New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 23D

23D Functions of Commission

(1) The Commission has the following functions:

(a) to determine applications for the approval of projects and concept plans under Part 3A, if those matters are delegated to it by the Minister,

(b) if requested to do so by the Minister:

(i) to advise the Minister as to planning or development matters, environmental planning instruments or the administration or implementation of the provisions of this Act, or any related matter, and

(ii) to review any aspect of a project, or a concept plan, under Part 3A, and

(iii) to review all or any of the environmental aspects of proposed development the subject of a development application (whether or not it is designated development), or a part of any such proposed development, and

(iv) to review all or any of the environmental aspects of an activity referred to in section 112 (1), or of a part of any such activity, and

(v) to review a proposal to constitute, alter or abolish a development area under section 132 or 133,

(c) any function of a regional panel, an independent hearing and assessment panel or a planning assessment panel conferred on it by order in writing by the Minister,

(d) if a regional panel has not been appointed for any part of the State, any function that is conferred on a regional panel under an environmental planning instrument applicable to that part or that is otherwise conferred on a regional panel under this Act.

(2) For the purposes of subsection (1) (c) and (d), the Commission has all the functions of the panel concerned.

(3) The Commission cannot employ any staff.

Note: Staff to enable the Commission to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.

(4) However, the Commission may:

(a) arrange, with the approval of the Director-General, for the use of the services of any staff (by secondment or otherwise) or facilities of a Division of the Government Service or a public authority, and

(b) with the approval of the Director-General, engage such consultants as it requires to exercise its functions.