New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75O

75O Giving of approval for concept plan

(1) If:

(a) the proponent makes an application for the approval of the Minister under this Part of a concept plan for a project, and

(b) the Director-General has given his or her report on the project to the Minister,

the Minister may give or refuse to give approval for the concept plan for the project.

(2) The Minister, when deciding whether or not to give approval for the concept plan, is to consider:

(a) the Director-General’s report on the project and the reports and recommendations (and the statement relating to compliance with environmental assessment requirements) contained in the report, and

(b) if the proponent is a public authority-any advice provided by the Minister having portfolio responsibility for the proponent, and

(c) any findings or recommendations of the Planning Assessment Commission following a review in respect of the project.

(3) In deciding whether or not to give approval for the concept plan for a project, the Minister may (but is not required to) take into account the provisions of any environmental planning instrument that would not (because of section 75R) apply to the project if approved. However, the regulations may preclude approval for a concept plan for the carrying out of a class of project (other than a critical infrastructure project) that such an instrument would otherwise prohibit.

(4) Approval for a concept plan may be given under this Division with such modifications of the concept plan as the Minister may determine.

(5) Approval for the concept plan may be given under this Division subject to satisfactory arrangements being made, before final approval is given for the project or any stage of the project under this Part or under the other provisions of this Act, for the purpose of fulfilling the obligations in a statement of commitments made by the proponent (including by entering into a planning agreement referred to in section 93F).