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Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017
138Authorisations declared to be development consents
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#### 138 Authorisations declared to be development consents
138 Authorisations declared to be development consents
> > (1) An authorisation is declared to be a development consent under the Act for the development comprising the infrastructure project if the Co-ordinator General has certified in writing that this Part applies to the project.
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> > (2) The Act, as modified by this Part and with any other necessary modifications, applies to a nation building consent as if it were a development consent granted under the Act and to any conditions of that consent as if they were conditions of a development consent.
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> > (3) A nation building consent is, for the purposes of the Act, taken to have been effective and to operate from the date the relevant authorisation was granted under the Nation Building Act.
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> > (4) For the purposes of the Act and any instrument made under the Act, the consent authority for a nation building consent is the council for the area in which the infrastructure project is situated or, if the project is situated in the Western Division, the Western Lands Commissioner.
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> > (5) In any instrument, a reference—
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> > > (a) to an authorisation that has been declared by this Part to be a development consent under the Act is taken to be a reference to a development consent, and
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> > > (b) to a condition of any such authorisation is taken to be a reference to a condition of the development consent, and
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> > > (c) to the NSW Infrastructure Co-ordinator General in respect of any such development consent is taken to be a reference to the consent authority referred to in subclause (4).