181Owner’s consent for applications for approval and modification requests

#### 181 Owner’s consent for applications for approval and modification requests 181 Owner’s consent for applications for approval and modification requests > > (1) This section applies to— > > > > > (a) an application for the Minister’s approval to carry out State significant infrastructure, and > > > > > (b) a modification request. > > > (2) An application may be made only with the consent of the owner of the land on which the State significant infrastructure will be carried out. > > > (3) If an application relates to land owned by a Local Aboriginal Land Council and requires the consent of the Local Aboriginal Land Council, the consent of the New South Wales Aboriginal Land Council is also required. > > > (4) Consent may be obtained at any time before the determination of the application. > > > (5) Consent of the owner is not required for an application for the following State significant infrastructure— > > > > > (a) State significant infrastructure that will be carried out by a proponent that is a public authority, > > > > > (b) critical State significant infrastructure, > > > > > (c) State significant infrastructure comprising 1 or more of the following— > > > > > > > (i) linear transport infrastructure, > > > > > > > (ii) utility infrastructure, > > > > > > > (iii) infrastructure on land with multiple owners designated by the Planning Secretary for the purposes of this section by written notice to the person making the application or request, > > > > > (d) State significant infrastructure that involves development for a purpose specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, section 5(1)–(4). > > > (6) The proponent of State significant infrastructure specified in subsection (5) must— > > > > > (a) arrange for the Minister to publish notice of the application on the NSW planning portal, and > > > > > (b) give notice of the application during the relevant period by— > > > > > > > (i) giving written notice to the owner of the land, or > > > > > > > (ii) an advertisement published in a newspaper circulating in the area in which the infrastructure will be carried out. > > > (7) In this section— > > > > application means— > > > > > (a) an application for the Minister’s approval to carry out State significant infrastructure, or > > > > > (b) a modification request. > > > > relevant period means— > > > > > (a) for written notice under subsection (6)(b)(i)—the period ending 14 days after the application is made, or > > > > > (b) for an advertisement under subsection (6)(b)(ii) for an application for the Minister’s approval—the period ending 14 days before the environmental impact statement relating to the infrastructure is publicly exhibited, or > > > > > (c) for an advertisement under subsection (6)(b)(ii) for a modification request—the period ending 14 days after the modification request is made. > > **s 181:** Am 2022 (40), Sch 1\[41\].