NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
46Planning Secretary may act on behalf of approval body
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#### 46 Planning Secretary may act on behalf of approval body
46 Planning Secretary may act on behalf of approval body
> > (1) The Planning Secretary is authorised to act on behalf of an approval body if—
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> > > (a) the approval body has not given written notice to the consent authority under the Act, section 4.47, within the relevant assessment period, of—
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> > > > (i) whether the approval body will grant the approval, or
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> > > > (ii) the general terms of its approval, or
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> > > (b) the consent authority identifies an inconsistency in the general terms of approval of 2 or more approval bodies that means a general term of approval of an approval body could not be complied with without breaching a general term of approval of another approval body.
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> > (2) As soon as practicable after deciding to act on behalf of an approval body, the Planning Secretary must give written notice to the consent authority and approval body.
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> > (3) The assessment requirements set out in the Secretary’s Assessment Requirements for Development Requiring General Terms of Approval, as in force from time to time and published on the NSW planning portal, are prescribed as State assessment requirements.
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> > (4) In this section—
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> > relevant assessment period means the period of 21 or 40 days specified in section 45(1) as the period within which the approval body must notify its decision to the consent authority.