Environmental Planning and Assessment Act 1979

A council may constitute a single local planning panel for the whole of the area of the council.

The local planning panels specified in Schedule 2, Part 3A are constituted for 2 or more areas.

If a local planning panel is constituted for 2 or more areas under subsection (1A)—

a council for one of the areas must not constitute a planning panel for the area under subsection (1), and

a single local planning panel must not be constituted by 2 or more councils under subsection (3) for any of the areas for which the local planning panel is constituted by the Planning Secretary, and

a function exercisable by a council of one of the areas in relation to the panel must be exercised jointly by all the councils.

The Planning Secretary may, by order published on the NSW legislation website, amend Schedule 2, Part 3A for one or more of the following purposes—

to constitute a local planning panel for 2 or more specified areas,

to abolish a local planning panel constituted under the part,

to change the name of a local planning panel constituted under the part or to change the specified areas for which it is constituted,

to make savings and transitional provisions consequent on one or more of the above.

The following councils must constitute a single local planning panel for the whole of the area of the council—

the council of a designated Sydney local government area,

the council of the City of Wollongong,

the council of any other area prescribed by the regulations.

A single local planning panel may be constituted by 2 or more councils. In that case, any function exercisable by a council in relation to the panel is to be exercised jointly by all those councils.

The Minister may, under section 9.1, direct 2 or more particular councils referred to in subsection (2) to constitute a single local planning panel.

If a council fails to constitute a local planning panel that it is required to constitute, the Minister may constitute the panel and for that purpose is taken to be the council.

A local planning panel is subject to any directions of the Minister under section 9.1.

A local planning panel is not subject to the direction or control of the council, except in relation to any matter relating to the procedure of the panel (or to the time within which it is to deal with a matter) that is not inconsistent with any directions of the Minister under section 9.1.