New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75L

75L Appeals by an objector

(1) This section applies to a project if:

(a) it is not a critical infrastructure project, and

(b) there has been no approval of a concept plan for the project under Division 3, and

(c) the project has not been the subject of a review by the Planning Assessment Commission, and

(d) but for this Part, the project would be designated development to which the provisions of Part 4 would apply.

(2) For the purposes of this section, an objector is a person who has made a submission under section 75H by way of objection to an application for approval under this Division to carry out a project.

(3) An objector who is dissatisfied with the determination of the Minister under this Division to give approval to carry out a project may appeal to the Court within 28 days after the date on which notice of the determination was given in accordance with the regulations.

(4) If such an appeal is made, the proponent and the Minister are to be given notice of the appeal, in accordance with rules of court, and are entitled to be heard at the hearing of the appeal as parties to the appeal.