New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.63

4.63 Voluntary surrender of development consent

(cf previous s 104A)

(1) A development consent may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the consent.

(2) A development consent may be surrendered under this section even if, on an appeal under Part 8, the consent has ceased to be, or does not become, effective.

(3) If a development consent is to be surrendered as a condition of a new development consent and the development to be authorised by that new development consent includes the continuation of any of the development authorised by the consent to be surrendered--

(a) the consent authority is not required to re-assess the likely impact of the continued development to the extent that it could have been carried out but for the surrender of the consent, and

(b) the consent authority is not required to re-determine whether to authorise that continued development under the new development consent (or the manner in which it is to be carried out), and

(c) the consent authority may modify the manner in which that continued development is to be carried out for the purpose of the consolidation of the development consents applying to the land concerned.

In this subsection, a reference to a development consent that is to be surrendered includes a reference to the surrender of a development consent under section 4.17(5) or the surrender of an approval given under Part 3A when that Part was in force or continued in operation.