New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 8M

8M Transitional provisions-development consents under Part 4 of Act and approvals under Part 5 of Act

(1) If development is declared to be a project under Part 3A of the Act as referred to in section 75ZA (1) of the Act, any development consent under Part 4 of the Act or approval under Part 5 of the Act that authorises the carrying out of all or part of the development continues in force but ceases to have effect when the project is approved under Part 3A of the Act.

(2) If a declaration of a project under Part 3A of the Act is revoked before or after approval has been given under that Part to carry out the project, the Minister may make any of the following determinations:

(a) that the whole or part of the effect of the approval is preserved and is taken to be a development consent granted under Part 4 of the Act by an appropriate consent authority nominated by the Minister,

(b) that the whole or a specified part of an action under Part 4 or Part 5 of the Act in respect of the whole or part of a project is revived and has effect,

(c) that an environmental assessment under Part 3A of the Act is to be recognised for the purpose of complying with a specified environmental assessment requirement under Part 4 or Part 5 of the Act.

(3) A determination of the Minister under subclause (2) has effect on the revocation of the declaration of the project.

(4) Subclause (2) does not apply if a project ceases to be a project to which Part 3A of the Act applies because of section 75P (1) (b) of the Act.