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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 2.16
Miscellaneous provisions relating to Sydney district and regional planning panels
2.16 Miscellaneous provisions relating to Sydney district and regional
planning panels
(cf previous ss 23H, 118AD, 118AE)
(1) Schedule 2 contains provisions with
respect to the members and procedure of
Sydney district or regional planning panels.
(2) A
Sydney district or regional planning panel is required to give written reasons
for its decisions and make them publicly available on a website of or used by
the panel. A decision is not invalid merely because of a failure to give or
publish the reasons or all of the reasons for the decision.
(3) The
regulations may make provision for or with respect to the following-- (a) the
functions conferred under this Act on a
Sydney district or regional planning panel, including its procedures in
exercising its functions,
(b) without limiting paragraph (a), providing that
parties to matters being determined by a
Sydney district or regional planning panel are not to be represented (whether
by an Australian legal practitioner or any other person) or are only to be
represented in specified circumstances,
(c) the provision of information and
reports by Sydney district or regional planning panels.
(4) The
Planning Secretary is, in the annual report of the Department of Planning and
Environment, to report on the activities of
Sydney district or regional planning panels during the reporting year under
section 9.6.
(5) Legal proceedings by or against a
Sydney district or regional planning panel are to be taken in the name of the
panel and not by or against the members of the panel.
(6) A
Sydney district or regional planning panel may, with the approval of the
Minister, delegate any function of the panel under this or any other Act
(other than this power of delegation) to-- (a) a council, or
(b) a
local planning panel of a council, or
(c) the general manager or other staff
of a council,
for any area or part of any area for which the
Sydney district or regional planning panel is constituted.
(7) For the
avoidance of doubt, a member of a Sydney district or regional planning panel
is a public official for the purposes of the
Independent Commission Against Corruption Act 1988 .
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