Changes commencing July 1st, 2026
Comparing the consolidation as at June 10th, 2026 with July 1st, 2026 · 60 changes
(5) If the approval body and the Planning Secretary fail to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of its approval— (a) the consent authority may determine the development application, and (b) if the consent authority determines the development application by granting consent— (i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and (ii) an approval granted by the approval body must not be inconsistent with the development consent, and (iii) section 4.50 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority, despite any other Act or law. Note. Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991 , a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
(5) If the Development Coordination Authority fails to inform the consent authority, in accordance with the regulations, of the general terms of approval or whether or not an approval will be granted— (a) the consent authority may determine the development application, and (b) if the consent authority determines the development application by granting consent— (i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and (ii) an approval granted by the approval body must not be inconsistent with the development consent, and (iii) section 4.50 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority, despite any other Act or law. Note. Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991 , a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
Based on content from the New South Wales Legislation website sourced at 2026-07-01. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.