Environmental Planning and Assessment Act 1979

The consent authority is to determine a development application in respect of State significant development by—

granting consent to the application with such modifications of the proposed development or on such conditions as the consent authority may determine, or

refusing consent to the application.

Development consent may not be granted if the development is wholly prohibited by an environmental planning instrument.

Development consent may be granted despite the development being partly prohibited by an environmental planning instrument.

If part of a single proposed development that is State significant development requires development consent to be carried out and the other part may be carried out without development consent—

Division 5.1 does not apply to that other part of the proposed development, and

that other part of the proposed development is taken to be development that may not be carried out except with development consent.

The Planning Secretary may determine that particular development does or does not form part of a single proposed development for the purposes of subsection (4).

Subsection (4) does not apply to development that the Planning Secretary determines does not form part of a single proposed development under subsection (4A).

The regulations may provide for the following in relation to a determination made under subsection (4A)—

the form and way in which a determination must be made,

the procedure for making a determination, including requirements for consultation,

the circumstances in which the Planning Secretary may make a determination.

A development application in respect of State significant development that is wholly or partly prohibited may be considered in accordance with Division 3.5 in conjunction with a proposed environmental planning instrument to permit the carrying out of the development. The Planning Secretary may (despite anything to the contrary in section 3.32) undertake the functions of the planning proposal authority under Part 3 for a proposed instrument if it is initiated for the purpose of permitting the carrying out of the development (whether or not it contains other provisions).

If the determination under section 3.34 (Gateway determination) for a planning proposal declares that the proposed instrument is principally concerned with permitting the carrying out of State significant development that would otherwise be wholly prohibited—

the proposed instrument may be made only by the Independent Planning Commission under a delegation from the Minister, and

the development application for the carrying out of that development may be determined only by the Independent Planning Commission under a delegation from the Minister.