50Timing of licensing of development requiring consent under EP&A Act

50 Timing of licensing of development requiring consent under EP&A Act

50 Timing of licensing of development requiring consent under EP&A Act

(1) Licensing of development controlled under EP&A Act This section applies to development that cannot be carried out without development consent under the Environmental Planning and Assessment Act 1979. This development is called controlled development in this section.

(2) Licence to be concurrent A licence that relates to controlled development must not be granted or varied (other than on the initiative of the EPA) by the appropriate regulatory authority, unless development consent has been granted for the controlled development. However, this section does not prevent the consideration of a licence application by the appropriate regulatory authority before development consent is granted.

(3) Existing use Without limiting the above, this section does not apply to the extent that development consent is not necessary under the Environmental Planning and Assessment Act 1979 because of an existing use.

(4) Definitions In this section—

development has the same meaning as in the Environmental Planning and Assessment Act 1979.

development consent means consent under Part 4 of the Environmental Planning and Assessment Act 1979, and includes approval to carry out a project or infrastructure under Part 3A or Division 5.2 of that Act.

existing use has the same meaning as in Division 4.11 of the Environmental Planning and Assessment Act 1979.

s 50: Am 2005 No 96, Sch 1 [9] [10]; 2011 No 22, Sch 2.22 [1] [2]; 2022 No 3, Sch 5[3] [4].