50Exercise of functions by public agencies in special areas

50 Exercise of functions by public agencies in special areas

50 Exercise of functions by public agencies in special areas

(1) A public agency may not, in relation to land within a special area, exercise functions other than functions under this Act unless notice is first given to the Regulatory Authority in the way prescribed by the regulations.

(2) On receiving a notice referred to in this section, the Regulatory Authority may make such representations to the public agency as the Regulatory Authority thinks fit.

(3) A public agency may not exercise functions contrary to any such representations unless, before the exercise of the functions, not less than 28 days’ notice has been given to the Regulatory Authority of the functions intended to be exercised.

(4) If a public agency has functions with regard to a development application or an application for a complying development certificate relating to land within a special area to which an environmental planning instrument applies, the forwarding of the application or a copy of it to the Regulatory Authority, whether by the public agency or the applicant, is taken also to be the giving of notice for the purposes of this section.

(5) This section does not apply to a public agency’s functions with regard to the making of an environmental planning instrument in relation to land within a special area.

(6) This section does not apply to a public agency’s functions with regard to a development application if an environmental planning instrument applying in the special area prevents the development application from being determined by the granting of consent without the concurrence of the Regulatory Authority.

s 50: Am 2024 No 80, Sch 3[1].