A development consent for non-designated development is not invalid merely because the development application was not accompanied by a statement of environmental effects as required by cl 50(1)(a) of the Environmental Planning and Assessment Regulation 2000. The requirement for an SEE is to be distinguished from the requirements for environmental impact statements and species impact statements under s 78A(8) of the EPA Act, which are essential conditions to the valid grant of consent. Consent authorities retain discretion under cls 51 and 54 to deal with deficient applications without the consequence of automatic invalidity.
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