Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to change the procedures for appointing planning
administrators, and to change the functions of such administrators, so that a council's
development consent powers and other decision-making functions are maintained,
except in the limited circumstances where an administrator can exercise them
(namely, if the planning administrator is of the opinion that the council has exercised
the functions in a manner that fails to comply with the council's obligations under the
planning legislation or in a manner that is not in the best interests of the community
served by the council). The Bill also abolishes planning assessment panels.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

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Explanatory note page 2

Environmental Planning and Assessment Amendment (Maintenance of Local Government
Development Consent Powers) Bill 2010
Explanatory note
Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979 No 203
Schedule 1 [4] inserts the following new provisions concerning planning
administrators:

Subdivision 1 Preliminary
Proposed section 117C defines terms used in the proposed provisions. In particular,
it defines prescribed planning functions, which are the only functions that a
planning administrator can exercise, as:

(a) the refusal of consent to a development application, or

(b) the granting of consent to a development application, or

(c) the imposition of conditions on a development consent, or

(d) the modification of conditions on a development consent, or

(e) the extension of the term of a development consent, or

(f) any other function as a consent authority conferred by an environmental
planning instrument, or

(g) a function of a relevant planning authority relating to the making of an
environmental planning instrument under Part 3 of the Environmental
Planning and Assessment Act 1979, or

(h) a function of a council relating to the making of an environmental planning
instrument under Division 1 of Part 2 of Chapter 6 of the Local Government
Act 1993, or
        (i) a function relating to the preparation, making and approval of a development
control plan, or

(j) a function relating to the preparation and approval of a contribution plan.

Subdivision 2 Appointment of planning administrators
Proposed section 117D constitutes the Panel for the Review of Councils, the
functions of which are to advise the Minister about the need to provide assistance to
councils in the exercise of their prescribed planning functions and to advise the
Minister about the need to appoint planning administrators for particular councils.

Proposed section 117E provides that the Panel may advise the Minister as to
whether or not to appoint a planning administrator for a particular council. The Panel
may provide such advice at the request of the Minister or if the Independent
Commission Against Corruption has made certain recommendations in relation to
the council.

Proposed section 117F provides for the Minister to appoint a planning administrator
for a particular council, after giving notice to the council.

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Explanatory note page 3

Environmental Planning and Assessment Amendment (Maintenance of Local Government
Development Consent Powers) Bill 2010
Explanatory note
Subdivision 3 Functions of planning administrators
Proposed section 117G confers functions on a planning administrator appointed for
a particular council, which include providing advice to the council in relation to the
exercise by the council of its prescribed planning functions and assisting the council
in making improvements to its governance and to the process by which it exercises
its prescribed planning functions. In certain limited circumstances, the planning
administrator can reverse the exercise of one or more of the prescribed planning
functions of the council or seek the revocation by the Minister of any delegation of a
prescribed planning function made by a council to its general manager.

Proposed section 117H provides that a planning administrator appointed for a
particular council may reverse the exercise of a planning function of the council and
exercise the planning function in the place of the council, but only if the planning
administrator is of the opinion that the council has exercised a prescribed planning
function in a manner that fails to comply with the council's obligations under the
planning legislation or in a manner that is not in the best interests of the community
served by the council.

Proposed section 117I provides that the appointment of a planning administrator for
a particular council does not affect any delegation of a prescribed planning function
made by the council to its general manager, but the planning administrator may apply
to the Minister for the revocation of any or all delegations by the council to its general
manager or that other person in relation to prescribed planning functions.

Subdivision 4 Reporting of planning administrators
Proposed section 117J provides for a planning administrator to provide an interim
review and progress report about the first 6 months of the administrator's
appointment. That report must include an evaluation of the key performance
indicators that relate to the decision-making of the council.

Proposed section 117K provides for a planning administrator to provide an annual
report about the first 12 months of the administrator's appointment. That report must
include an evaluation of the key performance indicators that relate to the
decision-making of the council and a recommendation as to the need for the
continuation or otherwise of the period of planning administration.

Proposed section 117L provides for the Minister to extend the term of appointment
of the planning administrator if the administrator's annual report recommends the
continuation.

Proposed section 117M makes it clear that the Minister can terminate the
appointment of a planning administrator for any other reason.

Subdivision 5 Miscellaneous
Proposed section 117N makes it clear that the proposed provisions do not affect the
power of the Governor to dismiss the mayor and councillors of a council.

Schedule 1 [1]-[3], [5]-[19] and [24] are consequential on the revision of provisions
about planning administrators and the abolition of planning assessment panels.

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Explanatory note page 4

Environmental Planning and Assessment Amendment (Maintenance of Local Government
Development Consent Powers) Bill 2010
Explanatory note
Schedule 1 [20]-[23] extend a provision that protects the exercise of certain
functions of Ministers so that it applies to planning administrators. The Minister may
consent to the provision being over-ridden.

Schedule 1 [25] provides for the making of savings and transitional regulations
consequent on the enactment of the proposed Act.

Schedule 1 [26] revokes any existing appointments of planning administrators and
planning assessment panels.

Schedule 1 [27] makes provision for the membership and procedure of the Panel for
the Review of Councils.

Schedule 2 Amendment of Independent
Commission Against Corruption Act
1988 No 35
Schedule 2 makes a consequential amendment. It modifies the power of the
Independent Commission Against Corruption to recommend that a person be
appointed under the Environmental Planning and Assessment Act 1979 to administer
the functions of a council because of serious corrupt conduct by any of the
councillors in connection with the exercise or purported exercise of functions under
that Act. The amended provision instead provides for the Commission to recommend
the appointment of a planning administrator or regional panel to exercise planning
functions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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