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

(1) For the purposes of this Act, the Environmental Planning and Assessment Act 1979 (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 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.