New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 105

105 Regulations-Part 4

(1) In addition to any other matters for or with respect to which regulations may be made for the purposes of this Part, the regulations may make provision for or with respect to the following:

(a) any matter that is necessary or convenient to be done before making a development application,

(b) the persons who may make development applications,

(c) the making, consideration and determination of development applications that are made by or on behalf of the Crown, public authorities and persons prescribed by the regulations,

(c1) requiring the New South Wales Aboriginal Land Council to consent to applications for the modification of development consents relating to land owned by Local Aboriginal Land Councils,

(d) the form of development applications,

(e) the documents and information required to accompany development applications, including documents that will assist the consent authority in assessing the environmental effects of development,

(f) the fees for development applications,

(g) the notification and advertising of development applications (and proposed development),

(h) the form and contents of notices of development applications, the manner of giving notices and the persons to whom notices are to be given,

(i) the requirement for consultation with, or obtaining the concurrence of, the Director-General, public authorities and other persons concerning proposed development,

(j) the preparation, contents, form and submission of environmental impact statements and statements of environmental effects,

(k) the documents and information required to accompany statements of environmental effects and environmental impact statements,

(l) the making of submissions, by way of objection or otherwise, with respect to proposed development and the consideration of submissions,

(m) the holding of inquiries into proposed development,

(n) procedures concerning complying development, advertised development and designated development,

(n1) authorising a consent authority or council to impose a fee with respect to the lodging of any complying development certificate with it, whether pursuant to a requirement made by or under this Act or otherwise,

(o) procedures concerning integrated development,

(p) notifications and notices for the purposes of sections 81A and 86,

(p1) procedural matters in relation to the review, under section 82A, of determinations,

(q) the modification of development consents, including the fees for applications for modification,

(r) the periods within which specified aspects of the environmental planning control process must be completed and the variation of those periods,

(s) the effect of a failure to comply with any requirement of the regulations,

(t) the notification of applicants and persons making submissions (including by way of objection) of the determination of development applications, reasons for the determinations and any rights of appeal.

(2) The regulations may provide that an applicant who is not entitled to copyright in a document forming part of or accompanying the development application or the application for a complying development certificate is taken to have indemnified all persons using the application and document in accordance with this Act against any claim or action in respect of breach of copyright.

(3) The regulations may provide for the accreditation of building products and systems, including the following:

(a) applications for accreditation,

(b) the determination of applications for accreditation,

(c) revocation of accreditation,

(d) extension or renewal of accreditation,

(e) the adoption, application or incorporation (whether with or without modification) of a scheme of accreditation (however described) of building products and systems,

(f) the notification of consent authorities of information concerning accreditation (including accreditation referred to in paragraph (e)).

(4) The regulations may provide for the adoption and application of the Building Code of Australia .

(5) The regulations may make provision for or with respect to the remission of part of the fees for development applications to the Director-General for payment, in accordance with subsection (6), into the Building Professionals Board Fund established under the Building Professionals Act 2005 .

(6) The Director-General is to pay into the Building Professionals Board Fund established under the Building Professionals Act 2005 such part of the fees for development applications remitted to the Director-General:

(a) as may be provided for in the regulations, or

(b) subject to the regulations (if any), as the Minister directs to be paid into the Fund.