New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 41

41 Application of Environmental Planning and Assessment Act 1979

(1) In this section:
"activity" has the meaning it has in Part 5 of the EPA Act.
"approval" means the Snowy water licence, the Snowy park lease or any other approval within the meaning of Part 5 of the EPA Act.
"determining authority" has the meaning it has in Part 5 of the EPA Act.
"development" has the meaning it has in the EPA Act.
"development consent" has the meaning it has in the EPA Act.
"EPA Act" means the Environmental Planning and Assessment Act 1979 .
"initial approval" means:

(a) an approval granted before or on the corporatisation date in relation to the existing Scheme development, or

(b) an approval granted within 12 months (or other prescribed period) after the corporatisation date in relation to the existing Scheme development (being an approval for a thing that is agreed between the States of New South Wales and Victoria and identified in the agreement as an agreed outcome of the water inquiry under Part 4).

(2) A determining authority is not required to comply with Part 5 of the EPA Act for the purposes of granting an initial approval. However, the determining authority is, for the purposes of any Act or law, taken to have complied with Part 5 of the EPA Act in granting the initial approval (but only to the extent that the determining authority would but for this Act have been required to comply with that Part).

(3) For the purposes of the application of any Act or law to an activity that is part of the existing Scheme development but that is not the subject of an approval granted by a determining authority or of a development consent, the activity is taken to have been commenced and previously carried out in accordance with Part 5 of the EPA Act.

(4) This subsection applies to any development that is part of the existing Scheme development and that, on the corporatisation date, cannot be carried out without development consent. On that date, the Snowy Hydro Company is taken to have been granted that development consent in accordance with Part 4 of the EPA Act by the relevant consent authority under that Part.

(5) For the purposes of any Act or law, development that is for a purpose for which a lease is granted, or other grant is made, under Part 6 (Snowy park leases) is taken to be development authorised by or under the National Parks and Wildlife Act 1974 .

(6) The operation of this section is not affected by a change in ownership, on or after the corporatisation date, of any part of the existing Scheme development.