Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43
Repealed version for 24 November 2005 to 19 June 2006 (accessed 6 August 2020 at 02:53)
Schedule 4
Schedule 4 Environmental assessment amendments
(Section 3)
[1]   Section 110A Nomination of nominated determining authority
Omit “(subsection (3) excepted)” from section 110A (2) (b).
[2]   Section 110A (3)
Insert after section 110A (2):
(3)  A determining authority (other than the nominated determining authority) is required to forward to the nominated determining authority a copy of any submissions made to it under section 113 (2) and to provide other information to the nominated determining authority, as required by the regulations, to enable the nominated determining authority to co-ordinate the preparation and furnishing of reports in relation to the activity or activity of the specified class or description.
[3]   Section 111A
Insert after section 111:
111A   Exemption
A determining authority is not under a duty under section 111 (despite its terms) to consider the environmental impact of the following activities:
(a)  a modification of an activity, whose environmental impact has already been considered, that will reduce its overall environmental impact,
(b)  a routine activity (such as the maintenance of infrastructure) that the Minister determines has a low environmental impact and that is carried out in accordance with a code approved by the Minister,
(c)  an activity (or part of an activity) that has been approved, or is to be carried out, by another determining authority after environmental assessment in accordance with this Part.
 Section 75P (2) (c) makes alternative arrangements for environmental assessment under this Part for projects for which a concept plan is approved under Part 3A and which is then made subject to this Part.
[4]   Sections 113 and 115
Omit “representations” wherever occurring. Insert instead “submissions”.
[5]   Schedule 6 Savings, transitional and other provisions
Insert in appropriate Divisional order (and with appropriate clause numbers) in the Part of the Schedule inserted by Schedule 6 to this Act:
Division 5 Environmental assessment amendments
Application of section 111A (Exemptions)
Section 111A (as inserted by the 2005 Amending Act) extends to an activity that was carried out or began to be carried out before the commencement of that section.