New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.38

7.38 Constitution of development areas

(cf previous s 132)

(1) Development areas may be constituted in accordance with this section.

(2) The Planning Secretary may, by notice published in the Gazette, notify a proposal to constitute as a development area any area or areas or parts of areas specified in the notice.

(3) In determining which areas or parts of areas should be included in the development area, the Planning Secretary shall have regard to any environmental planning instruments relating to those areas or parts, environmental planning principles and such other matters as the Planning Secretary thinks fit.

(4) Within 14 days after the publication in the Gazette of the notice referred to in subsection (2), the Planning Secretary shall, in the prescribed manner, notify the councils of the areas or parts of areas proposed to be included in the development area of the proposal and the reasons therefor and otherwise publicise the proposal.

(5) Any person may, by notice in writing, lodge with the Planning Secretary, within 3 months after the publication in the Gazette of the notice referred to in subsection (2), representations in relation to the proposal.

(6) Where representations have been lodged under subsection (5), the Planning Secretary shall refer the matter to the Minister who shall either--

(a) confirm the proposal, or

(b) alter the proposal by excluding, from the proposed development area, any area or part of an area other than an area or part in which the Planning Ministerial Corporation has acquired land pursuant to Part 6 of Schedule 2.

(7) If the Minister has requested that a review be held by the Independent Planning Commission with respect to the proposal, the Minister must not determine the application until after--

(a) the review has been held, and

(b) the Minister has considered the findings and recommendations of the Commission following the review.

(8) If no representations are lodged under subsection (5), the proposal shall be deemed to be confirmed immediately on the expiry of the period allowed for the lodgment of representations.

(9) The areas or parts of areas specified in the proposal as confirmed or altered shall, upon publication in the Gazette of a notice constituting them as a development area, be constituted as a development area under the name specified in the notice.