Environmental Planning and
Assessment Amendment
(Development Consents) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Environmental Planning and Assessment
Act 1979 and the Environmental Planning and Assessment Regulation 2000:

(a) to enable the Minister for Infrastructure and Planning to extend the period
within which work must be commenced before development consent for
certain State significant development lapses, and

(b) to provide for the voluntary surrender of development consents.

The Bill also makes some related minor amendments to the Environmental
Planning and Assessment Act 1979.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the
Environmental Planning and Assessment Act 1979 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Environmental Planning and Assessment Regulation 2000 set out in Schedule 2.

Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979
Extension of lapsing period for consent for State significant
development
Schedule 1 [3] inserts proposed section 95B into the Principal Act. The
proposed section will enable an applicant or any other person entitled to act on
a development consent for State significant development other than staged
development to apply to the Minister for Infrastructure and Planning for one or
more extensions (not exceeding 3 years in total) of the 5 year period in which the
consent will lapse if building, engineering or construction work or use of the
land to which the consent applies has not commenced (the lapsing period). An
application must be made within 12 months before the lapsing period (or lapsing
period as previously extended under the proposed section) lapses.The Minister
will be able to grant an extension if satisfied that the development consent may
lapse because there is, has been or may be, delay in physically commencing
building, engineering or construction work, or use, of all or part of the land that
arises from or is related to one or more relevant legal proceedings (as defined in
the proposed section) and that there is otherwise good cause. An extension may
be for a period commensurate with the period of the delay but must not extend
the lapsing period to more than 8 years from the date from which the consent
operates.

Schedule 2 [3] makes a consequential amendment to insert proposed clause
114A into the Environmental Planning and Assessment Regulation 2000 to
require an application for an extension of the lapsing period to be in writing and
to contain certain information.

Voluntary surrender of development consents
Schedule 1 [4] inserts proposed section 104A into the Principal Act to enable a
development consent to be voluntarily surrendered (subject to and in accordance
with the regulations) by any person entitled to act on the consent. A development
consent may be surrendered even if, on the making of an appeal under section
97 or 98 of the Act, it has ceased to be or does not become effective under
section 83 (2). (In such circumstances, the Land and Environment Court may
make such orders as it considers appropriate under section 23 of the Land and
Environment Court Act 1979). Schedule 2 [1] and [2] amend clause 97 of the
Environmental Planning and Assessment Regulation 2000 to require a notice of
surrender setting out certain specified information to be given to the consent
authority and to state when a surrender has effect. If development has
commenced to be carried out, a surrender will have effect only if the consent
authority determines that any condition of the consent, or any agreement with the
consent authority relating to the consent, that is relevant to so much of the
development as has been carried out has been complied with and that the
surrender will not have an adverse impact on any third party or the locality.

Savings, transitional and other provisions
Schedule 1 [5] amends Schedule 6 to the Principal Act to enable the making of
regulations of a savings and transitional nature as a consequence of the
enactment of the proposed Act.

Schedule 1 [6] inserts proposed clauses 64 and 65 into Schedule 6 to the
Principal Act to make it clear that proposed sections 95B and 104A,
respectively, extend to certain development consents granted and applications
made before the commencement of the proposed sections. The development
consents concerned extend to those granted as a result of savings and transitional
regulations made as a consequence of the enactment of the Environmental
Planning and Assessment Amendment Act 1997 (which commenced on 1 July
1998).

Related amendments
Schedule 1 [1] and [2] amend section 95 of the Principal Act to make it clear
that the power to vary the lapsing periods for development consents under that
section is limited to reduction of the periods referred to in that section.

Schedule 2 Consequential amendment of
Environmental Planning and Assessment
Regulation 2000
Schedule 2 contains the amendments described above to the Environmental
Planning and Assessment Regulation 2000.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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