ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.22 Application of other provisions of Act
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.22
Application of other provisions of Act5.22 Application of other provisions of Act
(cf previous s 115ZF)
(1) Part 4 and Division 5.1 do not, except as provided by this Division, apply to or in respect of State significant infrastructure (including the declaration of the infrastructure as State significant infrastructure and any approval or other requirement under this Division for the infrastructure).
(2) Part 3 and environmental planning instruments do not apply to or in respect of State significant infrastructure, except that--(a) they apply to the declaration of infrastructure as State significant infrastructure or as critical State significant infrastructure (and to the declaration of development that does not require consent), and(b) they apply in so far as they relate to section 3.16, and for that purpose a reference in that section to enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act is to be construed as a reference to enabling State significant infrastructure to be carried out in accordance with an approval granted under this Division.
(3) Divisions 7.1 and 7.2 apply to State significant infrastructure that is not carried out by or on behalf of a public authority (and to the giving of approval for the carrying out of any such infrastructure under this Division) in the same way as they apply to development and the granting of consent to the carrying out of development under Part 4, subject to any necessary modifications and any modifications prescribed by the regulations.
(4) A development control order cannot be given in relation to critical State significant infrastructure.
(6) Section 6.28 applies to approved State significant infrastructure.
Note : Section 6.33(2) authorises the regulations to apply provisions of Part 6 relating to building and subdivision certification to State significant infrastructure.