New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 8F

8F Owner’s consent or notification

(1) The consent of the owner of land on which a project is to be carried out is required for a project application unless:

(a) the application is made by a public authority, or

(b) the application relates to a critical infrastructure project, or

(c) the application relates to a mining or petroleum production project, or

(d) the application relates to a linear infrastructure project, or

(e) the application relates to a project on land with multiple owners designated by the Director-General for the purposes of this clause.

(2) Any such consent may be obtained at any time before the determination of the application.

(3) If the consent of the owner of the land is not required under this clause, then the proponent is required to give notice of the application:

(a) in the case of a linear infrastructure project or a project designated under subclause (1) (e)-to the public by advertisement published in a newspaper circulating in the area of the project before the start of the public consultation period for the project, or

(b) in the case of a project that comprises mining or petroleum production (other than a project that also comprises a linear infrastructure project)-to the public by advertisement published in a newspaper circulating in the area of the project before the end of the period of 14 days after the application is made, or

(c) in the case of a critical infrastructure project (other than a project that also comprises a linear infrastructure project or mining or petroleum production project)-to the owner of the land before the end of period of 14 days after the application is made, or

(d) in any other case-to the owner of the land at any time before the application is made.

(4) In this section:
"linear infrastructure project" means development for the purposes of linear transport or public utility infrastructure.
"mining or petroleum production" includes any activity that is related to mining or petroleum production, but does not include a project on land that is a state conservation area reserved under the National Parks and Wildlife Act 1974 .