New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 277

277 Public authorities

(1) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, Australian Rail Track Corporation Ltd is prescribed, but only so as--

(a) to enable the corporation to be treated as a public authority within the meaning of Part 3A of the Act in relation to development for the purposes of rail and related transport facilities that is declared to be a project to which Part 3A applies under State Environmental Planning Policy (Major Development) 2005 , and

(b) to allow the corporation to be a determining authority within the meaning of Part 5 of the Act for--

(i) development for the purposes of rail infrastructure facilities, development in or adjacent to rail corridors and development for prescribed railways or railway projects that is permitted without consent by a public authority under State Environmental Planning Policy (Infrastructure) 2007 , and

(ii) any other development for the purposes of rail infrastructure facilities and development in or adjacent to rail corridors within the meaning of that Policy that is permitted without consent under any other environmental planning instrument.

(3) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, a Port Operator (within the meaning of State Environmental Planning Policy (Three Ports) 2013 ) is prescribed, but only so as to allow the Port Operator to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent under that Policy on unzoned land or land in the Lease Area (within the meaning of that Policy) of the port concerned.

(4) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, the following universities are prescribed, but only so as to allow each university to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent on land vested in, leased by or otherwise under the control or management of the university, under a provision of State Environmental Planning Policy (Infrastructure) 2007 or State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 --

(a) Charles Sturt University,

(b) Macquarie University,

(c) Southern Cross University,

(d) University of New England,

(e) University of New South Wales,

(f) University of Newcastle,

(g) University of Sydney,

(h) University of Technology Sydney,

(i) Western Sydney University,

(j) University of Wollongong.

(5) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015 is prescribed, but only so as to allow the authorised network operator to be a determining authority within the meaning of Part 5 of the Act for development for the purposes of an electricity transmission or distribution network (within the meaning of State Environmental Planning Policy (Infrastructure) 2007 ) operated or to be operated by the authorised network operator and that is--

(a) permitted without consent by a public authority under that Policy, or

(b) permitted without consent under any other environmental planning instrument.

(6) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, the proprietor of a registered non-government school is prescribed as a public authority (subject to subclause (7)), but only so as--

(a) to enable the proprietor to be treated as a public authority in relation to development in connection with the school that is exempt development under clause 18 of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 , and

(b) to allow the proprietor to be a determining authority within the meaning of Part 5 of the Act for development that is permitted without consent under clause 36 of that Policy on land in a prescribed zone (within the meaning of clause 33 of that Policy).

(7) Subclause (6) does not apply to a proprietor of a registered non-government school that the Planning Secretary determines is a school to which that subclause does not apply.

(8) The Planning Secretary may vary or revoke a determination under subclause (7).

(9) A determination under subclause (7), or a variation or revocation of a determination, takes effect when notice of it is published in the Gazette or on such later date as is specified in the determination, variation or revocation.

(10) For the purpose of the definition of
"public authority" in section 1.4(1) of the Act, the Regulatory Authority for New South Wales under the Children (Education and Care Services) National Law (NSW) (as declared by section 9 of the Children (Education and Care Services National Law Application) Act 2010 ) is prescribed as a public authority, but only for the purposes of section 3.18(2) of the Act.

Note : Section 3.18(2) of the Act allows an environmental planning instrument to provide that a development application must not be determined by the granting of consent except with the concurrence of a Minister or public authority specified in the instrument.

(11) To avoid doubt, a Minister of the Government of New South Wales is, for the purposes of the definition of
"public authority" in section 1.4(1) of the Act, prescribed as a public authority in relation to section 4.5(c) of the Act.