New South Wales Repealed Acts

This legislation has been repealed.

NATION BUILDING AND JOBS PLAN (STATE INFRASTRUCTURE DELIVERY) ACT 2009 - SECT 25

25 Application of Environmental Planning and Assessment Act 1979

(1) This section applies if an order under section 23 exempts an infrastructure project from the Environmental Planning and Assessment Act 1979 (subject to the terms of the order).

(2) An environmental planning instrument under that Act cannot prohibit, require development consent for or otherwise restrict the carrying out of the infrastructure project.

Note: The exclusion of the need for development consent also excludes any requirement for the payment of development contributions under that Act.

(3) Part 5 of that Act does not apply in respect of the carrying out of the infrastructure project.

(4) The infrastructure project is not, and cannot be declared to be, a project under Part 3A of that Act.

(5) An order under Division 2A of Part 6 of that Act does not have effect to the extent that it prevents or interferes with the carrying out of the infrastructure project.

(6) Subsection (2) applies to an environmental planning instrument made before or after the commencement of this section.

Note: See section 29, which authorises regulations to restore the operation of the Environmental Planning and Assessment Act 1979 in relation to infrastructure projects carried out under this Act.