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New South Wales
Environmental Planning and
Assessment Amendment (Public
Participation and Environmental
Protection) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
Schedule 1 Amendments 3
b98-551-p03.802
New South Wales
Environmental Planning and
Assessment Amendment (Public
Participation and Environmental
Protection) Bill 2000
No , 2000
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 in relation
to environmental planning and assessment, to increase public participation rights
and environmental protection measures in the development assessment process, and
to ensure the principles of ecologically sustainable development are applied during
the process.
Clause 1 Environmental Planning and Assessment Amendment (Public
Participation and Environmental Protection) Bill 2000
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Environmental Planning and Assessment Amendment 3
(Public Participation and Environmental Protection) Act 2000. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Environmental Planning and Assessment Act 1979 No 7
203 8
The Environmental Planning and Assessment Act 1979 is amended as 9
set out in Schedule 1. 10
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Environmental Planning and Assessment Amendment (Public
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Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
environmentally sensitive area means: 5
(a) land that is identified in an environmental planning 6
instrument as an environment protection zone such as 7
for the protection or preservation of habitats, plant 8
communities, escarpments, wetlands or foreshores, or 9
(b) land that is protected or preserved under State 10
Environmental Planning Policy No 14--Coastal 11
Wetlands or State Environmental Planning Policy No 12
26--Littoral Rainforests, or 13
(c) land that is reserved or dedicated as a national park or 14
a historic site, or is dedicated as a nature reserve or 15
declared as a wilderness area, under the National Parks 16
and Wildlife Act 1974, or 17
(d) an area that is declared to be a marine park under the 18
Marine Parks Act 1997, or 19
(e) an area that is declared as an aquatic reserve under the 20
Fisheries Management Act 1994, or 21
(f) land that is reserved or dedicated under the Crown 22
Lands Act 1989 for the preservation of flora, fauna, 23
geological formations or other environmental protection 24
purposes, or for Aboriginal cultural heritage protection, 25
or 26
(g) a place declared under section 84 of the National Parks 27
and Wildlife Act 1974 to be an Aboriginal place for the 28
purposes of that Act, or 29
(h) land on which there is a relic within the meaning of the 30
National Parks and Wildlife Act 1974, or 31
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Participation and Environmental Protection) Bill 2000
Schedule 1 Amendments
(i) land that is subject to, or land on which there is a 1
significant Aboriginal object that is the subject of, a 2
declaration under Division 1 or 2 of Part II of the 3
Aboriginal and Torres Strait Islander Heritage 4
Protection Act 1984 of the Commonwealth. 5
principles of ecologically sustainable development means the 6
following statements of principle: 7
Ecologically sustainable development requires the effective 8
integration of economic and environmental considerations in 9
decision-making processes. Ecologically sustainable 10
development can be achieved through the implementation of 11
the following principles and programs: 12
(a) The precautionary principle--namely, that if there are 13
threats of serious or irreversible environmental damage, 14
lack of full scientific certainty should not be used as a 15
reason for postponing measures to prevent 16
environmental degradation. 17
(b) Inter-generational equity--namely, that the present 18
generation should ensure that the health, diversity and 19
productivity of the environment is maintained or 20
enhanced for the benefit of future generations. 21
(c) Conservation of biological diversity and ecological 22
integrity--namely, that conservation of biological 23
diversity and ecological integrity should be a 24
fundamental consideration. 25
(d) Improved valuation, pricing and incentive 26
mechanisms--namely, that environmental factors 27
should be included in the valuation of assets and 28
services, such as: 29
(i) polluter pays--that is, those who generate 30
pollution and waste should bear the cost of 31
containment, avoidance or abatement, 32
(ii) the users of goods and services should pay 33
prices based on the full life cycle of costs of 34
providing goods and services, including the use 35
of natural resources and assets and the ultimate 36
disposal of any waste, 37
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Amendments Schedule 1
(iii) environmental goals, having been established, 1
should be pursued in the most cost effective 2
way, by establishing incentive structures, 3
including market mechanisms, that enable those 4
best placed to maximise benefits or minimise 5
costs to develop their own solutions and 6
responses to environmental problems. 7
[2] Section 5 Objects 8
Insert "development in accordance with the principles of" before 9
"ecologically" in section 5 (a) (vii). 10
[3] Section 76 Development that does not need consent 11
Insert after section 76 (2): 12
(2A) A provision under subsection (2) cannot be made in respect of: 13
(a) land to which any of the following environmental 14
planning instruments apply: 15
State Environmental Planning Policy No 14--Coastal 16
Wetlands 17
State Environmental Planning Policy No 26--Littoral 18
Rainforests 19
State Environmental Planning Policy No 44--Koala 20
Habitat Protection 21
(b) development for which the consent of the Minister for 22
Land and Water Conservation is required under the 23
Native Vegetation Conservation Act 1997. 24
[4] Section 76 (3) and (4) 25
Omit section 76 (3). Insert instead: 26
(3) If development is exempt development, the development may 27
be carried out, in accordance with the instrument, on land to 28
which the provision applies without the need for development 29
consent, unless: 30
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Schedule 1 Amendments
(a) the land is critical habitat or is, or is likely to be, the 1
habitat of threatened species, or is subject to a recovery 2
plan, or 3
(b) the land is, or is part of, a wilderness area (within the 4
meaning of the Wilderness Act 1987), or 5
(c) the concurrence of the Director-General of National 6
Parks and Wildlife would be required if the 7
development was development that could be carried out 8
only with development consent, or 9
(d) the land comprises, or is land on which there is, an item 10
of the environmental heritage: 11
(i) to which an interim heritage order or listing on 12
the State Heritage Register under the Heritage 13
Act 1977 applies, or 14
(ii) that is identified as such an item in an 15
environmental planning instrument, or 16
(e) the land is identified as an environmentally sensitive 17
area in the environmental planning instrument that 18
makes provision for the exempt development. 19
A provision made under subsection (2) ceases to have effect in 20
relation to land if the land becomes land to which this 21
subsection applies. 22
(4) At least once in every 2 years after an environmental planning 23
instrument is made that provides that development is exempt 24
development, the instrument must be reviewed: 25
(a) by the council, in the case of a local environmental 26
plan, and 27
(b) by the Minister, in the case of a State environmental 28
planning policy or a regional environmental plan. 29
[5] Section 76A Development that needs consent 30
Omit section 76A (2). Insert instead: 31
(2) For the purposes of subsection (1), a development consent may 32
be obtained by the making of a determination by a consent 33
authority to grant development consent. 34
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Amendments Schedule 1
[6] Section 76A (6) (c) 1
Omit the paragraph. Insert instead: 2
(c) if the development is development for which 3
development consent cannot be granted except with the 4
concurrence of a person other than the consent 5
authority, or 6
[7] Section 76A (6) (d) 7
Insert "or is, or is likely to be, the habitat of threatened species, or is subject 8
to a recovery plan" after "habitat". 9
[8] Section 76A (6) (f1) 10
Insert after section 76A (6) (f): 11
(f1) so as to apply to: 12
(i) land declared under section 84 of the National 13
Parks and Wildlife Act 1974 to be an Aboriginal 14
place for the purposes of that Act, or 15
(ii) land on which there is a relic within the 16
meaning of the National Parks and Wildlife Act 17
1974, or 18
(iii) land that is subject to, or land on which there is 19
a significant Aboriginal object that is the subject 20
of, a declaration under Division 1 or 2 of Part II 21
of the Aboriginal and Torres Strait Islander 22
Heritage Protection Act 1984 of the 23
Commonwealth, or 24
[9] Section 76A (6) (g) 25
Omit "the environmental planning instrument that makes provision for the 26
complying development". 27
Insert instead "an environmental planning instrument that applies to the 28
land". 29
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Schedule 1 Amendments
[10] Section 76A (6A) and (6B) 1
Insert after section 76A (6): 2
(6A) A provision under subsection (5) cannot be made in respect of: 3
(a) land to which any of the following environmental 4
planning instruments apply: 5
State Environmental Planning Policy No 14--Coastal 6
Wetlands 7
State Environmental Planning Policy No 26--Littoral 8
Rainforests 9
State Environmental Planning Policy No 44--Koala 10
Habitat Protection 11
(b) development for which the consent of the Minister for 12
Land and Water Conservation is required under the 13
Native Vegetation Conservation Act 1997. 14
(6B) At least once in every 2 years after an environmental planning 15
instrument is made that provides that development is 16
complying development, the instrument must be reviewed: 17
(a) by the council, in the case of a local environmental 18
plan, and 19
(b) by the Minister, in the case of a State environmental 20
planning policy or a regional environmental plan. 21
[11] Section 76A (7) (b) 22
Omit the paragraph. 23
[12] Section 78A Application 24
Omit section 78A (8) (a). Insert instead: 25
(a) if the development application is in respect of 26
designated development: 27
(i) an environmental impact statement, and 28
(ii) a social impact statement, 29
prepared by or on behalf of the applicant in the form 30
prescribed by the regulations, or 31
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Amendments Schedule 1
[13] Section 78B 1
Insert after section 78A: 2
78B Notice of development applications generally 3
(1) The consent authority must give notice of a development 4
application to the persons who appear to the consent authority 5
to own the land adjoining the land to which the application 6
applies. 7
(2) The consent authority must give notice of a development 8
application to any persons who may be detrimentally affected 9
by the proposed development if it is carried out. 10
(3) In forming its opinion, the consent authority must take into 11
consideration: 12
(a) the likely effect the proposed development would have, 13
including the social, environmental and economic effect, 14
and 15
(b) the public interest, and 16
(c) the principles of ecologically sustainable development. 17
(4) The consent authority must give notice of a development 18
application to the secretary of the precinct committee (if any) 19
where the development is proposed to be carried out. 20
(5) The consent authority must also give notice of the making of a 21
development application to any persons to whom notice is 22
required to be given under a development control plan. 23
(6) For the purposes of this section, land adjoins other land if and 24
only if it abuts that other land or is separated from it only by a 25
pathway, driveway or similar thoroughfare. 26
(7) The notice must be given as soon as practicable after the 27
development application is made to the consent authority and 28
at least 10 days before the consent authority determines the 29
development application. 30
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Schedule 1 Amendments
(8) A notice to an association for a community, precinct or 1
neighbourhood parcel within the meaning of the Community 2
Land Development Act 1989 or to a body corporate for a parcel 3
within the meaning of the Strata Schemes (Freehold 4
Development) Act 1973 or the Strata Schemes (Leasehold 5
Development) Act 1986 is taken to be a notice under this 6
section to the owner of each lot within the parcel concerned. 7
(9) If a parcel of adjoining land is owned by more than one person, 8
a notice to one owner is taken to satisfy the requirements of this 9
section. 10
(10) A notice in respect of a development application involving the 11
erection of a building must be in the form prescribed by the 12
regulations and must include or be accompanied by a plan in 13
the form prescribed by the regulations showing the height and 14
external configuration of the building in relation to the site on 15
which it is proposed to be erected. 16
[14] Section 79 Public participation--designated development 17
Insert "and any person who made a submission under subsection (5)" after 18
"applicant" in section 79 (7). 19
[15] Section 79B Consultation and concurrence 20
Insert after section 79B (8): 21
(8A) A decision with respect to a development consent or 22
concurrence referred to in this section, by whoever made, must 23
include the reasons for which it was made. 24
[16] Section 79C Evaluation 25
Omit section 79C (1). Insert instead: 26
(1) Matters for consideration--general 27
In determining a development application, a consent authority 28
must take into consideration any of the following matters that 29
are relevant to the development the subject of the development 30
application: 31
(a) the provisions of: 32
(i) any environmental planning instrument, and 33
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Amendments Schedule 1
(ii) any draft environmental planning instrument that 1
is or has been placed on public exhibition and 2
details of which have been notified to the 3
consent authority, and 4
(iii) any development control plan, and 5
(iv) any matters prescribed by the regulations, 6
that apply to the land to which the development 7
application relates, 8
(b) any submissions received in relation to the development 9
that the consent authority is required to consider by this 10
Act or the regulations, 11
(c) the principles of ecologically sustainable development, 12
(d) the effects of the development on the environment, 13
including the following: 14
(i) the effects of the development on biodiversity, 15
(ii) the effects of the development on native 16
vegetation, 17
(iii) the effects of the development on natural, 18
cultural and built heritage, 19
(iv) the effects of the development on the land, air 20
and water environments, 21
(v) the noise likely to be generated by the 22
development, 23
(vi) the waste likely to be generated by the 24
development, 25
(vii) the traffic likely to be generated by the 26
development, 27
(viii) the effects of the development on the existing 28
and likely future amenity of the neighbourhood, 29
(ix) the effects of the development on adjoining land 30
and on other land in the locality, 31
(x) the cumulative environmental impacts of 32
previous development in the locality, 33
(e) if the development is likely to cause harm to the 34
environment, ways of protecting the environment or 35
mitigating the harm, 36
(f) the social and economic effects of the development, 37
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Schedule 1 Amendments
(g) the suitability of the site for the development, including 1
the following: 2
(i) whether the land to which the development 3
application relates is subject to flooding, tidal 4
inundation, subsidence, slip or bushfire, 5
(ii) whether adequate utility services are available, 6
(iii) whether public transport services are necessary 7
and, if so, whether they are available and 8
adequate, 9
(iv) the character, location, siting, scale, density, 10
design and external appearance of the 11
development, and its relationship with the land 12
on which it is sited, 13
(h) in the case of integrated development, the general terms 14
provided by any approval body (within the meaning of 15
section 90A) to the consent authority, 16
(i) the provisions of any other law in force on the day on 17
which the development application is lodged with the 18
consent authority that are relevant to the development 19
application, 20
(j) any representations made by a public authority in 21
relation to the development application, or to the 22
development of the area, and the rights and powers of 23
that public authority, 24
(k) the public interest, 25
(l) any other consideration. 26
(1A) A consent authority must consider each of the matters it is 27
required to take into account under subsection (1) in a 28
comprehensive, thorough manner. 29
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Amendments Schedule 1
[17] Section 80 Determination 1
Insert after section 80 (7): 2
(7A) The Director must notify the applicant, the consent authority 3
and each person who made a submission in relation to the 4
development application of the Minister's determination and, 5
if the determination is made by the granting of consent subject 6
to conditions or by the refusing of consent, the notification 7
must indicate the reasons for the imposition of the conditions 8
or the refusal. 9
[18] Section 80A Imposition of conditions 10
Insert after section 80A (6) (c): 11
(d) protecting against and making good damage caused to 12
any items identified for retention by the development 13
consent. 14
[19] Section 81A Effects of development consents and commencement of 15
development 16
Insert "and all adjoining owners" after "council" in section 81A (2) (c). 17
[20] Section 82A Review of determination 18
Insert after section 82A (6): 19
(6A) If a request for a review relates to a development application 20
for advertised development, the council: 21
(a) must give notification of the request to each person who 22
made a submission to the council concerning the 23
development application, and 24
(b) must consider any further submissions made to it by any 25
such person within 14 days after the date on which the 26
person was notified of the request. 27
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Schedule 1 Amendments
[21] Section 85 What is a "complying development certificate"? 1
Omit section 85 (3) and (4) and the notes to those subsections. 2
Insert instead: 3
(3) Erection of buildings 4
A complying development certificate that enables the erection 5
of a building is not sufficient to authorise the use of the 6
building when erected for the purpose stated in the application 7
unless an occupational certificate has been issued. 8
[22] Section 85A Process for obtaining complying development certificates 9
Insert after section 85A (1): 10
(1A) Threatened species 11
An accredited certifier, before dealing with the application, 12
must make proper inquiry as to the existence or potential 13
existence of any threatened species, populations and ecological 14
communities on the land to which the application applies. 15
(1B) An accredited certifier must notify the council within 2 16
working days after receiving an application and the council 17
must inform the accredited certifier whether or not it is aware 18
of the existence or potential existence of any threatened 19
species, populations or ecological communities on the land to 20
which the application applies. 21
(1C) If, at any time before an accredited certifier determines the 22
application, the accredited certifier becomes aware that there is 23
or may be any threatened species, populations or ecological 24
communities on the land to which the application applies, the 25
accredited certifier must refer the application to the council for 26
a decision as to whether or not the concurrence of the 27
Director-General of National Parks and Wildlife is required. 28
[23] Section 85A (8) 29
Omit "7". Insert instead "21". 30
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[24] Section 88A Development applications directed to be referred to the 1
Minister for determination 2
Omit "in the event that the Minister directs, under subsection (5), that a 3
Commission of Inquiry be held" from section 88A (4). 4
Insert instead "either in the event that the Minister directs, under subsection 5
(5), that a Commission of Inquiry be held, or in the event that the Minister 6
does not direct that a Commission of Inquiry be held". 7
[25] Section 89A Application of sections 82, 97 and 98 to State significant 8
development 9
Insert ", but those sections do apply in any other case" after "Inquiry" in 10
section 89A (2). 11
[26] Section 91 What is "integrated development"? 12
Omit the matter relating to the National Parks and Wildlife Act 1974 in 13
section 91 (1). 14
Insert instead: 15
National Parks and Wildlife Act s 86 authorisation of the 16
Director-General of National
1974 17
Parks and Wildlife to do 18
anything referred to in section 19
86 (a), (b), (c), (d) or (e) of 20
that Act 21
s 87 permit to do any act or thing 22
referred to in section 86 (a), 23
(b), (c), (d) or (e) of that Act 24
s 90 consent to knowingly destroy, 25
deface or damage or 26
knowingly cause or permit the 27
destruction or defacement of, 28
or damage to, a relic or 29
Aboriginal place 30
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Schedule 1 Amendments
[27] Section 91 (2) (a) 1
Omit "is known, immediately before the development application is made,". 2
Insert instead "is, immediately before the development application is made, 3
known by the applicant, the consent authority or a public authority". 4
[28] Section 91A Local development that is integrated development 5
Insert after section 91A (5): 6
(5A) Subsection (5) does not apply if the approval concerned is an 7
authorisation, permit or consent under section 86, 87 or 90 of 8
the National Parks and Wildlife Act 1974. 9
[29] Section 92 State significant development that is integrated 10
development 11
Insert after section 92 (5): 12
(5A) The Premier must give the reasons for any decision made by 13
the Premier in settling the dispute. 14
[30] Section 92 (6A)(6F) 15
Insert after section 92 (6): 16
(6A) Subsection (6) does not apply if the approval concerned is an 17
authorisation, permit or consent under section 86, 87 or 90 of 18
the National Parks and Wildlife Act 1974. 19
(6B) If a dispute arises under this section between the consent 20
authority and any other person and a resolution of the dispute 21
cannot be agreed between the parties within 7 days, or such 22
longer period as the parties may agree, the dispute may be 23
referred for mediation by any party. 24
(6C) The Director may compile a list or lists of persons considered 25
to be suitable to be mediators for the purposes of this section. 26
Different lists may be compiled for different types of matters or 27
to take account of any other factors. 28
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(6D) The mediator may, but need not, be a person whose name is on 1
a list compiled by the Director. If the mediator is a person 2
whose name is not on a list compiled by the Director, the 3
parties to the dispute must agree as to who the mediator is to 4
be. 5
(6E) The costs of mediation, including the fees and expenses of the 6
mediator, are to be paid by the parties to the dispute in such 7
proportions as they may agree or, failing agreement, in equal 8
shares. 9
(6F) In this section: 10
mediation means a structured negotiation process in which the 11
mediator, as a neutral and independent party, assists the parties 12
to a dispute to achieve a resolution of the dispute. 13
mediator means a person to whom a matter is referred for 14
mediation under this section. 15
[31] Sections 92B and 92C 16
Insert after section 92A: 17
92B Consideration of submissions and additional information 18
(1) If a development application for integrated development is 19
required to be placed on public exhibition, the consent 20
authority must place the development application on public 21
exhibition within 2 days after it is lodged with the consent 22
authority. 23
(2) The consent authority must forward copies of submissions 24
received in response to the public notification of a 25
development application for integrated development to each 26
relevant approval body within 2 days after the close of the 27
relevant period of public exhibition. 28
(3) An approval body must take any submissions forwarded under 29
subsection (2) into consideration before informing the consent 30
authority of the general terms of any approval proposed to be 31
granted by it. 32
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(4) An approval body, the general terms of whose approval have 1
been sought, may request the consent authority or any other 2
appropriate person to give it any additional information about 3
the proposed development that is essential to its proper 4
consideration of its general terms of approval. 5
(5) Immediately after receiving a request for additional 6
information from an approval body, a consent authority must 7
in writing request the applicant or any other person in 8
possession of the information to provide the information 9
sought within a reasonable period specified by the consent 10
authority. 11
(6) If a request (or more than one request) to provide the 12
additional information is made by the approval body within 45 13
days after the date of lodgment of the development application 14
with the consent authority, the period of time that elapses 15
between the date on which the consent authority receives the 16
approval body's request under subsection (4) and the date on 17
which: 18
(a) the information is provided by the consent authority or 19
other appropriate person from whom the information is 20
requested, or 21
(b) the applicant or other person from whom the 22
information has been requested notifies the consent 23
authority that the information will not be provided, 24
whichever is the sooner, is not to be taken into consideration in 25
calculating the period prescribed by the regulations for the 26
purposes of section 82. 27
(7) Immediately after the consent authority receives the requested 28
information from the applicant or other person, it must forward 29
that information to the approval body. 30
(8) Nothing in this section affects the approval body's duty to 31
notify the consent authority of the general terms of its approval. 32
92C Notification of general terms of approval 33
(1) An approval body that has received a development application 34
from a consent authority must give written notice to the consent 35
authority of its decision on the development application: 36
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Amendments Schedule 1
(a) within 40 days after receipt of the copy of the 1
application, except as provided by paragraph (b), and 2
(b) if the integrated development has been publicly notified 3
under section 79 or 79A, within 21 days after: 4
(i) receipt by the approval body of copies of 5
submissions made to the consent authority as a 6
result of the public notification of the 7
application, or 8
(ii) receipt of advice from the consent authority that 9
no submissions were received. 10
(2) If written notice by an approval body is not given within the 11
period determined in accordance with subsection (1) (a) or (b), 12
the approval body is taken, for the purposes of section 91A (5) 13
or 92 (6), to have failed to inform the consent authority whether 14
or not it will grant the approval. 15
(3) If the consent authority determines a development application 16
by refusing to grant consent before the expiration of the period 17
determined in accordance with subsection (1) (a) or (b): 18
(a) the consent authority must notify the approval body as 19
soon as possible after the determination, and 20
(b) this section ceases to apply to the development 21
application. 22
[32] Section 93 Granting and modification of approval by approval body 23
Insert after section 93 (2): 24
(2A) Subsection (2) does not prevent an approval body from 25
granting an approval in terms that are inconsistent with the 26
development consent if: 27
(a) the development consent varies the development 28
application (for example, because of conflicting general 29
terms from another approval body), or 30
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Schedule 1 Amendments
(b) the development consent reflects the general terms of 1
the approval, but is no longer relevant, accurate or 2
appropriate to the proposal (for example, because of a 3
change in the receiving environment, or because the 4
development consent required additional studies or 5
plans which, now completed, have changed the scope or 6
configuration of the proposal). 7
[33] Section 93 (6) 8
Insert after section 93 (5): 9
(6) This section does not apply to an approval of the 10
Director-General of National Parks and Wildlife concerning a 11
relic that was not, immediately before the relevant 12
development application was made, known by the applicant, 13
the consent authority or a public authority to exist on the land 14
to which the development application applies. 15
[34] Section 94B Contributions plans--making 16
Insert after section 94B (1): 17
(1A) A draft contributions plan must be publicly exhibited for a 18
period of not less than 28 days. 19
[35] Section 96 Modification of consents 20
Insert after section 96 (2) (a): 21
(a1) it is satisfied that no prejudice will be caused to any 22
person who objected to the development application the 23
subject of the consent, and 24
[36] Section 96 (2A) 25
Insert after section 96 (2): 26
(2A) A development consent must not be modified under this 27
section if it relates to designated development or development 28
that is required to be notified as if it were designated 29
development unless notice has been given, in accordance with 30
the regulations, to the persons (if any) who made submissions 31
under section 79 in relation to the development application, and 32
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Amendments Schedule 1
the consent authority must consider any further submissions 1
made by any of those persons within the period prescribed by 2
the regulations. 3
[37] Section 96 (3) 4
Insert "and the cumulative impacts of any previous modifications of the 5
consent" after "the application". 6
[38] Section 100 Register of consents and certificates 7
Insert at the end of section 100 (1) (d): 8
, and 9
(e) any submissions (with the consent of the persons 10
making the submissions) made regarding the 11
development application and any application for 12
modification of the consent, and 13
(f) any modifications of consent applications and 14
determinations. 15
[39] Section 109C Part 4A certificates 16
Omit "or" where secondly occurring in section 109C (1) (a) (iii). 17
[40] Section 109C (1) (a) (iv) 18
Omit the subparagraph. 19
[41] Section 109E Principal certifying authorities 20
Omit "except with the approval of the relevant accreditation body" from 21
section 109E (3). 22
Insert instead "unless the accredited certifier so appointed dies, becomes a 23
mentally incapacitated person or becomes bankrupt, applies to take the 24
benefit of any law for the relief of bankrupt or insolvent debtors, 25
compounds with his or her creditors or makes an assignment of his or her 26
remuneration for their benefit". 27
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Environmental Planning and Assessment Amendment (Public
Participation and Environmental Protection) Bill 2000
Schedule 1 Amendments
[42] Section 109L Accredited certifiers may issue notices requiring work to 1
be carried out 2
Insert after section 109L (3): 3
(4) Within 2 working days after the date on which an accredited 4
certifier serves a notice under this section, the accredited 5
certifier must lodge a bond with the council in or for an 6
amount determined by the council. The bond is refundable if it 7
is determined, under section 121K, not to give an order. 8
[43] Section 109S Authorisation of accreditation bodies 9
Insert after section 109S (1): 10
(1A) An authorisation of a professional association remains in force 11
for a maximum period of one year but may be renewed on the 12
application of the professional association. 13
(1B) In making an application for the renewal of its authorisation, a 14
professional association must provide the Minister with an 15
annual report that contains details of: 16
(a) a list of the persons accredited by the professional 17
association, and 18
(b) a record of any complaints made about those persons, 19
and 20
(c) the results of those complaints. 21
The Minister must lay the annual report, or cause it to be laid, 22
before both Houses of Parliament as soon as practicable after 23
it is provided to the Minister. 24
[44] Section 109T Accreditation of accredited certifiers 25
Insert after section 109T (2) (a): 26
(a1) if it is satisfied that the person does not have high 27
standards of integrity and objectivity, or 28
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Environmental Planning and Assessment Amendment (Public
Participation and Environmental Protection) Bill 2000
Amendments Schedule 1
[45] Section 109T (3A) 1
Insert after section 109T (3): 2
(3A) An accreditation of a person remains in force for a maximum 3
period of one year but may be renewed on the application of 4
the person. 5
[46] Section 109U Auditing of accredited certifiers 6
Omit "may" from section 109U (4) (b) and (c) wherever occurring. 7
Insert instead "must". 8
[47] Section 109U (5) 9
Insert after section 109U (4): 10
(5) The Director-General must ensure that at least 50 audits each 11
year are carried out under this section. 12
[48] Section 109Z Decision after investigation of complaint 13
Insert "or the complainant" after "body" in section 109Z (2). 14
[49] Section 109Z (4) (a) 15
Omit "with the consent of the accredited certifier". 16
[50] Section 109ZG Conflicts of interest 17
Omit "200 penalty units" from section 109ZG (1). 18
Insert instead "1,000 penalty units". 19
[51] Section 109ZH False representations 20
Omit "300 penalty units" from section 109ZH (1) and (2) wherever 21
occurring. 22
Insert instead "1,000 penalty units". 23
[52] Section 109ZN Accredited certifiers 24
Omit "100 penalty units" from section 109ZN (1). 25
Insert instead "1,000 penalty units". 26
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Environmental Planning and Assessment Amendment (Public
Participation and Environmental Protection) Bill 2000
Schedule 1 Amendments
[53] Section 110 Definitions 1
Omit paragraph (i) of the definition of activity in section 110 (1). 2
[54] Section 110 (1) 3
Omit paragraph (k) of the definition of activity in section 110 (1). 4
[55] Section 121S Orders affecting heritage items 5
Insert after section 121S (1) (a): 6
(a1) which is listed in the Register of the National Estate 7
kept in pursuance of the Australian Heritage 8
Commission Act 1975 of the Commonwealth, or 9
[56] Section 121S (3) 10
Insert "or the Australian Heritage Commission" after "Heritage Council" 11
wherever occurring. 12
[57] Section 126 Penalties 13
Insert "or, in the case of an offence by an accredited certifier, a penalty not 14
exceeding 300 penalty units" after "units" in section 126 (2). 15
[58] Schedule 6 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Environmental Planning and Assessment Amendment (Public 18
Participation and Environmental Protection) Act 2000 19
Page 24
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