New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.27

5.27 Third-party appeals and judicial review--critical State significant infrastructure

(cf previous s 115ZK)

(1) In this section--

"breach" has the meaning given by Division 9.5.

"the judicial review jurisdiction" of the Court means the jurisdiction conferred on the Court under section 20(2) of the Land and Environment Court Act 1979 .

"the third-party appeal provisions" means Division 9.5 of this Act and sections 252 and 253 of the Protection of the Environment Operations Act 1997 .

(2) The third-party appeal provisions do not apply in relation to the following (except in relation to an application to the Court made or approved by the Minister)--

(a) a breach of this Act arising under this Division in respect of critical State significant infrastructure, including the declaration of the development as State significant infrastructure (and as critical State significant infrastructure) and any approval or other requirement under this Division for the infrastructure,

(b) a breach of any conditions of an approval under this Division for critical State significant infrastructure,

(c) a breach of this or any other Act arising in respect of the giving of an authorisation of a kind referred to in section 5.24(1) for critical State significant infrastructure (or in respect of the conditions of such an authorisation).

(3) The conditions of approval under this Division for critical State significant infrastructure are conditions that may only be enforced by or with the approval of the Minister (whether under the third-party appeal provisions, the judicial review jurisdiction of the Court or in any other proceedings).

(4) The third-party appeal provisions and the judicial review jurisdiction of the Court are subject to the provisions of section 5.26.