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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 29 January 2020 at 11:00) Current version
Part 5.1 Division 1
Division 1 Preliminary
115T   Definitions
In this Part:
approved State significant infrastructure means infrastructure to the extent that it is approved by the Minister under this Part (but does not include any stage of the infrastructure that has not yet been authorised to be carried out by an approval under a staged infrastructure application).
critical State significant infrastructure means State significant infrastructure that is critical State significant infrastructure, as referred to in section 115V.
development includes an activity within the meaning of Part 5.
infrastructure means development for the purposes of infrastructure, including (without limitation) development for the purposes of railways, roads, electricity transmission or distribution networks, pipelines, ports, wharf or boating facilities, telecommunications, sewerage systems, stormwater management systems, water supply systems, waterway or foreshore management activities, flood mitigation works, public parks or reserves management, soil conservation works or other purposes prescribed by the regulations.
proponent of infrastructure means the person proposing to carry out development comprising all or any part of the infrastructure, and includes any person certified by the Secretary to be the proponent.
State significant infrastructure—see section 115U.
115U   Development that is State significant infrastructure
(1)  For the purposes of this Act, State significant infrastructure is development that is declared under this section to be State significant infrastructure.
(2)  A State environmental planning policy may declare any development, or any class or description of development, to be State significant infrastructure.
(3)  Development that may be so declared to be State significant infrastructure is development of the following kind that a State environmental planning policy permits to be carried out without development consent under Part 4:
(a)  infrastructure,
(b)  other development that (but for this Part and within the meaning of Part 5) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Part 5.
Paragraph (b) does not apply where the proponent is a council or county council.
(4)  Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose.
(5)  The Planning Assessment Commission or Infrastructure NSW may recommend to the Minister that a declaration be made under subsection (4) in respect of particular development.
(6)  If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (2) and State significant development, it is not State significant infrastructure despite any such declaration.
(7)  If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (4) and State significant development, it is not State significant development despite any declaration under Division 4.1 of Part 4.
115V   Critical State significant infrastructure
Any State significant infrastructure may also be declared to be critical State significant infrastructure if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons. Any such declaration may be made by the instrument that declared the development to be State significant infrastructure or by a subsequent such instrument.
Note.
 In the case of critical State significant infrastructure, this Part contains the following additional provisions:
(a)  section 115ZF (4),
(b)  section 115ZG (3),
(c)  section 115ZK.
Section 23 (8) also prevents the Minister delegating his or her function under this Part of determining an application for approval to carry out critical State significant infrastructure.