10Application of Environmental Planning and Assessment Act 1979 to the works

10 Application of Environmental Planning and Assessment Act 1979 to the works

10 Application of Environmental Planning and Assessment Act 1979 to the works

(1) In this section, development has the same meaning as in the Environmental Planning and Assessment Act 1979.

(2) Development for the purposes of the works:

(a) may be carried out without the necessity for development consent under Part 4 of the Environmental Planning and Assessment Act 1979, and

(b) may be so carried out even if the development would be prohibited, or would require development consent, in the absence of this section.

(3) Any such development is an activity within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979 and the Minister is the determining authority in relation to that activity for the purposes of that Part.

(4) For the purposes of section 115D of the Environmental Planning and Assessment Act 1979, the Minister is excluded from Division 4 of Part 5 of that Act in relation to so much of the works as is the subject of the environmental impact statement dated October 1994, entitled “Tweed River Entrance Sand Bypassing Project - Tweed River Entrance Maintenance Dredging and Associated Nourishment of Southern Gold Coast Beaches” and prepared for NSW Public Works and the Queensland Department of Environment and Heritage.

(5) So much of the works as is the subject of that environmental impact statement is taken to be, and always to have been, maintenance dredging within the meaning of State Environmental Planning Policy No 35—Maintenance Dredging of Tidal Waterways.

(6) Any act, matter or thing done in accordance with the Environmental Planning and Assessment Regulation 1980 in connection with the preparation of that environmental impact statement before the commencement of this section has the same effect as if it had been done in accordance with the Environmental Planning and Assessment Regulation 1994.