New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SCHEDULE 3

SCHEDULE 3 – NSW planning portal and online delivery of planning services and information

1 Establishment, content and maintenance of NSW planning database

(cf previous s 158C)

(1) The NSW planning database is established for the purposes of this Act.
(2) The NSW planning database is an electronic repository of--
(a) documents that are required by or under this Act to be published on the NSW planning portal, and
(b) environmental planning instruments, plans or other documents that are required by or under this Act to be published on the NSW legislation website, and
(c) spatial datasets or other maps that are adopted or incorporated by way of reference by those instruments, plans or documents, and
(d) other documents or information relating to the administration of this Act required to be published on the NSW planning portal by the regulations or by the Planning Secretary.
(3) The NSW planning database is to maintain historical as well as current versions of documents and other material required to be published on the NSW planning portal.
(4) The NSW planning database is to be compiled and maintained as determined by the Planning Secretary.
(5) The NSW planning database may comprise separate databases for different material. Any such separate databases may be compiled and maintained by other agencies, including the legislation database compiled and maintained by the Parliamentary Counsel for publication of environmental planning instruments or other material on the NSW legislation website.

2 Public access to documents and information on NSW planning portal

(cf previous s 158D)

(1) The Planning Secretary is to make arrangements for documents or other information in the NSW planning database to be published on the NSW planning portal and such other websites as are determined by the Planning Secretary.
(2) The Planning Secretary may certify the form of such documents or other information that is correct.
(3) Environmental planning instruments, plans or other documents and information need not be published on the NSW planning portal if they are published on the NSW legislation website (or the website of another agency) and can be readily accessed from the NSW planning portal.
(4) If the NSW planning portal is not available to publish a document or other information for technical or other reasons, the document or other information may be published on the NSW legislation website.
Note : The NSW planning portal is defined by section 1.4 to mean the website with the URL of www.planningportal.nsw.gov.au, or any other website, used by the Planning Secretary to provide public access to documents or other information in the NSW planning database.

3 Regulations and other provisions relating to online planning services and information

(cf previous s 158E)

(1) The regulations may make provision for or with respect to the online delivery of planning services and information, including--
(a) the NSW planning portal and other specialised planning portals (including the status of services and information delivered online), and
(b) access to information (and the issue of certificates) about land use zoning, development standards and other information relating to particular land, and
(c) the lodgment or submission of applications and other things under this Act, and
(d) the assessment of categories of development for which there are codified criteria or standards, and
(e) the registration of consents, approvals or certificates (or other documents) and their effect on registration, and
(f) the notification of the making or determination of applications for (or the issue or grant of) consents, approvals or certificates (or other documents) by means of the NSW planning portal.
(2) The charges or fees that may be prescribed by the regulations under this Act extend to charges or fees in relation to the online delivery of planning services and information (including the compilation and maintenance of the NSW planning database, the operation of the NSW planning portal and the enhancement of the NSW planning database and the NSW planning portal).
(3) For the purpose of facilitating online delivery of planning services and information--
(a) the Planning Secretary may determine standard technical requirements with respect to--
(i) the preparation of environmental planning instruments, plans or other documents and of any spatial datasets or other maps that are referred to in (or adopted under) those instruments, plans or documents, and
(ii) the form of applications for consents, approvals or certificates (or other documents) under this Act and the form of any such consents, approvals or certificates (or other documents), and
(b) a council or other planning body is to provide the Planning Secretary, when requested, with electronic files (in a specified format) of any such instruments, plans or other documents (or of any spatial datasets or other maps) prepared or held by it, and
(c) a council or other planning body is to implement any standard technical requirements determined by the Planning Secretary to facilitate access to relevant data in the electronic systems maintained by the council or other body or to transfer that data to the NSW planning database.
(4) The Planning Secretary is to establish on a departmental website an alert facility to enable members of the public to register for the purposes of receiving electronic notification of selected new planning decisions and matters.



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