New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 112C

Concurrence of or consultation with Chief Executive of the Office of Environment and Heritage if Minister is not determining authority

112C Concurrence of or consultation with Chief Executive of the Office of Environment and Heritage if Minister is not determining authority

(1) A determining authority (not being a Minister) must not carry out, or grant an approval to carry out, an activity:
(a) that is to be carried out in respect of land that is, or is part of, critical habitat, or
(b) that is likely to significantly affect a threatened species, population or ecological community or its habitat,
without the concurrence of the Chief Executive of the Office of Environment and Heritage.
(2) Despite subsection (1), if the Minister administering the Threatened Species Conservation Act 1995 considers that it is appropriate, that Minister may elect to act in the place of the Chief Executive of the Office of Environment and Heritage for the purpose of that subsection. However, if the Minister so elects, the Minister must:
(a) consult the Chief Executive of the Office of Environment and Heritage and seek the Chief Executive’s recommendations in respect of the proposed activity, and
(b) if the Minister does not accept any one or more of those recommendations-specify, in the determination as to the grant or refusal to grant concurrence under this section, the recommendations that were not accepted and the Minister’s reasons for not accepting them.
(3) Section 79B (8), (8A), (8B), (9) and (11) and the prescribed provisions of the regulations apply (with such modifications as may be necessary) to and in respect of the granting of concurrence under this section in the same way as they apply to and in respect of the granting of concurrence required by an environmental planning instrument.
(4) The Chief Executive of the Office of Environment and Heritage or, in a case where the Minister administering the Threatened Species Conservation Act 1995 has elected to act in the place of the Chief Executive, the Minister may, on the request of a determining authority that proposes to carry out or grant an approval to carry out an activity referred to in subsection (1), modify a concurrence granted under this section by:
(a) revoking or varying a condition of the concurrence, or
(b) imposing an additional condition on the concurrence.



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