New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 78A

78A Application

(1) A person may, subject to the regulations, apply to a consent authority for consent to carry out development.

(2) A single application may be made in respect of one or more of the types of development referred to in paragraphs (a)-(f) of the definition of "development" in section 4 (1).

(3) If the consent authority is a council, a person (other than the Crown or a person acting on behalf of the Crown) may, in the same development application, apply for development consent and approval for anything that requires approval under the following provisions of the Table to section 68 of the Local Government Act 1993 , namely:

paragraph 1 of Part A

paragraph 1-6 of Part B

paragraph 1-5 of Part C

paragraph 1 of Part E

paragraph 1-5 or 10 of Part F.

(4) In determining a development application to which subsection (3) applies, the council may apply any of the provisions of or under the Local Government Act 1993 that it could apply if the development application were an application under that Act for the relevant approval. In particular, if development consent is granted, the council may impose a condition that is authorised under that Act to be imposed as a condition of an approval.

(5) If development consent is granted to a development application to which subsection (3) applies, the council is taken to have granted the relevant approval under the Local Government Act 1993 that authorises the activity, but that Act has no application to the approval so taken to have been granted.

(6) In granting development consent to a development application to which subsection (3) applies, the council may, without limiting any other condition it may impose, impose, in relation to the approval taken to have been granted under the Local Government Act 1993 , either or both of the following conditions:

(a) a condition that the approval is granted only to the applicant and does not attach to or run with the land to which it applies,

(b) a condition that the approval is granted for a specified time.

(7) A development application cannot be made in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ) unless any consent to the development required under that Act has been obtained.

(8) A development application (other than an application in respect of State significant development) must be accompanied by:

(a) if the application is in respect of designated development-an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations, or

(b) if the application is in respect of development on land that is, or is a part of, critical habitat or is likely to significantly affect threatened species, populations or ecological communities, or their habitats-a species impact statement prepared in accordance with Division 2 of Part 6 of the Threatened Species Conservation Act 1995 .

Note: Part 7A of the Threatened Species Conservation Act 1995 provides for certain circumstances in which development is taken not to significantly affect threatened species, populations or ecological communities, or their habitats.

(8A) A development application for State significant development is to be accompanied by an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations.

(9) The regulations may specify other things that are required to be submitted with a development application.