New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 59

Seeking concurrence

59 Seeking concurrence

(cf clause 49A of EP[#38]A Regulation 1994)

(1) After it receives a development application for development requiring concurrence, the consent authority--
(a) must forward a copy of the application (together with all accompanying documentation) to the concurrence authority whose concurrence is required, and
(b) must notify the concurrence authority in writing of the basis on which its concurrence is required and of the date of receipt of the development application, and
(c) if known at that time, must notify the concurrence authority in writing of the dates of the relevant submission period or periods if the application is to be publicly notified under Schedule 1 to the Act.
(2) The development application must be forwarded to the relevant concurrence authority within 14 days after the application is lodged, except as otherwise provided by this clause.
(3) If the concurrence of the Environment Agency Head may be required under Part 7 of the Biodiversity Conservation Act 2016 because the development application indicates on its face that a discount is being sought in the biodiversity credits required under the report to be retired--
(a) the development application must be forwarded to the Environment Agency Head within 10 days (instead of 14 days) after the application is lodged, and
(b) the consent authority must notify the Environment Agency Head within 30 days after the application is lodged whether it proposes to reduce the number of biodiversity credits required to be retired and, if it proposes to do so, the amount of (and reasons for) the reduction, as referred to in section 7.13(4) of the Biodiversity Conservation Act 2016 .
If concurrence is required because the consent authority proposes to reduce the number of biodiversity credits, the reference in clause 62(1)(a) to notice to the consent authority of the decision of the Environment Agency Head being given within 40 days after the receipt of the application by the Environment Agency Head is to be construed as a reference to notice being given within 50 days after the application is lodged.
(4) If the Planning Secretary has made an election under State Environmental Planning Policy (Concurrences) 2018 in relation to development, the consent authority must forward the development application concerned to the Planning Secretary as soon as possible after receiving notice of the election.



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