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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 26 January 2020 at 19:52) Current version
Part 4 Division 5 Section 92
92   State significant development that is integrated development
(1)  This section applies to the determination of a development application for State significant development that is integrated development.
(2)  Before granting development consent to an application for consent to carry out the development, the Minister must, in accordance with the regulations, obtain from each relevant approval body the general terms of any approval proposed to be granted by the approval body in relation to the development. Nothing in this section requires the Minister to obtain the general terms of any such approval if the Minister determines to refuse to grant development consent.
(3)  For the purposes of this Part, the Minister is taken to have power under this Act to impose any condition that the approval body could impose as a condition of its approval.
(4)  If the approval body informs the Minister that:
(a)  it will not grant an approval that is required in order for the development to be lawfully carried out, or
(b)  it will grant the approval but subject to general terms that, in the Minister’s opinion, are inappropriate,
and a resolution of the matter cannot be agreed between the approval body and the Minister, the Minister must submit the dispute to the Premier for settlement under section 121.
(5)  For the purpose of the application of section 121 to any such dispute, the Minister and the approval body are taken to be public authorities.
(6)  If the approval body fails to inform the Minister, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of any approval proposed to be granted by it:
(a)  the Minister may determine the development application, and
(b)  if the Minister determines the development application by granting consent:
(i)  the approval body cannot refuse to grant approval to an application for approval in respect of the development, and
(ii)  an approval granted by the approval body must not be inconsistent with the development consent, and
(iii)  section 93 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority,
despite any other Act or law.
(7)  If a development application is determined, whether or not by the granting of development consent, the Minister must notify all relevant approval bodies of the determination.