on 13
the property developer's behalf, 14
is guilty of an offence. 15
(2) A politician, political party or party official who accepts or 16
solicits a donation from a property developer is guilty of an 17
offence. 18
(3) A person (whether or not a property developer) who makes a 19
development application or submits an expression of interest to 20
the Minister, or to a consent authority, within 1 year after making 21
a donation to a politician, political party or party official, is guilty 22
of an offence. 23
(4) A person (whether or not a property developer) who makes a 24
donation to a politician, political party or party official within 25
1 year after a development application made by the person is 26
determined under this Act, is guilty of an offence. 27
(5) For the purposes of this section, a property developer means a 28
person or body that, at the time of making, offering, soliciting 29
another person to make or being solicited to make a donation: 30
(a) is involved in property development, or 31
(b) is associated with property development (because the 32
person or body provides financial, legal, construction or 33
other related services to a person or body involved in 34
property development), or 35
(c) has made a development application to the Minister or to a 36
consent authority that has not been determined, 37
but does not include a home renovator. 38
Page 4
Environmental Planning and Assessment Amendment (Restoration of
Community Participation) Bill 2008
Amendments Schedule 1
(6) This section applies irrespective of the purpose of the donation. 1
(7) In this section: 2
development application includes an application for approval of 3
a project under Part 3A, but does not include an application made 4
by a home renovator in connection with renovations or 5
extensions to his or her place of residence. 6
donation includes money, property or any other benefit. 7
expression of interest means an expression of interest in carrying 8
out a development. 9
home renovator means an individual whose sole involvement 10
with property development is the undertaking of renovations or 11
extensions to the person's place of residence. 12
party official means a person who holds an office in a political 13
party. 14
political party means a party that is officially registered for the 15
purposes of elections to a Parliament or a local council. 16
politician means: 17
(a) a member of Parliament, or 18
(b) an elected member of a local council, or 19
(c) a candidate for election to Parliament or a local council. 20
[9] Schedule 6 Savings, transitional and other provisions 21
Insert at the end of the Schedule (with appropriate Part and clause numbers): 22
Part Environmental Planning and Assessment 23
Amendment (Restoration of Community 24
Participation) Act 2008 25
Application of amendments 26
(1) The amendment to section 75F (5) made by the Environmental 27
Planning and Assessment Amendment (Restoration of 28
Community Participation) Act 2008 does not affect any 29
environmental assessment requirements notified to a proponent 30
before the commencement of the amendment. 31
(2) The amendments to sections 75H, 75I and 75L made by the 32
Environmental Planning and Assessment Amendment 33
(Restoration of Community Participation) Act 2008 apply only in 34
relation to submissions received under section 75H on or after the 35
commencement of the amendments. 36
Page 5
Environmental Planning and Assessment Amendment (Restoration of
Community Participation) Bill 2008
Schedule 1 Amendments
(3) Section 148A, as inserted by the Environmental Planning and 1
Assessment Amendment (Restoration of Community 2
Participation) Act 2008, extends to development applications 3
(within the meaning of that section) made to the Minister or a 4
consent authority within 1 year before the commencement of that 5
section. 6
Page 6
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