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Environmental Planning and Assessment Regulation 2021
56Notice of development applications
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#### 56 Notice of development applications
56 Notice of development applications
> > (1) This section applies to a development application for the following only—
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> > > (a) designated development,
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> > > (b) nominated integrated development,
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> > > (c) threatened species development,
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> > > (d) Class 1 aquaculture development,
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> > > (e) State significant development.
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> > (2) As soon as practicable after a development application is lodged, the consent authority must—
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> > > (a) publish notice of the application on the consent authority’s website, and
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> > > (b) give notice of the application to—
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> > > > (i) the public authorities that, in the consent authority’s opinion, may have an interest in the determination of the application, and
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> > > > (ii) the persons that own or occupy the land adjoining the land to which the application relates.
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> > (3) Subsection (2)(b)(i) does not require notice to be given to relevant concurrence authorities or approval bodies.
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> > (4) Subsection (2)(b)(ii) does not apply to a notice that relates to an application for public notification development or designated development.
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> > (5) The fee payable to a consent authority for the giving of notice under this section, other than for State significant development, is specified in Schedule 4.
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> > (6) The notice under subsection (2)(a) and (b) must contain the following information—
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> > > (a) a description and address of the land on which the development will be carried out,
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> > > (b) the name of the applicant and the consent authority,
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> > > (c) a description of the development,
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> > > (d) whether the development is designated development, nominated integrated development, threatened species development, Class 1 aquaculture development or State significant development,
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> > > (e) a statement that the application and the documents accompanying the application, including any environmental impact statement, are available on the consent authority’s website for the minimum period required under the Act,
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> > > (f) a statement that a person may, during the public exhibition period, make submissions to the consent authority about the application and that the submissions must specify the grounds of objection, if any,
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> > > (g) for development that is also integrated development—a statement of the required approvals and the approval bodies for the approvals,
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> > > (h) for State significant development—whether the Minister has directed that the Independent Planning Commission must hold a public hearing,
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> > > (i) for designated development—
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> > > > (i) a statement that, unless the Independent Planning Commission has held a public hearing, a person who objected to the development by making a submission and who is dissatisfied with the determination of the consent authority to grant development consent, may appeal to the Court, and
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> > > > (ii) a statement that, if the Independent Planning Commission holds a public hearing, the Commission’s determination of the application is final and not subject to appeal.
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> > (7) For the purposes of this section—
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> > > (a) if land is a lot in a freehold strata scheme—a notice to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and
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> > > (b) if land is a lot in a leasehold strata scheme—a notice to the lessor under the leasehold strata scheme and to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and
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> > > (c) if land is owned or occupied by more than 1 person—a notice to 1 owner or 1 occupier is taken to be a notice to all owners and occupiers of the land.
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> > (8) In this section—
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> > freehold strata scheme and leasehold strata scheme have the same meaning as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).