New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 193

193 Owner's consent or notification

(1) Consent of land owner The consent of the owner of the land on which State significant infrastructure is to be carried out is required for an infrastructure application or modification request unless the application or request relates to any of the following--

(a) State significant infrastructure proposed to be carried out by a proponent that is a public authority,

(b) critical State significant infrastructure,

(c) State significant infrastructure comprising any one or more of the following--

(i) linear transport infrastructure,

(ii) utility infrastructure,

(iii) infrastructure on land with multiple owners designated by the Planning Secretary for the purposes of this clause by notice in writing to the person making the application or request,

(d) development for a purpose specified in State Environmental Planning Policy (State and Regional Development) 2011 , Schedule 1, clause 5(1)-(4).

(2) Consent may be obtained at any time before the determination of the application or request.

(3) The consent of the New South Wales Aboriginal Land Council is required for an infrastructure application or modification request relating to land owned by a Local Aboriginal Land Council if the application requires the consent of the Local Aboriginal Land Council as owner of the land.

(4) Notification if consent not required If the consent of the owner of the land is not required for an infrastructure application or modification request under this clause, the proponent is required to publish notice of the application or request on the NSW planning portal and by--

(a) written notice to the owner of the land before, or no later than 14 days after, the application or request is made, or

(b) advertisement published in a newspaper circulating in the area in which the infrastructure is to be carried out--

(i) in the case of an infrastructure application--at least 14 days before the environmental impact statement that relates to the infrastructure is placed on public exhibition, or

(ii) in the case of a modification request--no later than 14 days after the request is made.

(5) In this clause--

"modification request" means a request under section 5.25 of the Act for the modification of the Minister's approval.