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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 49 Persons who can make development applications

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 49

Persons who can make development applications

49 Persons who can make development applications

(cf clause 46 of EP[#38]A Regulation 1994)

(1) A development application may be made--
(a) by the owner of the land to which the development application relates, or
(b) by any other person, with the consent of the owner of that land.
(2) The consent of the owner of the land is not required for a development application made by a public authority, or for a development application for public notification development, if the applicant instead gives notice of the application--
(a) to the owner of the land before the application is made, or
(b) by publishing a notice no later than 14 days after the application is made--
(i) in a newspaper circulating in the area in which the development is to be carried out, and
(ii) in the case of an application made by a public authority, on the public authority's website, or, in the case of public notification development, on the NSW planning portal.
(3) Despite subclause (1), a development application made by a lessee of Crown land may only be made with the consent given by or on behalf of the Crown.
(3A) Despite subclause (1), a development application made in respect of land owned by a Local Aboriginal Land Council may be made by a person referred to in that subclause only with the consent of the New South Wales Aboriginal Land Council.
(4) Subclause (3) does not require the consent of the Crown if the development application is for State significant development made by a public authority or public notification development.
(4A) The consent of an owner or other person under this clause is not required to be in writing.
(5) In this clause--


"public authority" includes an irrigation corporation within the meaning of the Water Management Act 2000 that the Minister administering that Act has, by order in writing, declared to have the status of a public authority for the purposes of this clause in relation to development of a kind specified in the order.


"public notification development" means--
(i) State significant development set out in clause 5 (Mining) or 6 (Petroleum (oil and gas)) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011 but it does not include development to the extent that it is carried out on land that is a state conservation area reserved under the National Parks and Wildlife Act 1974 , or
(ii) State significant development on land with multiple owners designated by the Planning Secretary for the purposes of this clause by notice in writing to the applicant for the State significant development.