New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75C

75C Critical infrastructure projects

(1) Any development that is declared to be a project to which this Part applies may also be declared to be a critical infrastructure project if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons.

(2) Section 75B applies to a declaration under this section in the same way as it applies to a declaration under that section. The declaration of a critical infrastructure project under this section may (but need not) be made at the same time or by the same method as the declaration under section 75B relating to the project.

In the case of a critical infrastructure project, this Part contains the following additional provisions:

(a) sections 75K, 75L and 75Q exclude proponent or objector appeals in respect of the determination of an application for approval of the project,

(b) section 75R excludes with respect to the project all environmental planning instruments (other than SEPPs that specifically relate to the project) and council orders under Division 2A of Part 6,

(c) section 75T excludes third-party appeals against the project under this Act or other environment protection legislation.

Guidelines with respect to environmental assessment of the project under section 75F can be tailored to the circumstances of the case.

Note: For declarations gazetted under this section see Gazettes No 175 of 8.12.2006, pp 10509, 10511; No 1 of 5.1.2007, p 4; No 24 of 27.2.2008, p 1247; No 48 of 2.5.2008, p 2996; No 44 of 27.2.2009, p 1262; No 51 of 13.3.2009, pp 1374, 1375; No 75 of 22.5.2009, p 2305; No 103 of 10.7.2009, p 4068 and No 184 of 27.11.2009, p 5841.