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TWEED RIVER ENTRANCE SAND BYPASSING ACT 1995 - SECT 10
Application of Environmental Planning and Assessment Act 1979 to the works
10 Application of Environmental Planning and Assessment Act 1979 to the works
(1) In this section,
"development" has the same meaning as in the Environmental Planning and
Assessment Act 1979 .
(2) Development for the purposes of the works: (a) may
be carried out without the necessity for development consent under Part 4 of
the Environmental Planning and Assessment Act 1979 , and
(b) may be so
carried out even if the development would be prohibited, or would require
development consent, in the absence of this section.
(3) Any such development
is an activity within the meaning of Part 5 of the Environmental Planning and
Assessment Act 1979 and the Minister is the determining authority in relation
to that activity for the purposes of that Part.
(4) For the purposes of
section 115D of the Environmental Planning and Assessment Act 1979 , the
Minister is excluded from Division 4 of Part 5 of that Act in relation to so
much of the works as is the subject of the environmental impact statement
dated October 1994, entitled "Tweed River Entrance Sand Bypassing Project -
Tweed River Entrance Maintenance Dredging and Associated Nourishment of
Southern Gold Coast Beaches" and prepared for NSW Public Works and the
Queensland Department of Environment and Heritage.
(5) So much of the works
as is the subject of that environmental impact statement is taken to be, and
always to have been, maintenance dredging within the meaning of State
Environmental Planning Policy No 35--Maintenance Dredging of Tidal Waterways .
(6) Any act, matter or thing done in accordance with the Environmental
Planning and Assessment Regulation 1980 in connection with the preparation of
that environmental impact statement before the commencement of this section
has the same effect as if it had been done in accordance with the
Environmental Planning and Assessment Regulation 1994 .
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