New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.28

5.28 Miscellaneous provisions relating to approvals under this Division

(cf previous s 115ZL)

(1) The following documents under this Division in relation to State significant infrastructure are to be made publicly available by the Planning Secretary in accordance with the regulations--

(a) applications to carry out State significant infrastructure,

(b) environmental assessment requirements for State significant infrastructure,

(c) environmental impact statements placed on public exhibition and responses provided to the Planning Secretary by the proponent after the end of the public exhibition period,

(d) environmental assessment reports of the Planning Secretary to the Minister,

(e) any advice, recommendations or reports received from the Independent Planning Commission,

(f) approvals to carry out State significant infrastructure given by the Minister,

(g) requests for modifications of approvals given by the Minister and any modifications made by the Minister,

(h) any reasons given to the proponent by the Minister as referred to in subsection (2),

(i) any other matter prescribed by the regulations.

(2) The Minister is to give reasons to the proponent for a decision--

(a) not to approve State significant infrastructure under this Division, or

(b) to modify the State significant infrastructure for which the proponent has sought approval under this Division.

(3) An approval under this Division may be subject to a condition that it lapses on a specified date unless specified action with respect to the approval has been taken (such as the commencement of work on the infrastructure). Any such condition may be modified to extend the lapsing period.

(4) An approval under this Division may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the approval.

(5) A condition of the approval of State significant infrastructure under this Division may require any one or more of the following--

(a) the surrender under this section of any other approval under this Division (or under Part 3A) relating to the infrastructure or the land concerned,

(b) the surrender under section 4.63 of any development consent relating to the infrastructure or the land concerned,

(c) the surrender, subject to and in accordance with the regulations, of a right conferred by Division 4.11 relating to the infrastructure or the land concerned.