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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 22 November 2017 at 19:59)
Part 4 Division 4.1
Division 4.1 State significant development
89C   Development that is State significant development
(1)  For the purposes of this Act, State significant development is development that is declared under this section to be State significant development.
(2)  A State environmental planning policy may declare any development, or any class or description of development, to be State significant development.
(3)  The Minister may, by order published in the Gazette, declare specified development on specified land to be State significant development, but only if the Minister has obtained and made publicly available advice from the Planning Assessment Commission about the State or regional planning significance of the development.
Editorial Note.
 For orders under this subsection, see the Historical notes at the end of this Act.
(4)  A State environmental planning policy that declares State significant development may extend the provisions of the policy relating to that development to State significant development declared under subsection (3).
Note.
 See section 115U (6) and (7) in relation to development that is, but for those provisions, both State significant development and State significant infrastructure.
89D   Minister consent authority for State significant development
(1)  The Minister is the consent authority for State significant development.
Note.
 Section 23 enables the Minister to delegate the consent authority function to the Planning Assessment Commission, the Secretary or to any other public authority.
(2)  If a concept development application is made under Division 2A in respect of State significant development:
(a)  the Minister may determine that a subsequent stage of the development is to be determined by the relevant council, and
(b)  that stage of the development ceases to be State significant development and that council becomes the consent authority for that stage of the development instead of the Minister.
89E   Consent for State significant development
(1)  The Minister is to determine a development application in respect of State significant development by:
(a)  granting consent to the application with such modifications of the proposed development or on such conditions as the Minister may determine, or
(b)  refusing consent to the application.
Note.
 Section 380AA of the Mining Act 1992 provides that an application in respect of State significant development for the mining of coal can only be determined if it is made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
(2)  Development consent may not be granted if the development is wholly prohibited by an environmental planning instrument.
(3)  Development consent may be granted despite the development being partly prohibited by an environmental planning instrument.
(4)  If part of a single proposed development that is State significant development requires development consent to be carried out and the other part may be carried out without development consent:
(a)  Part 5 does not apply to that other part of the proposed development, and
(b)  that other part of the proposed development is taken to be development that may not be carried out except with development consent.
(5)  A development application in respect of State significant development that is wholly or partly prohibited may be considered in accordance with Division 4B of Part 3 in conjunction with a proposed environmental planning instrument to permit the carrying out of the development. The Secretary may (despite anything to the contrary in section 54) undertake the functions of the relevant planning authority under Part 3 for a proposed instrument if it is initiated for the purpose of permitting the carrying out of the development (whether or not it contains other provisions).
(6)  If the determination under section 56 (Gateway determination) for a planning proposal declares that the proposed instrument is principally concerned with permitting the carrying out of State significant development that would otherwise be wholly prohibited:
(a)  the proposed instrument may be made only by the Planning Assessment Commission under a delegation from the Minister, and
(b)  the development application for the carrying out of that development may be determined only by the Planning Assessment Commission under a delegation from the Minister.
89F   Public participation
(1)  As soon as practicable after a development application is made for consent to carry out State significant development, the Secretary must:
(a)  place the application and any accompanying information on public exhibition for a period (of not less than 30 days) prescribed by the regulations (the submission period) commencing on the day after which notice of the application is first published as referred to in paragraph (b), and
(b)  cause notice of the application to be given and published in accordance with the regulations.
(2)  During the submission period, any person may inspect the development application and any accompanying information and make extracts from or copies of them.
(3)  During the submission period, any person may make written submissions to the Minister with respect to the development application. A submission by way of objection must set out the grounds of the objection.
(4)  If:
(a)  a development application for State significant development is amended, or substituted, or withdrawn and later replaced before it has been determined by the Minister, and
(b)  the Secretary has complied with subsection (1) in relation to the original application,
compliance with subsection (1) in relation to the amended, substituted or later application is not required, unless the Secretary determines that the amended, substituted or later application substantially differs from the original application and the environmental impact of the development concerned has not been reduced by the changes proposed in the amended, substituted or later application.
89G   Regulations—State significant development
In addition to any other matters for or with respect to which regulations may be made under this Part, the regulations may make provision for or with respect to the procedures and other matters concerning State significant development, including the following:
(a)  the environmental impact statements to accompany development applications in respect of State significant development,
(b)  the requirements for the preparation of those environmental impact statements, including consultation requirements with respect to government agencies and other affected persons,
(c)  the making of orders under section 89C (3) declaring specified development to be State significant development,
(d)  the making of information publicly available relating to development applications in respect of State significant development and the determination of those applications,
(e)  requiring applicants to provide responses to submissions made on development applications in respect of State significant development.
89H   Evaluation of development application (s 79C)
Section 79C applies, subject to this Division, to the determination of the development application.
Note.
 Section 80 (7) provides that if a review is to be conducted by the Planning Assessment Commission into proposed State significant development the Minister is not to determine the development application until after the review has been conducted and consideration given to the findings and recommendations of the Commission.
89I   (Repealed)
89J   Approvals etc legislation that does not apply
(1)  The following authorisations are not required for State significant development that is authorised by a development consent granted after the commencement of this Division (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 that 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)  an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974,
(e)    (Repealed)
(f)  a bush fire safety authority under section 100B of the Rural Fires Act 1997,
(g)  a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference 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 State significant development that is authorised by a development consent granted after the commencement of this Division.
(3)  A reference in this section to State significant development that is authorised by a development consent granted after the commencement of this Division 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 a development application for any such development.
89K   Approvals etc legislation that must be applied consistently
(1)  An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent:
(a)  an aquaculture permit under section 144 of the Fisheries Management Act 1994,
(b)  an approval under section 15 of the Mine Subsidence Compensation Act 1961,
(c)  a mining lease under the Mining Act 1992,
Note.
 Under section 380A of the Mining Act 1992, a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
(d)  a production lease under the Petroleum (Onshore) Act 1991,
Note.
 Under section 24A of the Petroleum (Onshore) Act 1991, a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
(e)  an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act),
(f)  a consent under section 138 of the Roads Act 1993,
(g)  a licence under the Pipelines Act 1967.
(2)  This section does not apply to or in respect of:
(a)  an application for the renewal of an authorisation or a renewed authorisation, or
(b)  an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or
(c)  in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997—any period after the first review of the licence under section 78 of that Act.
(3)  A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent.
(4)  This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation.
89L   This Division prevails
The provisions of this Division, the regulations under this Division and any other provisions of or made under this Act with respect to State significant development prevail to the extent of any inconsistency with any other provisions of or made under this Act relating to development to which this Part applies.