New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.47

4.47 Development that is integrated development

(cf previous s 91A)

(1) This section applies to the determination of a development application for development that is integrated development.

(2) Before granting development consent to an application for consent to carry out the development, the consent authority must, in accordance with the regulations, obtain from each relevant approval body the general terms of any approval proposed to be granted by the approval body in relation to the development. Nothing in this section requires the consent authority to obtain the general terms of any such approval if the consent authority determines to refuse to grant development consent.

(3) A consent granted by the consent authority must be consistent with the general terms of any approval proposed to be granted by the approval body in relation to the development and of which the consent authority is informed. For the purposes of this Part, the consent authority is taken to have power under this Act to impose any condition that the approval body could impose as a condition of its approval.

(4) If the approval body informs the consent authority that it will not grant an approval that is required in order for the development to be lawfully carried out, the consent authority must refuse consent to the application.

(4A) The Planning Secretary may act on behalf of an approval body for the purposes of informing the consent authority under this section whether or not the approval body will grant the approval, or of the general terms of its approval, if--

(a) the Planning Secretary is authorised to do so by the regulations because of the failure of the approval body to do so or because of an inconsistency in the general terms of approval of 2 or more approval bodies, and

(b) the Planning Secretary has taken into consideration assessment requirements prescribed by the regulations as State assessment requirements.

The decision of the Planning Secretary is taken, for the purposes of this Division, to be the decision of the approval body, unless the approval body has informed the consent authority of its own decision on the matter.

(5) If the approval body and the Planning Secretary fail to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of its approval--

(a) the consent authority may determine the development application, and

(b) if the consent authority determines the development application by granting consent--

(i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and

(ii) an approval granted by the approval body must not be inconsistent with the development consent, and

(iii) section 4.50 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority,

despite any other Act or law.

Note : Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991 , a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.

(6) If a development application is determined, whether or not by the granting of development consent, the consent authority must notify all relevant approval bodies of the determination.

Note : If a dispute arises under this section between a consent authority and an approval body, the dispute may be dealt with under section 10.2.