10Application of Environmental Planning and Assessment Act 1979

#### 10 Application of Environmental Planning and Assessment Act 1979 10 Application of [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) > > (1) For the purposes of this Act, the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (Parts 3, 4 and 6 excepted) applies to and in respect of the ancillary works and the ancillary sites, but Parts 3, 4 and 6 of that Act do not apply to or in respect of those works or those sites. > > > (2) For the purposes of the application of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to and in respect of the ancillary works and the ancillary sites— > > > > > (a) the carrying out of the ancillary works shall be deemed to require the approval of the Commissioner, > > > > > (b) the ancillary works shall be deemed to be an activity within the meaning of that Part, > > > > > (c) the Commissioner shall be deemed to be the sole determining authority, within the meaning of that Part, with respect to the ancillary works, and > > > > > (d) an approval that has been given by the Commissioner and that has been subsequently modified shall not, merely because it has been modified, be deemed to be a new approval. > > > (3) Subsection (2) (d) shall not be construed as granting to the Commissioner any power to modify an approval that the Commissioner does not otherwise have any power to modify.