Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 4 August 2020 at 13:25) Current version
Part 5 Division 4
Division 4 Minister administering this Act to be approving authority instead of proponent where EIS prepared
115A   Requirement for Minister’s approval
(1)  A determining authority is not to carry out an activity to which this Division applies if it is the proponent of the activity unless the Minister has approved of the activity being carried out. The determining authority is to comply with any conditions to which such an approval is subject.
(2)  This Division applies to an activity only if:
(a)  the proponent has obtained an environmental impact statement in respect of the activity, and
(b)  the proponent of the activity is not an authority excluded from this Division by section 115D.
(3)  When considering whether to approve of an activity, the Minister is to review the decision of the proponent to carry out the activity having regard to the assessment of the activity under this Part and the rights and obligations of the proponent.
(4)  When considering whether to modify an approval granted under this Division, the Minister is required to review the decision of the proponent to modify the activity having regard to the assessment of the modification under this Part and the rights and obligations of the proponent.
115B   Minister’s approval
(1)  A proponent may seek the Minister’s approval under this Division after it has complied with section 112 (1) (a)–(c). The proponent must also have complied with section 112B or 112C, or both, as the case requires.
(2)  If a proponent seeks the Minister’s approval under this Division, the Minister is required to approve of the activity (with or without conditions or modifications) or disapprove of the activity. The Minister is to notify the proponent of the decision and indicate the reasons for any conditions or modifications or any disapproval of the activity.
(3)  The Minister, when approving of an activity, must consider the environmental impact of the activity in accordance with section 111.
(4)–(6)    (Repealed)
(7)  If the Minister has directed that an inquiry be held in accordance with section 119 with respect to an activity to which this Division applies, the Minister is to defer a decision on the activity until the proponent advises the Minister whether it proposes to proceed with or modify the activity following its consideration of the findings and recommendations of the Commission of Inquiry and any advice of the Minister.
(8)  The Minister’s decision on an activity is to be made within 21 days after the Minister receives the Director’s report under section 115C or (if subsection (7) applies) within 21 days after the proponent advises the Minister that it proposes to proceed with or modify the activity. The proponent may agree to an extension of any such period.
(9)  If the Minister’s decision is not made within the period required by subsection (8), the approval of the Minister under this Division is no longer required in respect of the activity. This subsection does not affect any obligation of the proponent under the other Divisions of this Part.
115BA   Modification of Minister’s approval
(1)  A reference in this section to a modification of an approval is a reference to revoking or varying a condition of the approval or imposing an additional condition on the approval.
(2)  A proponent may request the Minister to modify an approval granted under this Division if the proponent intends to modify the approved activity so that it will be inconsistent with the approval.
(3)  A proponent does not need to obtain the Minister’s modification of an approval if the activity as modified will be consistent with the approval.
(4)  The proponent must consider in accordance with section 111 the environmental impact of the modification of the activity. For that purpose, a reference in that section to an activity is taken to be a reference to the activity only to the extent that it is proposed to be modified.
(5)  A modification of an approval may be sought:
(a)  if a further environmental impact statement is required under this Part because of the proposed modification of the activity, only after the proponent has complied with section 112 (1) (a)–(c) in respect of the proposed modified activity, or
(b)  if a further environmental impact statement is not so required, only after particulars of the proposed modification of the activity have been publicly exhibited in accordance with the regulations.
(6)  If a proponent requests modification of an approval under this Division, the Minister is required to modify the approval (with or without conditions or revising the requested modification) or disapprove of the modification. The Minister is to notify the proponent of the decision and indicate the reasons for any conditions or revision of the requested modification or any disapproval of the modification of the approval.
(7)  The Minister, when modifying an approval, must consider in accordance with section 111 the environmental impact of the modification of the activity. For that purpose, a reference in that section to an activity is taken to be a reference to the activity only to the extent that it is proposed to be modified.
(8)  If the Minister has directed that an inquiry be held in accordance with section 119 with respect to the proposed modification of the approval, the Minister is to defer a decision on the modification until the proponent advises the Minister whether it proposes to proceed with or revise the requested modification following its consideration of the findings and recommendations of the Commission of Inquiry and any advice of the Minister.
(9)  The Minister’s decision on a modification of an approval is to be made within 21 days after:
(a)  the Minister receives the Director’s report under section 115C, or
(b)  the proponent advises the Minister that it proposes to proceed with or revise the requested modification, if subsection (8) applies.
The proponent may agree to an extension of the period.
(10)  If the Minister’s decision is not made within the period required by subsection (9), the Minister is taken to have modified the approval as requested by the proponent. This subsection does not affect any obligation of the proponent under the other Divisions of this Part.
115BB   Reports and consultation
(1)  Before deciding whether to grant or modify an approval under this Division, the Minister is to obtain a report from the Director under section 115C. A report is not required if the Minister has directed that an inquiry be held in accordance with section 119.
(2)  If the proponent is not a Minister, the Minister is to consult the Minister responsible for the proponent before making a decision under this Division.
(3)  When making a decision under this Division, the Minister is to take into account any report of the Director under section 115C, any findings or recommendations of a Commission of Inquiry and (if the proponent is not a Minister) any submission from the Minister responsible for the proponent.
115C   Director’s report
(1)  The Director is to report to the Minister on the assessment of a proposed activity under this Part and the decision of the proponent to carry out the activity.
(1A)  The Director is also to report to the Minister on the assessment of a proposed modification of an activity for which the Minister’s approval is required under this Division, whether or not a further environmental impact statement is required under this Part.
(2)  When preparing a report relating to the granting of an approval under this Division or the modification of such an approval (if an environmental impact statement is required), the Director is to examine the environmental impact statement, the representations made in response to the public exhibition of the statement, any submissions from the proponent and any other thing the Director considers relevant.
(2A)  When preparing a report relating to the modification of an approval granted under this Division (if an environmental impact statement is not required), the Director is to examine the representations made in response to the public exhibition of the proposal, any submissions from the proponent and any other thing the Director considers relevant.
(3)  A copy of the report is to be given to the proponent immediately after it is given to the Minister.
(4)  The report is to be made within 3 months after the proponent seeks the Minister’s approval under this Division to carry out the activity or within 30 days after the proponent seeks the Minister’s modification of such an approval. The proponent may agree to an extension of any such period.
(5)  If the report is not made within the period required by subsection (4), the approval of the Minister under this Division, or the Minister’s modification of such an approval, is no longer required in respect of the activity. This subsection does not affect any obligation of the proponent under the other Divisions of this Part.
(6)  The Director may make a report under this section even though an inquiry is held in accordance with section 119. However, subsections (4) and (5) do not apply to the report.
115D   Excluded determining authorities
The following determining authorities are excluded from this Division:
(a)  the Minister or the corporation constituted by section 8 (1),
(b)  a council or county council,
(c)  any person or body excluded from this Division by an Act or by the regulations.
115E   Miscellaneous provisions
(1)  Any public authority or body to which an appeal may be made by or under any Act in relation to an activity to which this Division applies is, in deciding the appeal, to consider and take into account a report of the Director to the Minister under section 115C and the decision of the Minister.
(2)  The following are to be made public:
(a)  a decision of the Minister to approve (with or without conditions or modification) or to disapprove of an activity under this Division (together with any report of the Director under section 115C),
(b)  a decision of the Minister to modify (with or without conditions) an approval of an activity under this Division or to refuse to modify such an approval (together with any report of the Director under section 115C).
(3)    (Repealed)
(4)  A proponent obtains an environmental impact statement for the purposes of this Division if it obtains an environmental impact statement itself or if it is furnished, at its request, with such a statement.
115F   Transitional arrangements
(1)  This Division does not apply to an activity if:
(a)  the proponent obtained the environmental impact statement before the commencement of this Division, or
(b)  the proponent obtained the environmental impact statement after that commencement, but the Director had duly notified the person preparing the statement before that commencement of requirements with respect to the form and contents of the statement.
(2)  However, if the activity to which an environmental impact statement relates has not been carried out, this Division applies to the activity if the Minister (by notice in writing to the proponent) so directs.