27Definitions: Part 7

#### 27 Definitions: Part 7 27 Definitions: Part 7 > > (1) In this Part— > > > > former planning provisions means the provisions of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) that would be in force if that Act had not been amended by the new Act. > > > > pending Part 5 assessment of an activity for which the proponent is also the determining authority, means— > > > > > (a) if the activity is likely to significantly affect threatened species—an environmental impact assessment of the activity that began under Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) before the commencement of the new Act if the proponent consulted (under section 112B of that Act) the Minister administering the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) before the commencement of the new Act or obtained (under section 112C of that Act) the concurrence of the Chief Executive of the Office of Environment and Heritage before the commencement of the new Act, or > > > > > (b) an environmental impact assessment of the activity that began under Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) before the commencement of the new Act (but only if the proponent commences to carry out the activity within 18 months after the commencement of the new Act). > > > > pending Part 5 assessment of an activity for which the proponent is not also the determining authority, means— > > > > > (a) an environmental impact assessment of the activity under Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) if the determining authority granted approval before the commencement of the new Act to the carrying out of the activity, or > > > > > (b) an environmental impact assessment of the activity that began under Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) before the commencement of the new Act (but only if the determining authority grants approval within 18 months of that commencement to the carrying out of the activity). > > > > pending or interim planning application means any of the following— > > > > > (a) an application for planning approval (or for the modification of a planning approval) made before the commencement of the new Act but not finally determined immediately before that commencement, > > > > > (b) an application for planning approval (or for the modification of a planning approval) made within 18 months after the commencement of the new Act if an environmental impact statement is to be submitted in connection with the application and the Secretary of the Department of Planning and Environment issued, before the commencement of the new Act, environmental assessment requirements for the preparation of the statement, > > > > > (c) an application for planning approval (or for the modification of a planning approval) made within 12 months after the commencement of the new Act if a species impact statement is to be submitted in connection with the application and the Environment Agency Head issued, before the commencement of the new Act, requirements for the preparation of the statement, > > > > > (d) an application for planning approval (or for the modification of a planning approval) made after the commencement of the new Act if an environmental impact statement is to be submitted in connection with the application and the Secretary of the Department of Planning and Environment determines in writing that the proponent had undertaken substantial environmental assessment in connection with the statement before the commencement of the new Act (but only if the application is made within 18 months after that determination), > > > > > (e) except in the case of State significant development—an application for development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or for the modification of such a development consent) made within 6 months after the commencement of the new Act (but only if any species impact statement that is to be submitted in connection with the application is submitted within 12 months after the commencement of the new Act), > > > > > (f) in the case of development (except State significant development) within a Western Sydney interim designated area under subclause (3)—an application for development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or for the modification of such a development consent) made on or before 24 November 2019 (but only if any species impact statement that is to be submitted in connection with the application is submitted on or before 24 May 2020), > > > > > (f1) in the case of development (except State significant development) within an expired interim designated area under subclause (3)—an application for development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or for the modification of such a development consent) made on or before 24 November 2018 (but only if any species impact statement that is to be submitted in connection with the application is submitted on or before 24 May 2019), > > > > > (g) in the case of development for the purposes of mining—an application for development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or for the modification of such a development consent) made within 2 years after the commencement of the new Act if the Secretary of the Department of Planning and Environment determines in writing (within 3 months after the commencement of the new Act) that the proponent had submitted before that commencement the conceptual project development plan for the mining project that is required by departmental policy before an application for development consent is made. > > > > planning approval means— > > > > > (a) a development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (b) a State significant infrastructure approval under Part 5.1 of that Act. > > > > planning approval body means— > > > > > (a) in relation to an application for development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (or for the modification of such a consent)—the consent authority, or > > > > > (b) in relation to an application for State significant infrastructure approval under Part 5.1 of that Act (or for the modification of such an approval)—the Minister administering that Act. > > > (2) For the purposes of paragraph (b) of the definition of pending or interim planning application in subclause (1), if the environmental assessment requirements referred to in that paragraph are re-issued, then the application is a pending planning application if the application is made within 18 months after the re-issue of the requirements (but only if the application is made within 3 years after the commencement of the new Act). > > > (3) For the purposes of paragraph (f) of the definition of pending or interim planning application in subclause (1), the local government areas of Camden, City of Campbelltown, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Penrith and Wollondilly are Western Sydney interim designated areas. > > > (3A) For the purposes of paragraph (f1) of the definition of pending or interim planning application in subclause (1), the following are expired interim designated areas— > > > > > (a) the local government areas of Central Coast, City of Cessnock, City of Coffs Harbour, City of Lake Macquarie, City of Maitland, City of Newcastle and Port Stephens, > > > > > (b) that part of the local government area of the City of Wollongong that comprises the land to which the West Dapto Urban Release Area proposed application for biodiversity certification applies (as described in the Proposed Applications for Biodiversity Certification Order 2017 published in the Government Gazette No 126 of 24 November 2017 at pages 7246–7255). > > > (4) A reference in this Part to Part 7 of the new Act not applying to a matter includes a reference to Division 12 of Part 7A of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) (as inserted by the new Act) not applying to that matter. > > **cl 27:** Am 2017 (663), Sch 1 \[1\] \[2\]; 2018 (60), cl 3 (1) (2); 2018 (666), Sch 1 \[1\] \[2\].