8Application of Environmental Planning and Assessment Act 1979

#### 8 Application of Environmental Planning and Assessment Act 1979 8 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, and shall be deemed always to have applied, to and in respect of the tunnelling works and the tunnelling site, but Parts 3, 4 and 6 of that Act do not apply, and shall be deemed never to have applied, to or in respect of those works or that site. > > > (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 tunnelling works and the tunnelling site— > > > > > (a) the carrying out of the tunnelling works shall be deemed to require, and always to have required, the approval of the Commissioner, > > > > > (b) the tunnelling works shall be deemed to be, and always to have been, an activity within the meaning of that Part, > > > > > (c) the Commissioner shall be deemed to be, and always to have been, the sole determining authority, within the meaning of that Part, with respect to the tunnelling works, > > > > > (d) the documents entitled “Sydney Harbour Tunnel Environmental Impact Statement” and “Sydney Harbour Tunnel Environmental Impact Statement Addendum” which were both put on public display on 19 December 1986 shall together be deemed to be, and always to have been, an environmental impact statement that— > > > > > > > (i) has been prepared, submitted, exhibited, considered and otherwise dealt with in accordance with that Part, and > > > > > > > (ii) complies with the requirements of that Part, and > > > > > (e) 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 (e) 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.