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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Planning Administration Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Planning Bill 2013.
Overview of Bill
The object of this Bill is to make provision relating to the administration of the planning
legislation.
Outline of provisions
Part 1 Preliminary
Clause 1.1 sets out the name (also called the short title) of the proposed Act.
Clause 1.2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 1.3 defines certain words and expressions used in the proposed Act. In particular:
NSW Planning Director-General means the Director-General of the Department of Planning and
Infrastructure.
planning legislation is defined to mean any of the following:
(a) the proposed Planning Act 2013 and the instruments under that proposed Act,
(b) this proposed Act and the instruments under this proposed Act.
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Planning Administration Bill 2013 [NSW]
Explanatory note
Part 2 Minister and NSW Planning Director-General
Clause 2.1 declares that the Minister has portfolio responsibility for planning and the
administration of the planning legislation.
Clause 2.2 declares that the NSW Planning Director-General has departmental responsibility for
planning and the administration of the planning legislation and is subject to Ministerial control
(except in relation to the contents of any advice, recommendation or report made by the NSW
Planning Director-General to the Minister).
Clause 2.3 authorises the Minister or the NSW Planning Director-General to establish
committees or panels for the purposes of the planning legislation. Under the proposed Planning
Act 2013, the Minister is required to establish a committee to advise on community participation
in planning matters to be known as the Community Participation Advisory Panel.
Clause 2.4 authorises the Minister, the Planning Ministerial Corporation and the NSW Planning
Director-General to delegate their respective functions under the planning legislation.
Part 3 Planning Ministerial Corporation
Clause 3.1 constitutes a NSW Government agency to be known as the Planning Ministerial
Corporation. The corporation is a continuation of the corporation sole under the former Act known
as "the Minister administering the Environmental Planning and Assessment Act 1979".
Clause 3.2 requires the affairs of the Corporation to be managed by the NSW Planning
Director-General in accordance with Ministerial directions.
Clause 3.3 refers to the land functions of the Corporation set out in Schedule 1 (which generally
continue the existing land functions of the corporation sole under the former Act).
Clause 3.4 refers to Schedule 7 to the proposed Planning Act 2013 which contains provisions
relating to Planning Growth Funds and other financial provisions relating to the Corporation
(which generally continue the existing financial functions of the corporation sole under the former
Act).
Part 4 Planning Assessment Commission
Clause 4.1 constitutes the Planning Assessment Commission (the Commission or PAC) as a
NSW Government agency. The Minister does not have the power to direct and control the
Commission, except in relation to certain procedural and other matters.
Clause 4.2 provides that the Commission is to consist of between 4 and 9 members appointed by
the Minister with expertise in relevant fields.
Clause 4.3 sets out the functions of the Commission, including the provision on request of advice
to the Minister or the NSW Planning Director-General, the holding of public hearings at the
request of the Minister and, in certain circumstances, the performance of the functions of a
regional planning panel or subregional planning board.
Clause 4.4 sets out how the Commission is to be constituted for the purposes of carrying out any
of its functions, including the number of members.
Clause 4.5 provides for the work of the Commission to be allocated by its chairperson.
Clause 4.6 allows for the functions of the Commission to be delegated with the approval of the
Minister.
Part 5 Regional planning panels
Clause 5.1 constitutes the regional planning panels listed in Schedule 3 (being the joint regional
panels under the existing Act).
Clause 5.2 requires regional planning panels to comprise 3 State members and 2 nominees of the
applicable council with expertise in relevant fields.
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Planning Administration Bill 2013 [NSW]
Explanatory note
Clause 5.3 outlines the functions of regional planning panels, including the specified functions of
a consent authority for regionally significant development.
Clause 5.4 deals with the members and procedure of regional planning panels.
Clause 5.5 allows, with the approval of the Minister, the functions of regional planning panels to
be delegated to a council or its staff.
Part 6 Subregional planning boards
Clause 6.1 constitutes the subregional planning boards to be listed in Schedule 4 by Ministerial
planning order.
Clause 6.2 requires subregional planning boards to comprise not more than 4 State members,
nominees from councils in its area and a chairperson with expertise in relevant fields.
Clause 6.3 declares that subregional planning boards have the functions conferred or imposed on
them under the planning legislation or any other legislation.
Clause 6.4 deals with the functions, members and procedure of subregional planning boards.
Part 7 Provisions relating to councils
Clause 7.1 makes provisions for a council to constitute panels of experts (independent hearing
and assessment panels) to exercise the council's function of determining development
applications, or to assess those applications, as may be required by the planning control provisions
of the local plan or determined by the council.
Clause 7.2 requires the Planning Assessment Commission or a regional planning panel to consult
with a council on matters having a significantly adverse financial impact on the council.
Clause 7.3 requires councils to provide requested assistance, including facilities and staff, to the
Planning Assessment Commission or a regional planning panel.
Clause 7.4 limits the operation of the Local Government Act 1993 with respect to delegations to
the general manager or other staff of a council under the proposed Act.
Part 8 Investigative powers
Division 1 Preliminary
Clause 8.1 defines certain words and expressions used in the Part. In particular:
(a) investigation authority means:
(i) a council, in relation to an investigation officer appointed by the council, or
(ii) the NSW Planning Director-General, in relation to any other investigation officer.
(b) investigation officer means a person appointed as an investigation officer under the
proposed Part by the NSW Planning Director-General (a departmental investigation
officer) or by a council (a council investigation officer).
Clause 8.2 provides for the appointment of investigation officers by the NSW Planning
Director-General or a council.
Clause 8.3 specifies the purposes for which departmental investigation officers can exercise their
powers, including to determine whether there has been compliance with or a contravention of the
planning legislation. The clause also specifies the purposes for which council investigation
officers can exercise their powers.
Division 2 Powers of entry and search
Clause 8.4 enables investigation officers to enter and search premises (excluding residential
premises) without a search warrant or the consent of the occupier.
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Planning Administration Bill 2013 [NSW]
Explanatory note
Clause 8.5 requires an investigation officer to provide notice to the owner or occupier of premises
before entering without consent. The clause also lists exceptions to this requirement.
Clause 8.6 sets out a list of things an investigation officer can lawfully do upon entering premises
(including the power to seize anything connected with an offence).
Clause 8.7 relates to the issuing of search warrants to investigation officers.
Clause 8.8 requires investigation officers to do as little damage as possible in the exercise of a
power of entering or searching.
Clause 8.9 requires an investigation officer who uses force to enter, or enters in an emergency, to
notify the investigation authority.
Division 3 Powers to obtain information
Clause 8.10 enables an investigation officer to issue a notice requiring a person to provide that
officer with information and records connected with an investigation purpose.
Clause 8.11 enables an investigation officer to require a person to answer questions in relation to
matters connected with an investigation purpose.
Clause 8.12 allows an investigation officer to record any questions and answers given under the
proposed Division if the officer has informed the person being questioned that such a recording
will be made.
Division 4 Miscellaneous provisions applying to exercise of powers
Clause 8.13 specifies certain offences and penalties under proposed Part 8.
Clause 8.14 requires an investigation officer to produce an identification card upon request when
exercising functions under proposed Part 8.
Clause 8.15 enables the investigating authority to require an owner or occupier to provide
reasonable assistance and facilities where required under proposed Part 8.
Clause 8.16 relates to compensation for any damage caused by the actions of investigation
officers.
Clause 8.17 enables an investigation authority to recover costs related to entry and inspection.
Clause 8.18 contains general provisions relating to notices.
Clause 8.19 deals with the admissibility of records, information and answers collected pursuant
to the proposed Act for the purposes of criminal proceedings.
Clause 8.20 enables an authorised fire officer to exercise the powers of an investigation officer in
relation to fire safety issues.
Clause 8.21 provides that the regulations may confer certain investigative powers on a building
certifier or subdivision certifier.
Part 9 Monitoring and environmental auditing of approved
development
Clause 9.1 states that the proposed Part applies to the carrying out of State significant
development, or State infrastructure development, that has planning approval under the planning
legislation.
Clause 9.2 is an interpretive provision that includes the following definitions for the purposes of
the proposed Part:
(a) monitoring of development is the monitoring of the carrying out of the development to
provide data on compliance with the approval of the development or on the development's
environmental impact,
(b) an environmental audit of development is a periodic or particular documented evaluation
of approved development to provide information to the proponent of the development and
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Planning Administration Bill 2013 [NSW]
Explanatory note
to the persons administering the planning legislation on compliance with the approval of the
development or on the development's environmental management or impact.
Clause 9.3 enables the Minister to require an environmental audit or monitoring of a development
as a condition of approval for that development.
Clause 9.4 contains provisions relating to the possible forms of monitoring and environmental
audit that may be required as a condition of approval.
Clause 9.5 specifies offences and penalties relating to proposed Part 9, including the provision of
false or misleading information and the failure to provide relevant information with respect to
monitoring data or an audit report.
Clause 9.6 makes it clear that self-incriminatory information is not exempt from the disclosure
requirements and that any such information is admissible as evidence in the prosecution of an
offence.
Part 10 Miscellaneous
Clause 10.1 contains general provisions in relation to the disclosure and misuse of information
obtained in connection with the administration of the planning legislation. In particular, the clause
prohibits a person acting in the administration of the planning legislation to use his or her position
to gain a personal advantage. This prohibition extends to associated persons.
Clause 10.2 provides for an exclusion of personal liability for persons acting in the administration
of the planning legislation when acting in good faith.
Clause 10.3 relates to the delegation of functions under the planning legislation. In particular, the
clause allows public authorities to delegate functions to staff members.
Clause 10.4 relates to the publication of instruments of delegation on the NSW planning portal.
Clause 10.5 enables the Governor to make regulations for the purposes of the proposed Act.
Schedule 1 Property provisions relating to Planning
Ministerial Corporation
The Schedule contains general provisions in relation to land functions of the Planning Ministerial
Corporation, including the ability of the Corporation to sell, lease, exchange or otherwise dispose
of or deal with land. The Schedule empowers the Corporation to acquire land by agreement and
by compulsory processes.
Schedule 2 Provisions relating to Planning Assessment
Commission
The Schedule contains general provisions relating to the Planning Assessment Commission,
including provisions relating to public hearings and the procedure of those hearings.
Schedule 3 Constitution of regional planning panels
The Schedule constitutes the 6 existing regional planning panels and specifies the local
government areas associated with each panel.
Schedule 4 Constitution of subregional planning boards
The Schedule constitutes the subregional planning boards (which are to be inserted by Ministerial
order).
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Planning Administration Bill 2013 [NSW]
Explanatory note
Schedule 5 Provisions relating to planning bodies
Part 1 defines certain terms relevant to Schedule 5, including planning body which is to include
either the Planning Assessment Commission, a regional planning panel, a subregional planning
board or a committee or panel established by the Minister or the NSW Planning Director-General
under section 2.3 of the proposed Act.
Part 2 contains general provisions relating to the members of planning bodies, including the
duration of terms of office, remuneration and removal from office.
Part 3 contains general provisions relating to the procedure of planning bodies.
Schedule 6 Savings, transitional and other provisions
The Schedule contains savings and transitional positions that provide for continuity between the
proposed Act and the Environmental Planning and Assessment Act 1979 (former Act). These
provisions enable regulations of a savings or transitional nature to be made. The Schedule also
continues entities established under the former Act and preserves some appointments made under
the former Act.
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First print
New South Wales
Planning Administration Bill 2013
Contents
Page
Part 1 Preliminary
1.1 Name of Act 2
1.2 Commencement 2
1.3 Definitions 2
Part 2 Minister and NSW Planning Director-General
2.1 The Minister 3
2.2 The NSW Planning Director-General 3
2.3 Committees or panels established by Minister or NSW Planning
Director-General 3
2.4 Delegation by Minister, Planning Ministerial Corporation or
NSW Planning Director-General 4
Part 3 Planning Ministerial Corporation
3.1 Constitution and functions of Corporation 5
3.2 Management of Corporation 5
3.3 Property provisions relating to Corporation 5
3.4 Financial provisions relating to Corporation 5
Part 4 Planning Assessment Commission
4.1 Planning Assessment Commission 6
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Planning Administration Bill 2013 [NSW]
Contents
Page
4.2 Members of Commission 6
4.3 Functions of Commission 6
4.4 Constitution of Commission for particular matters 7
4.5 Provisions relating to Commission 7
4.6 Delegation by Planning Assessment Commission 7
Part 5 Regional planning panels
5.1 Regional planning panels 8
5.2 Members of panels 8
5.3 Functions of panels 9
5.4 Provisions relating to panels 9
5.5 Delegation by panels 9
Part 6 Subregional planning boards
6.1 Subregional planning boards 10
6.2 Members of boards 10
6.3 Functions of boards 11
6.4 Provisions relating to boards 11
Part 7 Provisions relating to councils
7.1 Council independent hearing and assessment panels 12
7.2 Obligation to consult with council about certain decisions 13
7.3 Obligations of councils to assist Commission and regional panels 13
7.4 Section 381 of Local Government Act 1993 excluded 13
Part 8 Investigative powers
Division 1 Preliminary
8.1 Definitions 14
8.2 Appointment of investigation officers 14
8.3 Purposes for which powers under Part may be exercised 14
Division 2 Powers of entry and search
8.4 Powers of investigation officers to enter premises 15
8.5 Notice of entry 15
8.6 Powers of investigation officers to do things at premises 16
8.7 Search warrants 16
8.8 Care to be taken 17
8.9 Notification of use of force or urgent entry 17
Division 3 Powers to obtain information
8.10 Requirement to provide information and records 17
8.11 Power of investigation officers to require answers and record evidence 17
8.12 Recording of evidence 18
Division 4 Miscellaneous provisions applying to exercise of powers
8.13 Offences 18
8.14 Identification card to be produced 18
8.15 Assistance for investigation officers 18
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Planning Administration Bill 2013 [NSW]
Contents
Page
8.16 Compensation 19
8.17 Recovery of cost of entry and inspection 19
8.18 Notices 19
8.19 Provisions relating to requirements to furnish records or information
or answer questions 19
8.20 Fire brigades inspection powers 20
8.21 Building or subdivision certifiers 20
Part 9 Monitoring and environmental auditing of approved
development
9.1 Application of Part 21
9.2 Nature of monitoring and environmental audits 21
9.3 Minister may require monitoring or environmental audits by imposition
of conditions on approved development 21
9.4 Provisions relating to conditions for monitoring and environmental
audits 21
9.5 Offences 22
9.6 Self-incriminatory information and use of information 22
Part 10 Miscellaneous
10.1 Disclosure and misuse of information 23
10.2 Exclusion of personal liability 23
10.3 Delegation by public authorities other than councils and subregional
planning boards 24
10.4 Publication of instruments of delegation 24
10.5 Regulations 24
Schedule 1 Property provisions relating to Planning Ministerial
Corporation 25
Schedule 2 Provisions relating to Planning Assessment
Commission 28
Schedule 3 Constitution of regional planning panels 30
Schedule 4 Constitution of subregional planning boards 31
Schedule 5 Provisions relating to planning bodies 32
Schedule 6 Savings, transitional and other provisions 38
Page 3
New South Wales
Planning Administration Bill 2013
No , 2013
A Bill for
An Act relating to the administration of the planning legislation.
Planning Administration Bill 2013 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1.1 Name of Act 3
This Act is the Planning Administration Act 2013. 4
1.2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
1.3 Definitions 7
(1) In this Act: 8
function includes a power, authority or duty, and exercise a function includes 9
perform a duty. 10
independent hearing and assessment panel means an independent hearing and 11
assessment panel of a council constituted under Part 7. 12
NSW Planning Director-General means the Director-General of the Department of 13
Planning and Infrastructure. 14
Planning Assessment Commission means the Planning Assessment Commission 15
constituted under Part 4. 16
planning legislation means any of the following: 17
(a) the Planning Act 2013 and the instruments under that Act, 18
(b) this Act and the instruments under this Act. 19
Planning Ministerial Corporation means the corporation constituted under Part 3. 20
regional planning panel means a regional planning panel constituted under Part 5. 21
subregional planning board means a subregional planning board constituted under 22
Part 6. 23
(2) Words and expressions used in this Act have (subject to subsection (1)) the same 24
meanings they have in the Planning Act 2013. 25
(3) Notes included in this Act do not form part of this Act. 26
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Planning Administration Bill 2013 [NSW]
Part 2 Minister and NSW Planning Director-General
Part 2 Minister and NSW Planning Director-General 1
2.1 The Minister 2
(1) The Minister has portfolio responsibility for planning and the administration of the 3
planning legislation. 4
(2) The Minister has the functions conferred or imposed on the Minister under the 5
planning legislation. 6
2.2 The NSW Planning Director-General 7
(1) The NSW Planning Director-General has departmental responsibility for planning 8
and the administration of the planning legislation. 9
(2) The NSW Planning Director-General has the functions conferred or imposed on the 10
NSW Planning Director-General under the planning legislation. 11
(3) The NSW Planning Director-General may provide advice, recommendations and 12
reports to the Minister in connection with the administration of the planning 13
legislation (whether on the NSW Planning Director-General's own initiative or as 14
required by the Minister). 15
(4) The NSW Planning Director-General is, in the exercise of any function under the 16
planning legislation, subject to the control and direction of the Minister (except in 17
relation to the contents of any advice, recommendation or report provided to the 18
Minister by the NSW Planning Director-General). 19
2.3 Committees or panels established by Minister or NSW Planning Director-General 20
(1) The Minister or the NSW Planning Director-General may, by order published on the 21
NSW planning portal, establish committees or panels for the purposes of the 22
planning legislation. 23
Note. Part 2 of the Planning Act 2013 requires the Minister to establish a panel under this 24
section (to be called the Community Participation Advisory Panel) with the functions set out in 25
that Part. 26
(2) The chairperson and other members of any such committee or panel are to be 27
appointed by the Minister or the NSW Planning Director-General (as the case 28
requires). 29
(3) The functions of any such committee or panel are to be as specified in the order by 30
which it is established, and (without limitation) may include: 31
(a) the investigation of any matter relevant to the administration of the planning 32
legislation, or 33
(b) the provision of advice, recommendations or reports with respect to any such 34
matter for the Minister, the NSW Planning Director-General or other person 35
or body engaged in the administration of the planning legislation. 36
This subsection does not limit any functions conferred on any such committee or 37
panel by the planning legislation. 38
(4) Any such committee or panel is not subject to the direction or control of the Minister 39
or the NSW Planning Director-General (except in relation to the procedure of the 40
committee or panel and any directions under section 10.1 of the Planning Act 2013). 41
(5) Schedule 5 contains provisions with respect to the members and procedure of any 42
such committee or panel. 43
(6) The regulations may make provision for or with respect to the functions, members 44
and procedure of any such committee or panel. 45
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Planning Administration Bill 2013 [NSW]
Part 2 Minister and NSW Planning Director-General
(7) Any such committee or panel is a NSW Government agency, unless the order by 1
which it is established provides that it is not a NSW Government agency. 2
Note. By virtue of section 13A of the Interpretation Act 1987, a NSW Government agency has 3
the status, privileges and immunities of the Crown. 4
2.4 Delegation by Minister, Planning Ministerial Corporation or NSW Planning 5
Director-General 6
(1) The Minister, the Planning Ministerial Corporation or the NSW Planning 7
Director-General may delegate any of their functions under the planning legislation 8
to: 9
(a) a member of staff of the Department of Planning and Infrastructure, or 10
(b) a public authority or member of staff of a public authority, or 11
(c) a council or member of staff of a council, or 12
(d) the Planning Assessment Commission, or 13
(e) a regional planning panel or a subregional planning board, or 14
(f) a person, or person of a class, authorised for the purposes of this section by the 15
regulations. 16
(2) A reference in this section to a function under the planning legislation includes a 17
reference to: 18
(a) a function of the Minister under any other legislation that is conferred or 19
imposed on the Minister in his or her capacity as the Minister administering 20
the planning legislation or in connection with the administration of the 21
planning legislation, or 22
(b) a function of the Planning Ministerial Corporation under any other legislation, 23
or 24
(c) a function of the NSW Planning Director-General under any other legislation 25
that is conferred or imposed on the NSW Planning Director-General in 26
connection with the administration of the planning legislation. 27
(3) This section does not authorise the delegation of: 28
(a) the power of delegation conferred by this section, or 29
(b) the function of the Minister to declare public priority infrastructure, or 30
(c) the function of the Minister to give a direction under section 10.1 of, or Part 1 31
of Schedule 10 to, the Planning Act 2013, or 32
(d) the function of giving any approval of the Minister that is required under the 33
planning legislation for the application of money in a Planning Growth Fund. 34
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Planning Administration Bill 2013 [NSW]
Part 3 Planning Ministerial Corporation
Part 3 Planning Ministerial Corporation 1
3.1 Constitution and functions of Corporation 2
(1) There is constituted by this Act a corporation with the corporate name of the Planning 3
Ministerial Corporation. 4
(2) The Planning Ministerial Corporation has such functions as are conferred or imposed 5
on it under the planning legislation or under any other Act. 6
(3) The Planning Ministerial Corporation is a NSW Government agency. 7
3.2 Management of Corporation 8
(1) The affairs of the Planning Ministerial Corporation are to be managed by the NSW 9
Planning Director-General in accordance with any directions of the Minister. 10
(2) Any act, matter or thing done in the name of, or on behalf of, the Planning Ministerial 11
Corporation by the NSW Planning Director-General, or with the authority of the 12
NSW Planning Director-General, is taken to have been done by the Corporation. 13
(3) The regulations may make provision with respect to the seal of the Planning 14
Ministerial Corporation. 15
(4) The annual report of the Planning Ministerial Corporation is to be published as part 16
of the annual report of the Department of Planning and Infrastructure. 17
3.3 Property provisions relating to Corporation 18
Schedule 1 contains property provisions relating to the Planning Ministerial 19
Corporation. 20
3.4 Financial provisions relating to Corporation 21
Schedule 7 to the Planning Act 2013 contains provisions relating to Planning Growth 22
Funds and other financial provisions relating to the Planning Ministerial 23
Corporation. 24
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Planning Administration Bill 2013 [NSW]
Part 4 Planning Assessment Commission
Part 4 Planning Assessment Commission 1
4.1 Planning Assessment Commission 2
(1) There is constituted by this Act a corporation with the corporate name of the Planning 3
Assessment Commission of New South Wales. 4
(2) The Commission is not subject to the direction or control of the Minister (except in 5
relation to the procedure of the Commission and any directions under section 10.1 of 6
the Planning Act 2013). 7
(3) The Commission is a NSW Government agency. 8
4.2 Members of Commission 9
(1) The Planning Assessment Commission is to consist of not less than 4 and not more 10
than 9 members appointed by the Minister. 11
(2) One member of the Commission is, in the instrument of appointment, to be appointed 12
as chairperson of the Commission. 13
(3) Each member is to have expertise in at least one area of planning, architecture, 14
heritage, the environment, urban design, land economics, traffic and transport, law, 15
engineering, tourism or government and public administration. 16
(4) In appointing a member of the Commission, the Minister is to have regard to the need 17
to have a range of expertise represented among the Commission's members. 18
(5) The Minister may appoint additional members of the Commission for the purposes 19
of exercising specific functions of the Commission. An additional member is not 20
required to have expertise in an area referred to in this section but is required to have 21
expertise in an area relevant to the functions the member is to exercise. 22
4.3 Functions of Commission 23
(1) The Planning Assessment Commission has the following functions: 24
(a) any function delegated to the Commission under the planning legislation, 25
(b) to advise the Minister or the NSW Planning Director-General on any matter 26
on which the Minister or the NSW Planning Director-General requests advice 27
from the Commission, 28
(c) to hold a public hearing into any matter that the Minister requests the 29
Commission to hold a public hearing, 30
(d) any function of a regional planning panel or an independent hearing and 31
assessment panel in respect of a particular matter that the Minister requests the 32
Commission to exercise (to the exclusion of the panel), 33
(e) if a regional planning panel has not been appointed for any part of the State, 34
any function that is conferred on any such panel under the planning control 35
provisions of a local plan applicable to that part or that is otherwise conferred 36
on any such panel under the planning legislation, 37
(f) if a subregional planning board has failed to comply with any direction of the 38
Minister under the planning legislation in respect of a matter, any function of 39
the board in respect of particular matters of that kind that the Minister requests 40
the Commission to exercise (to the exclusion of the board), 41
(g) any other function conferred or imposed on it under the planning legislation or 42
under any other legislation. 43
(2) The matters on which advice may be provided under subsection (1) (b), or into which 44
a public hearing may be held under subsection (1) (c), include any general or 45
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Planning Administration Bill 2013 [NSW]
Part 4 Planning Assessment Commission
particular planning or development matter, the administration of the planning 1
legislation or any related matter. 2
(3) The Planning Assessment Commission may, with the approval of the NSW Planning 3
Director-General: 4
(a) arrange for the use of the services of any staff or facilities of a public authority, 5
and 6
(b) engage such consultants as it requires to exercise its functions. 7
4.4 Constitution of Commission for particular matters 8
(1) For the purpose of carrying out any of its functions, the Planning Assessment 9
Commission is to be constituted by 3 members. 10
(2) The Commission is to be constituted by more than 3 members or less than 3 members 11
if directed to be so constituted by the Minister. 12
(3) The members for the purpose of exercising a function of the Commission are, subject 13
to any directions of the Minister, to be determined by the chairperson. 14
(4) The Commission may, at any time, exercise by the same or different members, one 15
or more of its functions. 16
(5) For the purpose of exercising any of its functions, the Commission is to be 17
constituted by specified members, or members with specified qualifications or 18
expertise, if directed to be so constituted by the Minister. 19
4.5 Provisions relating to Commission 20
(1) Schedules 2 and 5 contain provisions with respect to the Planning Assessment 21
Commission (including with respect to public hearings by, and to the members and 22
procedures of, the Commission). 23
(2) The work of the Planning Assessment Commission is, subject to the planning 24
legislation, to be allocated by the chairperson of the Commission. 25
4.6 Delegation by Planning Assessment Commission 26
The Planning Assessment Commission may, with the approval of the Minister, 27
delegate any function of the Commission under the planning legislation or under any 28
other legislation (other than this power of delegation) to any person or body specified 29
in the Minister's approval. 30
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Planning Administration Bill 2013 [NSW]
Part 5 Regional planning panels
Part 5 Regional planning panels 1
5.1 Regional planning panels 2
(1) The regional planning panels specified in Schedule 3 are constituted for the particular 3
parts of the State so specified in relation to each such panel. 4
(2) A regional planning panel is not subject to the direction or control of the Minister 5
(except in relation to the procedure of the panel and any directions under section 10.1 6
of the Planning Act 2013). 7
(3) Legal proceedings by or against a regional planning panel are to be taken in the name 8
of the panel and not by or against the members of the panel. 9
(4) A regional planning panel is a NSW Government agency. 10
(5) The Minister may, by order published on the NSW legislation website, amend 11
Schedule 3 for any of the following purposes: 12
(a) to constitute a regional planning panel and to specify the part of the State for 13
which it is constituted, 14
(b) to abolish a regional planning panel, 15
(c) to change the name of a regional planning panel or to change the part of the 16
State for which it is constituted, 17
(d) to make savings and transitional provisions consequent on any of the above. 18
5.2 Members of panels 19
(1) A regional planning panel is to consist of the following 5 members: 20
(a) 3 members appointed by the Minister (the State members), 21
(b) 2 nominees of an applicable council (the council nominees) who are 22
councillors, members of council staff or other persons nominated by the 23
council. 24
(2) The State members of a regional planning panel are to be persons who have expertise 25
in at least one area of planning, architecture, heritage, the environment, urban design, 26
land economics, traffic and transport, law, engineering, tourism or government and 27
public administration. In appointing State members, the Minister is to have regard to 28
the need to have a range of expertise represented among the panel's members. 29
(3) At least one of the council nominees of a regional planning panel is to be a person 30
who has expertise in at least one area of planning, architecture, heritage, the 31
environment, urban design, land economics, traffic and transport, law, engineering 32
or tourism. 33
(4) One of the State members is to be appointed by the Minister as chairperson of the 34
regional planning panel. The Minister is required to obtain the concurrence of the 35
Local Government and Shires Association of New South Wales to the appointment 36
unless: 37
(a) the Association fails to notify its concurrence or refusal to concur within 38
21 days of being requested to do so by the Minister, or 39
(b) the Association has refused to concur in the appointment of 2 different persons 40
proposed by the Minister. 41
(5) Each applicable council is to nominate 2 persons as council nominees for the 42
purposes of the regional planning panel. If an applicable council fails to nominate 43
one or more council nominees, a regional planning panel is not required to include 44
2 council nominees for the purposes of exercising its functions in relation to the area 45
of the council. 46
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Planning Administration Bill 2013 [NSW]
Part 5 Regional planning panels
(6) For the purposes of exercising the functions of a regional planning panel in relation 1
to a matter, the council nominees on the panel are to be nominated by the applicable 2
council for the land to which the matter relates. 3
(7) In this section: 4
applicable council means the council of an area that is situated (wholly or partly) in 5
a part of the State for which a regional planning panel is constituted. 6
5.3 Functions of panels 7
A regional planning panel has the following functions: 8
(a) the specified functions of a consent authority under Part 4 of the Planning Act 9
2013 for regionally significant development, 10
(b) any functions under the planning legislation of a council within its area that are 11
conferred on it under Part 1 of Schedule 10 to the Planning Act 2013, 12
(c) to advise the Minister or the NSW Planning Director-General as to planning 13
or development matters relating to the part of the State for which it is 14
constituted (or any related matters) if requested to do so by the Minister or the 15
NSW Planning Director-General, 16
(d) any other function conferred or imposed on it under the planning legislation or 17
any other legislation. 18
Note. Under clause 10.2 of Schedule 10 to the Planning Act 2013, a panel (or the Planning 19
Assessment Commission if acting in place of the panel) is, in the exercise of a function referred 20
to in paragraph (b), taken to be the council and is to exercise the function to the exclusion of 21
the council. 22
5.4 Provisions relating to panels 23
(1) Schedule 5 contains provisions with respect to the members and procedure of 24
regional planning panels. 25
(2) The regulations may make provision for or with respect to the following: 26
(a) the functions conferred by the planning legislation on a regional planning 27
panel, including its procedures in exercising its functions, 28
(b) the provision of information and reports by regional planning panels, 29
(c) without limiting paragraph (a), providing that parties to matters being 30
determined by a regional planning panel are not to be represented (whether by 31
an Australian legal practitioner or any other person) or are only to be 32
represented in specified circumstances. 33
(3) The NSW Planning Director-General is, in the annual report of the Department of 34
Planning and Infrastructure, to report on the activities of regional planning panels 35
during the reporting year under Part 1 of Schedule 10 to the Planning Act 2013. 36
5.5 Delegation by panels 37
A regional planning panel may, with the approval of the Minister, delegate any 38
function of the panel under the planning legislation or under any other legislation 39
(other than this power of delegation) to a council, or to the general manager or other 40
staff of the council, for any area or part of any area for which the panel is constituted. 41
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Planning Administration Bill 2013 [NSW]
Part 6 Subregional planning boards
Part 6 Subregional planning boards 1
6.1 Subregional planning boards 2
(1) There are constituted by this Act the subregional planning boards specified in 3
Schedule 4. 4
(2) A subregional planning board is a body corporate with the corporate name specified 5
in Schedule 4. 6
(3) A subregional planning board is a NSW Government agency. 7
(4) A subregional planning board is not, in the exercise of its functions, subject to the 8
direction or control of the Minister (except in relation to the procedure of the board 9
and any directions under section 10.1 of the Planning Act 2013). 10
(5) The Minister may, by order published on the NSW legislation website, amend 11
Schedule 4 for any of the following purposes: 12
(a) to constitute a subregional planning board and to specify the part of the State 13
for which it is constituted, 14
(b) to abolish a subregional planning board, 15
(c) to change the name of a subregional planning board or to change the part of 16
the State for which it is constituted, 17
(d) to make savings and transitional provisions consequent on any of the above. 18
6.2 Members of boards 19
(1) A subregional planning board is to consist of the following members: 20
(a) not more than 4 members appointed by the Minister (the State members), 21
(b) a separate member nominated by each council whose area is wholly or partly 22
within the area for which the board is constituted (the council nominees), 23
(c) another member appointed by the Minister as chairperson. 24
(2) The members of a subregional planning board (other than council nominees) are to 25
be persons who have expertise in at least one area of planning, architecture, heritage, 26
the environment, urban design, land economics, traffic and transport, law, 27
engineering, tourism or government and public administration. 28
(3) The Minister is required to obtain the concurrence of the Local Government and 29
Shires Association of New South Wales to the appointment of the chairperson unless: 30
(a) the Association fails to notify its concurrence or refusal to concur within 31
21 days of being requested to do so by the Minister, or 32
(b) the Association has refused to concur in the appointment of 2 different persons 33
proposed by the Minister. 34
(4) In appointing a State member, the Minister is to have regard to the need to have a 35
range of expertise represented among the board's members. 36
(5) If an applicable council fails to nominate one or more council nominees, a 37
subregional planning board is not required to include a council nominee for the 38
purposes of exercising its functions in relation to the area of the council or in relation 39
to any other area of the board. 40
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Planning Administration Bill 2013 [NSW]
Part 6 Subregional planning boards
6.3 Functions of boards 1
A subregional planning board has the functions conferred or imposed on it under the 2
planning legislation or any other legislation. 3
Note. Part 3 of the Planning Act 2013 provides that a function of a board is to prepare 4
subregional delivery plans. 5
6.4 Provisions relating to boards 6
(1) Schedule 5 contains provisions with respect to the members and procedure of 7
subregional planning boards. 8
(2) The regulations may make provision for or with respect to the functions, members 9
and procedure of subregional planning boards. 10
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Planning Administration Bill 2013 [NSW]
Part 7 Provisions relating to councils
Part 7 Provisions relating to councils 1
7.1 Council independent hearing and assessment panels 2
(1) A panel of experts (an independent hearing and assessment panel): 3
(a) is required to be constituted by a council to exercise the consent authority 4
functions of the council with respect to any development application that are 5
required to be exercised by an independent hearing and assessment panel 6
under the planning control provisions of the council's local plan, and 7
(b) may be constituted by a council to exercise the consent authority functions of 8
the council with respect to any other development application referred to the 9
panel by the council (unless a regional panel is required to exercise those 10
consent authority functions), and 11
(c) is required to be constituted by a council to assess any aspect of a development 12
application or any planning matter if an assessment by such a panel is required 13
by the planning control provisions of the council's local plan, and 14
(d) may be constituted by a council to assess any other aspect of a development 15
application or planning matter referred to the panel by the council (unless a 16
regional panel is required to determine or review the matter). 17
(2) The members of an independent hearing and assessment panel are to consist of 18
persons having expertise in at least one area of planning, architecture, heritage, the 19
environment, urban design, land economics, traffic and transport, law, engineering, 20
tourism or government and public administration. 21
(3) For the purposes of an assessment, an independent hearing and assessment panel 22
must submit a report to the council within the time required by the council. 23
(4) An independent hearing and assessment panel is to exercise its functions in 24
accordance with the planning legislation and any arrangements approved by the 25
Minister. However, a panel is not subject to the direction or control of the Minister 26
or the council on its decisions. 27
(5) The council is to provide staff and facilities for the purpose of enabling an 28
independent hearing and assessment panel to exercise its functions. 29
(6) A member of an independent hearing and assessment panel is entitled to be paid such 30
remuneration (including travelling and subsistence allowances) as the Minister may 31
from time to time determine in respect of the member. 32
(7) A council must provide an annual report to the NSW Planning Director-General as 33
to the following: 34
(a) the number of independent hearing and assessment panels constituted by the 35
council in the preceding year, 36
(b) the matters referred to the panels in the preceding year, 37
(c) the persons appointed to the panels, 38
(d) decisions made by the council relating to matters referred to the panels for 39
assessment, including the reasons for any decision not in accordance with an 40
assessment by a panel, 41
(e) any other matters relating to the exercise of functions by panels as directed by 42
the NSW Planning Director-General. 43
(8) The regulations may make provision for or with respect to the following: 44
(a) the procedures of independent hearing and assessment panels in exercising 45
functions, 46
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Planning Administration Bill 2013 [NSW]
Part 7 Provisions relating to councils
(b) without limiting paragraph (a), providing that parties are not to be represented 1
(whether by an Australian legal practitioner or any other person) or are only to 2
be represented in specified circumstances, 3
(c) the provision of information or reports by councils with respect to the exercise 4
of functions by independent hearing and assessment panels and any actions 5
taken or not taken by councils in response to panel assessments. 6
(9) This section does not limit the functions that may be exercised by an independent 7
hearing and assessment panel under the planning legislation. 8
7.2 Obligation to consult with council about certain decisions 9
The Planning Assessment Commission or a regional planning panel must not 10
exercise a function that will result in the making of a decision that will have, or that 11
might reasonably be expected to have, a significantly adverse financial impact on a 12
council until after it has consulted with the council. 13
7.3 Obligations of councils to assist Commission and regional panels 14
(1) The Planning Assessment Commission or a regional planning panel is entitled, on 15
request made to the general manager of a council: 16
(a) to have access to, and to make copies of and take extracts from, records of the 17
council relevant to the exercise of the Commission's or panel's functions, and 18
(b) to the use of the staff and facilities of the council in order to exercise the 19
Commission's or panel's functions, and 20
(c) to any other assistance or action by the council for the purposes of exercising 21
the Commission's or panel's functions. 22
(2) The regulations may make provision with respect to assistance and action under this 23
section. 24
7.4 Section 381 of Local Government Act 1993 excluded 25
Section 381 of the Local Government Act 1993 does not apply to a delegation under 26
this Act to the general manager or other employee of a council. 27
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
Part 8 Investigative powers 1
Division 1 Preliminary 2
8.1 Definitions 3
In this Part: 4
authorised fire officer means a fire officer who may issue a fire safety order under 5
Division 10.2 of Part 10 of the Planning Act 2013. 6
investigation authority means: 7
(a) a council, in relation to an investigation officer appointed by the council, or 8
(b) the NSW Planning Director-General, in relation to any other investigation 9
officer. 10
investigation officer means a person appointed as an investigation officer under this 11
Part by the NSW Planning Director-General (a departmental investigation officer) 12
or by a council (a council investigation officer). 13
investigation purpose means a purpose for which a power may be exercised under 14
this Part. 15
occupier of premises means the person who has the management or control of the 16
premises. 17
records includes plans, specifications, maps, reports, books and other documents 18
(whether in writing, in electronic form or otherwise). 19
8.2 Appointment of investigation officers 20
(1) The NSW Planning Director-General or a council may appoint persons (including 21
any class of persons) as investigation officers for the purposes of this Part. 22
Note. Because of the definition of "investigation officer", a person appointed by the NSW 23
Planning Director-General becomes a "departmental investigation officer" and a person 24
appointed by the council becomes a "council investigation officer". 25
(2) A person's appointment as an investigation officer may be made generally, or made 26
subject to conditions or restrictions or only for limited purposes. 27
(3) A person's appointment as an investigation officer is to be made by written 28
instrument (in the case of an individual appointment) or by notice published on the 29
NSW planning portal or in the Gazette (in the case of the appointment of a class of 30
persons). 31
(4) Every investigation officer is to be provided by the investigation authority with an 32
identification card as an investigation officer. 33
(5) If persons of a class are appointed as investigation officers, they need not be provided 34
with an identification card if the investigation authority is satisfied that they possess 35
adequate identification as persons of that class. 36
8.3 Purposes for which powers under Part may be exercised 37
(1) A departmental investigation officer may exercise powers under this Part for any of 38
the following purposes: 39
(a) enabling the Minister or the NSW Planning Director-General to exercise their 40
functions under the planning legislation, 41
(b) determining whether there has been compliance with or a contravention of the 42
planning legislation, including any plan, planning approval or any other 43
document or requirement issued or made under the planning legislation, 44
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
(c) obtaining information or records for purposes connected with the 1
administration of the planning legislation, 2
(d) generally for administering the planning legislation. 3
(2) A council investigation officer may exercise powers under this Part for any of the 4
following purposes: 5
(a) enabling a council to exercise its functions under the planning legislation, 6
(b) at the request of the Commissioner of Fire and Rescue NSW, determining 7
whether or not adequate provision for fire safety has been made in or in 8
connection with a building. 9
(3) Nothing in this Part affects any function under any other provision of the planning 10
legislation or under any other Act. 11
Division 2 Powers of entry and search 12
8.4 Powers of investigation officers to enter premises 13
(1) An investigation officer may enter: 14
(a) any premises at which the officer reasonably suspects that any industrial, 15
agricultural or commercial activities are being carried out--at any time during 16
which those activities are being carried out there, and 17
(b) any other premises--at any reasonable time. 18
(2) An investigation officer may enter a part of premises used for residential purposes 19
only: 20
(a) with the consent of the occupier, or 21
(b) under the authority of a search warrant issued under this Part, or 22
(c) if it is necessary to do so to inspect work being carried out under a planning 23
approval or premises for which a building information certificate is being 24
sought. 25
(3) An investigation officer may enter any premises under the authority of a search 26
warrant issued under this Part. 27
(4) The power to enter premises authorises entry by foot or by means of a motor vehicle 28
or other vehicle, or in any other manner. 29
(5) Reasonable force may be used to enter premises under this Part. 30
(6) An investigation officer may enter premises under this Part with the aid of such 31
investigation officers, police officers or other persons as the investigation officer 32
considers necessary. 33
8.5 Notice of entry 34
(1) An investigation officer or the investigation authority must give the owner or 35
occupier of premises written notice of the intention to enter the premises before a 36
person authorised to enter premises under this Part does so. 37
(2) The notice must specify the day on which the person intends to enter the premises 38
and must be given before that day. 39
(3) Notice is not required to be given: 40
(a) if entry to the premises is made with the consent of the owner or occupier of 41
the premises, or 42
(b) if entry to the premises is required because of the existence or reasonable 43
likelihood of a serious risk to health or safety, or 44
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
(c) if entry is required urgently and the case is one in which the investigation 1
authority has authorised in writing (either generally or in the particular case) 2
entry without notice. 3
8.6 Powers of investigation officers to do things at premises 4
(1) An investigation officer who lawfully enters premises may do anything that the 5
officer thinks is necessary to be done for an investigation purpose, including (but not 6
limited to) the following things: 7
(a) examine and inspect any works, plant or other article, 8
(b) take and remove samples, 9
(c) make such examinations, inquiries and tests as the officer thinks necessary, 10
(d) take such photographs, films, audio, video and other recordings as the officer 11
thinks necessary, 12
(e) for the purpose of an inspection: 13
(i) open any ground and remove any flooring and take any measures that 14
may be necessary to ascertain the character and condition of the 15
premises and of any pipe, sewer, drain, wire or fitting, and 16
(ii) require the opening, cutting into or pulling down of any work if the 17
officer has reason to believe or suspect that anything on the premises 18
has been done in contravention of the planning legislation, 19
(f) take measurements, make surveys and take levels and, for those purposes, dig 20
trenches, break up the soil and set up any posts, stakes or marks, 21
(g) require records to be produced for inspection, 22
(h) examine and inspect any records, 23
(i) copy any records, 24
(j) seize anything that the officer has reasonable grounds for believing is 25
connected with an offence against the planning legislation, 26
(k) do any other thing the officer is empowered to do under this Part. 27
(2) The power to seize anything connected with an offence includes a power to seize: 28
(a) a thing with respect to which the offence has been committed, and 29
(b) a thing that will afford evidence of the commission of the offence, and 30
(c) a thing that was used for the purpose of committing the offence. 31
A reference to any such offence includes a reference to an offence that there are 32
reasonable grounds for believing has been committed. 33
8.7 Search warrants 34
(1) An investigation officer may apply to an issuing officer for the issue of a search 35
warrant if the investigation officer believes on reasonable grounds that the planning 36
legislation is being or has been contravened at any premises. 37
(2) An issuing officer to whom such an application is made may, if satisfied that there 38
are reasonable grounds for doing so, issue a search warrant authorising an 39
investigation officer named in the warrant: 40
(a) to enter the premises, and 41
(b) to exercise any function of an investigation officer under this Part. 42
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 43
applies to a search warrant issued under this section. 44
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
(4) In this section: 1
issuing officer means an authorised officer within the meaning of the Law 2
Enforcement (Powers and Responsibilities) Act 2002. 3
8.8 Care to be taken 4
(1) An investigation officer must do as little damage as possible in the exercise of a 5
power to enter or search premises under this Part. The investigation authority must 6
provide, if necessary, other means of access in place of any taken away or interrupted 7
by an investigation officer. 8
(2) As far as practicable, entry on to fenced land is to be made through an existing 9
opening in the enclosing fence. If entry by that means is not practicable, a new 10
opening may be made in the enclosing fence, but the fence is to be fully restored 11
when the need for entry ceases. 12
8.9 Notification of use of force or urgent entry 13
(1) An investigation officer who: 14
(a) uses force for the purpose of gaining entry to premises, or 15
(b) enters premises in an emergency without giving written notice to the owner or 16
occupier, 17
must promptly advise the investigation authority. 18
(2) The investigation authority must give notice of the entry to such persons or 19
authorities as appear to the investigation authority to be appropriate in the 20
circumstances. 21
Division 3 Powers to obtain information 22
8.10 Requirement to provide information and records 23
(1) An investigation officer may, by notice in writing given to a person, require the 24
person to furnish to the officer such information or records (or both) as the notice 25
requires in connection with an investigation purpose. 26
(2) The notice must specify the manner in which information or records are required to 27
be furnished and a reasonable time by which the information or records are required 28
to be furnished. 29
(3) The notice may only require a person to furnish existing records that are in the 30
person's possession or that are within the person's power to obtain lawfully. 31
(4) The person to whom any record is furnished under this section may take copies of it. 32
(5) If any record required to be furnished is in electronic, mechanical or other form, the 33
notice requires the record to be furnished in written form, unless the notice otherwise 34
provides. 35
(6) An investigation officer may exercise a power under this section whether or not a 36
power of entry is being or has been exercised. 37
8.11 Power of investigation officers to require answers and record evidence 38
(1) An investigation officer may require a person to answer questions in relation to a 39
matter connected with an investigation purpose if the officer suspects on reasonable 40
grounds: 41
(a) that it is necessary to require information about the matter for that purpose, and 42
(b) that the person has knowledge of the matter. 43
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Part 8 Investigative powers
(2) The investigation authority may require a corporation to nominate a director or 1
officer of the corporation who is authorised to represent the corporation for the 2
purposes of answering questions under this section. 3
(3) An investigation officer may, by notice in writing, require a person to attend at a 4
specified place and time to answer questions under this section if attendance at that 5
place is reasonably required in order that the questions can be properly put and 6
answered. 7
(4) The place and time at which a person may be required to attend is to be: 8
(a) a place or time nominated by the person, or 9
(b) if the place and time nominated is not reasonable in the circumstances or a 10
place and time is not nominated by the person, a place and time nominated by 11
the investigation officer that is reasonable in the circumstances. 12
(5) An investigation officer may exercise a power under this section whether or not a 13
power of entry is being or has been exercised. 14
8.12 Recording of evidence 15
(1) An investigation officer may cause any questions and answers to questions given 16
under this Division to be recorded if the officer has informed the person who is to be 17
questioned that the record is to be made. 18
(2) A record may be made using sound recording apparatus or audio visual apparatus, or 19
any other method determined by the investigation officer. 20
(3) A copy of any such record must be provided by the investigation officer to the person 21
who is questioned as soon as practicable after it is made. 22
(4) A record may be made under this section despite the provisions of any other law. 23
Division 4 Miscellaneous provisions applying to exercise of powers 24
8.13 Offences 25
(1) A person must not, without reasonable excuse, fail to comply with a requirement 26
made of the person by an investigation officer in accordance with this Part. 27
(2) A person must not furnish any information or do any other thing in purported 28
compliance with a requirement made under this Part that the person knows is false or 29
misleading in a material respect. 30
(3) A person must not intentionally delay or obstruct an investigation officer in the 31
exercise of the officer's powers under this Part. 32
Maximum penalty: Tier 3. 33
8.14 Identification card to be produced 34
(1) An investigation officer who is exercising a function under this Part must produce 35
the officer's identification card, if requested to do so by a person affected by the 36
exercise of the function. 37
(2) In this section, identification card means an identification card issued under 38
section 8.2 (4) or identification of the kind referred to in section 8.2 (5). 39
8.15 Assistance for investigation officers 40
The investigation authority may, by notice in writing given to the owner or occupier 41
of premises, require the owner or occupier to provide reasonable assistance and 42
facilities to an investigation officer in the exercise of the officer's powers under this 43
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
Part. The notice is to specify the assistance and facilities to be provided and the time 1
and manner in which they are to be provided. 2
8.16 Compensation 3
The State must compensate all interested parties for any damage caused by a 4
departmental investigation officer (and a council must compensate all interested 5
parties for any damage caused by a council investigation officer) in exercising a 6
power of entering premises but not any damage caused by the exercise of any other 7
power, unless the occupier obstructed or hindered the officer in the exercise of the 8
power of entry. 9
8.17 Recovery of cost of entry and inspection 10
If, as a result of an inspection of premises under this Part by an investigation officer, 11
the investigation authority requires any work to be carried out on or in the premises, 12
the investigation authority may recover the reasonable costs of the entry and 13
inspection from the owner or occupier of the premises. 14
8.18 Notices 15
(1) More than one notice under a provision of this Part may be given to the same person. 16
(2) A notice given under this Part may be revoked or varied by a subsequent notice or 17
notices (including by extending the time for compliance with the notice). 18
(3) A notice may be given under this Part to a person in respect of a matter or thing even 19
though the person is outside the State, or the matter or thing occurs or is located 20
outside the State, so long as the matter or thing affects the environment of this State. 21
8.19 Provisions relating to requirements to furnish records or information or answer 22
questions 23
(1) Warning to be given on each occasion 24
A person is not guilty of an offence of failing to comply with a requirement under 25
this Part to furnish records or information or to answer a question unless the person 26
was warned on that occasion that a failure to comply is an offence. 27
(2) Self-incrimination not an excuse 28
A person is not excused from a requirement under this Part to furnish records or 29
information or to answer a question on the ground that the record, information or 30
answer might incriminate the person or make the person liable to a penalty. 31
(3) Information or answer not admissible if objection made 32
However, any information furnished or answer given by a natural person in 33
compliance with a requirement under this Part is not admissible in evidence against 34
the person in criminal proceedings (except proceedings for an offence under this 35
Part) if: 36
(a) the person objected at the time to doing so on the ground that it might 37
incriminate the person, or 38
(b) the person was not warned on that occasion that the person may object to 39
furnishing the information or giving the answer on the ground that it might 40
incriminate the person. 41
(4) Records admissible 42
Any record furnished by a person in compliance with a requirement under this Part 43
is not inadmissible in evidence against the person in criminal proceedings on the 44
ground that the record might incriminate the person. 45
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Planning Administration Bill 2013 [NSW]
Part 8 Investigative powers
(5) Further information 1
Further information obtained as a result of a record or information furnished or of an 2
answer given in compliance with a requirement under this Part is not inadmissible on 3
the ground: 4
(a) that the record or information had to be furnished or the answer had to be 5
given, or 6
(b) that the record or information furnished or answer given might incriminate the 7
person. 8
8.20 Fire brigades inspection powers 9
(1) An authorised fire officer may exercise the powers of an investigation officer under 10
this Part for the purpose of inspecting a building to determine whether or not: 11
(a) adequate provision for fire safety has been made in or in connection with the 12
building, or 13
(b) the fire safety provisions prescribed for the purposes of this section by the 14
regulations have been complied with. 15
(2) An authorised fire officer cannot inspect premises under this section (other than 16
places of shared accommodation) for the purposes of determining whether or not 17
adequate provision for fire safety has been made except: 18
(a) when requested to do so by the council of the area in which the building is 19
located, or 20
(b) when requested to do so by a person who holds himself or herself out as the 21
owner, lessee or occupier of the building, or 22
(c) when the Commissioner of Fire and Rescue NSW has received a complaint in 23
writing that adequate provision for fire safety has not been made concerning 24
the building. 25
(3) A council must, at the request of the Commissioner of Fire and Rescue NSW, make 26
available a council investigation officer for the purposes of an inspection under this 27
section, and the officer concerned is to be present during the inspection. 28
(4) The Commissioner of Fire and Rescue NSW must send a report of any inspection 29
carried out under this section to the council concerned. 30
(5) This Part applies (subject to the regulations) to an authorised fire officer in the same 31
way that it applies to a council investigation officer. For that purpose (and subject to 32
the regulations), a reference in this Part to the investigating authority is taken to be a 33
reference to the Commissioner of Fire and Rescue NSW. 34
(6) A council must, at the written request of the Commissioner of Fire and Rescue NSW, 35
cause any building specified in the request to be inspected for the purpose of 36
determining whether or not adequate provision for fire safety has been made in or in 37
connection with the building. As soon as practicable after such an inspection has 38
been carried out, the council must send a report of the inspection to the 39
Commissioner. 40
8.21 Building or subdivision certifiers 41
(1) The regulations may confer on a building certifier or subdivision certifier specified 42
powers of a council investigation officer under this Part for the purpose of exercising 43
functions under the planning legislation as a building or subdivision certifier. 44
(2) This Act applies (subject to the regulations) to any such certifier in the same way that 45
it applies to a council investigation officer. 46
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Planning Administration Bill 2013 [NSW]
Part 9 Monitoring and environmental auditing of approved development
Part 9 Monitoring and environmental auditing of approved 1
development 2
9.1 Application of Part 3
(1) This Part applies to the carrying out of State significant development, or State 4
infrastructure development, that has planning approval under the planning 5
legislation. 6
(2) This Part does not affect the other provisions of the planning legislation. 7
9.2 Nature of monitoring and environmental audits 8
(1) For the purposes of this Part, monitoring of development is the monitoring of the 9
carrying out of the development to provide data on compliance with the approval of 10
the development or on the development's environmental impact. 11
(2) For the purposes of this Part, an environmental audit of development is a periodic or 12
particular documented evaluation of approved development to provide information 13
to the proponent of the development and to the persons administering the planning 14
legislation on compliance with the approval of the development or on the 15
development's environmental management or impact. 16
(3) A reference in this section to compliance with the approval of development includes 17
a reference to compliance with: 18
(a) the conditions to which the approval of the development is subject, and 19
(b) the requirements of the planning legislation and of relevant provisions of any 20
other Act referred to in Division 6.1 of Part 6 of the Planning Act 2013. 21
9.3 Minister may require monitoring or environmental audits by imposition of conditions 22
on approved development 23
(1) The Minister may, by the imposition of conditions on the approval of development, 24
require monitoring or an environmental audit or audits to be undertaken to the 25
satisfaction of the Minister by the proponent of the development. 26
(2) A condition requiring monitoring or an environmental audit may be imposed at the 27
time the approval of the development is given or at any other time by notice in 28
writing to the proponent of the development. 29
(3) Any such condition imposed by notice may be varied or revoked by a similar notice. 30
9.4 Provisions relating to conditions for monitoring and environmental audits 31
(1) A condition requiring monitoring may require: 32
(a) the provision and maintenance of appropriate measuring and recording 33
devices for the purposes of the monitoring, and 34
(b) the analysis, reporting and retention of monitoring data, and 35
(c) certification of the monitoring data (including the extent to which the terms 36
and conditions of any approval have or have not been complied with). 37
(2) A condition requiring an environmental audit must specify the purpose of the audit. 38
Such a condition may require: 39
(a) the conduct of the audit by the proponent or by an independent person or body 40
approved by the Minister or the NSW Planning Director-General (either 41
periodically or on particular occasions), and 42
(b) preparation of written documentation during the course of the audit, and 43
(c) preparation of an audit report, and 44
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Planning Administration Bill 2013 [NSW]
Part 9 Monitoring and environmental auditing of approved development
(d) certification of the accuracy and completeness of the audit report, and 1
(e) production to the Minister of the audit report. 2
9.5 Offences 3
(1) False or misleading information in monitoring or audit report 4
A person must not include information in (or provide information for inclusion in): 5
(a) a report of monitoring data, or 6
(b) an audit report produced to the Minister in connection with an environmental 7
audit, 8
if the person knows that the information is false or misleading in a material respect. 9
(2) Information not included in monitoring or audit report 10
The proponent of approved development must not fail to include information in (or 11
fail to provide information for inclusion in): 12
(a) a report of monitoring data, or 13
(b) an audit report produced to the Minister in connection with an environmental 14
audit, 15
if the proponent knows that the information is materially relevant to the monitoring 16
or audit. 17
(3) Retention of monitoring data or audit documentation 18
The proponent of approved development must: 19
(a) retain any monitoring data in accordance with the relevant condition of the 20
approval for at least 5 years after it was collected, and 21
(b) retain any documentation required to be prepared by the proponent in 22
connection with an environmental audit for a period of at least 5 years after the 23
audit report concerned was produced to the Minister, and 24
(c) produce during that period any such documentation on request to an 25
investigation officer under Part 8 who is a departmental investigation officer. 26
Maximum penalty: Tier 3. 27
9.6 Self-incriminatory information and use of information 28
(1) Information must be supplied by a person in connection with a report of monitoring 29
or an environmental audit, and this Part applies to any such information that is 30
supplied, whether or not the information might incriminate the person. 31
(2) Any information in monitoring data or in an audit report or other documentation 32
supplied to the Minister in connection with an environmental audit may be taken into 33
consideration by the Minister and used for the purposes of the planning legislation. 34
(3) Without limiting the above, any such information: 35
(a) is admissible in evidence in any prosecution of the proponent of approved 36
development for any offence (whether under the planning legislation or 37
otherwise), and 38
(b) may be disclosed by the Minister by publishing it in such manner as the 39
Minister considers appropriate. 40
Page 22
Planning Administration Bill 2013 [NSW]
Part 10 Miscellaneous
Part 10 Miscellaneous 1
10.1 Disclosure and misuse of information 2
(1) A person must not disclose any information obtained in connection with the 3
administration of the planning legislation unless that disclosure is made: 4
(a) with the consent of the person from whom the information was obtained, or 5
(b) in connection with the administration of the planning legislation, or 6
(c) for the purposes of any legal proceedings arising out of the planning 7
legislation or of any report of any such proceedings, or 8
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or 9
(e) with other lawful excuse. 10
(2) A person acting in the administration of the planning legislation must not use, either 11
directly or indirectly, information acquired by the person in that capacity, being 12
information that is not generally known but if generally known might reasonably be 13
expected to affect materially the market value or price of any land, for the purpose of 14
gaining either directly or indirectly an advantage for himself or herself, or a person 15
with whom he or she is associated. 16
(3) A person acting in the administration of the planning legislation, and being in a 17
position to do so, must not, for the purpose of gaining either directly or indirectly an 18
advantage for himself or herself, or a person with whom he or she is associated, 19
influence: 20
(a) the making of any provision of a strategic plan or infrastructure plan or of a 21
proposal for any such provision, or 22
(b) the determination of an application for planning approval, or 23
(c) a decision concerning a complying development certificate, or 24
(d) the giving of a development control order. 25
(4) In this section, a person is associated with another person if the person is the spouse, 26
de facto partner, sibling, parent or child of the other person. 27
Maximum penalty: Tier 3 or imprisonment for a term not exceeding 6 months, or 28
both. 29
Note. "De facto partner" is defined in section 21C of the Interpretation Act 1987. 30
10.2 Exclusion of personal liability 31
A matter or thing done, or omitted to be done, by: 32
(a) the Minister, or 33
(b) the NSW Planning Director-General, or 34
(c) any member of staff of the Department of Planning and Infrastructure, or 35
(d) a member of a committee or panel established by the Minister or the NSW 36
Planning Director-General under Part 2, or 37
(e) a member of the Planning Assessment Commission, or 38
(f) a member of a regional planning panel, or 39
(g) a member of a subregional planning board, or 40
(h) a member of an independent hearing and assessment panel, or 41
(i) any individual acting as an investigation officer under Part 8, or 42
(j) any individual acting under the direction of a person or body referred to above, 43
or 44
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Planning Administration Bill 2013 [NSW]
Part 10 Miscellaneous
(k) any individual acting as the delegate of a person or body referred to above, 1
does not subject the Minister, the NSW Planning Director-General or any such 2
member or individual so acting personally to any action, liability, claim or demand 3
if the matter or thing was done, or omitted to be done, in good faith for the purpose 4
of the administration of the planning legislation. 5
10.3 Delegation by public authorities other than councils and subregional planning 6
boards 7
(1) In this section, public authority does not include a council or a subregional planning 8
board. 9
Note. See sections 377-381 of the Local Government Act 1993 in relation to the delegation of 10
functions by councils. 11
(2) A public authority may delegate any function of the public authority under the 12
planning legislation (other than this power of delegation) to a member of staff of the 13
public authority. If the public authority is a chief executive officer, the function may 14
be delegated to any member of staff of the public authority of which he or she is the 15
chief executive officer. 16
(3) A member of staff of a public authority may delegate any function of the member of 17
staff under the planning legislation (other than this power of delegation) to any other 18
member of staff of the public authority. However, if the function is a delegated 19
function, the function cannot be subdelegated unless subdelegation is authorised by 20
the terms of the original delegation. 21
(4) A power conferred by this section is in addition to any other power of delegation of 22
the public authority or member of staff or any power of a person to exercise functions 23
on behalf of the public authority. 24
10.4 Publication of instruments of delegation 25
(1) Any instrument of delegation under this Act by the Minister, the Planning Ministerial 26
Corporation, the NSW Planning Director-General, the Planning Assessment 27
Commission or a regional planning panel is to be published on the NSW planning 28
portal. 29
(2) Failure to comply with this section does not affect the validity of any such delegation. 30
10.5 Regulations 31
(1) The Governor may make regulations, not inconsistent with this Act, for or with 32
respect to any matter that by this Act is required or permitted to be prescribed or that 33
is necessary or convenient to be prescribed for carrying out or giving effect to this 34
Act. 35
(2) The regulations may create offences punishable by a penalty not exceeding $11,000. 36
(3) Regulations that may be made in connection with a particular Part of this Act may be 37
made separately or by amending a Schedule to this Act that contains provisions 38
relating to that Part. 39
(4) A regulation may apply, adopt or incorporate any publication as in force from time 40
to time. 41
Page 24
Planning Administration Bill 2013 [NSW]
Schedule 1 Property provisions relating to Planning Ministerial Corporation
Schedule 1 Property provisions relating to Planning 1
Ministerial Corporation 2
(Section 3.3) 3
1.1 General land functions of Corporation 4
(1) For the purposes of the planning legislation, the Planning Ministerial Corporation 5
may, in such manner and subject to such terms and conditions as it thinks fit, sell, 6
lease, exchange or otherwise dispose of or deal with land vested in the Corporation 7
and grant easements or rights-of-way over that land or any part of it. 8
(2) Without affecting the generality of subclause (1), the Planning Ministerial 9
Corporation may, in any contract for the sale of land vested in it, include conditions 10
for or with respect to: 11
(a) the erection of any building on that land by the purchaser within a specified 12
period, or 13
(b) conferring on the Corporation an option or right to repurchase that land if the 14
purchaser has failed to comply with a condition referred to in paragraph (a), or 15
(c) conferring on the Corporation an option or right to repurchase that land if the 16
purchaser wishes to sell or otherwise dispose of that land before the expiration 17
of a specified period or requiring the purchaser to pay to the Corporation a sum 18
determined in a specified manner where the Corporation does not exercise that 19
option or right, or 20
(d) the determination of the repurchase price payable by the Corporation pursuant 21
to a condition referred to in paragraph (b) or (c). 22
(3) A condition included in a contract of sale pursuant to subclause (2) does not merge 23
in the transfer of title to the land, the subject of the contract of sale, on completion of 24
the sale. 25
(4) In addition to other functions conferred or imposed on the Planning Ministerial 26
Corporation under the planning legislation or under any other legislation, the 27
Corporation may, for the purposes of the planning legislation: 28
(a) manage land vested in the Corporation, and 29
(b) cause surveys to be made and plans of surveys to be prepared in relation to 30
land vested in the Corporation or in relation to any land proposed to be 31
acquired by the Corporation, and 32
(c) demolish, or cause to be demolished, any building on land vested in the 33
Corporation of which it has exclusive possession, and 34
(d) provide, or arrange, on such terms and conditions as may be agreed upon for 35
the location or relocation of utility services within or adjoining or in the 36
vicinity of land vested in the Corporation, and 37
(e) subdivide and re-subdivide land and consolidate subdivided or re-subdivided 38
land vested in the Corporation, and 39
(f) set out and construct roads on land vested in the Corporation or on land of 40
which the Corporation has exclusive possession, or on any other land with the 41
consent of the person in whom it is vested, and 42
(g) erect, alter, repair and renovate buildings on and make other improvements to 43
or otherwise develop land vested in the Corporation or any other land, with the 44
consent of a person in whom it is vested, and 45
(h) cause any work to be done on or in relation to any land vested in the 46
Corporation or any other land, with the consent of the person in whom it is 47
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Planning Administration Bill 2013 [NSW]
Schedule 1 Property provisions relating to Planning Ministerial Corporation
vested, for the purpose of rendering it fit to be used for any purpose for which 1
it may be used under the local plan which applies to the land, and 2
(i) by notification published in the Gazette, dedicate any land vested in the 3
Corporation as a reserve for public recreation or other public purposes and 4
fence, plant and improve any such reserve. 5
(5) In the exercise of any function under subclause (4) (f), consultations are to be held 6
with Roads and Maritime Services, the relevant council and such other persons as the 7
Minister determines. 8
(6) In relation to any land (whether vested in the Planning Ministerial Corporation or 9
not), the Corporation may exercise any function that is necessary or convenient to be 10
exercised in, or for any purpose of, the application of any part of a Planning Growth 11
Fund. 12
1.2 Power of Corporation to acquire land etc 13
(1) The Planning Ministerial Corporation may, for the purposes of the planning 14
legislation or pursuant to any function conferred or imposed on the Minister or the 15
NSW Planning Director-General by the planning control provisions of a local plan, 16
acquire land by agreement or by compulsory process in accordance with the Land 17
Acquisition (Just Terms Compensation) Act 1991. 18
(2) Without limiting the generality of subclause (1), the Planning Ministerial 19
Corporation may acquire in any manner authorised by that subclause: 20
(a) any land to which the planning control provisions of a local plan apply and 21
which the Minister considers should be made available in the public interest 22
for any purpose, or 23
(b) any land of which that proposed to be acquired under this Schedule forms part, 24
or 25
(c) any land adjoining or in the vicinity of any land proposed to be acquired under 26
this Schedule, or 27
(d) a leasehold or any other interest in land. 28
(3) The Planning Ministerial Corporation may acquire, by gift inter vivos, devise or 29
bequest, any property for the purposes of the planning legislation and may agree to 30
the condition of any such gift, devise or bequest. 31
(4) The rule of law against remoteness of vesting does not apply to any such condition 32
to which the Planning Ministerial Corporation has agreed. 33
(5) If the Planning Ministerial Corporation acquires property under subclause (3), 34
neither an instrument that effects the acquisition nor any agreement pursuant to 35
which the property is acquired is chargeable with duty under the Duties Act 1997. 36
(6) For the purposes of the Public Works Act 1912, any acquisition of land under this 37
clause is taken to be for an authorised work and the Planning Ministerial Corporation 38
is, in relation to that authorised work, taken to be the Constructing Authority. 39
Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of 40
works constructed by the Planning Ministerial Corporation. 41
1.3 Notification of interests 42
(1) The Registrar-General must, at the request of the Planning Ministerial Corporation 43
made in a manner approved by the Registrar-General and on payment of the fee 44
Page 26
Planning Administration Bill 2013 [NSW]
Schedule 1 Property provisions relating to Planning Ministerial Corporation
prescribed under the Real Property Act 1900, make, in the Register kept under that 1
Act, a recording appropriate to signify: 2
(a) that land specified in the request is held subject to a condition authorised under 3
clause 1.1 (2), or 4
(b) that a recording made pursuant to paragraph (a) has ceased to have effect. 5
(2) The Planning Ministerial Corporation is not to make a request pursuant to 6
subclause (1) (a) except for the purpose of ensuring compliance with the conditions 7
in the contract of sale under which the land was sold, but the Registrar-General is not 8
to be concerned to inquire whether any such request has been made for that purpose. 9
(3) Where a recording pursuant to subclause (1) (a) has been made in respect of any land, 10
the Registrar-General must not register under the Real Property Act 1900 a transfer 11
of that land to or by a person other than the Planning Ministerial Corporation unless 12
it would be so registrable if this Schedule had not been enacted and unless: 13
(a) a recording pursuant to subclause (1) (b) has been made in respect of the land, 14
or 15
(b) the consent of the Corporation to the transfer has been endorsed on the 16
transfer. 17
(4) When a recording is made pursuant to subclause (1) in respect of any land, the NSW 18
Planning Director-General must notify the council in whose area the land is situated 19
of the recording. 20
Page 27
Planning Administration Bill 2013 [NSW]
Schedule 2 Provisions relating to Planning Assessment Commission
Schedule 2 Provisions relating to Planning Assessment 1
Commission 2
(Section 4.5) 3
2.1 Definitions 4
In this Schedule: 5
chairperson means the person appointed by the Minister as the chairperson of the 6
Commission. 7
Commission means the Planning Assessment Commission. 8
2.2 Public hearings by Commission 9
(1) The Commission must conduct a public hearing if (and only if): 10
(a) the Commission is requested to do so by the Minister under section 4.3 (1) (c), 11
or 12
(b) the Minister has determined in a gateway determination that the Commission 13
is to conduct a public hearing into a planning proposal for provisions of a local 14
plan. 15
(2) The Commission must give reasonable notice of the public hearing: 16
(a) by advertisement published in such newspapers as the Commission thinks fit, 17
to the public, and 18
(b) by notice in writing to any public authorities that the Commission thinks are 19
likely to have an interest in the subject-matter of the public hearing. 20
(3) The notice of a public hearing must contain the following matters: 21
(a) the subject-matter of the public hearing, 22
(b) the time, date and place of the public hearing, 23
(c) a statement that submissions may be made to the Commission in relation to the 24
subject-matter concerned not later than the date specified in the notice (being 25
a date not less than 14 days after the notice is given), 26
(d) if the public hearing relates to an application for development consent--a 27
statement of the effect the public hearing will have on any appeal rights in 28
relation to the application. 29
(4) If the Commission is satisfied that it is desirable to do so in the public interest 30
because of the confidential nature of any evidence or matter or for any other reason, 31
the Commission may direct that part of any public hearing is to take place in private 32
and give directions as to the persons who may be present. 33
2.3 Attendance of witnesses and production of documents at public hearings 34
(1) The chairperson of the Commission may require a person: 35
(a) to attend a public hearing of the Commission to give evidence, or 36
(b) to produce to the Commission a document that is relevant to a public hearing 37
conducted by the Commission, 38
at a time, date and place specified in a notice given to the person. 39
(2) A person must not, without reasonable excuse, fail to comply with a requirement to 40
attend a public hearing, or to produce a document. 41
Maximum penalty: $11,000. 42
Page 28
Planning Administration Bill 2013 [NSW]
Schedule 2 Provisions relating to Planning Assessment Commission
(3) The Commission may permit a person appearing as a witness before the Commission 1
to give evidence by tendering a written statement. 2
2.4 Commission may restrict publication of evidence 3
(1) If the Commission is satisfied that it is desirable to do so in the public interest 4
because of the confidential nature of any evidence or matter or for any other reason, 5
the Commission may direct that evidence given before the Commission or contained 6
in documents lodged with the Commission not be published or may only be 7
published subject to restrictions. 8
(2) A person must not, without reasonable excuse, fail to comply with a direction given 9
by the Commission under this clause. 10
Maximum penalty: $11,000. 11
2.5 Reports by Commission after public hearing 12
(1) The Commission must provide a copy of its findings and recommendations after a 13
public hearing held by it (a final report): 14
(a) to the Minister or to such other person or body as the Minister may direct, and 15
(b) in the case of proposed development the subject of an application for 16
development consent--to the consent authority and to any public authority 17
whose concurrence is required to the development, and 18
(c) to such other persons as the Commission thinks fit. 19
(2) A final report must contain a summary of any submissions received by the 20
Commission in relation to the subject-matter of the public hearing. 21
(3) A final report is to be made publicly available on the NSW planning portal within a 22
reasonable time after it has been provided to the Minister or to a person or body 23
directed by the Minister. 24
2.6 Annual report by Commission 25
(1) The Commission must provide to the Minister an annual report on its operations in 26
the preceding year. 27
(2) An annual report is to be made publicly available on a government website within a 28
reasonable time after it has been provided to the Minister. 29
2.7 Regulations 30
The regulations may make provision for or with respect to the following: 31
(a) the procedures of the Commission, including the procedures for public 32
hearings relating to any or all, or a class, of its functions, 33
(b) without limiting paragraph (a), providing that parties are not to be represented 34
(whether by an Australian legal practitioner or any other person) or are only to 35
be represented in specified circumstances, 36
(c) requiring the provision of information to the Commission for the purposes of 37
a public hearing or the exercise of any of its other functions, 38
(d) the provision of information or reports by the Commission. 39
Page 29
Planning Administration Bill 2013 [NSW]
Schedule 3 Constitution of regional planning panels
Schedule 3 Constitution of regional planning panels 1
(Section 5.1) 2
3.1 Constitution of regional planning panels 3
The following regional planning panels are constituted for the parts of the State 4
situated within the local government areas specified in relation to each panel: 5
(a) Sydney East Regional Planning Panel--local government areas of Ashfield, 6
Botany Bay City, Burwood, Canada Bay, Canterbury City, Hunter's Hill, 7
Hurstville City, Kogarah, Lane Cove, Leichhardt, Manly, Marrickville, 8
Mosman, North Sydney, Pittwater, Randwick City, Rockdale City, Ryde City, 9
Strathfield, Sutherland Shire, Warringah, Waverley, Willoughby City and 10
Woollahra. 11
(b) Sydney West Regional Planning Panel--local government areas of Auburn, 12
Bankstown City, Blacktown City, Blue Mountains City, Camden, 13
Campbelltown City, Fairfield City, Hawkesbury City, Holroyd City, Hornsby, 14
Ku-ring-gai, Liverpool City, Parramatta City, Penrith City, The Hills Shire 15
and Wollondilly. 16
(c) Hunter and Central Coast Regional Planning Panel--local government areas 17
of Cessnock City, Dungog, Gloucester, Gosford City, Great Lakes, Greater 18
Taree City, Lake Macquarie City, Maitland City, Muswellbrook, Newcastle 19
City, Port Stephens, Singleton, Upper Hunter Shire and Wyong. 20
(d) Northern Regional Planning Panel--local government areas of Armidale 21
Dumaresq, Ballina, Bellingen, Byron, Clarence Valley, Coffs Harbour City, 22
Glen Innes Severn, Gunnedah, Guyra, Gwydir, Inverell, Kempsey, Kyogle, 23
Lismore City, Liverpool Plains, Moree Plains, Nambucca, Narrabri, Port 24
Macquarie-Hastings, Richmond Valley, Tamworth Regional, Tenterfield, 25
Tweed, Uralla and Walcha. 26
(e) Southern Regional Planning Panel--local government areas of City of Albury, 27
Bega Valley, Bombala, Boorowa, Coolamon, Cooma-Monaro Shire, 28
Cootamundra, Eurobodalla, Goulburn Mulwaree, Greater Hume Shire, 29
Gundagai, Harden, Junee, Kiama, Lockhart, Palerang, Queanbeyan City, 30
Shellharbour City, Shoalhaven City, Snowy River, Temora, Tumbarumba, 31
Tumut Shire, Upper Lachlan Shire, Wagga Wagga City, Wingecarribee, 32
Wollongong City, Yass Valley and Young. 33
(f) Western Regional Planning Panel--local government areas of Balranald, 34
Bathurst Regional, Berrigan, Bland, Blayney, Bogan, Bourke, Brewarrina, 35
Broken Hill City, Cabonne, Carrathool, Central Darling, Cobar, Conargo, 36
Coonamble, Corowa Shire, Cowra, Deniliquin, Dubbo City, Forbes, 37
Gilgandra, Griffith City, Hay, Jerilderie, Lachlan, Leeton, City of Lithgow, 38
Mid-Western Regional, Murray, Murrumbidgee, Narrandera, Narromine, 39
Oberon, Orange City, Parkes, Urana, Wakool, Walgett, Warren, 40
Warrumbungle Shire, Weddin, Wellington and Wentworth. 41
Page 30
Planning Administration Bill 2013 [NSW]
Schedule 4 Constitution of subregional planning boards
Schedule 4 Constitution of subregional planning boards 1
(Section 6.1) 2
4.1 Constitution 3
The following are constituted as subregional planning boards: 4
Note. The boards and their respective subregions to be inserted by Ministerial order. 5
Page 31
Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
Schedule 5 Provisions relating to planning bodies 1
(Sections 2.3, 4.5, 5.4 and 6.4) 2
Part 1 Preliminary 3
5.1 Definitions 4
In this Schedule: 5
appoint means nominate in relation to a council nominee of a regional planning panel 6
or a subregional planning board. 7
member means the chairperson, council nominee or other member of a planning 8
body. 9
planning body means any of the following: 10
(a) the Planning Assessment Commission, 11
(b) a regional planning panel, 12
(c) a subregional planning board, 13
(d) a committee or panel established by the Minister or NSW Planning 14
Director-General under section 2.3 of this Act. 15
Part 2 Provisions relating to members 16
5.2 Terms of office of members 17
(1) A member of a planning body holds office, subject to this Act and the regulations, 18
for such period as is specified in the member's instrument of appointment: 19
(a) in the case of the Planning Assessment Commission--not exceeding 3 years, 20
or 21
(b) in the case of a regional planning panel--not exceeding 3 years, or 22
(c) in the case of a subregional planning board--not exceeding 4 years. 23
(2) That period may be determined by reference to the occurrence of a specified event or 24
the completion of the exercise of particular functions of the planning body. 25
(3) A member is eligible (if otherwise qualified) for re-appointment. 26
(4) A member of the Planning Assessment Commission may not hold office as a member 27
for more than 6 years in total. 28
5.3 Full-time or part-time office 29
(1) The Minister may appoint a member of the Planning Assessment Commission on 30
either a full-time or part-time basis. The Minister may change the basis of the 31
appointment during the member's term of office. 32
(2) The office of a member of any other planning body is a part-time office. 33
5.4 Deputy chairperson--regional planning panels and subregional planning boards 34
(1) A regional planning panel or subregional planning board may elect a deputy 35
chairperson from among its State members. 36
(2) The deputy chairperson vacates office as deputy chairperson if he or she: 37
(a) is removed from that office by the panel or board, or 38
(b) resigns that office by instrument in writing addressed to the panel or board, or 39
(c) ceases to be a member of the panel or board. 40
Page 32
Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
5.5 Remuneration of members 1
(1) A member of a planning body (other than a full-time member of the Planning 2
Assessment Commission) is entitled to be paid such remuneration (including 3
travelling and subsistence allowances) as the Minister may from time to time 4
determine in respect of the member. 5
(2) A full-time member of the Planning Assessment Commission is entitled to be paid: 6
(a) remuneration in accordance with the Statutory and Other Offices 7
Remuneration Act 1975, and 8
(b) such travelling and subsistence allowances as the Minister may from time to 9
time determine in respect of the member. 10
5.6 Alternate members (except for Planning Assessment Commission) 11
(1) In this clause: 12
appointing authority for a member of a planning body means the Minister, the NSW 13
Planning Director-General or the council that appointed the member. 14
planning body does not include the Planning Assessment Commission. 15
(2) The appointing authority may, from time to time, appoint a person to be the alternate 16
of a member of a planning body, and may revoke any such appointment. 17
(3) In the absence of a member, the member's alternate may, if available, act in the place 18
of the member. 19
(4) While acting in the place of a member, a person has all the functions of the member 20
and is taken to be a member. 21
(5) A person may be appointed as the alternate of 2 or more members, but may represent 22
only one of those members at any meeting of the planning body. 23
(6) In the case of State members of a regional planning panel or a subregional planning 24
board, a number of persons may be appointed as the alternate of one or more 25
members. The person who may act in the place of a member on any particular 26
occasion is the person determined by the chairperson of the panel or board 27
concerned. 28
(7) A person while acting in the place of a member is entitled to be paid such 29
remuneration (including travelling and subsistence allowances) as the Minister may 30
from time to time determine in respect of the person. 31
(8) If the chairperson of a planning body is appointed from among a number of members 32
of the body, the alternate of a member who is the chairperson does not have the 33
member's functions as chairperson unless the appointing authority authorises the 34
alternate to exercise those functions. 35
5.7 Removal from office of members 36
(1) Except as provided by this clause, the Minister may remove a member of a planning 37
body from office for any or no stated reason and without notice. 38
(2) The Minister may only remove a member of the Planning Assessment Commission 39
from office if the Independent Commission Against Corruption, in a report referred 40
to in section 74C of the Independent Commission Against Corruption Act 1988, 41
recommends that consideration be given to the removal of the member from office 42
because of corrupt conduct by the member. 43
(3) In the case of a council nominee of a regional planning panel or a subregional 44
planning board, the applicable council may remove the member from office for any 45
or no stated reason and without notice. The Minister may also remove the member 46
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Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
from office, but only if the Independent Commission Against Corruption has made a 1
recommendation of the kind referred to in subclause (2). 2
5.8 Vacancy in office of member 3
(1) The office of a member becomes vacant if the member: 4
(a) dies, or 5
(b) completes a term of office and is not re-appointed, or 6
(c) resigns the office by instrument in writing addressed to the Minister (or, in the 7
case of a council nominee of a regional planning panel or subregional planning 8
board, addressed to the applicable council), or 9
(d) is removed from office under this or any other Act, or 10
(e) is absent from 3 consecutive meetings of the planning body of which 11
reasonable notice has been given to the member personally or by post, except 12
on leave granted by the planning body or unless the member is excused by the 13
planning body for having been absent from those meetings, or 14
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 15
bankrupt or insolvent debtors, compounds with his or her creditors or makes 16
an assignment of his or her remuneration for their benefit, or 17
(g) becomes a mentally incapacitated person, or 18
(h) is convicted in New South Wales of an offence that is punishable by 19
imprisonment for 12 months or more or is convicted elsewhere than in New 20
South Wales of an offence that, if committed in New South Wales, would be 21
an offence so punishable. 22
(2) If the office of a member becomes vacant, a person may, subject to this Act and the 23
regulations, be appointed to fill the vacancy. 24
5.9 Chairperson--vacation of office 25
(1) If the chairperson of a planning body is appointed by the Minister or the NSW 26
Planning Director-General from among a number of members of the body, the person 27
vacates office as chairperson if he or she: 28
(a) is removed from the office of chairperson by the Minister or the NSW 29
Planning Director-General, or 30
(b) resigns the office of chairperson by instrument in writing addressed to the 31
Minister or the NSW Planning Director-General. 32
(2) A person vacates office as chairperson of a planning body if the person vacates office 33
as a member of the body. 34
5.10 Effect of certain other Acts 35
(1) The statutory provisions relating to the employment of Public Service employees do 36
not apply to the appointment or office of a member. 37
(2) If by or under any Act provision is made: 38
(a) requiring a person who is the holder of a specified office to devote the whole 39
of his or her time to the duties of that office, or 40
(b) prohibiting the person from engaging in employment outside the duties of that 41
office, 42
the provision does not operate to disqualify the person from holding that office and 43
also the office of a member or from accepting and retaining any remuneration 44
payable to the person under this Act as a member. 45
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Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
Part 3 Provisions relating to procedure 1
5.11 General procedure 2
(1) The procedure for the calling of meetings of a planning body and for the conduct of 3
business at those meetings is, subject to the planning legislation and any directions 4
by the Minister, to be as determined by the planning body. 5
(2) Subject to this clause, a planning body is not bound by the rules of evidence. 6
(3) Nothing in this Schedule derogates from any law relating to Crown privilege. 7
5.12 Quorum 8
The quorum for a meeting of a planning body is a majority of its members for the 9
time being. 10
5.13 Presiding member 11
(1) The chairperson or, in the absence of the chairperson, the deputy chairperson (if any) 12
or a person elected by the members, is to preside at a meeting of a planning body. 13
(2) In the case of the Planning Assessment Commission, the chairperson may appoint a 14
member to preside at a meeting of the Commission, in which case a reference in 15
subclause (1) to the chairperson includes a reference to any such appointed member. 16
(3) The presiding member has a deliberative vote and, in the event of an equality of 17
votes, has a second or casting vote. 18
5.14 Voting 19
A decision supported by a majority of the votes cast at a meeting of a planning body 20
at which a quorum is present is the decision of the planning body. 21
5.15 Public meetings 22
A planning body may (unless the Minister otherwise directs) conduct its meetings in 23
public, and is required to do so for the conduct of any business that is required to be 24
conducted in public by a direction of the Minister. 25
5.16 Transaction of business outside meetings or by telephone etc 26
(1) A planning body may, if it thinks fit, transact any of its business by the circulation of 27
papers among all the members of the planning body for the time being, and a 28
resolution in writing approved in writing by a majority of those members is taken to 29
be a decision of the planning body. 30
(2) A planning body may, if it thinks fit, transact any of its business at a meeting at which 31
members (or some members) participate by telephone, closed-circuit television or 32
other means, but only if any member who speaks on a matter before the meeting can 33
be heard by the other members. 34
(3) For the purposes of: 35
(a) the approval of a resolution under subclause (1), or 36
(b) a meeting held in accordance with subclause (2), 37
the chairperson and each member of the planning body have the same voting rights 38
as they have at an ordinary meeting of the planning body. 39
(4) A resolution approved under subclause (1) is to be recorded in the minutes of the 40
meetings of the planning body. 41
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Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
(5) Papers may be circulated among the members for the purposes of subclause (1) by 1
electronic transmission of the information in the papers concerned. 2
5.17 Disclosure of pecuniary interests 3
(1) If: 4
(a) a member has a pecuniary interest in a matter being considered or about to be 5
considered at a meeting of the planning body, and 6
(b) the interest appears to raise a conflict with the proper performance of the 7
member's duties in relation to the consideration of the matter, 8
the member must, as soon as possible after the relevant facts have come to the 9
member's knowledge, disclose the nature of the interest at a meeting of the planning 10
body. 11
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest 12
of: 13
(a) the member, or 14
(b) the member's spouse or de facto partner or a relative of the member, or a 15
partner or employer of the member, or 16
(c) a company or other body of which the member, or a nominee, partner or 17
employer of the member, is a member. 18
(3) However, a member is not taken to have a pecuniary interest in a matter as referred 19
to in subclause (2) (b) or (c): 20
(a) if the member is unaware of the relevant pecuniary interest of the spouse, de 21
facto partner, relative, partner, employer or company or other body, or 22
(b) just because the member is a member of, or is employed by, a council or a 23
statutory body or is employed by the Crown, or 24
(c) just because the member is a member of, or a delegate of a council to, a 25
company or other body that has a pecuniary interest in the matter, so long as 26
the member has no beneficial interest in any shares of the company or body. 27
(4) A disclosure by a member at a meeting of the planning body that the member, or a 28
spouse, de facto partner, relative, partner or employer of the member: 29
(a) is a member, or is in the employment, of a specified company or other body, or 30
(b) is a partner, or is in the employment, of a specified person, or 31
(c) has some other specified interest relating to a specified company or other body 32
or to a specified person, 33
is a sufficient disclosure of the nature of the interest in any matter relating to that 34
company or other body or to that person which may arise after the date of the 35
disclosure and which is required to be disclosed under subclause (1). 36
(5) Particulars of any disclosure made under this clause must be recorded by the 37
planning body and that record must be open at all reasonable hours to inspection by 38
any person on payment of the fee determined by the planning body. 39
(6) After a member has disclosed the nature of an interest in any matter, the member 40
must not, unless the Minister or the planning body otherwise determines: 41
(a) be present during any deliberation of the planning body with respect to the 42
matter, or 43
(b) take part in any decision of the planning body with respect to the matter. 44
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Planning Administration Bill 2013 [NSW]
Schedule 5 Provisions relating to planning bodies
(7) For the purposes of the making of a determination by the planning body under 1
subclause (6), a member who has a direct or indirect pecuniary interest in a matter to 2
which the disclosure relates must not: 3
(a) be present during any deliberation of the planning body for the purpose of 4
making the determination, or 5
(b) take part in the making by the planning body of the determination. 6
(8) A contravention of this clause does not invalidate any decision of the planning body. 7
(9) This clause extends to a council nominee of a regional planning panel or of a 8
subregional planning board, and the provisions of Part 2 (Duties of disclosure) of 9
Chapter 14 of the Local Government Act 1993 do not apply to any such nominee 10
when exercising functions as a member of the panel or board. 11
5.18 Provision of information by planning bodies
A planning body must provide the Minister with such information and reports as the 12
Minister may, from time to time, request. 13
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Planning Administration Bill 2013 [NSW]
Schedule 6 Savings, transitional and other provisions
Schedule 6 Savings, transitional and other provisions 1
Part 1 General 2
6.1 Definitions 3
In this Schedule: 4
assets means any legal or equitable estate or interest (whether present or future and 5
whether vested or contingent and whether personal or assignable) in real or personal 6
property of any description (including money), and includes securities, choses in 7
action and documents. 8
liabilities means all liabilities, debts and obligations (whether present or future and 9
whether vested or contingent and whether personal or assignable). 10
rights means all rights, powers, privileges and immunities (whether present or future 11
and whether vested or contingent and whether personal or assignable). 12
the former Act means the Environmental Planning and Assessment Act 1979. 13
6.2 Regulations 14
(1) The regulations may contain provisions of a savings or transitional nature consequent 15
on the enactment of this Act, the Planning Act 2013 or any Act that amends this Act. 16
(2) Any such provision may, if the regulations so provide, take effect from the date of 17
assent to the Act concerned or a later date. 18
(3) To the extent to which any such provision takes effect from a date that is earlier than 19
the date of its publication on the NSW legislation website, the provision does not 20
operate so as: 21
(a) to affect, in a manner prejudicial to any person (other than the State or an 22
authority of the State), the rights of that person existing before the date of its 23
publication, or 24
(b) to impose liabilities on any person (other than the State or an authority of the 25
State) in respect of anything done or omitted to be done before the date of its 26
publication. 27
(4) Any such provision has effect despite anything to the contrary in this Schedule. 28
(5) The regulations may make separate savings or transitional provisions or amend this 29
Schedule to consolidate the savings and transitional provisions. 30
Part 2 Provisions consequent on enactment of this Act 31
6.3 Planning Ministerial Corporation 32
(1) The Planning Ministerial Corporation constituted under Part 3 of this Act is taken for 33
all purposes, including the rules of private international law, to be a continuation of, 34
and the same legal entity as, the corporation constituted as the "Minister 35
administering the Environmental Planning and Assessment Act 1979" under 36
section 8 of the former Act. 37
(2) Without limiting the operation of this clause, the assets, rights and liabilities of the 38
corporation constituted under section 8 of the former Act are the assets, rights and 39
liabilities of the Planning Ministerial Corporation. 40
6.4 Planning Assessment Commission 41
(1) The Planning Assessment Commission constituted under Part 4 of this Act is taken 42
for all purposes, including the rules of private international law, to be a continuation 43
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Planning Administration Bill 2013 [NSW]
Schedule 6 Savings, transitional and other provisions
of, and the same legal entity as, the Planning Assessment Commission established 1
under section 23B of the former Act. 2
(2) Without limiting the operation of this clause, the assets, rights and liabilities of the 3
Planning Assessment Commission established under section 23B of the former Act 4
are the assets, rights and liabilities of the Planning Assessment Commission 5
established under Part 4 of this Act. 6
(3) A person holding office as a member of the Planning Assessment Commission 7
established under section 23B of the former Act immediately before the repeal of the 8
former Act is taken to have been appointed as a member of the Planning Assessment 9
Commission established under Part 4 of this Act for the balance of the member's 10
term of office under the former Act. 11
6.5 Regional planning panels 12
(1) A person holding office as a member of a joint regional planning panel (including a 13
council nominee) under section 23G of, and Schedule 4 to, the former Act 14
immediately before the repeal of the former Act is taken to have been appointed or 15
nominated as a member of the corresponding regional planning panel established 16
under this Act for the balance of the person's term of office under the former Act. 17
(2) A reference in this clause to a member includes a reference to an alternate of a 18
member appointed under the former Act. 19
6.6 Subregional planning boards 20
Note. Committees are to be established under the former Act that will become subregional 21
planning boards on the commencement of this Act and the listing by order of the relevant 22
boards in Schedule 4 to this Act. Relevant savings and transitional provisions will be included 23
here. 24
6.7 Delegation of functions under former Act 25
A delegation of functions under the former Act may be recognised by the delegator, 26
by notice published on the NSW planning portal, as a delegation of a corresponding 27
function under the planning legislation. Any such delegation has effect as a 28
delegation under the planning legislation according to the tenor of the notice. 29
6.8 Administration of, or functions under, the planning legislation--former Act 30
For the purposes of this Act, the administration of, or functions under, the planning 31
legislation is taken to include the administration of, or functions under, the former 32
Act. 33
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