New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 124A

124A Special provision where development consent tainted by corruption

(1) For the purposes of this section, a decision of a consent authority to grant or modify a development consent is tainted by corrupt conduct:

(a) if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the suspension of the development consent or modification with a view to its revocation because of serious corrupt conduct by the consent authority or by a councillor or other officer or member of staff of the consent authority in connection with the grant of the consent or modification, or

(b) if criminal proceedings are instituted against the consent authority or against a councillor or other officer or member of staff of the consent authority for serious corrupt conduct in connection with the grant of the consent or modification, or

(c) if the consent authority, councillor or other officer or member of staff makes an admission of such serious corrupt conduct.

(2) A breach of this Act that may be remedied or restrained in proceedings instituted under this Division includes a decision of a consent authority to grant or modify a development consent that is tainted by corrupt conduct.

(3) If a decision of a consent authority to grant or modify a development consent is tainted by corrupt conduct, the Minister may, without prior notice or inquiry, suspend the decision pending the institution and determination of proceedings under this Division in respect of the decision. The Minister is to give the consent authority and the applicant for the grant or modification of the development consent written notice of the suspension as soon as practicable after it is imposed.

(4) A suspension imposed by the Minister may be lifted by the Minister at any time and is taken to be lifted if the proceedings concerned are not instituted within 6 months after the suspension is imposed.

(5) The Court may, in proceedings to which this section applies, suspend the decision of a consent authority to grant or modify a development consent pending the determination of the proceedings. The Court may lift a suspension imposed by the Minister under this section.

(6) The Court may, in proceedings to which this section applies, revoke the decision of a consent authority to grant or modify a development consent if:

(a) the decision is tainted by corrupt conduct, and

(b) the Court is satisfied that the revocation of the decision will not significantly disadvantage any person affected by the decision who was not a party to the corrupt conduct.

The Court retains its discretion in proceedings to which this section applies as to whether to revoke a decision that is tainted by corrupt conduct.

(7) A development consent for the erection of a building, the carrying out of a work or the demolition of a building or work (or a modification of any such consent) is not to be suspended or revoked under this section if the building, work or demolition authorised by the consent (or by the modification) has been substantially commenced.

(8) Section 101 does not apply to proceedings to which this section applies.

(9) Compensation is not payable by the Minister or the State for any loss suffered by a person because:

(a) a decision is suspended under this section (whether or not the Court decides to revoke the decision), or

(b) a decision is revoked under this section.

(10) This section applies:

(a) to decisions made by a consent authority before or after the commencement of this section, and

(b) to serious corrupt conduct, and to criminal proceedings instituted or admissions made in respect of serious corrupt conduct, before or after that commencement.

(11) In this section:
"serious corrupt conduct" means corrupt conduct (within the meaning of the Independent Commission Against Corruption Act 1988 ) that may constitute a serious indictable offence.