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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 50
Timing of licensing of development requiring consent under EP&A Act
50 Timing of licensing of development requiring consent under EP&A Act
(1) Licensing of development controlled under EP&A Act This section applies to
development that cannot be carried out without development consent under the
Environmental Planning and Assessment Act 1979 . This development is called
"controlled development" in this section.
(2) Licence to be concurrent A
licence that relates to controlled development must not be granted or varied
(other than on the initiative of the EPA) by the appropriate regulatory
authority, unless development consent has been granted for the
controlled development. However, this section does not prevent the
consideration of a licence application by the appropriate regulatory authority
before development consent is granted.
(3) Existing use Without limiting the
above, this section does not apply to the extent that development consent is
not necessary under the Environmental Planning and Assessment Act 1979
because of an existing use.
(4) Definitions In this section--
"development" has the same meaning as in the
Environmental Planning and Assessment Act 1979 .
"development consent" means consent under Part 4 of the
Environmental Planning and Assessment Act 1979 , and includes approval to
carry out a project or infrastructure under Part 3A or Division 5.2 of that
Act.
"existing use" has the same meaning as in Division 4.11 of the
Environmental Planning and Assessment Act 1979 .
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