New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 70AA

Planning Secretary may act on behalf of approval body

70AA Planning Secretary may act on behalf of approval body

(1) The Planning Secretary is authorised to act on behalf of an approval body as referred to in section 4.47(4A) of the Act where--
(a) the approval body has failed to inform the consent authority under section 4.47 of the Act, within the GTA assessment period, whether or not the approval body will grant the approval or of the general terms of its approval, or
(b) there is an inconsistency that has been identified by the consent authority in the general terms of approval of 2 or more approval bodies (being an inconsistency in which it would not be possible for a general term of approval of an approval body to be complied with without breaching a general term of approval of another approval body).
(2) The
"GTA assessment period" is the period of 21 or 40 days, as the case may be, prescribed by clause 70(1) as the period within which the approval body must notify its decision to the consent authority.
Note : This period may be extended by operation of Division 11.
(3) As soon as practicable after deciding to act on behalf of an approval body as referred to in section 4.47(4A) of the Act, the Planning Secretary must give written notice to the consent authority and approval body or bodies of that decision.
(4) For the purposes of section 4.47(4A)(b) of the Act, the assessment requirements set out in the Secretary's Assessment Requirements, are prescribed as State assessment requirements.
(5) In this clause,
"Secretary's Assessment Requirements" means Secretary's Assessment Requirements for Development Requiring General Terms of Approval , as in force on the commencement of this clause and published on the NSW planning portal.



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