New South Wales Consolidated Acts New South Wales Consolidated ActsMinimum public exhibition period for draft community participation plans--28 days.
(cf previous s
75AH)
Minimum public exhibition period for draft regional or district strategic
plans--45 days.
Minimum public exhibition period for draft local strategic planning statements--28 days.
(cf previous s 57)
Minimum public exhibition period for planning proposals for
local environmental plans subject to a gateway determination--
(a) if the gateway determination for the proposal specifies a period of public exhibition--the period so specified, or
(b) if the gateway determination for the proposal specifies that no public exhibition is required because of the minor nature of the proposal--no public exhibition, or
(c) otherwise--28 days.
(cf previous cl 18(2) of EPA
Reg)
Minimum public exhibition period for draft development control plans--28 days.
(cf previous cl 26(4) of EPA Reg)
Minimum public exhibition period for draft contribution plans--28 days.
(1) Minimum public exhibition period for an application for development consent (other than for a complying development certificate, for designated development, for nominated integrated development, for threatened species development or for State significant development)--(a) if the relevant community participation plan specifies a period of public exhibition for the application--the period so specified, or(b) if the relevant community participation plan specifies that no public exhibition is required for the application--no public exhibition, or(c) otherwise--14 days.
(2) In this clause--
"nominated integrated development" means integrated development that requires an approval (within the meaning of section 4.45) under--(a) a provision of the Heritage Act 1977 specified in section 4.46(1), or(b) a provision of the Water Management Act 2000 specified in section 4.46(1), or(c) a provision of the Protection of the Environment Operations Act 1997 specified in section 4.46(1).
"threatened species development" means development to which section 7.7(2) of the Biodiversity Conservation Act 2016 or section 221ZW of the Fisheries Management Act 1994 applies.
(cf previous
s 79)
Minimum public exhibition period for an application for development consent
for designated development--28 days.
(1) Minimum public exhibition period for an application for development consent for nominated integrated development or threatened species development--28 days.
(2) In this clause--
"nominated integrated development" means integrated development that requires an approval (within the meaning of section 4.45) under--(a) a provision of the Heritage Act 1977 specified in section 4.46(1), or(b) a provision of the Water Management Act 2000 specified in section 4.46(1), or(c) a provision of the Protection of the Environment Operations Act 1997 specified in section 4.46(1).
"threatened species development" means development to which section 7.7(2) of the Biodiversity Conservation Act 2016 or section 221ZW of the Fisheries Management Act 1994 applies.
(cf
previous s 89F)
Minimum public exhibition period for an application for development consent
for State significant development--28 days.
Minimum public exhibition period for an application for development consent for category 1 remediation work under State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 4--28 days.
(1) Minimum public exhibition period for a council-related development application--28 days.
(2) In this clause--
"council-related development application" means a development application, for which a council is the consent authority, that is--(a) made by or on behalf of the council, or(b) for development on land, other than a public road within the meaning of the Local Government Act 1993 --(i) of which the council is an owner, a lessee or a licensee, or(ii) otherwise vested in or under the control of the council.Note--: Land vested in or under the control of the council includes public land within the meaning of the Local Government Act 1993 .
Minimum public exhibition period for an application for modification of development consent that is required to be publicly exhibited by the regulations--
(a) if the relevant community participation plan specifies a period of public exhibition for the application--the period so specified, or
(b) otherwise--14 days.
(cf previous s
113)
Minimum public exhibition period for an environmental impact statement
obtained under Division 5.1--28 days.
(cf previous s 115Z)
Minimum public exhibition period for an environmental impact statement for
State significant infrastructure under Division 5.2--28 days.
Minimum public exhibition period for re-exhibition of any amended application or matter referred to above required by or under this Schedule--the period (if any) determined by the person or body responsible for publicly exhibiting the application or matter.
(1) If this Part requires a plan, application or other matter to be publicly exhibited, the plan or application is not to be made or determined (or the other matter finalised) until after the minimum period of public exhibition under this Part.
(2) If the plan, application or other matter is placed on public exhibition for a specified longer period, the plan or application is not to be made or determined (or the other matter finalised) until after that specified longer period.
(1) Submissions with respect to a plan, application or other matter may be made during the minimum period of its public exhibition under this Part.
(2) If the plan, application or other matter is placed on public exhibition for a specified longer period, submissions may be made during that specified longer period.
The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition.
Note--: See also section 36(2) of the Interpretation Act 1987 for the applicable rule where an exhibition period includes a weekend or public holiday.
If a particular matter has different exhibition or notification periods that apply under this Part, the longer period applies.
A public authority is not required to make available for public inspection any part of an environmental impact statement whose publication would, in the opinion of the public authority, be contrary to the public interest because of its confidential nature or for any other reason.
The mandatory notification requirements of development and other applications under this Act and of the making of decisions with respect to those applications under this Act are the requirements prescribed by this Part, or the requirements prescribed by the regulations, as mandatory notification requirements.
(1) This clause applies to the following decisions--(a) the determination by the Minister (or the Independent Planning Commission) of an application for State significant infrastructure,(b) the determination by the Minister (or the Independent Planning Commission) of a request for a modification of an approval for State significant infrastructure (being a request that was publicly exhibited),(c) the determination by a consent authority of an application for development consent,(d) the determination by a consent authority of an application for the modification of a development consent (being an application that was publicly exhibited),(e) the granting of an approval, or the decision to carry out development, by a determining authority where an environmental impact statement was publicly exhibited under Division 5.1.
(2) The mandatory notification requirement in relation to a decision to which this clause applies is public notification of--(a) the decision, and(b) the date of the decision, and(c) the reasons for the decision (having regard to any statutory requirements applying to the decision), and(d) how community views were taken into account in making the decision.
(3) The requirement in subclause (2)(c) may be satisfied by reference to any document that contains the reasons for decision.
The mandatory notification or advertising period for an application for the review of a determination or decision of a consent authority under sections 8.2 and 8.3 is--
(a) if the relevant community participation plan specifies a mandatory notification or advertising period for the application--the period so specified, or
(b) otherwise--14 days.
The regulations may amend Part 1 of this Schedule--
(a) to prescribe additional mandatory requirements for community participation, or
(b) to make other changes to that Part.
(1) The regulations may set out the method of public exhibition under this Act, how people can make submissions and how people can obtain further information.
(2) The regulations may specify the requirements for something to be considered a submission for the purposes of this Act.
(1) The regulations may specify the circumstances in which a plan or other matter is required or not required to be re-exhibited.
(2) Re-exhibition is not required if the environmental impact of the development has been reduced or not increased.
The regulations may require applicants for development consent or other approvals under this Act (or for the modification of any such consent or approval) to undertake community consultation in relation to their applications.