New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 75X

75X Miscellaneous provisions relating to approvals under this Part

(1) If the proponent of a project (or proposed project) is the Minister or the corporation constituted by section 8 (1), the project must be the subject of a review by the Planning Assessment Commission.

(2) The following documents under this Part in relation to a project are to be made publicly available by the Director-General:

(a) applications to carry out projects,

(b) environmental assessment requirements for a project determined by the Director-General or the Minister,

(c) environmental assessment reports of the Director-General to the Minister,

(d) approvals to carry out projects given by the Minister,

(e) applications for the Minister’s approval of concept plans (and approvals of concept plans),

(f) requests for modifications of approvals given by the Minister and any modifications made by the Minister.

(3) The Minister may, but is not required to, give reasons to the proponent for:

(a) any disapproval, or conditions or modifications, of a project, or

(b) any disapproval, or modifications of, a concept plan for a project, or

(c) any conditions of approval of a modification of the approval of a project.

(4) The validity of an approval or other decision under this Part cannot be questioned in any legal proceedings in which the decision may be challenged except those commenced in the Court within 3 months after public notice of the decision was given.

(5) The only requirement of this Part that is mandatory in connection with the validity of an approval of a project or of a concept plan for a project is a requirement that an environmental assessment with respect to the project is made publicly available under section 75H (or under that section as applied by section 75N). This subsection does not affect the operation of section 75T in relation to a critical infrastructure project.