New South Wales Consolidated Acts
[Search this Act]
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 56
56 Gateway determination
(1) After preparing a planning proposal, the relevant planning authority may
forward it to the Minister.
(2) After a review of the planning proposal, the
Minister is to determine the following:
(a) whether the matter should proceed
(with or without variation),
(b) whether the matter should be resubmitted for
any reason (including for further studies or other information, or for the
revision of the planning proposal),
(c) community consultation required
before consideration is given to the making of the proposed instrument (
"the community consultation requirements" ),
(d) any consultation required
with State or Commonwealth public authorities that will or may be adversely
affected by the proposed instrument,
(e) whether a public hearing is to be
held into the matter by the Planning Assessment Commission or other specified
person or body,
(f) the times within which the various stages of the
procedure for the making of the proposed instrument are to be completed.
A determination of the community consultation requirements includes a
determination under section 73A (or other provision of this Act) that the
matter does not require community consultation.
(4) The regulations may
provide for the categorisation of planning proposals for the purposes of this
section, and may prescribe standard community consultation requirements for
each such category.
(5) The Minister may arrange for the review of a planning
proposal (or part of a planning proposal) under this section to be conducted
by, or with the assistance of, the Planning Assessment Commission or a
joint regional planning panel:
(a) if there has been any delay in the matter
being finalised, or
(b) if for any other reason the Minister considers it
appropriate to do so.
(6) The relevant planning authority may, at any time,
forward a revised planning proposal to the Minister.
(7) The Minister may, at
any time, alter a determination made under this section.
(8) A failure to
comply with a requirement of a determination under this section in relation to
a proposed instrument does not prevent the instrument from being made or
invalidate the instrument once it is made. However, if community consultation
is required under section 57, the instrument is not to be made unless the
community has been given an opportunity to make submissions and the
submissions have been considered under that section.
AustLII: Copyright Policy