68Ministerial authorisations

68 Ministerial authorisations

68 Ministerial authorisations

(1) The Minister may, by order (a Ministerial authorisation), authorise the undertaking of development without the need for—

(a) an approval or assessment under the Environmental Planning and Assessment Act 1979, or

Example—

an approval or environmental assessment under the Environmental Planning and Assessment Act 1979, Part 5

(b) consent from any person.

(2) A Ministerial authorisation may be given only—

(a) in accordance with subsection (3), or

(b) in the exceptional circumstances in subsection (4).

(3) For subsection (2)(a), a Ministerial authorisation under subsection (1) may be given only if—

(a) the chief executive officer has asked that the authorisation be given in circumstances, or on the basis of a ground, mentioned in paragraph (b)(i) or (ii), and

(b) the authorisation is given—

(i) during a state of emergency declared under the State Emergency and Rescue Management Act 1989, or

(ii) in relation to a declared project, reconstruction area or disaster prevention area, and

(c) the chief executive officer has advised, and the Minister is satisfied—

(i) the authorisation is necessary to protect the safety and welfare of members of the public—

(A) following a disaster that resulted in the declaration of the state of emergency, or

(B) because of the disaster or likely disaster that resulted in the declaration of the declared project, reconstruction area or disaster prevention area, and

(ii) the development is in a part of the State that has been, or is likely to be, directly or indirectly affected by the disaster.

(4) For subsection (2)(b), a Ministerial authorisation may be given only if the Minister is satisfied—