SEPPs do not apply to the Minister's exercise of power under s 75J(1) to approve or disapprove a project under Part 3A of the EPA Act; they apply only to the declaration of a project, the carrying out of a project, and the approved project itself. Clause 12 of the Mining SEPP, which uses Part 4 language ('consent authority', 'application for consent for development'), does not apply to approvals under Part 3A. Conditions requiring Director-General approval of performance measures before specific activities are undertaken are regulatory conditions, not delegations of the Minister's approval power. Offset conditions operating on a cascading basis (prevent, remediate, offset) are within the power to impose conditions under s 75J(4) and do not lack finality. The PAC has no independent power to hold public hearings and owes no duty of procedural fairness to hold hearings on preferred project reports absent a Ministerial request.
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