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, 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