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Assessment Legislation Amendment
Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a)
to limit the mandatory requirements to be complied with as regards
ministerial development consents, and
(b)
to provide a scheme by which ministerial development consents can, if
they are challenged in proceedings before the Land and Environment
Court, be validated on compliance with terms determined by the Court.
Development consents granted by the Minister for Urban Affairs and
Planning, generally relate to projects of State significance.
* Amended in committee--see table at end of volume.
Clause 2 provides for the proposed Act to commence on a day or days to be
proclaimed.
Clauses 3 and 4 are formal provisions giving effect to the Schedules of
amendments.
Schedule 1
Amendment of Environmental Planning and
Assessment Act 1979
Schedule
l [l] amends section 4 to insert a definition of advertised
development. The definition is used in proposed section 104B, which
prescribes the mandatory requirements to be observed in connection with
designated development and advertised development.
Schedule 1 [2] inserts sections 104B, 104C and 104D.
Proposed section 104B limits the mandatory requirements to be complied
with as regards ministerial development consents to those relating to the
period during which development applications for designated development or
advertised development must be publicly exhibited.
Proposed section 104C empowers the regrant of ministerial development
consents in conformity with terms specified by the Land and Environment
Court.
Proposed section 104D makes it clear that an appeal does not lie against a
validated or regranted development consent, and states that a validated
consent is effective from the date of the original grant and that a regranted
development consent is effective from the date it is declared to be validly
regranted.
Schedule
[3] amends section 124 to make it clear that the provisions
relating to orders that can be made by the Land and Environment Court do
not limit the new powers proposed to be conferred on the Court.
Explanatory note page 2
Schedule 2
Amendment of Land and Environment Court
Act 1979
The Schedule inserts Division 3 into Part 3 of the Act. The proposed Division
empowers the Land and Environment Court to make orders suspending a
ministerial development consent and specifying terms that, if complied with,
will ensure the validity of the consent, either in its current form or in a
different form following its regrant. The Court is under a duty to consider
making such an order instead of declaring the consent to be invalid.
Explanatory note page 3