23Persons who may make development applications

#### 23 Persons who may make development applications 23 Persons who may make development applications > > (1) A development application may be made by— > > > > > (a) the owner of the land to which the development application relates, or > > > > > (b) another person, with the written consent of the owner of the land. > > > (2) The consent of the owner of the land is not required for a development application made by a public authority or for public notification development if the applicant complies with subsections (3) and (4). > > > (3) The applicant must give notice of the application— > > > > > (a) to the owner of the land before the application is made, or > > > > > (b) by publishing, no later than 14 days after the application is made, a notice in a newspaper circulating in the area in which the development will be carried out. > > > (4) If the applicant gives notice under subsection (3)(b), the applicant must also, no later than 14 days after the application is made— > > > > > (a) if the applicant is a public authority—publish the notice on the public authority’s website, or > > > > > (b) for public notification development—arrange for the consent authority to publish the notice on the NSW planning portal. > > > (4A) The consent of the owner of the land is not required for a development application for development involving mine grouting works if the works— > > > > > (a) will be carried out at a depth of 10m or more below the surface of the land, and > > > > > (b) are ancillary to other development requiring development consent. > > > (5) A development application relating to land owned by a Local Aboriginal Land Council may be made only with the written consent of the New South Wales Aboriginal Land Council. > > > (6) A lessee of Crown land may make a development application relating to Crown land only with the consent of the Crown. > > > (7) The consent of the Crown is not required under subsection (6) for a development application for— > > > > > (a) public notification development, or > > > > > (b) other State significant development if the development application is made by a public authority. > > > (7A) The consent of the owner of the land is not required for a development application for development on land identified as “Consolidated Mountain Licence Area” or “Thredbo Alpine Resort Licence Area” on the Major Resorts Licence Area Map published by the Department from time to time. > > > (7B) Subsection (7A) applies despite [Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017](/view/html/inforce/current/sl-2018-0067), Schedule 5. > > > (8) In this section— > > > > mine grouting works includes— > > > > > (a) works to stabilise land and reduce the risk of subsidence by the injection of cementitious grouting material into underground mine workings or voids created by mining, and > > > > > (b) drilling to enable the injection of the cementitious grouting material. > > > > public authority includes an irrigation corporation, within the meaning of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), that the Minister administering that Act has, by written order, declared to have the status of a public authority for the purposes of this section in relation to development of a kind specified in the order. > > **s 23:** Am 2022 (702), Sch 1\[1\]–\[3\]; 2022 (790), sec 3.