New South Wales Consolidated Acts
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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 34A
Consultation with Director-General of National Parks and Wildlife about preparation of studies or instruments
34A Consultation with Director-General of National Parks and Wildlife about
preparation of studies or instruments
(1) The Director-General of the Department of Urban Affairs and Planning must
consult with the Director-General of National Parks and Wildlife before
preparing: (a) a draft State environmental planning policy, or
(b) an
environmental study or a draft regional environmental plan,
if, in the opinion
of the Director-General of the Department of Urban Affairs and Planning,
critical habitat or threatened species, populations or ecological communities,
or their habitats, will or may be affected by the draft policy, environmental
study or draft plan.
(2) A council must consult with the Director-General of
National Parks and Wildlife before preparing: (a) an environmental study, or
(b) a draft local environmental plan,
if, in the opinion of the council,
critical habitat or threatened species, populations or ecological communities,
or their habitats, will or may be affected by the environmental study or draft
plan.
(3) For the purpose of the consultation, the Director-General of the
Department of Urban Affairs and Planning or the council must provide the
following information to the Director-General of National Parks and Wildlife:
(a) the reasons for deciding to prepare the draft
environmental planning instrument or the environmental study,
(b) the
proposed aims, objectives, policies and strategies whereby the draft
instrument is designed to achieve any of the objects of this Act,
(c) a
description of the land to which the draft instrument or the study is intended
to apply,
(d) the types of matters to be dealt with in the draft instrument
or the study.
(4) For the purposes of the consultation, the Director-General
of the Department of Urban Affairs and Planning or the council may provide any
other information that, in the Director-General’s or council’s opinion,
would assist in understanding the draft environmental planning instrument or
the environmental study.
(5) The Director-General of National Parks and
Wildlife may comment to the Director-General of the Department of Urban
Affairs and Planning or the council on the preparation of the draft
environmental planning instrument or the environmental study within 40 days
after the information required to be provided under subsection (3) is
provided.
(6) The consultation required by this section is completed when the
Director-General of the Department of Urban Affairs and Planning or the
council has considered any comments so made.
Note: Section 5C provides that a
reference to the Director-General of National Parks and Wildlife, in
connection with the Threatened Species Conservation Act 1995 , is taken, in
the case of threatened species, populations or ecological communities of fish
or marine vegetation, to be a reference to the Director of NSW Fisheries.
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