sec.54DEffect of imposed conditions

### sec.54D Effect of imposed conditions This section applies if there are imposed conditions for the undertaking of the project. The Planning Act , section 164 applies to the undertaking of the project as if— the project were development under that Act; and the imposed conditions were a development approval for the development. The Environmental Protection Act , sections 437 to 440 and 493A apply to the undertaking of the project as if the imposed conditions were development conditions under that Act for a development approval for the project. To remove any doubt, it is declared that the provisions mentioned in subsections (2) and (3) apply to anyone who undertakes the project, including, for example— the proponent; and any of the following who undertake the project— an agent, contractor or subcontractor or licensee of the proponent; an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i) . Also, it is declared that— the Planning Act , section 227 applies in relation to an offence against section 164 of that Act; and the Environmental Protection Act , section 493 applies in relation to an offence against sections 437 to 440 and 493A of that Act. s 54D ins 2005 No. 57 s 39A amd 2008 No. 52 s 98 sch 2 ; 2009 No. 36 s 872 sch 2 ; 2014 No. 40 s 48 ; 2016 No. 27 s 527 (sec.54D-ssec.1) This section applies if there are imposed conditions for the undertaking of the project. (sec.54D-ssec.2) The Planning Act , section 164 applies to the undertaking of the project as if— the project were development under that Act; and the imposed conditions were a development approval for the development. (sec.54D-ssec.3) The Environmental Protection Act , sections 437 to 440 and 493A apply to the undertaking of the project as if the imposed conditions were development conditions under that Act for a development approval for the project. (sec.54D-ssec.4) To remove any doubt, it is declared that the provisions mentioned in subsections (2) and (3) apply to anyone who undertakes the project, including, for example— the proponent; and any of the following who undertake the project— an agent, contractor or subcontractor or licensee of the proponent; an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i) . (sec.54D-ssec.5) Also, it is declared that— the Planning Act , section 227 applies in relation to an offence against section 164 of that Act; and the Environmental Protection Act , section 493 applies in relation to an offence against sections 437 to 440 and 493A of that Act. - (a) the project were development under that Act; and - (b) the imposed conditions were a development approval for the development. - (a) the proponent; and - (b) any of the following who undertake the project— (i) an agent, contractor or subcontractor or licensee of the proponent; (ii) an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i) . - (i) an agent, contractor or subcontractor or licensee of the proponent; - (ii) an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i) . - (i) an agent, contractor or subcontractor or licensee of the proponent; - (ii) an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i) . - (a) the Planning Act , section 227 applies in relation to an offence against section 164 of that Act; and - (b) the Environmental Protection Act , section 493 applies in relation to an offence against sections 437 to 440 and 493A of that Act.