Environmental Planning and Assessment (Repeal of Part 3A) Bill 2011

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The Environmental Planning and Assessment (Part 3A Repeal) Bill 2011 (NSW) (Bill) was introduced and passed by the NSW Legislative Assembly last night.

What is does

The major parts of the Bill:

• Repeal Part 3A of the Environmental Planning and Assessment Act 1979.
• Insert a new Part 4 Division 4.1 relating to State significant development.
• Insert a new Part 5.1 relating to State significant infrastructure.

State significant development

• The Minister for Planning and Infrastructure will determine development applications for State significant development.
• State significant development will be development declared by State Environmental Planning Policy or order of the Minister.
• For the Minister to make an order, advice must be obtained and be made publicly available from the Planning Assessment Commission about the State or regional environmental planning significance of the development.
• The Minister will be able to approve partly prohibited development but not wholly prohibited development.
• Section 79C will apply to State significant development including all applicable planning controls and development standards that would apply as if the Council were determining the application.
• Certain approvals will not be required (eg bushfire approvals) and other types of approvals (eg environment protection licences) cannot be refused.
• Public participation and notification will remain including a 30 day exhibition period.
• All State significant development will require an environmental impact statement but it will not be “designated development”.

State significant infrastructure

• State significant infrastructure will be “infrastructure” or other development declared by a State Environmental Planning Policy or order of the Minister that amends a State Environmental Planning Policy.
• “Infrastructure” is defined to include specific development such as railways, roads and electricity networks.
• The assessment and determination of State significant infrastructure will follow a similar process to Part 3A and includes provisions for critical State significant infrastructure.
• State significant infrastructure will require the preparation of an environmental impact statement which must be publicly exhibited for at least 30 days.

Savings and transitional provisions

The following are the key features of the savings and transitional provisions:

• There will be a new category of development called “transitional Part 3A projects” and Part 3A will generally continue to apply to those projects.
• There are provisions that allow some Part 3A projects including transitional projects to be declared State significant infrastructure.
• Finally, there are provisions which do not allow any compensation claims to be made in relation to the amendments to the planning laws.

Robert Moses, Partner
Sydney
T: +61 (0)2 8083 0422
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