175Environmental assessment requirements for State significant development

175 Environmental assessment requirements for State significant development

175 Environmental assessment requirements for State significant development

(1) This section applies to the environmental assessment requirements for State significant development in addition to the requirements under section 173.

(2) In preparing the environmental assessment requirements for nominated State significant development, the Planning Secretary must—

(a) consult relevant public authorities, and

(b) consider whether the requirements need to assess any key issues raised by the public authorities.

(3) In preparing the environmental assessment requirements for development in relation to which a gateway certificate has been issued, the Planning Secretary must address any recommendations of the Gateway Panel set out in the certificate.

(4) In preparing the environmental assessment requirements for development in relation to which an unconditional gateway certificate has been issued, the Planning Secretary must—

(a) consult the Gateway Panel, and

(b) consider whether the requirements need to assess any key issues raised by the Panel.

(5) If a gateway certificate is issued for the development after the environmental assessment requirements for the development have been notified under section 176, the Planning Secretary—

(a) must consider any recommendations of the Gateway Panel set out in the gateway certificate, and

(b) may modify the requirements in accordance with section 180.

(6) In this section—

Gateway Panel means the Mining and Petroleum Gateway Panel under State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2.

nominated State significant development means State significant development that—

(a) would, but for the Act, section 4.10(2), be designated development, or

(b) is partly prohibited by an environmental planning instrument, or

(c) is wholly prohibited by an environmental planning instrument, to the extent that the Act, section 4.38(5) applies, or