Overview of relevant non-planning legislation
In many instances, development relating to a dairy system will require approvals under other legislation in addition to development approval obtained under the NSW planning system’s EP&A Act. The IDA process is often used to assess whether other approvals and licences are required (see section 5.1.3). These are obtained once the DA has been approved and are usually specified in the DA conditions of consent. They must be obtained prior to construction and operation of the development. A common example is obtaining licences under the POEO Act (see Section 7).
Where a DA is submitted as ‘integrated development’, the application is referred to the ARA and following assessment, a GTA is provided to the assessing consent authority. Table 8 provides a summary of legislation that may be relevant to NSW dairy development and the provisions which often require a separate approval or licence.
Certain ‘local development’ DAs require input from ‘referral authorities’ before a determination can be made. Referral authorities are typically NSW Government agencies but may also be other entities such as electricity distributors.
Notes for consent authorities
This guide is not intended to be a substitute for current NSW legislative requirements. Please refer to the NSW Planning Portal and NSW legislation website to obtain up-to-date information. Specific detail on the requirements and processes for other approvals should be obtained from the Development referrals guide – A guide for applicants and consent authorities on integrated development approvals, concurrences and consultation referrals (DPE, 2023).
| Appropriate regulated authority (ARA) | Act | Provision | Approval |
|---|---|---|---|
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