New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 72

72 Determination of applications by the Crown

(1) A council, in respect of an application for approval made by the Crown or a person prescribed by the regulations, must not:

(a) refuse to grant approval, except with the written consent of the Minister, or

(b) impose a condition of an approval, except with the written consent of the Minister or the applicant.

(2) If the council proposes to refuse to grant approval or to impose a condition of approval, it must immediately notify the applicant.

(3) After the applicant is so notified, the council must submit to the Minister:

(a) a copy of the application for approval, and

(b) details of its proposed determination of the application, and

(c) the reasons for the proposed determination, and

(d) any relevant reports of another public authority.

(4) The applicant may refer the application to the Minister whether or not the council complies with subsection (3).

(5) After receiving the application from the council or the applicant, the Minister must notify the council and the applicant of:

(a) the Minister’s consent to the refusal of approval, or

(b) the Minister’s consent to the imposition of the council’s proposed conditions, or

(c) the Minister’s intention not to agree with the council’s proposed refusal and the period within which the council may submit any conditions it wishes to impose as conditions of approval, or

(d) the Minister’s refusal to agree with the council’s proposed conditions and any conditions to which the Minister’s consent may be assumed.

(6) At the end of the period specified in subsection (5) (c), the Minister must notify the council and the applicant:

(a) whether the Minister consents to the imposition of any of the conditions submitted by the council during that period and, if so, which conditions, or

(b) of the conditions to which the Minister’s consent may be assumed.

(7) The Minister must notify the council and the applicant of the reasons for a decision under subsection (5) or (6).

(8) If the council does not determine the application within the period notified by the Minister for the purpose, the council is taken, on the expiration of that period, to have determined the application in accordance with the Minister’s consent.