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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 27 January 2020 at 02:30) Current version
75U Approvals etc legislation that does not apply
(1) The following authorisations are not required for an approved project (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply):(a) the concurrence under Part 3 of the Coastal Protection Act 1979 of the Minister administering that Part of the Act,(b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994,(c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977,(d) a permit under section 87 or a consent under section 90 of the National Parks and Wildlife Act 1974,(e) an authorisation referred to in section 12 of the Native Vegetation Act 2003 (or under any Act to be repealed by that Act) to clear native vegetation or State protected land,(f) a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948,(g) a bush fire safety authority under section 100B of the Rural Fires Act 1997,(h) a water use approval under section 89, a water management work approval under section 90 or an activity approval under section 91 of the Water Management Act 2000.(2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of an approved project.(3) The following orders or notices cannot be made or given so as to prevent or interfere with the carrying out of an approved critical infrastructure project:(a) an interim protection order (within the meaning of the National Parks and Wildlife Act 1974 or the Threatened Species Conservation Act 1995),(b) an order under Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act 1974, Division 1 (Stop work orders) of Part 7 of the Threatened Species Conservation Act 1995 or Division 7 (Stop work orders) of Part 7A of the Fisheries Management Act 1994,(c) an environment protection notice under Chapter 4 of the Protection of the Environment Operations Act 1997,(d) an order under section 124 of the Local Government Act 1993.Note.Under the National Parks and Wildlife Act 1974, actions that are essential for carrying out an approved project provide the same defence to actions relating to harm to native fauna (and threatened species) as a development consent under Part 4, or environmental assessment under Part 5, of this Act provide.(4) A reference in this section to an approved project includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Part in connection with an application for approval to carry out the project or of a concept plan for the project.