Record the limbs that allow a condition of consent
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out section 4.17(1) as a menu and leave every limb blank unless the lawyer has marked it: a condition relating to a section 4.15(1) matter of relevance; a condition relating to a likely impact; a condition requiring modification or surrender of a consent or a Division 4.11 right; a condition requiring modification or cessation of development, including removal of buildings and works; a condition limiting the period during which development may be carried out; a condition requiring removal of buildings and works at the end of that period; a condition requiring works relating to a section 4.15(1) matter; a condition modifying details of the development; and a condition authorised under a provision named in paragraph (h). Also record, if the lawyer marks it, that an ancillary aspect may be conditioned on satisfaction determined in accordance with the regulations, and that a condition may identify an outcome or objective and clear criteria for assessing it. Do not draft a condition. Do not say a limb is available.
- What the lawyer must review
- The lawyer decides whether a condition may be imposed and what it says. Section 4.17(1) of the Environmental Planning and Assessment Act 1979 (NSW) lists the limbs. Paragraph (h) names section 4.16(3) or (5), subsections (5) to (9) of section 4.17, section 7.11 or 7.12, Division 7.1 Subdivision 4, and section 7.32. Division 7.1 Subdivision 4 and section 7.32 were not opened, so they are names only. Contribution conditions under sections 7.11 and 7.12 are tested in separate tasks. Subsection (2) allows a condition that an ancillary aspect be carried out to the satisfaction, determined in accordance with the regulations, of the consent authority or a person it specifies. Those regulations, and the period in subsection (3), were not opened, so no period is stated. Subsection (3) says that if a request to indicate satisfaction is not determined within that prescribed period, the request is taken, for the purpose only of section 8.7, to have been determined by indicating that it is not satisfied. Section 8.7 was not opened. Subsection (4) allows a condition that identifies an express outcome or objective and clear criteria. Subsection (4A) allows conditions that cease to have effect when an authorisation under another Act issues, if the consent authority is satisfied the matters will be adequately addressed, and says the regulations may restrict such a condition. Those regulations were not opened. This task does not draft conditions and does not turn them into a compliance register.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Set out section 4.17(1) as a menu and leave every limb blank unless the lawyer has marked it: a condition relating to a section 4.15(1) matter of relevance; a condition relating to a likely impact; a condition requiring modification or surrender of a consent or a Division 4.11 right; a condition requiring modification or cessation of development, including removal of buildings and works; a condition limiting the period during which development may be carried out; a condition requiring removal of buildings and works at the end of that period; a condition requiring works relating to a section 4.15(1) matter; a condition modifying details of the development; and a condition authorised under a provision named in paragraph (h). Also record, if the lawyer marks it, that an ancillary aspect may be conditioned on satisfaction determined in accordance with the regulations, and that a condition may identify an outcome or objective and clear criteria for assessing it. Do not draft a condition. Do not say a limb is available. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not draft or rewrite a condition.
- Do not mark a limb unless the lawyer has marked it.
- Do not insert a day count. The prescribed period was not opened.
- Do not retest a contribution condition. That is a separate task.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.