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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and Assessment
and Electoral Legislation Amendment
(Planning Panels and Enforcement) Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
No 203 3
Schedule 2 Amendment of Environmental Planning and Assessment
Regulation 2000 13
Schedule 3 Amendment of State Environmental Planning Policy (State and
Regional Development) 2011 14
Schedule 4 Amendment of Parliamentary Electorates and Elections Act 1912
No 41 18
Schedule 5 Amendment of Local Government Act 1993 No 30 19
Schedule 6 Amendment of Independent Commission Against Corruption Act
1988 No 35 20
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Environmental Planning and Assessment
and Electoral Legislation Amendment
(Planning Panels and Enforcement) Bill 2017
Act No , 2017
An Act to amend the Environmental Planning and Assessment Act 1979 and instruments under
that Act with respect to local and regional planning panels; and to amend the Parliamentary
Electorates and Elections Act 1912 and the Local Government Act 1993 with respect to the
enforcement of local government election requirements.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and
Enforcement) Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning and Assessment and Electoral Legislation
Amendment (Planning Panels and Enforcement) Act 2017.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsection (2).
(2) Schedule 1 [4] and [11] and Schedule 3 commence on a day or days to be appointed
by proclamation.
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 1 Amendment of Environmental Planning and
Assessment Act 1979 No 203
[1] Section 4 (1), definition of "independent hearing and assessment panel"
Omit the definition.
[2] Section 4 (1), definition of "local planning panel"
Insert in alphabetical order in section 4 (1):
local planning panel means a local planning panel constituted under
Division 4 of Part 2A.
[3] Section 23D Functions of Commission
Omit "an independent hearing and assessment panel" from section 23D (1) (c).
Insert instead "a local planning panel".
[4] Section 23G Joint regional planning panels
Omit section 23G (2A) and (2B). Insert instead:
(2A) The functions of a consent authority may only be conferred on a regional panel
in accordance with subsection (2) (a).
(2B) The functions of a consent authority in relation to any of the following
development may not be conferred on a regional panel:
(a) complying development,
(b) development for which development consent is not required,
(c) development that is State significant development,
(d) development for which a person or body other than a council is the
consent authority,
(e) development within the area of the City of Sydney.
[5] Part 2A, Division 4
Omit the Division. Insert instead:
Division 4 Local planning panels and council delegates
23I Exercise of consent authority functions on behalf of councils where local
planning panel constituted
(1) This section applies in respect of an area of a council for which a local
planning panel has been constituted under this Division.
(2) The functions of a council as a consent authority under Part 4 in respect of any
such area are not exercisable by the councillors. They are exercisable on behalf
of the council by:
(a) the local planning panel, or
(b) an officer or employee of the council to whom the council delegates
those functions, or
(c) a regional panel on which those functions are conferred under
section 23G.
(3) The Minister may give directions to councils under section 117 (either to
particular councils or to councils generally) on the development applications
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that are to be determined on behalf of the council by a local planning panel.
This subsection does not apply to development applications that are required
to be determined by a regional panel.
(4) For the purposes of this section, the functions of a council as consent authority
under Part 4 include:
(a) the determination of development applications and applications for the
modification of development consents, and
(b) without limiting paragraph (a), the functions of a consent authority
under Divisions 2 and 2A of Part 4 and sections 89A, 93I, 94, 94A, 94B,
94C, 94CA, 94EF, 94F, 95 (2), 96 (2) and 96AA, and
(c) the functions of a consent authority or council under this Act or any
other Act that relate to the carrying out of development (including the
making of development applications) and that are declared by the
regulations to be functions of a council as consent authority,
but do not include the functions of a consent authority or council that the
regulations declare are not the functions of a council as consent authority.
23J Constitution of local planning panels
(1) A council may constitute a single local planning panel for the whole of the area
of the council.
(2) The following councils must constitute a single local planning panel for the
whole of the area of the council:
(a) the council of an area that is wholly within the Greater Sydney Region,
(b) the council of the City of Wollongong.
(3) A single local planning panel may be constituted by 2 or more councils. In that
case, any function exercisable by a council in relation to the panel is to be
exercised jointly by all those councils.
(4) The Minister may, under section 117, direct 2 or more particular councils
referred to in subsection (2) to constitute a single local planning panel.
(5) If a council fails to constitute a local planning panel that it is required to
constitute, the Minister may constitute the panel and for that purpose is taken
to be the council.
(6) A local planning panel is subject to any directions of the Minister under
section 117.
(7) A local planning panel is not subject to the direction or control of the council,
except in relation to any matter relating to the procedure of the panel (or to the
time within which it is to deal with a matter) that is not inconsistent with any
directions of the Minister under section 117.
23K Members of local planning panels
(1) The members of a local planning panel are to be appointed by the relevant
council.
(2) Each local planning panel is to comprise (subject to this section) the following
4 members:
(a) an approved independent person appointed as the chairperson of the
panel with relevant expertise that includes expertise in law or in
government and public administration,
(b) 2 other approved independent persons with relevant expertise,
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(c) a representative of the local community who is not a councillor or
mayor.
(3) A person is not eligible to be a member of a local planning panel constituted
by a council if the person is:
(a) a councillor of that or any other council, or
(b) a property developer within the meaning of section 96GB of the
Election Funding, Expenditure and Disclosures Act 1981, or
Note. Section 96GB (1) of the Election Funding, Expenditure and Disclosures
Act 1981 provides that property developer includes a person who is a close
associate of a property developer.
(c) a real estate agent within the meaning of the Property, Stock and
Business Agents Act 2002.
(4) For the purposes of this section, an approved independent person is an
independent person approved by the Minister for appointment to the local
planning panel or a person selected from a pool of independent persons
approved by the Minister for appointment to the local planning panel. The
Minister may approve different pools of independent persons.
(5) If the area of the relevant council is divided into wards, the council is to
appoint representatives of the local community for each ward as members of
the local planning panel. All those representatives are entitled to attend a
meeting of the local planning panel, but only one of them designated by the
chairperson of the panel comprises the quorum for the meeting and is entitled
to vote and be heard on a matter before the panel.
(6) The representative so designated by the chairperson for a matter before the
panel is to be the representative for the ward that the chairperson considers is
most closely associated with that matter.
(7) Relevant expertise for the purposes of this section is expertise in at least one
area of planning, architecture, heritage, the environment, urban design,
economics, traffic and transport, law, engineering, tourism or government and
public administration.
23L Functions of local planning panels
(1) A local planning panel constituted by a council has the following functions:
(a) the functions of the council as a consent authority under Part 4 in respect
of the area for which the panel is constituted as provided by section 23I,
(b) to advise the council on any planning proposal that has been prepared
or is to be prepared by the council under section 55 and that is referred
to the panel by the council,
(c) to advise the council on any other planning or development matter that
is to be determined by the council and that is referred to the panel by the
council.
(2) Subsection (1) (a) does not exclude a delegate of the council or a regional
panel exercising functions as a consent authority under this Act.
(3) The Minister may give directions to councils under section 117 (either to
particular councils or to councils generally) on the planning proposals that are
required to be referred to a local planning panel for advice.
(4) This section does not limit the functions that may be exercised by a local
planning panel under this Act.
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23LA Miscellaneous provisions relating to local planning panels
(1) Schedule 4B contains provisions with respect to the members and procedure
of local planning panels.
(2) The regulations may make provision for or with respect to the following:
(a) the functions conferred under this Act on local planning panels,
including the procedures of panels in exercising their functions,
(b) without limiting paragraph (a), providing that parties are not to be
represented (whether by an Australian legal practitioner or any other
person) or are only to be represented in specified circumstances,
(c) the provision of information or reports by councils with respect to the
exercise of functions by local planning panels.
(3) The council is to provide staff and facilities for the purpose of enabling a local
planning panel to exercise its functions.
(4) The council is to monitor the performance of local planning panels constituted
by the council.
(5) A council that has constituted a local planning panel must provide a report to
the Secretary, each year or other period directed by the Secretary, as to the
following:
(a) whether a local planning panel had been constituted by the council
during the reporting period,
(b) the matters referred to the panel in the reporting period,
(c) the persons appointed to the panel,
(d) any other matters relating to the exercise of functions by the panel as
directed by the Secretary.
(6) Legal proceedings by or against a local planning panel are to be taken in the
name of the panel and not by or against the members of the panel.
(7) A local planning panel may delegate any function of the panel under this or
any other Act (other than this power of delegation) to the general manager or
other staff of the council. Section 381 of the Local Government Act 1993 does
not apply to any such delegation.
(8) For the avoidance of doubt, a member of a local planning panel is a public
official for the purposes of the Independent Commission Against Corruption
Act 1988.
[6] Section 23O Recovery of certain costs
Omit "independent hearing and assessment panel" from section 23O (3).
Insert instead "local planning panel".
[7] Section 78A Application
Insert after section 78A (6):
(6A) The functions of a council under subsections (3)-(6) in relation to a
development application may be exercised by a local planning panel or
delegate that has the function of determining the development application on
behalf of the council.
[8] Section 82A Review of determination
Insert "or a local planning panel" after "a regional panel" in section 82A (12).
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[9] Section 117 Directions by the Minister
Insert after section 117 (2) (b):
(b1) on a matter relating to the establishment and procedure of a local
planning panel, on the development applications that are to be
determined on behalf of a council by a local planning panel and on the
planning proposals that are required to be referred to a local planning
panel for advice, as referred to in Division 4 of Part 2A, and
[10] Section 158 Exclusion of personal liability
Omit "an independent hearing and assessment panel" from section 158 (d).
Insert instead "a local planning panel".
[11] Schedule 4A Development for which regional panels may be authorised to exercise
consent authority functions of councils
Omit the Schedule.
[12] Schedule 4B
Insert before Schedule 5:
Schedule 4B Provisions relating to local planning panels
(Section 23LA)
Part 1 Preliminary
1 Definitions
In this Schedule:
member means the chairperson or other member of a panel.
panel means a local planning panel.
Part 2 Provisions relating to members of panels
2 Terms of office of members
(1) A member of a panel holds office, subject to this Act and the regulations, for
such period (not exceeding 3 years) as is specified in the member's instrument
of appointment.
(2) That period may be determined by reference to the occurrence of a specified
event or the completion of the exercise of particular functions of the panel.
(3) A member is eligible (if otherwise qualified) for re-appointment.
(4) A member of a panel may not hold office as a member of that panel for more
than 6 years in total.
3 Part-time office
The office of a member of a panel is a part-time office.
4 Remuneration of members
A member of a panel is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from time to time
determine in respect of the member.
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5 Alternate members
(1) A council may, from time to time, appoint a person to be the alternate of a
member of a panel appointed by the council, and may revoke any such
appointment.
(2) A person is not eligible to be appointed as the alternate of a member unless the
person is eligible to be appointed as that member.
(3) In the absence of a member, the member's alternate may, if available, act in
the place of the member.
(4) While acting in the place of a member, a person has all the functions of the
member and is taken to be a member.
(5) A person may be appointed as the alternate of 2 or more members of a panel,
but may represent only one of those members at any meeting of the panel.
(6) A number of persons may be appointed as the alternate of one or more
members of a panel. The person who may act in the place of a member on any
particular occasion is the person determined by the chairperson of the panel.
(7) A person while acting in the place of a member is entitled to be paid such
remuneration (including travelling and subsistence allowances) as the council
may from time to time determine in respect of the person.
6 Removal from office of members
(1) A council may remove a member of a panel appointed by the council from
office at any time for any reason and without notice. However, the general
manager of the council must provide a written statement of the reasons for
removing the member from office and make the statement publicly available.
(2) The Minister may remove a member of a panel from office if the Independent
Commission Against Corruption, in a report referred to in section 74C of the
Independent Commission Against Corruption Act 1988, recommends that
consideration be given to the removal of the member from office because of
corrupt conduct by the member.
7 Vacancy in office of member
(1) The office of a member of a panel becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the council that
appointed the member, or
(d) is removed from office under this or any other Act, or
(e) is absent from 3 consecutive meetings of the panel of which reasonable
notice has been given to the member, except on leave granted by the
panel or unless the member is excused by the panel for having been
absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with his or her creditors or
makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) becomes:
(i) a councillor of any council, or
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(ii) a property developer within the meaning of section 96GB of the
Election Funding, Expenditure and Disclosures Act 1981, or
Note. Section 96GB (1) of the Election Funding, Expenditure and
Disclosures Act 1981 provides that property developer includes a
person who is a close associate of a property developer.
(iii) a real estate agent within the meaning of the Property, Stock and
Business Agents Act 2002, or
(i) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere than in
New South Wales of an offence that, if committed in New South Wales,
would be an offence so punishable.
(2) If the office of a member becomes vacant, a person may, subject to this Act
and the regulations, be appointed to fill the vacancy.
8 Effect of certain other Acts
(1) The statutory provisions relating to the employment of Public Service
employees do not apply to the appointment or office of a member of a panel.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to devote the
whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties
of that office,
the provision does not operate to disqualify the person from holding that office
and also the office of a member of a panel or from accepting and retaining any
remuneration payable to the person under this Act as a member.
Part 3 Provisions relating to procedure of panels
9 General procedure
(1) The procedure for the calling of meetings of a panel and for the conduct of
business at those meetings is, subject to this Act, any code of conduct under
this Schedule or other directions of the Minister under section 117, to be as
determined by the panel.
(2) Subject to this clause, a panel is not bound by the rules of evidence.
10 Quorum
The quorum for a meeting of a panel is 3 members.
11 Presiding member
(1) The chairperson of a panel or, in the absence of the chairperson, the member
appointed by the members of the panel is to preside at a meeting of the panel.
(2) The presiding member has a deliberative vote and, in the event of an equality
of votes, has a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting of a panel at
which a quorum is present is the decision of the panel.
13 Meetings
(1) A panel must give notice to the public of the times and places of its meetings.
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(2) A panel must conduct its meetings in public.
(3) A panel must make electronic recordings (whether audio and video or audio
only) and the council must make those recordings publicly available on its
website.
(4) A panel must give written reasons for its decision and the council must make
those written reasons publicly available on its website.
14 Transaction of business outside meetings or by telephone etc
(1) A panel may, if it thinks fit, transact any of its business by the circulation of
papers among all the members of the panel for the time being, and a resolution
in writing approved in writing by a majority of those members is taken to be a
decision of the panel.
(2) A panel may, if it thinks fit, transact any of its business at a meeting at which
members (or some members) participate by telephone, closed-circuit
television or other means, but only if any member who speaks on a matter
before the meeting can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the chairperson and each member of the panel have the same voting rights as
they have at an ordinary meeting of the panel.
(4) A resolution approved under subclause (1) is to be recorded in the minutes of
the meetings of the panel.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by electronic transmission of the information in the papers
concerned.
15 Disclosure of pecuniary interests
(1) If:
(a) a member of a panel has a pecuniary interest in a matter being
considered or about to be considered at a meeting of the panel, and
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting of the
panel.
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the
interest of:
(a) the member, or
(b) the member's spouse or de facto partner or a relative of the member, or
a partner or employer of the member, or
(c) a company or other body of which the member, or a nominee, partner or
employer of the member, is a member.
(3) However, a member is not taken to have a pecuniary interest in a matter as
referred to in subclause (2) (b) or (c):
(a) if the member is unaware of the relevant pecuniary interest of the
spouse, de facto partner, relative, partner, employer or company or
other body, or
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(b) just because the member is a member of, or is employed by, a council
or a statutory body or is employed by the Crown, or
(c) just because the member is a member of, or a delegate of a council to, a
company or other body that has a pecuniary interest in the matter, so
long as the member has no beneficial interest in any shares of the
company or body.
(4) A disclosure by a member at a meeting of the panel that the member, or a
spouse, de facto partner, relative, partner or employer of the member:
(a) is a member, or is in the employment, of a specified company or other
body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or
other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to
that company or other body or to that person which may arise after the date of
the disclosure and which is required to be disclosed under subclause (1).
(5) Particulars of any disclosure made under this clause must be recorded by the
panel and that record must be open at all reasonable hours to inspection by any
person on payment of the fee determined by the panel.
(6) After a member of a panel has disclosed the nature of an interest in any matter,
the member must not:
(a) be present during any deliberation of the panel with respect to the
matter, or
(b) take part in any decision of the panel with respect to the matter.
(7) A contravention of this clause does not invalidate any decision of the panel.
16 Code of conduct
(1) The Minister may approve a code of conduct that is applicable to members of
panels.
(2) A code of conduct may relate to any conduct (whether by way of act or
omission) in carrying out a member's functions that is likely to bring the panel
or its members into disrepute.
(3) The Minister may authorise a panel to vary a code of conduct in relation to the
members of that panel.
[13] Schedule 6 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Environmental Planning and Assessment and
Electoral Legislation Amendment (Planning Panels
and Enforcement) Act 2017
Definitions
In this Part:
amending Act means the Environmental Planning and Assessment and
Electoral Legislation Amendment (Planning Panels and Enforcement) Act
2017.
existing local panel means:
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(a) an independent hearing and assessment panel constituted by a relevant
council, as at 1 September 2017, under section 23I (as in force before
the substitution of that section by the amending Act), or
(b) any other panel constituted by a relevant council, as at 1 September
2017, under the Local Government Act 1993 to advise on development
applications or to determine development applications as a delegate of
the council.
relevant council means:
(a) the council of an area that is wholly within the Greater Sydney Region,
and
(b) the council of the City of Wollongong.
Existing local panels to continue as local planning panels
(1) An existing local panel is taken to have been constituted by the relevant
council as a local planning panel under section 23J (as substituted by the
amending Act).
(2) The members of the existing local panel (as at 1 September 2017) are taken to
have been appointed by the relevant council as members of the local planning
panel. Any such member may not be removed from office by the council
without the approval of the Minister.
(3) Subclause (2) ceases to have effect on 1 March 2018.
Interim arrangements for councils that do not have existing local panel
(1) This clause applies in relation to a relevant council that has not constituted an
existing local panel as at 1 September 2017.
(2) A relevant council is not required to constitute a local planning panel under
section 23J (as substituted by the amending Act) until 1 March 2018.
Regional panel amendments do not affect pending matters
The amendments made by the amending Act in relation to regional panels do
not affect any application pending on the commencement of those
amendments or any decision made under the Act before that commencement.
Extension of period for instituting local government election offences
The extension from 12 months to 3 years of the period within which
proceedings for offences in connection with the conduct of local government
elections may be commenced (as a consequence of the amendment to
section 693 of the Local Government Act 1993 made by the amending Act)
applies to offences committed after the commencement of the amending Act.
Savings and transitional regulations
(1) This clause applies to regulations made under Part 1 of this Schedule that
contain provisions of a savings or transitional nature consequent on the
enactment of the amending Act.
(2) The provisions of those regulations have effect despite anything to the
contrary in this Part.
(3) The regulations may make separate savings and transitional provisions or
amend this Part to consolidate the savings and transitional provisions.
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Schedule 2 Amendment of Environmental Planning and Assessment Regulation 2000
Schedule 2 Amendment of Environmental Planning and
Assessment Regulation 2000
Part 6, Division 16
Insert after Division 15 of Part 6:
Division 16 Provisions relating to local planning panels exercising
consent authority functions
124H Development applications where land is in 2 or more local government areas
If a single local planning panel has been established for 2 or more councils, a
separate development application for proposed development situated in the
areas of more than 1 of those councils must be lodged with each council for an
area in which the proposed development is situated.
124I Procedural matters related to determination of development applications
(1) A local planning panel may, for the purpose of determining a development
application (or an application to modify a development consent):
(a) obtain assessment reports, in addition to any assessment report or other
information provided by a relevant council in dealing with the
application, and
(b) obtain other technical advice or assistance as the panel thinks fit.
(2) If a development consent is granted by a local planning panel subject to a
condition referred to in section 80 (3) or 80A (2) of the Act, the panel is taken
to be satisfied as to a matter specified in the condition if the council for the area
in which the land on which the development is to be carried out notifies the
chairperson of the panel in writing that the matter specified in the condition
has been satisfied.
124J Procedural matters relating to determination of applications to modify
consents
A local planning panel may carry out consultation for the purposes of
section 96 (2) (b) of the Act by directing the general manager of a council for
an area in which the development the subject of the consent is to be carried out
to consult with the relevant Minister, public authority or approval body on
behalf of the panel.
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Schedule 3 Amendment of State Environmental Planning Policy (State and Regional Development) 2011
Schedule 3 Amendment of State Environmental Planning
Policy (State and Regional Development) 2011
[1] Clause 4 Definitions
Omit "Schedule 4A to the Act" from the definition of sensitive coastal location.
Insert instead "Schedule 7".
[2] Clause 20 Development to which Part applies
Omit "Schedule 4A to the Act". Insert instead "Schedule 7".
[3] Clause 22 Staged development functions for development exceeding minimum
capital investment values
Omit "Schedule 4A to the Act". Insert instead "Schedule 7".
[4] Schedule 7
Insert at the end of the Policy:
Schedule 7 Development for which regional panels may
be authorised to exercise consent authority
functions of councils
1 Definitions
(1) In this Schedule:
capital investment value has the same meaning as in the regulations under the
Act.
coastal zone has the same meaning as in the Coastal Management Act 2016.
Crown development means development carried out by or on behalf of the
Crown (within the meaning of Division 4 of Part 4 of the Act).
eco-tourist facility means a building or place used for tourist and visitor
accommodation, function centres or environmental facilities that is located in
a natural environment and is primarily used for activities involving education
about, or the interpretation, cultural understanding or appreciation of, the
natural environment.
metropolitan coastal zone means that part of the coastal zone between the
northern boundary of the local government area of Newcastle City and the
southern boundary of the local government area of Shellharbour City.
rail infrastructure facilities has the same meaning as it has in Division 15 of
Part 3 of State Environmental Planning Policy (Infrastructure) 2007.
road infrastructure facilities has the same meaning as it has in Division 17 of
Part 3 of State Environmental Planning Policy (Infrastructure) 2007.
sensitive coastal location means any of the following which occur within the
coastal zone:
(a) land within 100m above mean high water mark of the sea, a bay or an
estuary,
(b) a coastal lake,
(c) a declared Ramsar wetland within the meaning of the Environment
Protection and Biodiversity Conservation Act 1999 of the
Commonwealth,
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(d) a declared World Heritage property within the meaning of the
Environment Protection and Biodiversity Conservation Act 1999 of the
Commonwealth,
(e) land declared as a marine park or an aquatic reserve under the Marine
Estate Management Act 2014,
(f) land within 100m of any of the following:
(i) the water's edge of a coastal lake,
(ii) land to which paragraph (c), (d) or (e) applies,
(iii) land reserved under the National Parks and Wildlife Act 1974,
(iv) land to which State Environmental Planning Policy No 14--
Coastal Wetlands applies,
(g) residential land (within the meaning of State Environmental Planning
Policy No 26--Littoral Rainforests) that is within a distance of 100m
from the outer edge of the heavy black line on the series of maps held
in the Department and marked "State Environmental Planning Policy
No 26--Littoral Rainforests (Amendment No 2)".
subdivision of land does not include a boundary adjustment, a strata
subdivision, or a community title subdivision associated with another
development that has been approved.
(2) Words and expressions in this Schedule have (subject to subclause (1)) the
same meaning as they have in the standard instrument prescribed by the
Standard Instrument (Local Environmental Plans) Order 2006.
2 Excluded development
Development of a class or description otherwise set out in this Schedule is
excluded from this Schedule if it is:
(a) complying development, or
(b) development for which development consent is not required, or
(c) development that is State significant development, or
(d) development for which a person or body other than a council is the
consent authority, or
(e) development within the area of the City of Sydney.
3 General development over $30 million
Development that has a capital investment value of more than $30 million.
4 Council related development over $5 million
Development that has a capital investment value of more than $5 million if:
(a) a council for the area in which the development is to be carried out is
the applicant for development consent, or
(b) the council is the owner of any land on which the development is to be
carried out, or
(c) the development is to be carried out by the council, or
(d) the council is a party to any agreement or arrangement relating to the
development (other than any agreement or arrangement entered into
under the Act or for the purposes of the payment of contributions by a
person other than the council).
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5 Crown development over $5 million
Crown development that has a capital investment value of more than
$5 million.
6 Private infrastructure and community facilities over $5 million
Development that has a capital investment value of more than $5 million for
any of the following purposes:
(a) air transport facilities, electricity generating works, port facilities, rail
infrastructure facilities, road infrastructure facilities, sewerage systems,
telecommunications facilities, waste or resource management facilities,
water supply systems, or wharf or boating facilities,
(b) affordable housing, child care centres, community facilities,
correctional centres, educational establishments, group homes, health
services facilities or places of public worship.
7 Eco-tourist facilities over $5 million
Development for the purpose of eco-tourist facilities that has a capital
investment value of more than $5 million.
8 Particular designated development
Development for the purposes of:
(a) extractive industries, which meet the requirements for designated
development under clause 19 of Schedule 3 to the Environmental
Planning and Assessment Regulation 2000, or
(b) marinas or other related land and water shoreline facilities, which meet
the requirements for designated development under clause 23 of
Schedule 3 to the Environmental Planning and Assessment Regulation
2000, or
(c) waste management facilities or works, which meet the requirements for
designated development under clause 32 of Schedule 3 to the
Environmental Planning and Assessment Regulation 2000.
9 Coastal subdivision
Development within the coastal zone for the purposes of subdivision of the
following kind:
(a) subdivision of land for any purpose into more than 100 lots, if more than
100 of the lots will not be connected to an approved sewage treatment
work or system,
(b) subdivision of land for residential purposes into more than 100 lots, if
the land:
(i) is not in the metropolitan coastal zone, or
(ii) is wholly or partly in a sensitive coastal location,
(c) subdivision of land for rural-residential purposes into more than 25 lots,
if the land:
(i) is not in the metropolitan coastal zone, or
(ii) is wholly or partly in a sensitive coastal location.
10 Development subject to delays in determination
Development that has a capital investment value of more than $10 million but
less than $30 million:
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(a) for which a development application to the relevant council has been
lodged but not determined within 120 days after the application was
lodged, and
(b) that is the subject of a written request to that council by the applicant for
the application to be dealt with by a regional panel,
unless the chairperson of the regional panel concerned determines that the
delay in determining the development application was caused by the applicant.
11 Development in council areas where development assessment unsatisfactory
(1) Development within the area of a particular council for particular purposes
designated by the Minister by order published on the NSW legislation website.
(2) Such an order cannot be made unless the Minister is satisfied that the
performance of the council concerned in dealing with development matters
has not met applicable performance criteria.
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Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and
Enforcement) Bill 2017 [NSW]
Schedule 4 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
Schedule 4 Amendment of Parliamentary Electorates and
Elections Act 1912 No 41
Section 21CA
Insert after section 21C:
21CA Enforcement functions of Electoral Commission with respect to local
government elections
(1) The Electoral Commission may institute proceedings for offences under the
Local Government Act 1993 in connection with the conduct of local
government elections. This subsection operates to extend and not limit the
persons who may institute proceedings for those offences.
(2) A member of staff of the Electoral Commission is an authorised person for the
purposes of section 679 (Penalty notices for certain offences) of the Local
Government Act 1993 in connection with offences referred to in
subsection (1).
(3) For the purpose of ensuring compliance with the provisions of the Local
Government Act 1993 relating to local government elections, the Electoral
Commission may exercise any investigative or other functions the Electoral
Commission has under the Election Funding, Expenditure and Disclosures
Act 1981 for the purpose of ensuring compliance with that Act.
(4) Accordingly, a reference in sections 110, 110A and 110B of the Election
Funding, Expenditure and Disclosures Act 1981 to "this Act" is, in connection
with the conduct of local government elections, taken to be a reference to the
Local Government Act 1993 and the regulations under that Act.
(5) This section extends to local government elections held before the
commencement of this section.
(6) In this section:
local government election means an election under the Local Government Act
1993 for the office of councillor or mayor under that Act (other than an
election of mayor by councillors).
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Schedule 5 Amendment of Local Government Act 1993 No 30
Schedule 5 Amendment of Local Government Act 1993 No 30
Section 693 Time for bringing proceedings concerning electoral offences
Omit "12 months". Insert instead "3 years".
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Schedule 6 Amendment of Independent Commission Against Corruption Act 1988 No 35
Schedule 6 Amendment of Independent Commission Against
Corruption Act 1988 No 35
Section 74C Reports relating to local government and planning authorities
Insert "or of a local planning panel" after "joint regional planning panel" in
section 74C (3C).
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