WATER ACT 1912 - SECT 11A Determination of applications affected by reviews by Planning Assessment Commission

WATER ACT 1912 - SECT 11A

11A Determination of applications affected by reviews by Planning Assessment Commission

(1) This section applies to any application under section 10 (other than an application in respect of an existing work) that concerns a work in respect of which the Planning Assessment Commission has given notice of a review under the Environmental Planning and Assessment Act 1979 to the Ministerial Corporation before the Ministerial Corporation makes its decision on the application under section 11 (3).

(2) The Ministerial Corporation:

(a) must refer to the Planning Assessment Commission:

(i) the application (including any accompanying particulars referred to in section 10 (3)), and

(ii) any objection to the granting of a licence that is duly lodged in connection with the application,

whether the application or objection is made or lodged before or after the notice is received, and

(b) must defer making any decision on the application under section 11 (3) until it receives the Commission's report under the Environmental Planning and Assessment Act 1979 .

(3) In making its decision on the application under section 11 (3), the Ministerial Corporation must have regard to the findings and recommendations contained in the Commission's report under the Environmental Planning and Assessment Act 1979 .

(4) The Ministerial Corporation's decision under section 11 (3) on the application is final, and the provisions of section 11 (4), (5) and (6) do not have effect in relation to that decision.

(5) This section extends to applications made before the commencement of this section.