The most significant planning reforms to be introduced since 2005 came into effect on 1 October 2011 with the commencement of the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (Part 3A Repeal Act), together with the State Environmental Planning Policy (State and Regional Development) 2011 and Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 (NSW).
As a consequence, Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) has now been repealed and replaced with new assessment provisions under Part 4 of the EP&A Act for development identified as State significant development and a new Part 5.1, for development known as State significant infrastructure.
The new assessment regime means that all other large scale projects have been handed back to local councils or joint regional planning panels for assessment under the existing Part 4 provisions.
Importantly, there are transitional arrangements that will generally apply to existing Part 3A project approvals and project applications that have already been the subject of substantial assessment under Part 3A before its repeal. These projects will be known as "transitional Part 3A projects" and will continue to be dealt with in accordance with the former provisions of Part 3A. As an example, if the proponent of an existing Part 3A project (now known as a transitional Part 3A project) seeks to modify its existing approval, then the modification provisions under Part 3A (section 75W) will apply as though Part 3A of the EP&A Act had not been repealed.
Further information on the new planning regime can be viewed in our previous legal updates released in May: 'The beginning of the end of Part 3A - reforms to NSW major project approvals announced today' and June: 'Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill 2011 - reforms to NSW major project approvals'.
As foreshadowed in our August legal update: 'The next step in a new planning system for NSW - Draft State and Regional Development SEPP 2011 released' the repeal of Part 3A marked the first major step in the NSW Government's overall review of the EP&A Act. An independent panel has been established to conduct the review and from September 2011, consultation forums are being held across NSW (with the last forum scheduled to take place in Yass on 2 November 2011). The review is proposed to be carried out over 18 months, with legislation due to be introduced into Parliament in the latter half of 2012.
If you have any queries regarding the new planning laws or the proposed review of the EP&A Act, please do not hesitate to contact us.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
