New South Wales Consolidated Acts

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Consultation and concurrence

4.13 Consultation and concurrence

(cf previous s 79B)

(1) General If, by an environmental planning instrument, the consent authority, before determining the development application, is required to consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, consult with or obtain the concurrence of the person, unless the consent authority determines to refuse to grant development consent.
Note : See also section 48 of the Dams Safety Act 2015 which requires the consent authority, before granting development consent for carrying out mining operations in a notification area declared under that section, to refer the application to Dams Safety NSW and to take into consideration any matters raised by Dams Safety NSW.
(2) However, if, by an environmental planning instrument, the Minister, before determining a development application, is required to obtain the concurrence of a person, the Minister is required only to consult with the person.
(2A) State significant development--exclusion This section does not apply to State significant development unless the requirement of an environmental planning instrument for consultation or concurrence specifies that it applies to State significant development.
(8) Granting or refusal of concurrence A person whose concurrence to development is required may--
(a) grant concurrence to the development, either unconditionally or subject to conditions, or
(b) refuse concurrence to the development.
In deciding whether to grant concurrence, the person must take into consideration only the matters stated pursuant to section 3.18(3) and applicable to the development.
(9) Giving effect to concurrence A consent authority that grants consent to the carrying out of development for which a concurrence has been granted must grant the consent subject to any conditions of the concurrence. This does not affect the right of the consent authority to impose conditions under section 4.17 not inconsistent with the conditions of the concurrence or to refuse consent.
(10) Avoidance of consents subject to concurrence If, by an environmental planning instrument, a development application may not be determined by the granting of consent without the concurrence of a specified person, a consent granted--
(a) without that concurrence, or
(b) not subject to any conditions of the concurrence,
is, subject to sections 4.60- 4.62, voidable.
(11) However, if the specified person fails to inform the consent authority of the decision concerning concurrence within the time allowed for doing so, the consent authority may determine the development application without the concurrence of the specified person and a development consent so granted is not voidable on that ground.
(12) Nothing in this section affects any liability of a consent authority in respect of a consent granted as referred to in subsection (10)(a) or (b).

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