Part 5 Applications
Part 5 of the Environmental Planning & Assessment Act 1979 specifies that the determining authority in consideration of an activity has a duty to consider environmental impact.
Therefore a Part 5 Assessment is only determining whether an Environmental Impact Statement is required.
Further a Part 5 Assessment is only required where Part 4 of the Act does not apply and where some form of an assessment is still required.
Section 228 of the Environmental Planning & Assessment Regulation 2000 outlines the factors (a – o) that must be taken into consideration when determining the likely impact of an activity on the environment.
Tweed Shire Council has Local Environmental Plans which detail permissible land uses based on zoning. Under these zone tables development that is categorised as permissible without consent may still require a Part 5 Application to consider environmental impact.
In addition some State Environmental Planning Policies also nominate the type of development that can be determined without consent however these uses are still subject to a Part 5 Application being considered.
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
Last Updated: 23 October 2013