69Effect of Ministerial authorisation

69 Effect of Ministerial authorisation

69 Effect of Ministerial authorisation

(1) A Ministerial authorisation has effect despite—

(a) an environmental planning instrument or development consent, or

(b) another Act or statutory instrument specified in the Ministerial authorisation, in the circumstances specified in the authorisation.

(2) The giving of a Ministerial authorisation for the carrying out of development is taken to be—

(a) for development requiring development consent under the Environmental Planning and Assessment Act 1979—a grant of development consent for the development, and any conditions of the authorisation are taken to be conditions of the development consent, or

(b) for development that is an activity requiring an environmental assessment under the Environmental Planning and Assessment Act 1979, Part 5, Division 5.1—

(i) an approval for the carrying out of the activity, and any conditions of the authorisation are taken to be conditions of the approval, or

(ii) if the activity is being carried out by a public authority—an environmental assessment, or

(c) for State significant infrastructure that would otherwise require approval under the Environmental Planning and Assessment Act 1979, Part 5, Division 5.2—approval by the Minister under that Act, and any conditions of the authorisation are taken to be conditions of the Minister under that Act.

(3) A Ministerial authorisation may relate to a class of development and, if so, the authorisation is taken to be a separate development consent for each development carried out under the authorisation.

(4) A Ministerial authorisation may provide that, to the extent necessary to enable development to be carried out in accordance with the authorisation, a regulatory instrument specified in the authorisation does not apply to the development or applies subject to modifications specified in the authorisation.

(5) In this section—

regulatory instrument has the same meaning as in the Environmental Planning and Assessment Act 1979, section 3.16.