New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 5.23

5.23 Approvals etc legislation that does not apply

(cf previous s 115ZG)

(1) The following authorisations are not required for approved State significant infrastructure (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply)--

(b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994 ,

(c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977 ,

(d) an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974 ,

(f) a bush fire safety authority under section 100B of the Rural Fires Act 1997 ,

(g) a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference approval) under section 91 of the Water Management Act 2000 .

(2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure.

(3) The following directions, orders or notices cannot be made or given so as to prevent or interfere with the carrying out of approved critical State significant infrastructure--

(a) an interim protection order (within the meaning of the National Parks and Wildlife Act 1974 ),

(b) an order under Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act 1974 or Division 7 (Stop work orders) of Part 7A of the Fisheries Management Act 1994 ,

(c) a remediation direction under Division 3 (Remediation directions) of Part 6A of the National Parks and Wildlife Act 1974 ,

(c1) an order or direction under Part 11 (Regulatory compliance mechanisms) of the Biodiversity Conservation Act 2016 ,

(d) an environment protection notice under Chapter 4 of the Protection of the Environment Operations Act 1997 ,

(e) an order under section 124 of the Local Government Act 1993 .

(4) A reference in this section to approved State significant infrastructure includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Division in connection with an application for approval to carry out the State significant infrastructure.