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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 19 April 2019 at 12:35)
Division 5.3 Infrastructure corridors—concurrences and notifications
5.30 Designation of “infrastructure corridors”
(1) A State environmental planning policy may designate land to be an infrastructure corridor for the purposes of this Division if it has been set aside for future use as a road, railway, public transit way, electricity transmission line, pipeline or other linear infrastructure.(2) Land may not be so designated unless:(a) the land is zoned for that future use under an environmental planning instrument, or(b) the land is identified for that future use under a strategic plan under Division 3.1, or(c) the land is identified in an environmental planning instrument as requiring the concurrence of a public authority before consent is granted to development on the land if the public authority is required to take into account the likely impact of the development on that future use.
5.31 Concurrence and notification requirements for activities within infrastructure corridors
(1) A State environmental planning policy may require a determining authority to obtain the concurrence of a specified public authority (or to notify a specified public authority) before carrying out an activity, or granting an approval in relation to an activity, within an infrastructure corridor.(2) A specified public authority may refuse concurrence if it is satisfied that the activity concerned will unreasonably interfere with the use for which the infrastructure corridor has been set aside (including unreasonably increasing the cost of constructing and operating the infrastructure for that use).(3) A determining authority that fails to comply with the requirements of a State environmental planning policy under this Division in relation to an activity is taken not to have complied with its obligations for environmental assessment of the activity under this Part.
5.32 Review of decisions to refuse concurrence
(1) If the specified public authority refuses concurrence under this Division, the determining authority concerned may seek a review of the refusal:(a) if the specified public authority is not a Minister—by the Planning Secretary, or(b) if the specified public authority is a Minister or is the Planning Secretary—by the Minister administering this Act.(2) On such a review, the Planning Secretary or the Minister administering this Act may confirm the refusal or act in the place of the specified authority and give concurrence.