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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clause 3 is a formal provision that gives effect to the amendments to the
Environmental Planning and Assessment Act 1979 set out in Schedule 1.
Clause 4 is a formal provision that gives effect to the amendments to the
Water Act 1912 set out in Schedule 2.
Schedule 1
Amendment of Environmental Planning and
Assessment Act 1979
Schedule 1 [2] inserts a new section 120A. The new section requires a
Commission of Inquiry that is investigating a development application under
Part 4, or an activity the subject of environmental assessment under Part 5, to
notify the Water Administration Ministerial Corporation if it becomes aware
that the development or activity involves a work that may require a licence
under Division 3 of Part 2 of the Water Act 1912 (a water licence). The new
section also requires the Commission of Inquiry to advise the applicant or
proponent to make prompt application for a water licence, and to defer
concluding its inquiry for so long as is necessary to enable the applicant or
proponent to make such an application. As soon as practicable after an
application for a water licence is referred to it under proposed section 11A of
the Water Act 1912, the Commission of Inquiry must hold a public hearing
into the application before making its report on the development or activity.
To the extent to which the report relates to the application for a water licence,
a copy of the report must be given to the Water Administration Ministerial
Corporation. The new section is expressed to extend to inquiries begun, but
not concluded, before its commencement.
Schedule 1 [1] is a consequential amendment that ensures that the provisions
of section 120 are construed subject to the provisions of the proposed section
120A.
Schedule 2
Amendment of Water Act 1912
Schedule 2 [2] inserts a new section 11A. The new section applies to
applications under section 10 that relate to a work in respect of which the
Ministerial Corporation receives a notice under proposed section 120A of the
Environmental Planning and Assessment Act 1979. The new section requires
the Ministerial Corporation to refer any such application, and any objections
relating to the application, to the Commission of Inquiry by which the notice
Explanatory note page 2
was given, and to defer making a decision on the application until it receives
the Commission of Inquiry's report on the application. The Ministerial
Corporation will be required to have regard to the Commission of Inquiry's
report in making its decision on the application. The provisions of section 1 1
(4), (5) and ( 6 ) (which provide for public inquiries by a local land board or
Magistrate and for appeals to the Land and Environment Court) will not
apply to decisions made by the Ministerial Corporation on an application to
which the proposed section applies. The new section is expressed to extend to
applications made before its commencement.
Schedule 2 [1] is a consequential amendment that ensures that the provisions
of section 11 are construed subject to the provisions of the proposed section
11A.
Explanatory note page 3