Division 1In this Part:approved project means a project to the extent that it is approved by the Minister under this Part, but does not include a project for which only approval for a concept plan has been given.
critical infrastructure project means a project that is a critical infrastructure project, as referred to in section 75C.
development includes an activity within the meaning of Part 5.
major infrastructure development includes development, whether or not carried out by a public authority, for the purposes of roads, railways, pipelines, electricity generation, electricity or gas transmission or distribution, sewerage treatment facilities, dams or water reticulation works, desalination plants, trading ports or other public utility undertakings.
project means development that is declared under section 75B to be a project to which this Part applies.
proponent of a project, means the person proposing to carry out development comprising all or any part of the project, and includes any person certified by the Minister to be the proponent.
75B Projects to which Part applies
(1) General
This Part applies to the carrying out of development that is declared under this section to be a project to which this Part applies:(a) by a State environmental planning policy, or(b) by order of the Minister published in the Gazette (including by an order that amends such a policy).The carrying out of particular or a class of development, or development for a program or plan of works or activities, may be so declared.
(2) Kinds of projects
The following kind of development may be declared to be a project to which this Part applies:(a) major infrastructure or other development that, in the opinion of the Minister, is of State or regional environmental planning significance,(b) major infrastructure or other development that is an activity for which the proponent is also the determining authority (within the meaning of Part 5) and that, in the opinion of the proponent, would (but for this Part) require an environmental impact statement to be obtained under that Part.(3) Related development
If only part of any development is a project to which this Part applies, the other parts of the development are (subject to subsection (4)) taken to be a project to which this Part applies. The development is to be dealt with under this Part as a single project.(4) Limiting declared development
The declaration of a project may be limited to an aspect of development (such as the construction of a project), to a particular period of carrying out development or otherwise.(5) Amendment or revocation of declaration
The declaration of a project may be amended or revoked at any time (including before or after an approval for the project is given under this Part).Editorial note. For orders under this section see Gazettes No 96 of 29.7.2005, p 4054 (see also No 135 of 10.11.2006, p 9535); No 52 of 13.4.2006, p 2223; No 58 of 28.4.2006, p 2468 (revoked GG No 122 of 6.10.2006, p 8671); No 76 of 9.6.2006, p 4352; No 82 of 23.6.2006, p 4704; No 93 of 21.7.2006, p 5798; No 114 of 8.9.2006, p 7933; No 117 of 15.9.2006, p 8077 (revoked GG No 66 of 11.5.2007, p 2675); No 123 of 13.10.2006, p 8749; No 127 of 27.10.2006, p 8995; No 139 of 17.11.2006, p 9781; No 175 of 8.12.2006, p 10507 (see also GG No 133 of 10.12.2010, p 5792); No 186 of 15.12.2006, p 11525; No 1 of 5.1.2007, p 5; No 35 of 1.3.2007, p 1173; No 83 of 29.6.2007, pp 4241, 4242; No 87 of 6.7.2007, p 4412; No 139 of 5.10.2007, p 7657; No 156 of 26.10.2007, pp 8122 (revoked GG No 118 of 1.10.2010, p 5034), 8123 (revoked GG No 118 of 1.10.2010, p 5034), 8124 (see also GG No 9 of 18.1.2008, p 100; revoked GG No 116 of 21.9.2010, p 4621); No 167 of 9.11.2007, p 8368; No 169 of 16.11.2007, p 8521; No 175 of 30.11.2007, p 8726; No 182 of 14.12.2007, p 9632; No 185 of 21.12.2007, p 10002; No 4 of 11.1.2008, p 39; No 12 of 1.2.2008, p 446; No 21 of 22.2.2008, p 1168; No 37 of 28.3.2008, p 2530; No 60 of 26.5.2008, p 4017; No 88 of 18.7.2008, p 7245; No 20 of 23.1.2009, p 420 (see also GG No 115 of 17.9.2010, p 4560); No 29 of 6.2.2009, p 605; No 30 of 6.2.2009, p 935; No 44 of 27.2.2009, p 1262 (see also GG No 99 of 6.8.2010, p 3732); No 50 of 6.3.2009, p 1318; No 51 of 13.3.2009, p 1375; No 103 of 10.7.2009, p 4068; No 146 of 16.10.2009, p 5426; No 156 of 30.10.2009, p 5536; No 40 of 12.3.2010, pp 1283 (see also GG No 92 of 16.7.2010, p 3482), 1284; No 84 of 25.6.2010, p 2931; No 94 of 23.7.2010, p 3602; No 96 of 30.6.2010, pp 3681, 3684; No 114 of 10.9.2010, p 4445; No 125 of 5.11.2010, p 5401; No 133 of 10.12.2010, pp 5791, 5796; No 140 of 24.12.2010, p 6144 and No 6 of 21.1.2011, p 138.
75C Critical infrastructure projects
(1) Any development that is declared to be a project to which this Part applies may also be declared to be a critical infrastructure project if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons.(2) Section 75B applies to a declaration under this section in the same way as it applies to a declaration under that section. The declaration of a critical infrastructure project under this section may (but need not) be made at the same time or by the same method as the declaration under section 75B relating to the project.Note. In the case of a critical infrastructure project, this Part contains the following additional provisions:(a) sections 75K, 75L and 75Q exclude proponent or objector appeals in respect of the determination of an application for approval of the project,(b) section 75R excludes with respect to the project all environmental planning instruments (other than SEPPs that specifically relate to the project) and council orders under Division 2A of Part 6,(c) section 75T excludes third-party appeals against the project under this Act or other environment protection legislation.Guidelines with respect to environmental assessment of the project under section 75F can be tailored to the circumstances of the case.
Editorial note. For declarations gazetted under this section see Gazettes No 175 of 8.12.2006, pp 10509, 10511 (see also GG No 133 of 10.12.2010, p 5794); No 1 of 5.1.2007, p 4; No 24 of 27.2.2008, p 1247; No 48 of 2.5.2008, p 2996; No 44 of 27.2.2009, p 1262 (see also GG No 99 of 6.8.2010, p 3731); No 51 of 13.3.2009, pp 1374, 1375; No 75 of 22.5.2009, p 2305; No 103 of 10.7.2009, p 4068; No 184 of 27.11.2009, p 5841; No 40 of 12.3.2010, pp 1283 (see also GG No 92 of 16.7.2010, p 3482), 1285; No 63 of 14.5.2010, p 2153; No 129 of 19.11.2010, p 5523 and No 133 of 10.12.2010, p 5798.