AGY-439 | Office of the Commissioners of Inquiry for Environment and Planning

Full description

The Office of the Commissioners of Inquiry for Environment and Planning was created by the Environmental Planning and Assessment Act, 1979, to conduct independent public inquiries into disputes concerning environmental and heritage issues, planning problems and development projects.

Four Commissioners including the Chairman are appointed by the Governor of NSW in Council. The Commissioners have a breadth of qualifications and experience including in the fields of law, planning and development control, building regulation, local government , engineering and environmental control. In addition to the regular commissioners persons with particular expertise may be appointed to assist with an individual inquiry. When conducting an inquiry the Commissioners sit in a semi-judicial capacity and are independent of any government agency. (1)

A Commission of Inquiry is required to report its findings and recommendations to the Minister and to make the findings and recommendations public. (2) The Act specifies that the Minister to consider the findings and recommendations of the Commission of Inquiry before determining the outcome of the particular development application. Public hearings may be sought under Section 68 of the Act. Inquiries are also governed by the Heritage Act, (No.136, 1977), where objections are made against interim and permanent conservation orders placed on historic land or buildings by the Heritage Council of New South Wales. (3)

After 1988, under the Minister for Local Government and Planning, local councils were also given the power to request inquiries into significant developments where they were the determining authority.

An inquiry involves a site inspection of the relevant development application. It considers the environmental aspects of the proposed development after the proponent, government, community and specialist groups have commented. Environmental factors considered by the Commission are the proposed developments potential impact on natural resources such as air and water quality, ecological matters and local, regional and state social and economic considerations. Proceedings of the inquiry are informal.

The Office of the Commissioners of Inquiry for Environment and Planning ceased to exist on 3 November 2008 when the Planning Assessment Commission was created by the Environmental Planning and Assessment Amendment Act 2008 (Act No.36, 2008) which amended the Principal Act, the Environmental Planning and Assessment Act 1979. (4)

Endnotes
1. NSW Government Directory, July 1990, p.247.
2. Environmental Planning and Assessment Act, 1979 (Act No.203, 1979), s. 119.
3. Ibid., ss. 89 and 101.
4. Environmental Planning and Assessment Amendment Act 2008 (Act No.36, 2008).

References
Commissioners of Inquiry for Environment and Planning, Annual Report, 1994-95.
NSW Government Gazette, 1988.
Disposal recommendation (DR 3708 and DR 3844).
NSW Government Directory, 1989-1996.