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There is an important difference between an approval and a consent, insofar as land use is concerned.
Both the Local Government Act 1993 (LG Act) and the Environmental Planning and Assessment Act 1979 (EPA Act) regulate the use of land, to varying degrees and in different ways.
Approvals are issued under the LG Act, specifically section 68, which contains a table of activities for which approval is required under that Act.
Consents are issued under the EPA Act pursuant to an assessment process under section 4.15 (formally section 79C) of that Act.
An approval under the LG Act is not the same thing as a consent under the EPA Act. One does not amount to the other. Accordingly, even if you have an approval under the LG Act to use land for the purpose of a caravan park, for example, it does not mean that you are no longer required to obtain consent under the EPA Act, if the use requires consent.
Under section 4.12 of the EPA Act, an application for consent may contain within it an application for approval under the LG Act for a related activity. However, the exercise of power in determining that application by way of a consent, would necessarily involve the exercise of two separate and discrete powers under separate Acts.
If you have obtained either an approval or a consent from a council and you’re not entirely sure whether the activity or use you’re carrying out is lawful, contact us and we can help.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
