New South Wales Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 386

Planning and other requirements in relation to authorised actions

386 Planning and other requirements in relation to authorised actions

(1) Authorised actions may be taken on land despite any requirement for an approval, consent or other authorisation for the work made by the Environmental Planning and Assessment Act 1979 , Part 5A of the Local Land Services Act 2013 , the Biodiversity Conservation Act 2016 , the National Parks and Wildlife Act 1974 or any other Act or instrument made under an Act.
(2) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the taking of any authorised action.
(3) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of any authorised action that is--
(a) authorised or required by or under an emergency order, or
(b) required by a biosecurity direction that is given in the case of an emergency, or
(c) taken by an authorised officer under Division 4 of Part 8 in the case of an emergency.
(4) In this section--

"authorised action" means--
(a) any action that is required to discharge a biosecurity duty arising because of the presence or suspected presence of biosecurity matter in a part of the State in which it is prohibited matter, or
(b) any action authorised, required or taken under--
(i) the mandatory measures, or
(ii) an emergency order, or
(iii) a control order, or
(iv) a biosecurity zone regulation, or
(v) a biosecurity direction, or
(vi) a permit, or
(c) any action taken by an authorised officer under Division 4 of Part 8.



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