New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 115R

115R Application of other provisions of this Act

(1) The provisions of this Part (other than this Division) do not apply to or in respect of a designated fishing activity.

(2) Despite subsection (1), those provisions apply to a designated fishing activity if the Fisheries Minister has not made a determination with respect to the activity under this Division before:

(a) 1 July 2003, except as provided by paragraph (b), or

(b) a later date prescribed by the regulations for the purposes of that fishing activity.

In that case, those provisions cease to apply if the determination is made after that date.

(3) Despite subsection (1), those provisions apply to a fisheries approval that relates to a designated fishing activity if:

(a) until a determination is made by the Fisheries Minister with respect to the activity under section 115O-the fisheries approval does not authorise commercial fishing activities and is granted or renewed for a period exceeding 12 months, or

(b) after such a determination is made-the fisheries approval is not granted or renewed in accordance with the determination.

(3A) A designated fishing activity cannot be declared to be a project to which Part 3A applies or declared to be State significant infrastructure.

(4) A designated fishing activity cannot be made subject to a requirement for development consent under Part 4.

(5) An environmental planning instrument cannot prohibit or otherwise regulate a designated fishing activity (or any part of such an activity) unless the Fisheries Minister has approved those provisions before the instrument is made.