New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

- Made under the Environmental Planning and Assessment Act 1979
- As at 14 July 2017
- Reg 557 of 2000

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   3A.     Exclusion from definition of “development”
   4.      What is designated development?
   5.      Advertised development
   6.      When is public notice given?
   7.      Building Code of Australia
   8.      Notes

   PART 1A - TRANSITIONAL PART 3A PROJECTS

   8A.     Definitions
   8B.     Matters for environmental assessment and Ministerial consideration
   8C.     Time limits for dealing with applications and other matters
   8D.     Rejection of applications if proponent fails to comply with requirements
   8E.     Provisions relating to appeals
   8F.     Owner’s consent or notification
   8G.     Public information about documents relating to projects
   8H.     Fees
   8I.     Enforcement: critical infrastructure
   8J.     Transitional provisions
   8K.     Transitional provision-existing mining leases
   8L.     Transitional provision-objections under Mining Act in relation to Part 3A projects
   8M.     Transitional provisions-development consents under Part 4 of the Act and approvals under Part 5 of the Act
   8N.     Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations
   8O.     Other projects prohibited by environmental planning instruments for which project approval may not be given
   8OA.    Transitional provision-projects or concept plans otherwise prohibited for which approval may be given
   8P.     Surrender of approvals given under Part 3A of the Act or existing use rights

   PART 2 - ENVIRONMENTAL PLANNING INSTRUMENTS

   9.      Joint regional planning panel-eligible relevant planning authority
   10.     Public authorities must concur in proposed reservation of land by LEP
   10A.    Notification when council does not support request to prepare planning proposal
   11.     Fee payable for costs and expenses of studies etc by relevant planning authority
   12.     Continuation of former provisions for making LEPs
   12A.    Operation of 2010 amending Regulation
   13.     Saving of previous threatened species consultation under section 34A
   14.     Saving of actions taken for preparation of SEPP
   15.     REPs deemed to be SEPPs-interpretation
   15A.    Transitional provision relating to affordable housing

   PART 3 - DEVELOPMENT CONTROL PLANS

           Division 1 - Preparation of development control plans by councils

   16.     In what form must a development control plan be prepared?
           17, 17A. (Repealed)

           Division 2 - Public participation

   18.     Draft development control plan must be publicly exhibited
   19.     Copies of draft development control plans to be publicly available
   20.     Who may make submissions about a draft development control plan?

           Division 3 - Approval of development control plans

   21.     Approval of development control plans
   21A.    Approval of development control plans relating to residential apartment development

           Division 4 - Amendment and repeal of development control plans

   22.     How may a development control plan be amended or repealed?
   22A.    Amendment or revocation of development control plan at Minister’s direction
   23.     Procedure for repealing a development control plan by public notice

           Division 5 - Development control plans made by the Secretary

   24.     Application of Part to development control plans made by the Secretary

           Division 6 - Miscellaneous

   25.     Additional information requested by relevant planning authority
   25AA.   Assessment and preparation fees
   25AB.   Councils to provide copies of development control plans to Secretary
   25AC.   Purchase of copies of development control plans
   25AD.   Further transitional provisions: 2005 Amending Act

   PART 4 - DEVELOPMENT CONTRIBUTIONS

           Division 1 - Preliminary

   25A.    Planning authorities

           Division 1A - Planning agreements

   25B.    Form and subject-matter of planning agreements
   25C.    Making, amendment and revocation of agreements
   25D.    Public notice of planning agreements
   25E.    Explanatory note
   25F.    Councils to facilitate public inspection of relevant planning agreements
   25G.    Secretary to facilitate public inspection of relevant planning agreements
   25H.    Other planning authorities to facilitate public inspection of relevant planning agreements

           Division 1B - Development consent contributions

   25I.    Indexation of monetary section 94 contribution-recoupment of costs
   25J.    Section 94A levy-determination of proposed cost of development
   25K.    Section 94A levy-maximum percentage

           Division 1C - Preparation of contributions plans

   26.     In what form must a contributions plan be prepared?
   27.     What particulars must a contributions plan contain?

           Division 2 - Public participation

   28.     Draft contributions plan must be publicly exhibited
   29.     Copies of draft contributions plans to be publicly available
   30.     Who may make submissions about a draft contributions plan?

           Division 3 - Approval of contributions plans

   31.     Approval of contributions plan by council

           Division 4 - Amendment and repeal of contributions plans

   32.     How may a contributions plan be amended or repealed?
   33.     Procedure for repealing a contributions plan by public notice
   33A.    Review of contributions plan

           Division 5 - Accounting

   34.     Councils must maintain contributions register
   35.     Accounting for contributions and levies
   36.     Councils must prepare annual statements

           Division 6 - Public access

   37.     Councils must keep certain records available for public inspection
   38.     Copies of contributions plans to be publicly available

   PART 5 - EXISTING USES

   39.     Definitions
   40.     Object of Part
   41.     Certain development allowed
   42.     Development consent required for enlargement, expansion and intensification of existing uses
   43.     Development consent required for alteration or extension of buildings and works
   44.     Development consent required for rebuilding of buildings and works
   45.     Development consent required for changes of existing uses
   46.     Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
   46A.    (Repealed)

   PART 6 - PROCEDURES RELATING TO DEVELOPMENT APPLICATIONS

           Division 1 - Development applications generally

   47.     Application of Part
   48.     Consent authority to provide development application forms to intending applicants
   49.     Persons who can make development applications
   50.     How must a development application be made?
   50A.    Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land
   51.     Rejection of development applications
   52.     Withdrawal of development applications
   53.     Consent authority may require additional copies of development application and supporting documents
   54.     Consent authority may request additional information
   55.     What is the procedure for amending a development application?
   55A.    Amendments with respect to BASIX commitments
   56.     Extracts of development applications to be publicly available
   57.     (Repealed)

           Division 2 - Development applications for development requiring concurrence

   58.     Application of Division
   59.     Seeking concurrence
   60.     Concurrence authority may require additional information
   61.     Forwarding of submissions to concurrence authorities
   62.     Notification of decision
   63.     Reasons for granting or refusal of concurrence
   64.     Circumstances in which concurrence may be assumed

           Division 3 - Development applications for integrated development

   65.     Application of Division
   66.     Seeking general terms of approval
   67.     Approval body may require additional information
   68.     Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
   69.     Forwarding of submissions to approval bodies
   70.     Notification of general terms of approval

           Division 3A - Special provisions relating to staged development applications

   70A.    Information to be included in staged development applications
   70B.    Staged development applications-residential apartment development

           Division 4 - (Repealed)
           None

           Division 5 - Public participation-designated development

   77.     Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
   78.     What information must a written notice of designated development contain?
   79.     How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
   80.     How is the notice under section 79 (1) (d) published for designated development?
   81.     Forwarding of submissions to Secretary

           Division 6 - Public participation-State significant development

   82.     Application of Division
   83.     Public exhibition period
   84.     Public notice of application
   85.     Content of notice
   85A.    Responding to submissions
   85B.    Documents to be made publicly available

           Division 7 - Public participation-other advertised development

   86.     Application of Division
   87.     How must a development application be publicly notified?
   88.     Who must written notice be given to?
   89.     What information must be contained in a written notice and a published notice?
   90.     Circumstances in which notice requirements may be dispensed with
   91.     Public notification of development application and accompanying information

           Division 8 - Determination of development applications

   92.     Additional matters that consent authority must consider
   92A.    (Repealed)
   93.     Fire safety and other considerations
   94.     Consent authority may require buildings to be upgraded
   94A.    Fire safety and other considerations applying to erection of temporary structures
   95.     Deferred commencement consent
   96.     Imposition of conditions-ancillary aspects of development
   97.     Modification or surrender of development consent or existing use right
   97A.    Fulfilment of BASIX commitments

           Division 8A - Prescribed conditions of development consent

   98.     Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
   98A.    Erection of signs
   98B.    Notification of Home Building Act 1989 requirements
   98C.    Conditions relating to entertainment venues
   98D.    Condition relating to maximum capacity signage
   98E.    Condition relating to shoring and adequacy of adjoining property

           Division 9 - (Repealed)
           None

           Division 10 - Post-determination notifications

   100.    Notice of determination
   101.    Additional particulars with respect to section 94 and 94A conditions
   102.    How soon must a notice of determination be sent?
   103.    Notice under section 81A of the Act of appointment of principal certifying authority
   103A.   Notice under section 81A of the Act of critical stage inspections
   104.    Notice under section 81A of the Act of intention to commence subdivision work or erection of building
   105.    Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development

           Division 11 - Time within which development application procedures to be completed

   106.    Definitions
   107.    First 2 days after development application is lodged
   108.    Days prior to referral of application to other bodies to be disregarded
   109.    Days occurring while consent authority’s request for additional information remains unanswered
   110.    Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
   111.    Days occurring during consultation under National Parks and Wildlife Act 1974
   112.    Consent authority to notify applicant that time has ceased to run
   113.    Applications taken to be refused
   113A.   Public participation: application under section 82A of the Act for review of council’s determination
   113B.   Period after which Crown development applications may be referred to Minister or regional panel

           Division 12 - Development consents-extension, completion and modification

   114.    What is the form for an application for extension of a development consent?
   114A.   (Repealed)
   115.    Application for modification of development consent
   116.    Modification of consent granted by Court
   117.    Modification of consent involving minimal environmental impact
   118.    Applications under sections 96 (2) and 96AA for modification of certain development consents
   119.    Public participation-applications under sections 96 (2) and 96AA for modification of other development consents
   119A.   Special provisions relating to applications under section 96 (2) relating to strategic agricultural land
   120.    Notification of concurrence authorities and approval bodies
   121.    Applications for modifications of development consents to be kept available for public inspection
   122.    Notice of determination of application to modify development consent
   122A.   Effect of failure to determine modification applications
   123.    Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
   123A.   Effect of amendments made by Land and Environment Court Amendment Act 2002

           Division 12A - Additional provisions where regional panel is exercising consent authority functions

   123B.   Application of Division
   123C.   Development applications where land is in 2 or more local government areas
   123D.   Provisions of Act not to apply as if regional panels were councils
   123E.   Procedural matters related to determination of development applications
   123F.   Procedural matters relating to determination of applications to modify consents

           Division 12B - Applications for review under Division 2 of Part 4 of the Act

   123G.   Review of determination of development application
   123H.   Review of decision to reject development application
   123I.   Review of modification decision

           Division 13 - Validity of development consents

   124.    What are the public notification procedures for the purposes of section 101 of the Act?

           Division 14 - Review conditions

   124A.   Application of Division
   124B.   Development for which review condition may be imposed
   124C.   Matters to be included in consent
   124D.   Review procedures

           Division 15 - Calling in development as State significant development

   124E.   Advice of Planning Assessment Commission
   124F.   Calling in existing development applications
   124G.   Secretary’s functions with respect to proposed orders under section 89C (3) of the Act

   PART 7 - PROCEDURES RELATING TO COMPLYING DEVELOPMENT CERTIFICATES

           Division 1 - Applications for complying development certificates

   125.    Application of Part
   126.    How must an application for a complying development certificate be made?
   127.    Council or accredited certifier may require additional information
   128.    Council or accredited certifier to supply application form for complying development certificates
   129.    (Repealed)
   129A.   Amendments with respect to BASIX commitments
   129B.   Restriction on issue of complying development certificate
   129C.   Record of site inspections
   129D.   Council to be notified of significant fire safety issues

           Division 2 - Determination of applications and commencement of complying development

   130AA.  Time limit for determining application for complying development certificate
   130AB.  Requirement to advise of applications for certain complying development certificates
   130.    Procedure for determining application for complying development certificate and notification requirements
   130A.   Copy of particular documents to be given to NSW Rural Fire Service and council
   131.    Development standards for change of building use
   132.    Development standards for building work involving the alteration, enlargement or extension of an existing building
   132A.   (Repealed)
   133.    Development standards for erection of temporary structure
   134.    Form of complying development certificate
   135.    Notice under section 86 of the Act of appointment of principal certifying authority
   135A.   Notice under section 86 of the Act of critical stage inspections
   136.    Notice under section 86 of the Act of intention to commence subdivision work or erection of building

           Division 2A - Conditions of complying development certificate

   136A.   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
   136AB.  Notice to neighbours
   136B.   Erection of signs
   136C.   Notification of Home Building Act 1989 requirements
   136D.   Fulfilment of BASIX commitments
   136E.   Development involving bonded asbestos material and friable asbestos material
           136F, 136G. (Repealed)
   136H.   Condition relating to shoring and adequacy of adjoining property
   136I.   Traffic generating development
   136J.   Development on contaminated land
   136K.   When complying development certificates must be subject to section 85A (9) condition
   136L.   Contributions and levies payable under section 85A (9) must be paid before work commences
   136M.   Condition relating to payment of security
   136N.   Principal certifying authority to be satisfied that preconditions met before commencement of work

           Division 3 - Validity of complying development certificates

   137.    What are the public notification procedures for the purposes of section 101 of the Act?

   PART 8 - CERTIFICATION OF DEVELOPMENT

           Division 1 - Compliance certificates

   138.    Compliance certificate

           Division 2 - Construction certificates

   139.    Applications for construction certificates
   139A.   Withdrawal of application for construction certificate
   140.    Certifying authority may require additional information
   141.    Certifying authority to supply application form for construction certificates
   142.    Procedure for determining application for construction certificate
   143.    Fire protection and structural capacity
   143A.   Special requirements for construction certificates for residential apartment development
   143B.   Restriction on issue of certain construction certificates without inspection
   143C.   Record of site inspections
   144.    Referral of certain plans and specifications to New South Wales Fire Brigades
   144A.   Compliance certificate required for certain fire safety aspects of building work
   145.    Compliance with development consent and Building Code of Australia
   146.    Compliance with conditions of development consent
   146A.   Restriction on issue of construction certificates without compliance with planning agreement
   147.    Form of construction certificate
   148.    Modification of construction certificate

           Division 3 - Occupation certificates

   149.    Applications for occupation certificates
   149A.   Certifying authority may require additional information
   150.    Certifying authorities to supply application form for occupation certificates
   151.    Procedure for determining application for occupation certificate
   152.    Reports of Fire Commissioner: section 109H
   153.    Fire safety certificates: section 109H
   153A.   Compliance certificate required for certain fire safety aspects of building work
   154.    Health, safety, compliance with development consent and other issues: section 109H
   154A.   Special requirements for occupation certificates for residential apartment development
   154B.   Fulfilment of BASIX commitments
   154C.   BASIX completion receipt
   154D.   Lighting affecting observing conditions at Siding Spring Observatory
   155.    Form of occupation certificate
   156.    Occupation and use of new buildings: section 109M (2)

           Division 4 - Subdivision certificates

   157.    Applications for subdivision certificates
   158.    Certifying authority may require additional information
   159.    Certifying authorities to supply application form for subdivision certificates
   160.    Procedure for determining application for subdivision certificate
   160A.   Prescribed persons-subdivision certificates

           Division 5 - General

   161.    Certifying authorities may be satisfied as to certain matters: section 109O
   162.    Notice of replacement of principal certifying authority
   162A.   Critical stage inspections required by section 109E (3) (d)
   162AB.  Critical stage inspections and other matters for certain structures at Ports Botany and Kembla and Port of Newcastle
   162B.   Record of inspections conducted under section 109E (3) of the Act and clauses 162A and 162AB
   162C.   Progress inspection unavoidably missed
   162D.   Council to be notified of significant fire safety issues
   163.    Notice to allow inspections
   164.    No need for duplicate notices
   164A.   BASIX certificates

   PART 9 - FIRE SAFETY AND MATTERS CONCERNING THE BUILDING CODE OF AUSTRALIA

           Division 1 - Preliminary

   165.    Definitions
   166.    Statutory fire safety measures
   167.    Application of Part

           Division 2 - Fire safety schedules

   168.    Fire safety schedules
   168A.   (Repealed)
   168B.   Installation of fire sprinkler systems in certain residential aged care facilities

           Division 3 - Fire safety orders

   169.    Fire safety schedules and fire safety certificates

           Division 4 - Fire safety certificates

   170.    What is a final fire safety certificate?
   171.    Issue of final fire safety certificates
   172.    Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building
   173.    What is an interim fire safety certificate?
   174.    Form of fire safety certificates

           Division 5 - Fire safety statements

   175.    What is an annual fire safety statement?
   176.    Issue of annual fire safety statements
   177.    Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
   178.    What is a supplementary fire safety statement?
   179.    Issue of supplementary fire safety statements
   180.    Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
   181.    Form of fire safety statements

           Division 6 - Fire safety maintenance

   182.    Essential fire safety measures to be maintained

           Division 7 - Miscellaneous fire safety offences

   183.    Fire safety notices
   184.    Fire exits
   185.    Doors relating to fire exits
   186.    Paths of travel to fire exits

           Division 7A - Smoke Alarms

   186A.   Owners of existing buildings and dwellings must ensure smoke alarms are installed
   186AA.  Owners of moveable dwellings must ensure smoke alarms are installed
   186B.   Specifications for smoke alarms
   186C.   Persons must not remove or interfere with smoke alarms
   186D.   No development consent or consent of owners corporation required to install smoke alarms
   186E.   Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
   186F.   Transitional provisions relating to obligations under this Division
   186G.   Transitional provisions relating to obligations under clause 186AA

           Division 7B - Fire sprinklers in certain residential aged care facilities

   186H.   Definitions
   186I.   Application
   186J.   Requirement to install fire sprinkler systems
   186K.   Nominated completion date
   186L.   Postponement of required completion date for installation
   186M.   Fire sprinkler systems to be installed in accordance with the Fire Sprinkler Standard
   186N.   Final occupation certificate to be provided to Implementation Committee
   186O.   Installation of fire sprinkler systems in facilities with 1 March 2016 as nominated completion date
   186P.   Notices relating to residential aged care facilities without fire sprinkler systems
   186Q.   Implementation Committee
   186R.   Applications for complying development certificates and construction certificates for installation of fire sprinkler systems

           Division 8 - Miscellaneous

   187.    Modification and supplementation of Building Code of Australia standards
   188.    Exemption from fire safety standards
   189.    Fire brigades inspection powers
   190.    Offences relating to certain Crown property
   190A.   Complying development certificates and construction certificates for installation of fire sprinkler systems in residential care facilities for seniors

   PART 10 - STATE SIGNIFICANT INFRASTRUCTURE

   191.    Interpretation
   192.    Applications for approval
   193.    Owner’s consent or notification
   193A.   EIS for infrastructure on land within 200km of Siding Spring Observatory
   194.    Minimum exhibition period
   195.    Secretary’s environmental assessment report
   196.    Publicly available documents
   197.    Surrender of approvals or existing use rights
   198.    Erection and occupation of buildings and subdivision of land
           199-205. (Repealed)

   PART 11 - (Repealed)
   None

   PART 12 - ACCREDITATION OF BUILDING PRODUCTS AND SYSTEMS

   224.    Building products and systems certified under CodeMark scheme
   225.    Savings provisions

   PART 13 - DEVELOPMENT BY THE CROWN

   226.    Prescribed persons: section 88
   227.    Technical provisions of the State’s building laws

   PART 13A - SUPPLEMENTARY PROVISIONS FOR DEVELOPMENT REQUIRING CONSENT

   227A.   Signs on development sites

   PART 14 - ENVIRONMENTAL ASSESSMENT UNDER PART 5 OF THE ACT

           Division 1A - Preliminary

   227AA.  Demolition of temporary structure not “activity”

           Division 1 - Circumstances requiring an environmental impact statement

   228.    What factors must be taken into account concerning the impact of an activity on the environment?

           Division 2 - (Repealed)
           None

           Division 3 - Public participation

   233.    What is the form for a section 113 notice?
   234.    In what manner must a section 113 notice be given?
   235.    Where may an environmental impact statement be inspected?

           Division 4 - (Repealed)
           None

           Division 5 - Public participation-modification of Minister’s approval where no environmental impact statement required

   237A.   Application
   238.    Particulars of proposed modification to be publicly exhibited
   239.    Notice to be given of the public exhibition of the proposed modification
   240.    Where may the proposed modification be inspected?
   241.    Period of exhibition of proposed modification
   242.    Representations on proposed modification

           Division 6 - General

   243.    Report to be prepared for activities to which an environmental impact statement relates
   244.    Concurrence or consultation with Chief Executive of the Office of Environment and Heritage

           Division 7 - Fisheries management

   244A.   Definitions
   244B.   Fishing activities and shark meshing
   244C.   (Repealed)

           Division 8 - Special provisions relating to Australian Rail Track Corporation Ltd

   244D.   Definitions
   244E.   Code required for rail infrastructure facilities must be complied with by ARTC
   244F.   Approved Code
           244G, 244H. (Repealed)
   244I.   Existing environmental impact statements and assessments

           Division 9 - Special provisions relating to electricity distributors and transmission operators

   244J.   Definitions
   244K.   Approved Code
   244L.   Procedure for approval of Code

   PART 15 - FEES AND CHARGES

           Division 1A - Fees for transitional Part 3A projects

   245A.   Definitions
   245B.   Determination of fees payable for Part 3A application
   245C.   Payment of fees for Part 3A applications
   245D.   Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
   245E.   Maximum fee-marinas
   245F.   Maximum fee-extractive industries
   245G.   Maximum fee-subdivision of land
   245H.   Additional fee for critical infrastructure projects
   245I.   Additional application fee for making environmental assessment publicly available
   245J.   Additional application fee for planning reform
   245K.   Fee for request for modification of Minister’s approval
   245L.   Fee for review by Planning Assessment Commission
   245M.   Fee for investigation of potential State significant site
   245N.   Meaning of “estimated cost” for determining fee under this Division

           Division 1 - Fees for development applications (other than for State significant development)

   245.    (Renumbered)
   245AA.  (Renumbered)
   246.    Definition
   246A.   What is the maximum fee?
   246B.   Fee for development application
   247.    Fee for dwelling-house-construction cost under $100,000
   248.    Additional fee-residential apartment development
   249.    Maximum fee-subdivision of land
   250.    Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
   251.    Additional fee-designated development
   252.    Additional fees-development requiring advertising
   252A.   Additional fees-development requiring concurrence
   253.    Additional fees-integrated development
   254.    What if two or more fees are applicable to a single development application?
   255.    How is a fee based on estimated cost determined?
   256.    Determination of fees after development applications have been made
   256A.   Proportion of development application fees to be remitted to Secretary
   256B.   Staged development applications

           Division 1AA - Fees for State significant development and State significant infrastructure

   256C.   Definitions
   256D.   Determination of fees payable for application
   256E.   Determination of fees after application is made
   256F.   Maximum fee-buildings, works or demolition (other than marinas or extractive industries)
   256G.   Maximum fee-marinas
   256H.   Maximum fee-extractive industries
   256I.   Maximum fee-subdivision of land
   256J.   Additional fee for critical State significant infrastructure
   256K.   Additional fee for making environmental impact statement publicly available
   256KA.  Additional fee for assessing concept component of staged application
   256L.   Additional fee for planning reform
   256M.   Fees for modifications
   256N.   Fee for public hearing by Planning Assessment Commission
   256O.   Fee for planning proposal with application
   256P.   Meaning of “estimated cost” for determining fee under this Division

           Division 2 - Other fees and charges

   257.    Fee for request for review of determination
   257A.   Fee for review of decision to reject a development application
   258.    Fee for application for modification of consent for local development
   258A.   Fee for review of modification application
   259.    Fee for planning certificate
   260.    Fee for building certificate
   261.    Fee for copy of building certificate
   262.    Fee for certified copy of document, map or plan held by Department or council
   262A.   Fee for site compatibility certificate
   262B.   Fee for BASIX certificate
   262C.   Fee for strategic agricultural land site verification certificate
   263.    Other fees

   PART 16 - REGISTERS AND OTHER RECORDS

   264.    Council to maintain a register of development applications and consents
   265.    Council to maintain a register of complying development applications
   266.    Council to keep certain documents relating to development applications and consents
   267.    Council to keep certain documents relating to complying development certificates
   267A.   Records relating to complaints
   268.    Council to keep certain records available for public inspection

   PART 16A - PROVISIONS ARISING FROM COMMENCEMENT OF LOCAL GOVERNMENT AND ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (TRANSFER OF FUNCTIONS) ACT 2001

   268A.   Development for temporary structures that are entertainment venues
   268B.   (Repealed)

   PART 16B - PLANNING BODIES

           Division 1 - General

   268C.   Definitions
   268D.   General procedure
   268E.   Quorum
   268F.   Presiding member
   268G.   Voting
   268H.   Public meetings
   268I.   Transaction of business outside meetings or by telephone
   268J.   First meeting

           Division 2 - (Repealed)
           None

           Division 3 - Committees

   268L.   Remuneration of committee members
   268M.   Alternate members for committees
   268N.   Minutes of committee meetings
   268NA.  Provision of information by regional panels

           Division 4 - Planning Assessment Commission

   268O.   Definitions
   268P.   Constitution of Commission for particular matters
   268Q.   Public hearings-attendance of witnesses and production of documents
   268R.   Public hearings of Commission
   268S.   Notice of reviews and recommendations relating to development applications
   268T.   Special provisions relating to water approvals
   268U.   Commission may restrict publication of evidence
   268V.   Reports by Commission
   268W.   Information to be provided by Commission

           Division 5 - Independent hearing and assessment panels

   268X.   Information to be provided by councils about independent hearing and assessment panels

   PART 16C - PAPER SUBDIVISIONS

           Division 1 - Preliminary

   268Y.   Interpretation
   268YA.  Subdivision works

           Division 2 - Preparation and notice of proposed development plans

   268Z.   Additional matters to be included in development plans
   268ZA.  Preparation of development plans
   268ZB.  Notice of proposed development plans and consent ballots

           Division 3 - Consent by owners

   268ZC.  Consent ballot to be held
   268ZD.  Voting roll and ballot papers
   268ZE.  Voting
   268ZF.  Safe keeping of ballot papers
   268ZG.  Counting of votes
   268ZH.  Result of ballot
   268ZI.  Retention of ballots

           Division 4 - Adoption and amendment of development plans

   268ZJ.  Adoption of development plans
   268ZK.  Amendment of development plans
   268ZL.  Additional requirements for amendments other than minor amendments

           Division 5 - Miscellaneous

   268ZM.  Contributions by owners
   268ZN.  Powers of entry
   268ZO.  Notice to council of subdivision action
   268ZP.  Reporting requirements for relevant authorities

   PART 17 - MISCELLANEOUS

   269.    Notice of proposal to constitute development area
   270.    Contributions plans for Western Sydney Employment Area
           271-271B. (Repealed)
   272.    Planning for Bush Fire Protection
   273.    Development excluded from application of requirements relating to bush fire prone land
   273A.   Bush fire prone land map
   274.    Release areas under SREP 30
           274A, 274B. (Repealed)
   275.    Development assessment during precinct planning in North West and South West growth centres of Sydney Region
   276.    Growth Centres SEPP-release of precinct for urban development and planning process for the precinct
   277.    Public authorities
   278.    Assessment of loan commitments of councils in development areas
   279.    What matters must be specified in a planning certificate?
   280.    Application for building certificate
   281.    Form of building certificate
   281A.   Notice of orders under Division 2A of Part 6 of the Act
   281B.   Form of compliance cost notices
   281C.   Compliance cost notices-maximum amounts that may be required to be paid
   282.    Secretary may certify certain documents
   283.    (Repealed)
   284.    Penalty notice offences
   285.    Enforcement of orders by cessation of utilities
   285A.   Modification of Part 8.3 of the Protection of the Environment Operations Act 1997
   285B.   Provision of false or misleading information in connection with a planning matter
   286.    Repeal, savings and transitional
   286A.   Savings and transitional provisions: staged introduction of scheme
   286AA.  Savings and transitional provision: introduction of BASIX completion receipt
   286B.   Savings and transitional provision: changes to development contributions scheme
   286C.   Transitional-species impact statements and determination of significant effect
   286D.   Savings and transitional provisions: existing uses
   287.    Special provisions relating to ski resort areas
   288.    Special provision relating to Sydney Opera House
   288A.   Special provision for major events
   289.    Miscellaneous savings and transitional provisions: 2005 Amending Act
   289A.   Transitional provisions relating to development control plans
   290.    Savings and transitional provision: references to “comprehensive development applications   291.    Savings and transitional provisions
   291A.   Transitional provisions relating to Part 4A certificates and planning agreements
   291B.   Savings and transitional provision-abolition of Wagga Wagga Interim Joint Planning Panel
   292.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7


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