Certain statutory authorities, by provision in their respective Acts, are declared to be the consent authority for land within their control. Deposited plans of subdivision affecting such land must bear subdivision consent by an authorised officer of that authority.
The statutory consent authorities are:
Lake Illawarra Authority
The Lake Illawarra Authority Act 1987 was repealed by section 17(1) of the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014. The repeal of the Lake Illawarra Authority Act 1987 does not affect the continuing operation of section 16 of that Act in relation to applications for consent made under section 14 of that Act before the repeal of that Act.
The former Lake Illawarra Authority Act 1987 constituted the Lake Illawarra Authority for the purpose of carrying out development works in the Lake Illawarra development area. Section 26 Lake Illawarra Authority Act 1987 provided that the Lake Illawarra Authority may consent to all development works (for the purposes of Parts 4A and 5 of the Environmental Planning and Assessment Act 1979) within the development area and as such may act as the consent authority. These functions are now undertaken by the Crown.
Lord Howe Island Board
Lord Howe Island is vested in the Crown see section 16 Lord Howe Island Act 1953. Section 18 Lord Howe Island Act 1953 provides that 'Crown lands shall not be dealt with except under the provisions of this Act'. However, section 15A Lord Howe Island Act 1953 outlines the application of the Environmental Planning and Assessment Act 1979 which provides that reference to the consent authority is a reference to the Lord Howe Island Board.
Sydney Harbour Foreshore Authority (now Place Management NSW)
The Sydney Harbour Foreshore Authority Act 1998 commenced on 1 February 1999 and on 25 October 2016 was renamed the Place Management Act 1998. The authority was simultaneously renamed as Place Management NSW. The Authority undertakes the functions formerly undertaken by the Sydney Cove Redevelopment Authority, the City West Development Corporation and the Darling Harbour Authority.
The Authority manages the foreshore area bounded by a heavy black line drawn on the map marked “Sydney Harbour Foreshore Authority Foreshore Area Amendment No 5”, dated 26 February 2009, copies of which are deposited in the offices of Place Management NSW.
Sydney Olympic Park Authority
The Sydney Olympic Park Authority Act 2001 commenced on 1 July 2001. Section 22 of the Act specifies that the Minister for Planning is the consent authority for all developments affecting Sydney Olympic Park. Section 26 indicates that the functions of a council in relation to approvals for plans of subdivision may be exercised by the Authority in any development carried out by the Authority. The approval of a council is not required for any plan that is approved by the Authority. A plan defining the boundaries of the Park is held by the Department of Planning and by the Sydney Olympic Park Authority.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/