A deferred commencement condition under s 91AA of the Environmental Planning and Assessment Act 1979 (NSW) requiring EPA approval does not relieve a consent authority of its obligation under s 90(1) to take noise impact into consideration. The consent authority must form its own view on the noise impact and means of mitigation before granting consent; it cannot leave the critical issue entirely to another regulatory body. Where the documentary record shows the consent authority left a critical matter to another body without forming its own view, an inference of failure to take the matter into consideration may be drawn.
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