New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.1

5.1 Definitions

(cf previous s 110)

(1) In this Division--

"activity" means--

(a) the use of land, and

(b) the subdivision of land, and

(c) the erection of a building, and

(d) the carrying out of a work, and

(e) the demolition of a building or work, and

(f) any other act, matter or thing referred to in section 3.14 that is prescribed by the regulations for the purposes of this definition,

but does not include--

(g) any act, matter or thing for which development consent under Part 4 is required or has been obtained, or

(h) any act matter or thing that is prohibited under an environmental planning instrument, or

(i) exempt development, or

(j) development carried out in compliance with a development control order, or

(k) any development of a class or description that is prescribed by the regulations for the purposes of this definition.

"approval" includes--

(a) a consent, licence or permission or any form of authorisation, and

(b) a provision of financial accommodation by a determining authority to another person, not being a provision of such financial accommodation, or financial accommodation of such class or description, as may be prescribed for the purposes of this definition by a determining authority so prescribed.

"determining authority" means a Minister or public authority and, in relation to any activity, means the Minister or public authority by or on whose behalf the activity is or is to be carried out or any Minister or public authority whose approval is required in order to enable the activity to be carried out.

"nominated determining authority" , in relation to an activity, means the determining authority nominated by the Minister in accordance with section 5.2 in relation to the activity.

"proponent" , in relation to an activity, means the person proposing to carry out the activity, and includes any person taken to be the proponent of the activity by virtue of section 5.3.

(2) The Minister is not a determining authority in relation to an activity for the purposes of this Division merely because the Minister's approval is required under Part 3A or Division 5.2.