Section 27 - Biodiversity Conservation (Savings and Transitional) Regulation 2017 - Definitions: Part 7

27Definitions: Part 7

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27 Definitions: Part 7

(1) In this Part—

former planning provisions means the provisions of the Environmental Planning and Assessment Act 1979 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 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 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 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 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 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,