42Requirement for environmental report

42 Requirement for environmental report

42 Requirement for environmental report

(1) The consent authority must not consent to the following development unless it has considered an environmental report containing the matters specified in Schedule 3—

(a) development for the purposes of public utility installations,

(b) development for the purposes of public utility undertakings,

(c) development that, in the opinion of the consent authority, is likely to have a significantly adverse impact on the environment.

(2) An environmental report is not required to be prepared in relation to development referred to in subclause (1) if the development is designated development.

Note—

Under section 78A of the Environmental Planning and Assessment Act 1979, a development application for designated development must be accompanied by an environmental impact statement.

(3) An environmental report is not required to be prepared in relation to development referred to in subclause (1) (b) if the development involves the subdivision of land and the relevant public utility undertaking already exists.

(4) An environmental report is not required to be prepared under subclause (1) (c) if—

(a) in the opinion of the consent authority, the significantly adverse impacts that the development is likely to have on the environment is comprised exclusively of impacts on—

(i) land that is, or is part of, critical habitat, or

(ii) threatened species, populations or ecological communities, or their habitats, and

(b) a species impact statement has been prepared in relation to the proposed development and, in the opinion of the consent authority, those impacts are comprehensively addressed by the species impact statement.