New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 8.3

Application for and conduct of review

8.3 Application for and conduct of review

(cf previous ss 82A(2)-(4) (6), 82B(2)-(4))

(1) An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division.
(2) A determination or decision cannot be reviewed under this Division--
(a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or
(b) after the Court has disposed of an appeal against the determination or decision.
(3) In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development.
(4) The review of a determination or decision made by a delegate of a council is to be conducted--
(a) by the council (unless the determination or decision may be made only by a local planning panel or delegate of the council), or
(b) by another delegate of the council who is not subordinate to the delegate who made the determination or decision.
(5) The review of a determination or decision made by a local planning panel is also to be conducted by the panel.
(6) The review of a determination or decision made by a council is to be conducted by the council and not by a delegate of the council.
(7) The review of a determination or decision made by a Sydney district or regional planning panel is also to be conducted by the panel.
(8) The review of a determination or decision made by the Independent Planning Commission is also to be conducted by the Commission.
(9) The review of a determination or decision made by a delegate of the Minister (other than the Independent Planning Commission) is to be conducted by the Independent Planning Commission or by another delegate of the Minister who is not subordinate to the delegate who made the determination or decision.



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