New South Wales Consolidated Acts

WATER ACT 1912 - SECT 171A

171A Determination of applications affected by reviews by Planning Assessment Commission

(1) This section applies to any application under section 167 that concerns a controlled 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 determination on the application under section 171.

(2) The Ministerial Corporation:

(a) must refer to the Planning Assessment Commission:

(i) the application (including any accompanying information required under section 167 (1) (b)), and

(ii) any objection to the granting of an approval 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 determination on the application under section 171 (1) until it receives the Commission’s report under the Environmental Planning and Assessment Act 1979 .

(3) In making its determination on the application under section 171 (1), 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 determination under section 171 (1) on the application is final, and the provisions of sections 171AA (2) and 178A do not have effect in relation to that determination.

(5) This section extends to applications made (but not determined) before the commencement of this section.