Environmental Planning and Assessment Regulation 2000
Historical version for 26 March 2010 to 30 March 2010 (accessed 4 August 2020 at 16:01) Current version
Part 16B Division 4 Clause 268T
268T   Special provisions relating to water approvals
(1)  The Commission must cause notice to be given to the Minister for Water if, before or at any time up to the conclusion of a review held by it into:
(a)  the environmental aspects of any proposed development the subject of a development application, whether or not it is designated development, or
(b)  the environmental aspects of any activity referred to in section 112 (1) of the Act,
it is of the opinion that the development or activity may involve the need for an approval under the Water Management Act 2000.
(2)  For the purposes of this clause, a review is concluded when the Commission provides its final report on the inquiry to the Minister under clause 268V.
(3)  The Commission must also cause notice to be given to the applicant for the development, or the proponent of the activity, advising that the application for an approval should be made promptly if it has not already been made.
(4)  The Commission must defer concluding its review for sufficient time to enable:
(a)  the applicant or proponent to apply for an approval, and
(b)  any objectors to object to the granting of an approval,
under the Water Management Act 2000.
(5)  As soon as practicable after the applicant’s or proponent’s application for an approval is referred to it under section 94 of the Water Management Act 2000, the Commission must give notice of the public hearing in accordance with this Division.
(6)  In addition to considering any submissions that are made to it in the course of its review, the Commission must consider:
(a)  the application for an approval, and
(b)  any objection to the granting of an approval that has been referred to it under section 94 of the Water Management Act 2000.
(7)  In any report prepared by it, the Commission must include findings and recommendations with respect to:
(a)  the question of whether or not an approval should be granted, and
(b)  the period, term, limitations and conditions of any such approval.
(8)  The Commission must cause a copy of any such report to be given to the Minister for Water.