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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 24 April 2019 at 18:11)
Part 4 Division 4.7 Section 4.38
4.38   Consent for State significant development
(cf previous s 89E)
(1)  The consent authority 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 consent authority 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)  Division 5.1 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 3.5 in conjunction with a proposed environmental planning instrument to permit the carrying out of the development. The Planning Secretary may (despite anything to the contrary in section 3.32) undertake the functions of the planning proposal 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 3.34 (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 Independent Planning 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 Independent Planning Commission under a delegation from the Minister.