New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 118

118 Appointment of planning administrator, planning assessment panel or regional panel

(1) The Minister may appoint a planning administrator, a planning assessment panel or a regional panel (or all of them) to exercise functions of a council if:

(a) the Minister is of the opinion that the council has failed to comply with its obligations under the planning legislation, or

(b) the Minister is of the opinion that the performance of a council in dealing with planning and development matters (or any particular class of such matters) is unsatisfactory because of the manner in which the council has dealt with those matters, the time taken or in any other respect, or

(c) the council agrees to the appointment, or

(d) a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 recommends that consideration be given to the appointment because of serious corrupt conduct by any of the councillors in connection with the exercise or purported exercise of functions conferred or imposed on the council by or under this Act.

(2) A planning administrator may be appointed to exercise all or any particular function or class of functions of the council under this Act.

(3) A planning assessment panel or regional panel may be appointed to exercise only all or any particular function or class of functions of the council:

(a) as a consent authority, or

(b) in relation to making of environmental planning instruments under Part 3, or under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993 , or

(c) in relation to the preparation, making and approval of development control plans, or

(d) in relation to the preparation and approval of contributions plans.

(4) A planning assessment panel or regional panel may not exercise the functions of a council for a continuous period of more than 5 years.

(5) If a planning assessment panel exercises the functions of a council for a continuous period of more than 2 years, the Minister is, as soon as practicable after 2 years after the date on which the planning assessment panel was appointed, to conduct a review of the appointment and functions of the planning assessment panel.

(6) A review under subsection (5) is to be conducted by the Minister in consultation with the Minister for Local Government, the Local Government and Shires Associations of New South Wales and any other industry organisation that the Minister considers to be relevant.

(7) A planning administrator or planning assessment panel is to be appointed by order of the Minister published in the Gazette or on the NSW legislation website.

(7A) Functions are to be conferred on a regional panel under this section by order of the Minister published in the Gazette or on the NSW legislation website.

(7B) Before appointing a planning administrator or planning assessment panel, or conferring functions under this section on a regional panel, the Minister must notify the council concerned in writing of the proposed action (including the reasons for the proposed action) and request the council to show cause why the action should not be taken.

(7C) The Minister must consider any written submissions made by the council within 21 days of notice being given under subsection (7B) and must not take action under this section earlier than 21 days after the notice is given.

(8) Before appointing a planning administrator or a planning assessment panel, or conferring functions on a regional panel under this section, the Minister is to obtain the concurrence of the Minister for Local Government.

(9) The Minister may appoint a planning administrator or a planning assessment panel, or confer functions on a regional panel under this section, for a reason set out in subsection (1) (b) only if the Minister has, by order published in the Gazette or on the NSW legislation website, provided heads of consideration for the exercise of power under subsection (1) (b), and has taken any of those heads of consideration that are relevant into account.

Note: For orders under this subsection, see the Historical notes at the end of this Act.

(10) The Minister may take action under this section in the circumstances specified in subsection (1) (d) without conducting an inquiry but, in that case, the Minister is to inquire into the matter as soon as practicable with a view to confirming or revoking the appointment.

(11) The Minister must, as soon as reasonably practicable after appointing a planning administrator or a planning assessment panel, or conferring functions on a regional panel under this section, make the reasons for that appointment publicly available.

(12) In this section:
"failure to comply with obligations under the planning legislation" includes:

(a) a failure to carry into effect or enforce the provisions of this Act, an environmental planning instrument or a direction under section 55, 94E or 117, or

(b) a failure to comply with the requirements of the staged repeal program under section 33B with respect to the preparation or making of a replacement local environmental plan, or

(c) without limiting paragraph (a), a failure to comply with a determination under section 56, or

(d) without limiting paragraph (a), a failure to provide access to and the use of staff and facilities to the Planning Assessment Commission or a regional panel as referred to in section 23N (1).

"serious corrupt conduct" means corrupt conduct (within the meaning of the Independent Commission Against Corruption Act 1988 ) that may constitute a serious indictable offence, being conduct in connection with the exercise or purported exercise of the functions of a councillor.