Tuesday, May 17, 2011

Transitional arrangements pending the repeal of Part 3A

The NSW Government has announced that Part 3A of the Environmental Planning and Assessment Act 1979 will be repealed. As such, transitional arrangements will be required for those projects which are already in the major projects assessment system under Part 3A.
On 13 May 2011, the Government announced several transitional arrangements, which includes revoking the Part 3A status of a number of residential, commercial, retail and coastal projects (see list below). Under these arrangements:
  • 63 projects will now either not be declared as major projects under Part 3A or will be immediately removed from the Part 3A system and generally handed back local councils for assessment and determination by the relevant Joint Regional Planning Panel.
  • 102 other residential, retail, commercial and coastal projects which have substantially progressed within the existing assessment process will continue under Part 3A pending its legislative repeal.
  • All applications for other project types (such as mining, chemical and manufacturing, agricultural, tourist and significant infrastructure proposals) which are already in the Part 3A system will continue to be assessed and determined under Part 3A pending its legislative repeal.
  • For significant private projects remaining in the system, the Minister will delegate his determination role to the independent Planning Assessment Commission (PAC), while smaller less complex applications will be determined by senior officers of the Department of Planning and Infrastructure.
  • The Government’s position of not accepting any new projects under Part 3A will continue.
The changes will be given effect via an amendment to the Major Development State Environmental Planning Policy.
A number of explanatory documents have also been produced to explain the changes made on 13 May.

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