Environmental Planning and Assessment Regulation 2000
Historical version for 5 August 2016 to 5 January 2017 (accessed 5 August 2020 at 01:17) Current version
Part 10
Part 10 State significant infrastructure
191   Interpretation
(1)  Words and expressions used in this Part have the same meaning as they have in Part 5.1 of the Act.
(2)  For the purposes of the definition of infrastructure in section 115T of the Act, if a single proposed development comprises development that is only partly infrastructure, the remainder of the development (for whatever purposes) is also infrastructure.
192   Applications for approval
(1)  An application for approval of the Minister to carry out State significant infrastructure must include:
(a)  details of any approvals that would, but for section 115ZG of the Act, be required for the carrying out of the State significant infrastructure, and
(b)  details of any authorisations that must be given under section 115ZH of the Act if the application is approved, and
(c)  a statement as to the basis on which the proposed infrastructure is State significant infrastructure including, if relevant, the capital investment value of the proposed infrastructure.
(2)  An application may, with the approval of the Secretary, be amended at any time before the application is determined.
(3)  The Secretary is not to approve any such amendment unless satisfied that written particulars have been provided that sufficiently identify the nature of any proposed amendments to the State significant infrastructure.
193   Owner’s consent or notification
(1) Consent of land owner The consent of the owner of the land on which State significant infrastructure is to be carried out is required for an infrastructure application or modification request unless the application or request relates to any of the following:
(a)  State significant infrastructure proposed to be carried out by a proponent that is a public authority,
(b)  critical State significant infrastructure,
(c)  State significant infrastructure comprising any one or more of the following:
(i)  linear transport infrastructure,
(ii)  utility infrastructure,
(iii)  infrastructure on land with multiple owners designated by the Secretary for the purposes of this clause by notice in writing to the person making the application or request.
(2)  Consent may be obtained at any time before the determination of the application or request.
(3)  The consent of the New South Wales Aboriginal Land Council is required for an infrastructure application or modification request relating to land owned by a Local Aboriginal Land Council if the application requires the consent of the Local Aboriginal Land Council as owner of the land.
(4) Notification if consent not required If the consent of the owner of the land is not required for an infrastructure application or modification request under this clause, the proponent is required to give notice of the application or request:
(a)  by written notice to the owner of the land before, or no later than 14 days after, the application or request is made, or
(b)  by advertisement published in a newspaper circulating in the area in which the infrastructure is to be carried out:
(i)  in the case of an infrastructure application—at least 14 days before the environmental impact statement that relates to the infrastructure is placed on public exhibition, or
(ii)  in the case of a modification request—no later than 14 days after the request is made.
(5)  In this clause:
modification request means a request under section 115ZI of the Act for the modification of the Minister’s approval.
193A   EIS for infrastructure on land within 200km of Siding Spring Observatory
For the purposes of section 115ZM (e) of the Act, a proponent must, when preparing an environmental impact statement for State significant infrastructure on land less than 200 kilometres from the Siding Spring Observatory, take into consideration the Dark Sky Planning Guideline.
194   Minimum exhibition period
For the purposes of section 115Z (3) of the Act, the minimum exhibition period is 30 days.
195   Secretary’s environmental assessment report
(1)  The Secretary is to complete the report under section 115ZA of the Act in relation to State significant infrastructure within 90 days after the end of the public exhibition period for the environmental impact statement to which the report relates.
(2)  The 90-day period does not include time during which the Secretary, after having issued a requirement to the proponent under section 115Z (6), is awaiting a response or a preferred infrastructure report.
196   Publicly available documents
(1)  For the purposes of section 115ZL (1) of the Act, the documents are to be made publicly available on the Department’s website or by providing, on that website, an electronic link to the document on another website.
(2)  For the purposes of section 115ZL (1) (i) of the Act, submissions made under section 115Z or the report of the issues raised in those submissions provided under section 115Z (5), are prescribed.
197   Surrender of approvals or existing use rights
(1)  For the purposes of section 115ZL (4) of the Act, a surrender of an approval for State significant infrastructure or of a right conferred by Division 10 of Part 4 of the Act is to be made by giving to the Secretary a notice in writing of the surrender of the approval or right.
(2)  The notice must contain the following information:
(a)  the name and address of the person by whom the notice is given,
(b)  the address, and formal particulars of title, of the land to which the approval or right relates,
(c)  a description of the approval or right to be surrendered,
(d)  if the person giving notice is not the owner of the land, a statement by the owner of the land to the effect that the owner consents to the surrender of the approval or right.
(3)  A duly signed and delivered notice of surrender of an approval or right conferred by Division 10 of Part 4 of the Act takes effect on the date determined by the Secretary and operates, according to its terms, to surrender the approval or right to which it relates.
198   Erection and occupation of buildings and subdivision of land
(1)  In this clause, a relevant provision means section 81A, section 109M or any other provision of the Act relating to the issue of subdivision certificates.
(2)  For the purposes of section 115ZF (5) of the Act, a relevant provision applies to approved State significant infrastructure in the same way as it applies to development subject to a development consent, subject to any necessary modifications. For that purpose, a reference in section 81A or Part 4A of the Act to a development consent is taken to include a reference to an approval of State significant infrastructure under Part 5.1 of the Act.
(3)  However, a relevant provision:
(a)  does not apply unless that provision would have applied if the development was not State significant infrastructure, and
(b)  applies to critical State significant infrastructure only if the Minister, when giving approval to the infrastructure under Part 5.1 of the Act, makes it a condition of that approval that the provision applies.
199–205   (Repealed)