New South Wales Consolidated Acts

WATER SUPPLY (CRITICAL NEEDS) ACT 2019 - SECT 8

8 Authorisation of Minister to carry out water supply development

(1) This section applies to the carrying out of development described in Schedule 2.

(2) The public authority proposing to carry out the development (or a person on behalf of the authority) may apply to the Planning Secretary for an authorisation to carry out the development.

(3) The application must be in writing and include the following information--

(a) a description of the proposed development,

(b) a description of the land on which the proposed development is to be carried out,

(c) the date when any construction for the proposed development is to be commenced and the anticipated date of completion of the construction,

(d) the measures proposed to be taken to avoid, minimise or offset the environmental or other impacts of the proposed development,

(e) any other information relating to the proposed development that the regulations, or the Planning Secretary, requires to be included.

(4) The Planning Secretary is to--

(a) consult with other relevant public authorities regarding the proposed authorisation, and

(b) have regard to any issues raised by those authorities in those consultations, and

(c) forward the application, and a report on those consultations, to the Minister.

(5) The Minister may authorise a specified public authority to carry out the development subject to any conditions set out or referred to in the authorisation.

(6) Before giving an authorisation under this section, the Minister is required to obtain the concurrence of the Minister administering the Biodiversity Conservation Act 2016 .

(7) The Minister may, by notice in writing to the public authority carrying out the development, amend or revoke the conditions of an authorisation before the development has been carried out.

(8) The conditions of an authorisation to carry out development may (without limitation) include conditions relating to any of the following--

(a) the time within which the development must be completed by,

(b) requiring specified environmental assessment to be undertaken before the development is permitted to be carried out,

(c) hours and other conditions of operation of the carrying out of the development,

(d) reporting requirements,

(e) public notification requirements in relation to the carrying out of the development.

(9) An authorisation to carry out development for the purposes of a critical town or locality water supply is taken to be a State significant infrastructure approval under Division 5.2 of the Environmental Planning and Assessment Act 1979 (or an amendment to a State significant infrastructure approval) for the purposes of--

(a) Part 2 of the Biodiversity Conservation Act 2016 with respect to threatened species, and

(b) Part 7A of the Fisheries Management Act 1994 , and

(c) the Local Land Services Act 2013 , and

(d) any other Act (or provision of any other Act) prescribed by the regulations for the purposes of this subsection.

(10) The Minister may, if the Minister is of the opinion that a public authority is failing to comply with the conditions of an authorisation, direct the authority to comply with those conditions.

(11) Before giving a direction under subsection (10), the Minister is required to obtain the concurrence of the Minister responsible for the public authority concerned.