New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.8

4.8 Exercise of consent authority functions on behalf of councils where local planning panel constituted

(cf previous s 23I)

(1) This section applies in respect of an area of a council for which a local planning panel has been constituted.

(2) The functions of a council as a consent authority in respect of any such area are not exercisable by the councillors. They are exercisable on behalf of the council by--

(a) the local planning panel, or

(b) an officer or employee of the council to whom the council delegates those functions.

(3) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the development applications that are to be determined on behalf of the council by a local planning panel.

(4) For the purposes of this section, the functions of a council as consent authority include--

(a) the determination of development applications, and

(b) without limiting paragraph (a), the functions of a consent authority under Divisions 4.3 and 4.4 and sections 4.34, 4.54(2), 4.56(2), 4.57, 7.7, 7.11, 7.12, 7.13, 7.14, 7.15, 7.28 and 7.32, and

(c) the functions of a consent authority or council under this Act or any other Act that relate to the carrying out of development (including the making of development applications) and that are declared by the regulations to be functions of a council as consent authority,

but do not include the functions of a consent authority or council that the regulations declare are not the functions of a council as consent authority.

(5) In this section,
"development applications" includes applications to modify development consents.