Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

To avoid doubt, it is declared that the Minister is authorised (and is taken always to have been authorised) to take the public interest into account when deciding whether or not to approve the carrying out of a project or to give approval for a concept plan under Part 3A, before or after the repeal of that Part.

It does not matter whether the Secretary’s report on the project did or did not give consideration to or make any recommendation about the public interest or any particular aspect of the public interest.