New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.42

4.42 Approvals etc legislation that must be applied consistently

(cf previous s 89K)

(1) An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent-

(a) an aquaculture permit under section 144 of the Fisheries Management Act 1994 ,

(b) an approval under the Coal Mine Subsidence Compensation Act 2017 , section 22,

(c) a mining lease under the Mining Act 1992 ,

Note : Under section 380A of the Mining Act 1992 , a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.

(d) a production lease under the Petroleum (Onshore) Act 1991 ,

Note : Under section 24A of the Petroleum (Onshore) Act 1991 , a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.

(e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act),

(f) a consent under section 138 of the Roads Act 1993 ,

(g) a licence under the Pipelines Act 1967 .

(2) This section does not apply to or in respect of-

(a) an application for the renewal of an authorisation or a renewed authorisation, or

(b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or

(c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 -any period after the first review of the licence under section 78 of that Act.

(3) A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent.

(4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation.