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](/view/html/inforce/current/epi-2021-0731), 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 > > > > > (d) is part of a concept development application. > > > > unconditional gateway certificate means an unconditional certificate under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2. > > **s 175:** Am 2022 (40), Sch 1\[39\] \[40\].