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Environmental Planning and Assessment Regulation 2021
59Additional requirements for State significant development—the Act, s 4.39
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#### 59 Additional requirements for State significant development—the Act, s 4.39
59 Additional requirements for State significant development—the Act, s 4.39
> > (1) The Planning Secretary must give an applicant for State significant development a copy of the submissions, or a summary of the submissions, received in relation to the application during the public exhibition period.
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> > (2) The Planning Secretary may, by written notice—
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> > > (a) identify the issues raised in the submissions that the Planning Secretary considers require a response from the applicant, and
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> > > (b) require the applicant to give a written response, and
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> > > (c) require the applicant to have regard to the State Significant Development Guidelines in preparing the response.
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> > (3) The written notice must specify a reasonable period within which the response must be given to the Planning Secretary.
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> > (4) The applicant may, through the NSW planning portal, notify the Planning Secretary that the applicant will not give a response.
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> > (5) The applicant is taken to have notified the Planning Secretary that the applicant will not give a response if the applicant has not provided the information by the end of—
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> > > (a) the period specified under subsection (3), or
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> > > (b) a further period allowed by the Planning Secretary.
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> > (6) The Planning Secretary must publish the following documents relating to a development application for State significant development on the NSW planning portal—
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> > > (a) the Planning Secretary’s environmental assessment requirements under Part 8, Division 2,
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> > > (b) the application, including accompanying documents and information and any amendments made to the application,
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> > > (c) submissions received during the public exhibition period and any response from the applicant received under subsection (2),
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> > > (d) any environmental assessment report prepared by the Planning Secretary,
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> > > (e) any development consent or modification to a development consent,
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> > > (f) any application made for a modification to development consent, including accompanying documents and information,
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> > > (g) documents or information given to the Planning Secretary by the applicant in response to submissions.
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> **s 59:** Am 2022 (142), Sch 1\[1\]; 2023 (350), Sch 1\[1\].