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Environmental Planning and
Assessment Amendment (Part 3A
Repeal) Bill 2011
No , 2011
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 to repeal
Part 3A of that Act and to make provision consequent on that repeal.
Environmental Planning and Assessment Amendment (Part 3A Repeal)
Clause 1 Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Environmental Planning and Assessment Amendment 3
(Part 3A Repeal) Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
Bill 2011
Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
Schedule 1 Amendment of Environmental Planning 1
and Assessment Act 1979 No 203 2
1.1 Repeal of Part 3A 3
Part 3A Major infrastructure and other projects 4
Omit the Part. 5
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
1.2 State significant development 1
[1] Section 4 Definitions 2
Insert "State significant development or" after "other than" and after "that is 3
not" in the definition of advertised development in section 4 (1). 4
[2] Section 4 (1) 5
Insert in alphabetical order: 6
State significant development has the meaning given by 7
Division 4.1 of Part 4. 8
[3] Section 29A Advertised development 9
Insert "State significant development or" after "other than" in section 29A (1). 10
[4] Section 72K Joint exhibition of instrument and advertising of application 11
Insert "State significant development or" before "designated development" 12
wherever occurring in section 72K (3). 13
[5] Section 74C Preparation of development control plans 14
Insert "State significant development or" before "designated development" 15
wherever occurring in section 74C (1) (c). 16
[6] Part 4 Development assessment 17
Omit the note to the Part. 18
[7] Section 76A Development that needs consent 19
Insert at the end of the section: 20
Note. Division 4.1 makes provision with respect to State significant 21
development. 22
[8] Section 77 Application of Division 23
Insert as paragraph (a) of the note to the section: 24
(a) is or is not State significant development, and 25
[9] Section 77A Designated development 26
Insert at the end of the section: 27
(2) Designated development does not include State significant 28
development despite any such declaration. 29
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
[10] Section 78A Application 1
Insert "(other than an application in respect of State significant development)" 2
after "development application" in section 78A (8). 3
[11] Section 78A (8A) 4
Insert after section 78A (8): 5
(8A) A development application for State significant development is 6
to be accompanied by an environmental impact statement 7
prepared by or on behalf of the applicant in the form prescribed 8
by the regulations. 9
[12] Section 79 Public participation--designated development 10
Insert after section 79 (1): 11
Note. Section 89F deals with public participation for State significant 12
development. 13
[13] Section 79A Public participation--advertised development and other 14
notifiable development 15
Insert at the end of the section: 16
(3) This section does not apply to State significant development. 17
[14] Section 79B Consultation and concurrence 18
Insert after section 79B (2): 19
(2A) State significant development--exclusion 20
This section does not apply to State significant development 21
unless the requirement of an environmental planning instrument 22
for consultation or concurrence specifies that it applies to State 23
significant development. 24
[15] Section 79BA Consultation and development consent--certain bush fire 25
prone land 26
Insert after section 79BA (1A): 27
(1B) This section does not apply to State significant development. 28
[16] Section 80 Determination 29
Omit section 80 (6)-(8). Insert instead: 30
(6) Restrictions on determination of development applications 31
involving PAC 32
If a consent authority (other than the Minister) has received 33
notice that the Minister has requested that a review (with or 34
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
without a public hearing) be conducted by the Planning 1
Assessment Commission in relation to all or any part of the 2
development the subject of a development application, the 3
consent authority must not determine the development 4
application until: 5
(a) the review has been conducted, and 6
(b) the consent authority has considered the findings and 7
recommendations of the Planning Assessment 8
Commission and any comments made by the Minister that 9
accompanied those findings and recommendations when 10
they were forwarded to the consent authority. 11
(7) If the Minister has requested that a review (with or without a 12
public hearing) be conducted by the Planning Assessment 13
Commission in relation to all or any part of the development the 14
subject of a development application for which the Minister is the 15
consent authority, the Minister must not determine the 16
development application until: 17
(a) the review has been conducted, and 18
(b) the Minister has considered the findings and 19
recommendations of the Planning Assessment 20
Commission. 21
[17] Section 81 Post-determination notification 22
Insert at the end of the section: 23
(4) For the purposes of this section, designated development 24
includes State significant development that would be designated 25
development but for section 77A (2), and accordingly a reference 26
in this section to section 79 (5) includes a reference to 27
section 89F (3). 28
[18] Section 82 Circumstances in which consent taken to have been refused 29
Insert at the end of the section: 30
(5) This section does not apply in respect of a development 31
application if section 97 does not apply to the application. 32
[19] Section 83 Date from which consent operates 33
Omit "under section 80 (7) following the holding of a review" in 34
section 83 (1) (b) (i). 35
Insert instead "under section 80 (6) or (7) following the holding of a review 36
that includes a public hearing". 37
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[20] Part 4, Division 4.1 1
Insert after Division 4 of Part 4: 2
Division 4.1 State significant development 3
89C Development that is State significant development 4
(1) For the purposes of this Act, State significant development is 5
development that is declared under this section to be State 6
significant development. 7
(2) A State environmental planning policy may declare any 8
development, or any class or description of development, to be 9
State significant development. 10
(3) The Minister may, by order published in the Gazette, declare 11
specified development on specified land that is not declared 12
under subsection (2) to be State significant development, but only 13
if the Minister has obtained and made publicly available advice 14
from the Planning Assessment Commission about the State or 15
regional planning significance of the development. 16
(4) A State environmental planning policy that declares State 17
significant development may extend the provisions of the policy 18
relating to that development to State significant development 19
declared under subsection (3). 20
Note. See section 115U (6) and (7) in relation to development that is, but 21
for those provisions, both State significant development and State 22
significant infrastructure. 23
89D Minister consent authority for State significant development 24
(1) The Minister is the consent authority for State significant 25
development. 26
Note. Section 23 enables the Minister to delegate the consent authority 27
function to the Planning Assessment Commission, the Director-General 28
or to any other public authority. 29
(2) If a staged development application is made under Division 2A 30
in respect of State significant development: 31
(a) the Minister may determine that a subsequent stage of the 32
development is to be determined by the relevant council, 33
and 34
(b) that stage of the development ceases to be State significant 35
development and that council becomes the consent 36
authority for that stage of the development instead of the 37
Minister. 38
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89E Consent for State significant development 1
(1) The Minister is to determine a development application in respect 2
of State significant development by: 3
(a) granting consent to the application with such 4
modifications of the proposed development or on such 5
conditions as the Minister may determine, or 6
(b) refusing consent to the application. 7
(2) Development consent may not be granted if the development is 8
wholly prohibited by an environmental planning instrument. 9
(3) Development consent may be granted despite the development 10
being partly prohibited by an environmental planning instrument. 11
(4) If part of a single proposed development that is State significant 12
development requires development consent to be carried out and 13
the other part may be carried out without development consent: 14
(a) Part 5 does not apply to that other part of the proposed 15
development, and 16
(b) that other part of the proposed development is taken to be 17
development that may not be carried out except with 18
development consent. 19
(5) A development application in respect of State significant 20
development that is wholly or partly prohibited may be 21
considered in accordance with Division 4B of Part 3 in 22
conjunction with a proposed environmental planning instrument 23
to permit the carrying out of the development. The 24
Director-General may (despite anything to the contrary in 25
section 54) undertake the functions of the relevant planning 26
authority under Part 3 for a proposed instrument if it is initiated 27
for the purpose of permitting the carrying out of the development 28
(whether or not it contains other provisions). 29
(6) If the determination under section 56 (Gateway determination) 30
for a planning proposal declares that the proposed instrument is 31
principally concerned with permitting the carrying out of State 32
significant development that would otherwise be wholly 33
prohibited: 34
(a) the proposed instrument may be made only by the 35
Planning Assessment Commission under a delegation 36
from the Minister, and 37
(b) the development application for the carrying out of that 38
development may be determined only by the Planning 39
Assessment Commission under a delegation from the 40
Minister. 41
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89F Public participation 1
(1) As soon as practicable after a development application is made 2
for consent to carry out State significant development, the 3
Director-General must: 4
(a) place the application and any accompanying information 5
on public exhibition for a period (of not less than 30 days) 6
prescribed by the regulations (the submission period) 7
commencing on the day after which notice of the 8
application is first published as referred to in 9
paragraph (b), and 10
(b) cause notice of the application to be given and published in 11
accordance with the regulations. 12
(2) During the submission period, any person may inspect the 13
development application and any accompanying information and 14
make extracts from or copies of them. 15
(3) During the submission period, any person may make written 16
submissions to the Minister with respect to the development 17
application. A submission by way of objection must set out the 18
grounds of the objection. 19
(4) If: 20
(a) a development application for State significant 21
development is amended, or substituted, or withdrawn and 22
later replaced before it has been determined by the 23
Minister, and 24
(b) the Director-General has complied with subsection (1) in 25
relation to the original application, 26
compliance with subsection (1) in relation to the amended, 27
substituted or later application is not required, unless the 28
Director-General determines that the amended, substituted or 29
later application substantially differs from the original 30
application. 31
89G Regulations--State significant development 32
In addition to any other matters for or with respect to which 33
regulations may be made under this Part, the regulations may 34
make provision for or with respect to the procedures and other 35
matters concerning State significant development, including the 36
following: 37
(a) the environmental impact statements to accompany 38
development applications in respect of State significant 39
development, 40
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(b) the requirements for the preparation of those 1
environmental impact statements, including consultation 2
requirements with respect to government agencies and 3
other affected persons, 4
(c) the making of orders under section 89C (3) declaring 5
specified development to be State significant 6
development, 7
(d) the making of information publicly available relating to 8
development applications in respect of State significant 9
development and the determination of those applications, 10
(e) requiring applicants to provide responses to submissions 11
made on development applications in respect of State 12
significant development. 13
89H Evaluation of development application (s 79C) 14
Section 79C applies, subject to this Division, to the determination 15
of the development application. 16
Note. Section 80 (7) provides that if a review is to be conducted by the 17
Planning Assessment Commission into proposed State significant 18
development the Minister is not to determine the development 19
application until after the review has been conducted and consideration 20
given to the findings and recommendations of the Commission. 21
89I Biobanking--special provisions 22
(1) The Minister may grant consent to State significant development 23
subject to a condition that requires the applicant to acquire and 24
retire (in accordance with Part 7A of the Threatened Species 25
Conservation Act 1995) biodiversity credits of a number and 26
class (if any) specified by the Minister in the consent. This 27
subsection applies whether or not a biobanking statement under 28
Part 7A of that Act was obtained in respect of the development. 29
(2) The Minister may approve an arrangement under which: 30
(a) the retirement of some or all of the biodiversity credits is 31
deferred pending the completion of any rehabilitation or 32
restoration action proposed to be taken on the site of the 33
State significant development, after the development has 34
been substantially completed, that will restore or improve 35
the biodiversity values affected by the development, and 36
(b) the biodiversity credits the retirement of which is deferred 37
pending the completion of those actions are required to be 38
transferred to the Minister administering the Threatened 39
Species Conservation Act 1995. 40
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(3) Division 7 of Part 7A of the Threatened Species Conservation 1
Act 1995 applies in respect of any such arrangement as if it were 2
a deferred retirement arrangement approved under that Division. 3
(4) If a biobanking statement was obtained in respect of State 4
significant development, the Minister may grant consent to the 5
development subject to a condition that requires the applicant to 6
comply with any conditions of the biobanking statement. 7
Note. The conditions of a biobanking statement may require the 8
applicant to retire biodiversity credits in respect of the development in 9
order to ensure that it maintains or improves biodiversity values, or to 10
carry out other onsite measures to minimise any negative impact of the 11
development on biodiversity values. 12
(5) A person cannot appeal to the Court in respect of a condition 13
imposed by the Minister under subsection (4). 14
89J Approvals etc legislation that does not apply 15
(1) The following authorisations are not required for State significant 16
development that is authorised by a development consent granted 17
after the commencement of this Division (and accordingly the 18
provisions of any Act that prohibit an activity without such an 19
authority do not apply): 20
(a) the concurrence under Part 3 of the Coastal Protection Act 21
1979 of the Minister administering that Part of that Act, 22
(b) a permit under section 201, 205 or 219 of the Fisheries 23
Management Act 1994, 24
(c) an approval under Part 4, or an excavation permit under 25
section 139, of the Heritage Act 1977, 26
(d) an Aboriginal heritage impact permit under section 90 of 27
the National Parks and Wildlife Act 1974, 28
(e) an authorisation referred to in section 12 of the Native 29
Vegetation Act 2003 (or under any Act repealed by that 30
Act) to clear native vegetation or State protected land, 31
(f) a bush fire safety authority under section 100B of the Rural 32
Fires Act 1997, 33
(g) a water use approval under section 89, a water 34
management work approval under section 90 or an activity 35
approval under section 91 of the Water Management Act 36
2000. 37
(2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to 38
prevent or interfere with the carrying out of State significant 39
development that is authorised by a development consent granted 40
after the commencement of this Division. 41
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(3) A reference in this section to State significant development that 1
is authorised by a development consent granted after the 2
commencement of this Division includes a reference to any 3
investigative or other activities that are required to be carried out 4
for the purpose of complying with any environmental assessment 5
requirements under this Part in connection with a development 6
application for any such development. 7
89K Approvals etc legislation that must be applied consistently 8
(1) An authorisation of the following kind cannot be refused if it is 9
necessary for carrying out State significant development that is 10
authorised by a development consent under this Division and is 11
to be substantially consistent with the consent: 12
(a) an aquaculture permit under section 144 of the Fisheries 13
Management Act 1994, 14
(b) an approval under section 15 of the Mine Subsidence 15
Compensation Act 1961, 16
(c) a mining lease under the Mining Act 1992, 17
(d) a production lease under the Petroleum (Onshore) Act 18
1991, 19
(e) an environment protection licence under Chapter 3 of the 20
Protection of the Environment Operations Act 1997 (for 21
any of the purposes referred to in section 43 of that Act), 22
(f) a consent under section 138 of the Roads Act 1993, 23
(g) a licence under the Pipelines Act 1967. 24
(2) This section does not apply to or in respect of: 25
(a) an application for the renewal of an authorisation or a 26
renewed authorisation, or 27
(b) an application for a further authorisation or a further 28
authorisation following the expiry or lapsing of an 29
authorisation, or 30
(c) in the case of an environment protection licence under 31
Chapter 3 of the Protection of the Environment Operations 32
Act 1997--any period after the first review of the licence 33
under section 78 of that Act. 34
(3) A reference in this section to an authorisation or development 35
consent includes a reference to any conditions of the 36
authorisation or consent. 37
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(4) This section applies to a person, court or tribunal that deals with 1
an objection, appeal or review conferred on a person in relation 2
to an authorisation in the same way as it applies to the person 3
giving the authorisation. 4
89L This Division prevails 5
The provisions of this Division, the regulations under this 6
Division and any other provisions of or made under this Act with 7
respect to State significant development prevail to the extent of 8
any inconsistency with any other provisions of or made under this 9
Act relating to development to which this Part applies. 10
[21] Section 91 What is "integrated development"? 11
Insert "State significant development or" after "Integrated development is 12
development (not being" in section 91 (1). 13
[22] Section 94D Section 94 or 94A conditions imposed by Minister or 14
Director-General in growth centres, council areas etc 15
Omit "the Minister is the consent authority pursuant to section 88A" from 16
section 94D (4). 17
Insert instead "the Minister is the consent authority because it is State 18
significant development". 19
[23] Section 96 Modification of consents--generally 20
Insert at the end of section 96 (5): 21
This subsection does not apply to State significant development. 22
[24] Section 97 Appeal by applicant--development applications 23
Insert at the end of the section: 24
(7) This section does not apply to a development application for 25
designated development determined by the consent authority 26
after a public hearing held by the Planning Assessment 27
Commission, or to the determination of the application. 28
[25] Section 98 Appeal by an objector 29
Insert at the end of the section: 30
(4) This section extends to a development application for State 31
significant development that would be designated development 32
but for section 77A (2), and to the determination of the 33
application. 34
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(5) This section does not apply to a development application 1
determined by the consent authority after a public hearing held by 2
the Planning Assessment Commission, or to the determination of 3
the application. 4
[26] Section 102 Non-compliance with certain provisions regarding State 5
significant development 6
Insert "State significant development or" before "designated development" 7
wherever occurring in section 102 (2). 8
[27] Section 109CA 9
Insert after section 109C: 10
109CA Minister not eligible as certifying authority 11
The Minister is not eligible to issue a certificate under this Part in 12
respect of any development for which the Minister has granted 13
development consent (or any project for which the Minister has 14
granted approval) unless the Minister is the only person 15
authorised to issue the certificate. 16
[28] Section 109K Appeals against failure or refusal to issue Part 4A 17
certificates 18
Insert "State significant development or" before "designated development" 19
wherever occurring in section 109K (3). 20
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1.3 State significant infrastructure 1
[1] Section 4 (1) 2
Insert in alphabetical order: 3
State significant infrastructure has the meaning given by 4
Part 5.1. 5
[2] Section 23 Delegation 6
Insert after section 23 (8) (a1): 7
(a2) the functions of the Minister under Part 5.1 of determining 8
an application for approval to carry out critical State 9
significant infrastructure, or 10
[3] Part 5.1 11
Insert after Part 5: 12
Part 5.1 State significant infrastructure 13
Division 1 Preliminary 14
115T Definitions 15
In this Part: 16
approved State significant infrastructure means infrastructure 17
to the extent that it is approved by the Minister under this Part 18
(but does not include any stage of the infrastructure that has not 19
yet been authorised to be carried out by an approval under a 20
staged infrastructure application). 21
critical State significant infrastructure means State significant 22
infrastructure that is critical State significant infrastructure, as 23
referred to in section 115V. 24
development includes an activity within the meaning of Part 5. 25
infrastructure means development for the purposes of 26
infrastructure, including (without limitation) development for the 27
purposes of railways, roads, electricity transmission or 28
distribution networks, pipelines, ports, wharf or boating 29
facilities, telecommunications, sewerage systems, stormwater 30
management systems, water supply systems, waterway or 31
foreshore management activities, flood mitigation works, public 32
parks or reserves management, soil conservation works or other 33
purposes prescribed by the regulations. 34
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proponent of infrastructure means the person proposing to carry 1
out development comprising all or any part of the infrastructure, 2
and includes any person certified by the Director-General to be 3
the proponent. 4
State significant infrastructure--see section 115U. 5
115U Development that is State significant infrastructure 6
(1) For the purposes of this Act, State significant infrastructure is 7
development that is declared under this section to be State 8
significant infrastructure. 9
(2) A State environmental planning policy may declare any 10
development, or any class or description of development, to be 11
State significant infrastructure. 12
(3) Development that may be so declared to be State significant 13
infrastructure is development of the following kind that a State 14
environmental planning policy permits to be carried out without 15
development consent under Part 4: 16
(a) infrastructure, 17
(b) other development that (but for this Part and within the 18
meaning of Part 5) would be an activity for which the 19
proponent is also the determining authority and would, in 20
the opinion of the proponent, require an environmental 21
impact statement to be obtained under Part 5. 22
Paragraph (b) does not apply where the proponent is a council or 23
county council. 24
(4) Specified development on specified land is State significant 25
infrastructure despite anything to the contrary in this section if it 26
is specifically declared to be State significant infrastructure. Any 27
such declaration may be made by a State environmental planning 28
policy or by an order of the Minister (published on the NSW 29
legislation website) that amends a State environmental planning 30
policy for that purpose. 31
(5) The Planning Assessment Commission or Infrastructure NSW 32
may recommend to the Minister that a declaration be made under 33
subsection (4) in respect of particular development. 34
(6) If, but for this subsection, development is both State significant 35
infrastructure because of a declaration under subsection (2) and 36
State significant development, it is not State significant 37
infrastructure despite any such declaration. 38
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(7) If, but for this subsection, development is both State significant 1
infrastructure because of a declaration under subsection (4) and 2
State significant development, it is not State significant 3
development despite any declaration under Division 4.1 of Part 4. 4
115V Critical State significant infrastructure 5
Any State significant infrastructure may also be declared to be 6
critical State significant infrastructure if it is of a category that, in 7
the opinion of the Minister, is essential for the State for 8
economic, environmental or social reasons. Any such declaration 9
may be made by the instrument that declared the development to 10
be State significant infrastructure or by a subsequent such 11
instrument. 12
Note. In the case of critical State significant infrastructure, this Part 13
contains the following additional provisions: 14
(a) section 115ZF (4), 15
(b) section 115ZG (3), 16
(c) section 115ZK. 17
Section 23 (8) also prevents the Minister delegating his or her function 18
under this Part of determining an application for approval to carry out 19
critical State significant infrastructure. 20
Division 2 Environmental assessment and approval of 21
infrastructure 22
115W Minister's approval required for State significant infrastructure 23
(1) A person is not to carry out development that is State significant 24
infrastructure unless the Minister has approved of the carrying 25
out of the State significant infrastructure under this Part. 26
(2) The person is to comply with any conditions to which such an 27
approval is subject. 28
115X Application for approval of State significant infrastructure 29
(1) The proponent may apply for the approval of the Minister under 30
this Part to carry out State significant infrastructure. 31
(2) The application is to: 32
(a) describe the infrastructure, and 33
(b) contain any other matter required by the Director-General. 34
(3) The application is to be lodged with the Director-General. 35
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115Y Environmental assessment requirements for approval 1
(1) When an application is made for the Minister's approval for State 2
significant infrastructure, the Director-General is to prepare 3
environmental assessment requirements in respect of the 4
infrastructure. 5
(2) For the purposes of the environmental assessment, the 6
environmental assessment requirements must require an 7
environmental impact statement to be prepared by or on behalf of 8
the proponent in the form approved by the Director-General. 9
(3) In preparing the environmental assessment requirements, the 10
Director-General is to consult relevant public authorities and 11
have regard to the need for the requirements to assess any key 12
issues raised by those public authorities. 13
(4) The Director-General is to notify the proponent of the 14
environmental assessment requirements. The Director-General 15
may modify those requirements by further notice to the 16
proponent. 17
115Z Environmental assessment and public consultation 18
(1) The proponent is to submit to the Director-General the 19
environmental impact statement required under this Division for 20
approval to carry out the State significant infrastructure. 21
(2) The Director-General may require the proponent to submit a 22
revised environmental impact statement to address the matters 23
notified to the proponent. 24
(3) The Director-General must make the environmental impact 25
statement publicly available for at least the minimum exhibition 26
period prescribed by the regulations. The minimum exhibition 27
period prescribed by the regulations must not be less than 28
30 days. 29
(4) During that period, any person (including a public authority) may 30
make a written submission to the Director-General concerning 31
the matter. 32
(5) The Director-General is to provide copies of submissions 33
received by the Director-General or a report of the issues raised 34
in those submissions to: 35
(a) the proponent, and 36
(b) if the State significant infrastructure will require an 37
environment protection licence under Chapter 3 of the 38
Protection of the Environment Operations Act 1997--the 39
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Department responsible to the Minister for the 1
Environment, and 2
(c) any other public authority the Director-General considers 3
appropriate. 4
(6) The Director-General may require the proponent to submit to the 5
Director-General: 6
(a) a response to the issues raised in those submissions, and 7
(b) a preferred infrastructure report that outlines any proposed 8
changes to the State significant infrastructure to minimise 9
its environmental impact or to deal with any other issue 10
raised during the assessment of the application concerned. 11
(7) If the Director-General considers that significant changes are 12
proposed to the nature of the State significant infrastructure, the 13
Director-General may make the preferred infrastructure report 14
available to the public. 15
115ZA Director-General's environmental assessment report 16
(1) The Director-General is to give a report on the State significant 17
infrastructure to the Minister for the purposes of the Minister's 18
consideration of the application for approval to carry out the 19
infrastructure. 20
(2) The Director-General's report is to include: 21
(a) a copy of the proponent's environmental impact statement 22
and any preferred infrastructure report, and 23
(b) any advice provided by public authorities on the State 24
significant infrastructure, and 25
(c) a copy of any report or advice of the Planning Assessment 26
Commission in respect of the State significant 27
infrastructure, and 28
(d) any environmental assessment undertaken by the 29
Director-General or other matter the Director-General 30
considers appropriate. 31
115ZB Giving of approval by Minister to carry out project 32
(1) If: 33
(a) the proponent makes an application for the approval of the 34
Minister under this Part to carry out State significant 35
infrastructure, and 36
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(b) the Director-General has given his or her report on the 1
State significant infrastructure to the Minister, 2
the Minister may approve or disapprove of the carrying out of the 3
State significant infrastructure. 4
(2) The Minister, when deciding whether or not to approve the 5
carrying out of State significant infrastructure, is to consider: 6
(a) the Director-General's report on the infrastructure and the 7
reports, advice and recommendations contained in the 8
report, and 9
(b) any advice provided by the Minister having portfolio 10
responsibility for the proponent, and 11
(c) any findings or recommendations of the Planning 12
Assessment Commission following a review in respect of 13
the State significant infrastructure. 14
(3) State significant infrastructure may be approved under this Part 15
with such modifications of the infrastructure or on such 16
conditions as the Minister may determine. 17
115ZC Biobanking--special provisions 18
(1) The Minister may approve State significant infrastructure subject 19
to a condition that requires the proponent to acquire and retire (in 20
accordance with Part 7A of the Threatened Species Conservation 21
Act 1995) biodiversity credits of a number and class (if any) 22
specified by the Minister in the approval. This subsection applies 23
whether or not a biobanking statement under Part 7A of that Act 24
was obtained in respect of the infrastructure. 25
(2) The Minister may approve an arrangement under which: 26
(a) the retirement of some or all of the biodiversity credits is 27
deferred pending the completion of any rehabilitation or 28
restoration action proposed to be taken on the site of the 29
State significant infrastructure, after the infrastructure has 30
been substantially completed, that will restore or improve 31
the biodiversity values affected by the infrastructure, and 32
(b) the biodiversity credits the retirement of which is deferred 33
pending the completion of those actions are required to be 34
transferred to the Minister administering the Threatened 35
Species Conservation Act 1995. 36
(3) Division 7 of Part 7A of the Threatened Species Conservation 37
Act 1995 applies in respect of any such arrangement as if it were 38
a deferred retirement arrangement approved under that Division. 39
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(4) If a biobanking statement was obtained in respect of State 1
significant infrastructure, the Minister may approve the 2
infrastructure subject to a condition that requires the proponent to 3
comply with any conditions of the biobanking statement. 4
Note. The conditions of a biobanking statement may require the 5
proponent to retire biodiversity credits in respect of the infrastructure in 6
order to ensure that it maintains or improves biodiversity values, or to 7
carry out other onsite measures to minimise any negative impact of the 8
infrastructure on biodiversity values. 9
(5) A person cannot appeal to the Court in respect of a condition 10
imposed by the Minister under subsection (4). 11
Division 3 Staged infrastructure applications 12
115ZD Staged infrastructure applications 13
(1) For the purposes of this Part, a staged infrastructure application 14
is an application for approval of State significant infrastructure 15
under this Part that sets out concept proposals for the proposed 16
infrastructure, and for which detailed proposals for separate parts 17
of the infrastructure are to be the subject of subsequent 18
applications for approval. The application may set out detailed 19
proposals for the first stage. 20
(2) If approval is granted under this Part on the determination of a 21
staged infrastructure application, the approval does not authorise 22
the carrying out of any part of the State significant infrastructure 23
unless: 24
(a) approval is subsequently granted to carry out that part of 25
the infrastructure following a further application for 26
approval in respect of that part of the infrastructure, or 27
(b) the staged infrastructure application also provided the 28
requisite details of that part of the infrastructure and 29
approval is granted for that first stage without the need for 30
further approval. 31
(3) The terms of an approval granted on the determination of a staged 32
infrastructure application are to reflect the operation of 33
subsection (2). 34
115ZE Status of staged infrastructure applications and approvals 35
(1) The provisions of or made under this or any other Act relating to 36
applications for approval and approvals under this Part apply, 37
except as otherwise provided by or under this or any other Act, to 38
a staged infrastructure application and an approval granted on the 39
determination of any such application. 40
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(2) An approval granted on the determination of a staged 1
infrastructure application for infrastructure does not have any 2
effect to the extent that it is inconsistent with the determination 3
of any further application for approval in respect of that 4
infrastructure. 5
Division 4 Application of other provisions of this and 6
other Acts 7
115ZF Application of other provisions of Act 8
(1) Part 4 and Part 5 do not, except as provided by this Part, apply to 9
or in respect of State significant infrastructure (including the 10
declaration of the infrastructure as State significant infrastructure 11
and any approval or other requirement under this Part for the 12
infrastructure). 13
(2) Part 3 and environmental planning instruments do not apply to or 14
in respect of State significant infrastructure, except that: 15
(a) they apply to the declaration of infrastructure as State 16
significant infrastructure or as critical State significant 17
infrastructure (and to the declaration of development that 18
does not require consent), and 19
(b) they apply in so far as they relate to section 28, and for that 20
purpose a reference in that section to enabling 21
development to be carried out in accordance with an 22
environmental planning instrument or in accordance with 23
a consent granted under this Act is to be construed as a 24
reference to enabling State significant infrastructure to be 25
carried out in accordance with an approval granted under 26
this Part. 27
(3) Divisions 6 and 6A of Part 4 apply to State significant 28
infrastructure that is not carried out by or on behalf of a public 29
authority (and to the giving of approval for the carrying out of any 30
such infrastructure under this Part) in the same way as they apply 31
to development and the granting of consent to the carrying out of 32
development under Part 4, subject to any necessary modifications 33
and any modifications prescribed by the regulations. 34
(4) Division 2A of Part 6 does not apply to critical State significant 35
infrastructure. 36
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(5) The regulations may make provision for or with respect to the 1
application to State significant infrastructure of the provisions 2
(with or without modification) of section 81A, section 109M or 3
any other provision of this Act relating to the issue of subdivision 4
certificates. 5
(6) Section 109R applies to approved State significant infrastructure. 6
115ZG Approvals etc legislation that does not apply 7
(1) The following authorisations are not required for approved State 8
significant infrastructure (and accordingly the provisions of any 9
Act that prohibit an activity without such an authority do not 10
apply): 11
(a) the concurrence under Part 3 of the Coastal Protection Act 12
1979 of the Minister administering that Part of that Act, 13
(b) a permit under section 201, 205 or 219 of the Fisheries 14
Management Act 1994, 15
(c) an approval under Part 4, or an excavation permit under 16
section 139, of the Heritage Act 1977, 17
(d) an Aboriginal heritage impact permit under section 90 of 18
the National Parks and Wildlife Act 1974, 19
(e) an authorisation referred to in section 12 of the Native 20
Vegetation Act 2003 (or under any Act repealed by that 21
Act) to clear native vegetation or State protected land, 22
(f) a bush fire safety authority under section 100B of the Rural 23
Fires Act 1997, 24
(g) a water use approval under section 89, a water 25
management work approval under section 90 or an activity 26
approval under section 91 of the Water Management Act 27
2000. 28
(2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to 29
prevent or interfere with the carrying out of approved State 30
significant infrastructure. 31
(3) The following directions, orders or notices cannot be made or 32
given so as to prevent or interfere with the carrying out of 33
approved critical State significant infrastructure: 34
(a) an interim protection order (within the meaning of the 35
National Parks and Wildlife Act 1974 or the Threatened 36
Species Conservation Act 1995), 37
(b) an order under Division 1 (Stop work orders) of Part 6A of 38
the National Parks and Wildlife Act 1974, Division 1 (Stop 39
work orders) of Part 7 of the Threatened Species 40
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Conservation Act 1995 or Division 7 (Stop work orders) of 1
Part 7A of the Fisheries Management Act 1994, 2
(c) a remediation direction under Division 3 (Remediation 3
directions) of Part 6A of the National Parks and Wildlife 4
Act 1974, 5
(d) an environment protection notice under Chapter 4 of the 6
Protection of the Environment Operations Act 1997, 7
(e) an order under section 124 of the Local Government Act 8
1993. 9
(4) A reference in this section to approved State significant 10
infrastructure includes a reference to any investigative or other 11
activities that are required to be carried out for the purpose of 12
complying with any environmental assessment requirements 13
under this Part in connection with an application for approval to 14
carry out the State significant infrastructure. 15
115ZH Approvals etc legislation that must be applied consistently 16
(1) An authorisation of the following kind cannot be refused if it is 17
necessary for carrying out approved State significant 18
infrastructure and is to be substantially consistent with the 19
approval under this Part: 20
(a) an aquaculture permit under section 144 of the Fisheries 21
Management Act 1994, 22
(b) an approval under section 15 of the Mine Subsidence 23
Compensation Act 1961, 24
(c) a mining lease under the Mining Act 1992, 25
(d) a production lease under the Petroleum (Onshore) Act 26
1991, 27
(e) an environment protection licence under Chapter 3 of the 28
Protection of the Environment Operations Act 1997 (for 29
any of the purposes referred to in section 43 of that Act), 30
(f) a consent under section 138 of the Roads Act 1993, 31
(g) a licence under the Pipelines Act 1967. 32
(2) This section does not apply to or in respect of: 33
(a) an application for the renewal of an authorisation or a 34
renewed authorisation, or 35
(b) an application for a further authorisation or a further 36
authorisation following the expiry or lapsing of an 37
authorisation, or 38
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(c) in the case of an environment protection licence under 1
Chapter 3 of the Protection of the Environment Operations 2
Act 1997--any period after the first review of the licence 3
under section 78 of that Act. 4
(3) A reference in this section to an authorisation or approval 5
includes a reference to any conditions of the authorisation or 6
approval. 7
(4) This section applies to a person, court or tribunal that deals with 8
an objection, appeal or review conferred on a person in relation 9
to an authorisation in the same way as it applies to the person 10
giving the authorisation. 11
Division 5 Miscellaneous 12
115ZI Modification of Minister's approval 13
(1) In this section: 14
Minister's approval means an approval to carry out State 15
significant infrastructure under this Part. 16
modification of an approval means changing the terms of the 17
approval, including revoking or varying a condition of the 18
approval or imposing an additional condition on the approval. 19
(2) The proponent may request the Minister to modify the Minister's 20
approval for State significant infrastructure. The Minister's 21
approval for a modification is not required if the infrastructure as 22
modified will be consistent with the existing approval under this 23
Part. 24
(3) The request for the Minister's approval is to be lodged with the 25
Director-General. The Director-General may notify the 26
proponent of environmental assessment requirements with 27
respect to the proposed modification that the proponent must 28
comply with before the matter will be considered by the Minister. 29
(4) The Minister may modify the approval (with or without 30
conditions) or disapprove of the modification. 31
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115ZJ Validity of action under this Part 1
(1) The validity of an approval or other decision under this Part 2
cannot be questioned in any legal proceedings in which the 3
decision may be challenged except those commenced in the 4
Court within 3 months after public notice of the decision was 5
given. 6
(2) The only requirement of this Part that is mandatory in connection 7
with the validity of an approval of State significant infrastructure 8
is a requirement that an environmental impact statement with 9
respect to the infrastructure is made publicly available under this 10
Part. 11
(3) Any infrastructure that has been approved (or purports to be 12
approved) by the Minister under this Part is taken to be State 13
significant infrastructure to which this Part applies, and to have 14
been such infrastructure for the purposes of any application or 15
other matter under this Part in relation to the infrastructure. 16
115ZK Third-party appeals and judicial review--critical State significant 17
infrastructure 18
(1) In this section: 19
breach has the meaning given by Division 3 of Part 6. 20
the judicial review jurisdiction of the Court means the 21
jurisdiction conferred on the Court under section 20 (2) of the 22
Land and Environment Court Act 1979. 23
the third-party appeal provisions means Division 3 of Part 6 of 24
this Act and sections 252 and 253 of the Protection of the 25
Environment Operations Act 1997. 26
(2) The third-party appeal provisions do not apply in relation to the 27
following (except in relation to an application to the Court made 28
or approved by the Minister): 29
(a) a breach of this Act arising under this Part in respect of 30
critical State significant infrastructure, including the 31
declaration of the development as State significant 32
infrastructure (and as critical State significant 33
infrastructure) and any approval or other requirement 34
under this Part for the infrastructure, 35
(b) a breach of any conditions of an approval under this Part 36
for critical State significant infrastructure, 37
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(c) a breach of this or any other Act arising in respect of the 1
giving of an authorisation of a kind referred to in 2
section 115ZH (1) for critical State significant 3
infrastructure (or in respect of the conditions of such an 4
authorisation). 5
(3) The conditions of approval under this Part for critical State 6
significant infrastructure are conditions that may only be 7
enforced by or with the approval of the Minister (whether under 8
the third-party appeal provisions, the judicial review jurisdiction 9
of the Court or in any other proceedings). 10
(4) The third-party appeal provisions and the judicial review 11
jurisdiction of the Court are subject to the provisions of 12
section 115ZJ. 13
115ZL Miscellaneous provisions relating to approvals under this Part 14
(1) The following documents under this Part in relation to State 15
significant infrastructure are to be made publicly available by the 16
Director-General in accordance with the regulations: 17
(a) applications to carry out State significant infrastructure, 18
(b) environmental assessment requirements for State 19
significant infrastructure, 20
(c) environmental impact statements placed on public 21
exhibition and responses provided to the Director-General 22
by the proponent after the end of the public exhibition 23
period, 24
(d) environmental assessment reports of the Director-General 25
to the Minister, 26
(e) any advice, recommendations or reports received from the 27
Planning Assessment Commission, 28
(f) approvals to carry out State significant infrastructure given 29
by the Minister, 30
(g) requests for modifications of approvals given by the 31
Minister and any modifications made by the Minister, 32
(h) any reasons given to the proponent by the Minister as 33
referred to in subsection (2), 34
(i) any other matter prescribed by the regulations. 35
(2) The Minister is to give reasons to the proponent for a decision: 36
(a) not to approve State significant infrastructure under this 37
Part, or 38
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(b) to modify the State significant infrastructure for which the 1
proponent has sought approval under this Part. 2
(3) An approval under this Part may be subject to a condition that it 3
lapses on a specified date unless specified action with respect to 4
the approval has been taken (such as the commencement of work 5
on the infrastructure). Any such condition may be modified to 6
extend the lapsing period. 7
(4) An approval under this Part may be surrendered, subject to and in 8
accordance with the regulations, by any person entitled to act on 9
the approval. 10
(5) A condition of the approval of State significant infrastructure 11
under this Part may require any one or more of the following: 12
(a) the surrender under this section of any other approval 13
under this Part (or under Part 3A) relating to the 14
infrastructure or the land concerned, 15
(b) the surrender under section 104A of any development 16
consent relating to the infrastructure or the land concerned, 17
(c) the surrender, subject to and in accordance with the 18
regulations, of a right conferred by Division 10 of Part 4 19
relating to the infrastructure or the land concerned. 20
115ZM Regulations for purposes of Part 21
The regulations may make provision for or with respect to the 22
approval of State significant infrastructure under this Part and to 23
approved State significant infrastructure, including: 24
(a) the requirements and procedures for making applications 25
for approvals under this Part, and 26
(b) requiring owners of land on which State significant 27
infrastructure is proposed to be carried out to consent to 28
applications for approvals under this Part, and 29
(c) the amendment of applications for approvals under this 30
Part, and 31
(d) the preparation, notification and modification of 32
requirements for environmental assessment of State 33
significant infrastructure, and 34
(e) the requirements for environmental impact statements 35
under this Part, and 36
(f) the fees for applications and the exercise of functions 37
under this Part, and 38
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(g) requiring the New South Wales Aboriginal Land Council 1
to consent to applications for approvals under this Part on 2
land owned by Local Aboriginal Land Councils, if the 3
consent of the Local Aboriginal Land Council concerned 4
is required as owner of the land, and 5
(h) providing for public exhibition, notification and public 6
registers of applications for approvals under this Part (or 7
for the modification of approvals) and of the determination 8
of those applications, and 9
(i) the effect of the revocation of the declaration of 10
development as State significant infrastructure. 11
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1.4 Planning Assessment Commission 1
[1] Section 23D Functions of Commission 2
Omit section 23D (1) (a). Insert instead: 3
(a) any function delegated to the Commission under this Act, 4
[2] Section 23D (1) (b) 5
Insert "or the Director-General" after "Minister" wherever occurring. 6
[3] Section 23D (1) (b) 7
Omit section 23D (1) (b) (ii)-(iv). Insert instead: 8
(ii) to review any (or any aspect or part of any) development, 9
activity, infrastructure or project to which this Act applies, 10
and 11
(iii) to hold a public hearing into any matter the subject of any 12
such advice or review, and 13
[4] Section 23E Reviews by, and procedures of, Commission 14
Omit section 23E (b). 15
[5] Schedule 3 Planning Assessment Commission 16
Omit the definition of member from clause 1. Insert instead: 17
member means the chairperson or other member of the 18
Commission. 19
[6] Schedule 3, clause 2 (1) 20
Omit the subclause. Insert instead: 21
(1) The Commission is to consist of not less than 4 and not more than 22
9 members appointed by the Minister. 23
[7] Schedule 3, clause 5 (3) 24
Insert ", but may not hold office as a member for more than 6 years in total". 25
after "eligible to be re-appointed". 26
[8] Schedule 3, clause 6 27
Omit the clause. Insert instead: 28
6 Members may be full-time or part-time 29
The Minister may appoint a member on either a full-time or 30
part-time basis. The Minister may change the basis of the 31
appointment during the member's term of office. 32
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[9] Schedule 3, clause 7 1
Omit the clause. Insert instead: 2
7 Remuneration 3
(1) A full-time member is entitled to be paid: 4
(a) remuneration in accordance with the Statutory and Other 5
Offices Remuneration Act 1975, and 6
(b) such travelling and subsistence allowances as the Minister 7
may from time to time determine in respect of the member. 8
(2) A part-time member is entitled to be paid such remuneration 9
(including travelling and subsistence allowances) as the Minister 10
may from time to time determine in respect of the member. 11
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1.5 Joint Regional Planning Panels 1
[1] Section 23G Joint regional planning panels 2
Insert after section 23G (2): 3
(2A) An environmental planning instrument may only confer a 4
council's functions as consent authority on a regional panel if the 5
development is of a class or description set out in Schedule 4A. 6
The functions of a consent authority may only be conferred on a 7
regional panel in accordance with subsection (2) (a) and this 8
subsection. 9
(2B) Any environmental planning instrument that is in force on the 10
commencement of subsection (2A) ceases to have effect to the 11
extent that it is inconsistent with that subsection. 12
[2] Section 23G (4A) 13
Insert after section 23G (4): 14
(4A) Legal proceedings by or against a regional panel are to be taken 15
in the name of the regional panel and not by or against the 16
members of the regional panel. 17
[3] Schedule 4 Joint Regional Planning Panels 18
Omit the definition of member from clause 1. Insert instead: 19
member means the chairperson or other member of a regional 20
panel. 21
[4] Schedule 4, clause 2 (2) 22
Omit the subclause. Insert instead: 23
(2) One of the State members is to be appointed by the Minister as 24
chairperson of the regional panel. The Minister is required to 25
obtain the concurrence of the Local Government and Shires 26
Associations of New South Wales to the appointment unless: 27
(a) the Associations fail to notify their concurrence or refusal 28
to concur within 21 days of being requested to do so by the 29
Minister, or 30
(b) the Associations have refused to concur in 2 different 31
persons proposed by the Minister for appointment. 32
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[5] Schedule 4A 1
Insert after Schedule 4: 2
Schedule 4A Development for which regional 3
panels may be authorised to 4
exercise consent authority 5
functions of councils 6
1 Definitions 7
(1) In this Schedule: 8
capital investment value has the same meaning as in the 9
regulations under this Act. 10
coastal zone has the same meaning as in the Coastal Protection 11
Act 1979. 12
Crown development means development carried out by or on 13
behalf of the Crown (within the meaning of Division 4 of Part 4 14
of this Act). 15
eco-tourist facility means a building or place used for tourist and 16
visitor accommodation, function centres or environmental 17
facilities, that is located in a natural environment and is primarily 18
used for activities involving education about, or the 19
interpretation, cultural understanding or appreciation of, the 20
natural environment. 21
metropolitan coastal zone means that part of the coastal zone 22
between the northern boundary of the local government area of 23
Newcastle City and the southern boundary of the local 24
government area of Shellharbour City. 25
rail infrastructure facilities has the same meaning as it has in 26
Division 15 of Part 3 of State Environmental Planning Policy 27
(Infrastructure) 2007. 28
road infrastructure facilities has the same meaning as it has in 29
Division 17 of Part 3 of State Environmental Planning Policy 30
(Infrastructure) 2007. 31
sensitive coastal location means any of the following which 32
occur within the coastal zone: 33
(a) land within 100m above mean high water mark of the sea, 34
a bay or an estuary, 35
(b) a coastal lake, 36
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(c) a declared Ramsar wetland within the meaning of the 1
Environment Protection and Biodiversity Conservation 2
Act 1999 of the Commonwealth, 3
(d) a declared World Heritage property within the meaning of 4
the Environment Protection and Biodiversity 5
Conservation Act 1999 of the Commonwealth, 6
(e) land declared as an aquatic reserve under the Fisheries 7
Management Act 1994, 8
(f) land declared as a marine park under the Marine Parks Act 9
1997, 10
(g) land within 100m of any of the following: 11
(i) the water's edge of a coastal lake, 12
(ii) land to which paragraph (c), (d), (e) or (f) applies, 13
(iii) land reserved under the National Parks and Wildlife 14
Act 1974, 15
(iv) land to which State Environmental Planning Policy 16
No 14--Coastal Wetlands applies, 17
(h) residential land (within the meaning of State 18
Environmental Planning Policy No 26--Littoral 19
Rainforests) that is within a distance of 100m from the 20
outer edge of the heavy black line on the series of maps 21
held in the Department and marked "State Environmental 22
Planning Policy No 26--Littoral Rainforests (Amendment 23
No 2)". 24
subdivision of land does not include a boundary adjustment, a 25
strata subdivision, or a community title subdivision associated 26
with another development that has been approved. 27
(2) Words and expressions in this Schedule have (subject to 28
subclause (1)) the same meaning as they have in the standard 29
instrument prescribed by the Standard Instrument (Local 30
Environmental Plans) Order 2006. 31
2 Excluded development 32
Development of a class or description otherwise set out in this 33
Schedule is excluded from this Schedule if it is: 34
(a) complying development, or 35
(b) development for which development consent is not 36
required, or 37
(c) development that is State significant development, or 38
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(d) development for which a person or body other than a 1
council is the consent authority, or 2
(e) development within the area of the City of Sydney. 3
3 General development over $20 million 4
Development that has a capital investment value of more than 5
$20 million. 6
4 Council related development over $5 million 7
Development that has a capital investment value of more than 8
$5 million if: 9
(a) a council for the area in which the development is to be 10
carried out is the applicant for development consent, or 11
(b) the council is the owner of any land on which the 12
development is to be carried out, or 13
(c) the development is to be carried out by the council, or 14
(d) the council is a party to any agreement or arrangement 15
relating to the development (other than any agreement or 16
arrangement entered into under the Act or for the purposes 17
of the payment of contributions by a person other than the 18
council). 19
5 Crown development over $5 million 20
Crown development that has a capital investment value of more 21
than $5 million. 22
6 Private infrastructure and community facilities over $5 million 23
Development that has a capital investment value of more than 24
$5 million for any of the following purposes: 25
(a) air transport facilities, electricity generating works, port 26
facilities, rail infrastructure facilities, road infrastructure 27
facilities, sewerage systems, telecommunications 28
facilities, waste or resource management facilities, water 29
supply systems, or wharf or boating facilities, 30
(b) affordable housing, child care centres, community 31
facilities, correctional centres, educational establishments, 32
group homes, health services facilities or places of public 33
worship. 34
7 Eco-tourist facilities over $5 million 35
Development for the purpose of eco-tourist facilities that has a 36
capital investment value of more than $5 million. 37
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8 Particular designated development 1
Development for the purposes of: 2
(a) extractive industries, which meet the requirements for 3
designated development under clause 19 of Schedule 3 to 4
the Environmental Planning and Assessment Regulation 5
2000, or 6
(b) marinas or other related land and water shoreline facilities, 7
which meet the requirements for designated development 8
under clause 23 of Schedule 3 to the Environmental 9
Planning and Assessment Regulation 2000, or 10
(c) waste management facilities or works, which meet the 11
requirements for designated development under clause 32 12
of Schedule 3 to the Environmental Planning and 13
Assessment Regulation 2000. 14
9 Coastal subdivision 15
Development within the coastal zone for the purposes of 16
subdivision of the following kind: 17
(a) subdivision of land for any purpose into more than 18
100 lots, if more than 100 of the lots will not be connected 19
to an approved sewage treatment work or system, 20
(b) subdivision of land for residential purposes into more than 21
100 lots, if the land: 22
(i) is not in the metropolitan coastal zone, or 23
(ii) is wholly or partly in a sensitive coastal location, 24
(c) subdivision of land for rural-residential purposes into more 25
than 25 lots, if the land: 26
(i) is not in the metropolitan coastal zone, or 27
(ii) is wholly or partly in a sensitive coastal location. 28
10 Development subject to delays in determination 29
Development that has a capital investment value of more than 30
$10 million but less than $20 million: 31
(a) for which a development application to the relevant 32
council has been lodged but not determined within 33
120 days after the application was lodged, and 34
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(b) that is the subject of a written request to that council by the 1
applicant for the application to be dealt with by a regional 2
panel, 3
unless the chairperson of the regional panel concerned 4
determines that the delay in determining the development 5
application was caused by the applicant. 6
11 Development in council areas where development assessment 7
unsatisfactory 8
(1) Development within the area of a particular council for particular 9
purposes designated by the Minister by order published on the 10
NSW legislation website. 11
(2) Such an order cannot be made unless the Minister is satisfied that 12
the performance of the council concerned in dealing with 13
development matters has not met applicable performance criteria. 14
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
1.6 Miscellaneous amendments 1
[1] Section 23 Delegation 2
Omit section 23 (8) (a1). 3
[2] Section 54 Relevant planning authority 4
Omit section 54 (2) (c). Insert instead: 5
(c) the Planning Assessment Commission or a joint regional 6
planning panel has recommended to the Minister that the 7
proposed instrument should be submitted for a 8
determination under section 56 (Gateway determination) 9
or that the proposed instrument should be made, 10
[3] Section 82A Review of determination 11
Insert at the end of the section: 12
(12) This section does not apply where a regional panel exercises a 13
council's functions as the consent authority. 14
[4] Section 110 Definitions 15
Insert "or Part 5.1" after "Part 3A" in section 110 (2). 16
[5] Section 112 Decision of determining authority in relation to certain 17
activities 18
Insert "or Part 5.1" after "Part 3A" in section 112 (6). 19
[6] Section 115R Application of other provisions of this Act 20
Insert "or declared to be State significant infrastructure" after "Part 3A 21
applies" in section 115R (3A). 22
[7] Section 115RA Shark meshing 23
Insert "or declared to be State significant infrastructure" after "Part 3A 24
applies" in section 115RA (3). 25
[8] Section 121A Definitions 26
Insert "or in the case of State significant infrastructure" after "Part 3A applies" 27
in the definition of consent authority. 28
[9] Section 121A, definition of "development consent" 29
Insert "and also includes, in the case of State significant infrastructure, an 30
approval under Part 5.1 to carry out the infrastructure" after "carry out the 31
project". 32
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
[10] Section 121B Orders that may be given by consent authority or by 1
Minister etc 2
Insert ", in connection with State significant infrastructure" after "Part 3A 3
applies" in section 121B (1) (aa). 4
[11] Section 121B, Table item 18 5
Insert "or Part 5.1" after "Part 3A". 6
[12] Section 121D Circumstances in which compliance with sections 7
121F-121K is required 8
Insert at the end of the section: 9
, or 10
(d) an order given by the Minister or the Director-General in 11
connection with State significant development or State 12
significant infrastructure. 13
[13] Section 121O Development consent or approval not required to comply 14
with order 15
Insert "or Part 5.1" after "Part 3A". 16
[14] Section 122A Application of Division 17
Insert after section 122A (1): 18
(1A) This Division also applies to the carrying out of State significant 19
development that has development consent under Part 4 and to 20
the carrying out of State significant infrastructure approved under 21
Part 5.1. In this Division, any such development or infrastructure 22
is referred to as a project. 23
[15] Section 122G Purposes for which powers under Division may be 24
exercised 25
Insert "or Part 5.1" after "Part 3A" in section 122G (1) (b). 26
[16] Section 145B Exemption from liability--contaminated land 27
Insert "or Part 5.1" after "Part 3A" in section 145B (2) (c). 28
[17] Section 147 Disclosure of political donations and gifts 29
Insert "or State significant infrastructure" after "State significant 30
development" in paragraph (b) of the definition of relevant planning 31
application in section 147 (2). 32
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
[18] Section 147 (2) 1
Insert after paragraph (b) of the definition of relevant planning application: 2
(b1) an application for approval of State significant 3
infrastructure (or for the modification of the approval for 4
any such infrastructure), or 5
[19] Schedule 6 Savings, transitional and other provisions 6
Insert at the end of clause 89 (2): 7
This subclause ceases to have effect on the repeal of Part 3A of 8
the Act. 9
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
1.7 Transitional arrangements for existing Part 3A projects 1
[1] Schedule 6 Savings, transitional and other provisions 2
Insert at the end of clause 1 (1): 3
Environmental Planning and Assessment Amendment (Part 3A 4
Repeal) Act 2011 5
[2] Schedule 6A 6
Insert after Schedule 6: 7
Schedule 6A Transitional arrangements--repeal 8
of Part 3A 9
1 Definitions 10
(1) In this Schedule: 11
environmental assessment requirements means: 12
(a) environmental assessment requirements for approval to 13
carry out a project notified to the proponent of the project 14
under Part 3A, or 15
(b) environmental assessment requirements accepted by the 16
Director-General as environmental assessment 17
requirements for approval to carry out a project under 18
clause 8J of the Environmental Planning and Assessment 19
Regulation 2000, 20
but does not include draft environmental assessment 21
requirements or environmental assessment requirements for the 22
purposes of the approval of a concept plan. 23
Part 3A means Part 3A of this Act, as in force immediately before 24
the repeal of that Part and as modified under this Schedule after 25
that repeal. 26
Part 3A project application means an application under Part 3A 27
for approval to carry out a project (or part of a project) or for 28
approval of a concept plan for a project. 29
transitional Part 3A project--see clause 2. 30
(2) Words and expressions used in this Schedule have the same 31
meaning as they had in Part 3A immediately before its repeal. 32
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
2 Transitional Part 3A projects 1
(1) For the purposes of this Schedule, the following are transitional 2
Part 3A projects: 3
(a) an approved project (whether approved before or after the 4
repeal of Part 3A), 5
(b) a project for which environmental assessment 6
requirements were notified or adopted before the repeal of 7
Part 3A, 8
(c) a project that is the subject of a Part 3A project application 9
and that the regulations declare to be a transitional Part 3A 10
project. 11
(2) However, a transitional Part 3A project does not include any of 12
the following: 13
(a) a project that ceases to be a project to which Part 3A of this 14
Act applies by the operation of State Environmental 15
Planning Policy (Major Development) Amendment 2011, 16
(b) a project that ceases to be a project to which Part 3A of this 17
Act applies by the operation of any other State 18
environmental planning policy, of this Schedule or of a 19
regulation under this Act. 20
(3) A transitional Part 3A project includes a part of a project if: 21
(a) that part of the project was the subject of a separate 22
application for approval to carry out that part of the 23
project, and 24
(b) that part of the project meets the criteria under this clause 25
for a transitional Part 3A project. 26
(4) A transitional Part 3A project extends to the project as varied by 27
changes to the Part 3A project application or project approval, 28
whether made before or after the repeal of Part 3A. 29
3 Continuation of Part 3A--transitional Part 3A projects 30
(1) Part 3A continues to apply to and in respect of a transitional 31
Part 3A project. 32
(2) For that purpose: 33
(a) any State environmental planning policy or other 34
instrument made under Part 3A, as in force on the repeal of 35
that Part and as amended after that repeal, continues to 36
apply to and in respect of a transitional Part 3A project, and 37
(b) declarations, orders, directions, determinations or other 38
decisions with respect to a transitional Part 3A project 39
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
continue to have effect and may continue to be made under 1
Part 3A (including for the purpose of the application or 2
continued application of Part 4 or 5 or other provisions of 3
this Act in relation to the project). 4
(3) The regulations may modify provisions of Part 3A (and the 5
instruments or decisions referred to in subclause (2)) as they 6
apply to a transitional Part 3A project. 7
(4) The declaration of development as a project under Part 3A (or as 8
a critical infrastructure project) is revoked if the development is 9
not, or ceases to be, a transitional Part 3A project. 10
(5) A transitional Part 3A project is not State significant 11
development or State significant infrastructure. 12
(6) This clause is subject to the other provisions of this Schedule. 13
4 Construing references to Part 3A 14
A reference in this Act (other than this Schedule) or in any other 15
Act or in any instrument made under an Act to Part 3A or to a 16
provision of that Part is to be construed as a reference to that Part 17
or that provision as continued by this Schedule. 18
5 Part 3A projects that become State significant infrastructure 19
(1) Specified development on specified land that was a project to 20
which Part 3A applied immediately before its repeal may be 21
declared to be State significant infrastructure under 22
section 115U (4). 23
(2) Any such development may be declared to be State significant 24
infrastructure whether or not the development is a transitional 25
Part 3A project. On the making of the declaration it ceases to be 26
a transitional Part 3A project. 27
(3) Despite anything to the contrary in any environmental planning 28
instrument, any such development that is declared to be State 29
significant infrastructure is taken to be development that may be 30
carried out without development consent under Part 4. 31
(4) For the purposes of Part 5.1 of the Act in its application to any 32
such development: 33
(a) a concept plan approved under Part 3A in relation to the 34
development (whether before or after the repeal of 35
Part 3A) is taken to be an approval (and the concept 36
proposals) for a staged infrastructure application under 37
Division 3 of Part 5.1, and 38
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
(b) any approval under Part 3A to carry out part of the 1
development is taken to be approval under Part 5.1 for the 2
carrying out of that stage of the development, and 3
(c) any environmental assessment requirements, any 4
statement of environmental assessment, any public 5
exhibition or any other action under Part 3A in relation to 6
the development is taken to be environmental assessment 7
requirements, an environmental impact statement, public 8
exhibition or other action taken under the corresponding 9
provisions of Part 5.1, unless the Director-General directs 10
that any such action be taken again under Part 5.1. 11
6 Part 3A projects that become State significant development 12
(1) This clause applies to development (other than a transitional 13
Part 3A project or State significant infrastructure) that was a 14
project the subject of a Part 3A project application and that 15
becomes State significant development. 16
(2) For the purposes of Part 4 in its application to any such 17
development: 18
(a) any approval under Part 3A to carry out part of the 19
development is taken to be a development consent under 20
Part 4 for the carrying out of that stage of the development, 21
and 22
(b) any environmental assessment requirements, any 23
statement of environmental assessment, any public 24
exhibition or any other action under Part 3A in relation to 25
the development are taken to be environmental assessment 26
requirements, an environment impact statement, public 27
exhibition or other action taken under the corresponding 28
provisions of Part 4, unless the Director-General directs 29
that any such action be taken again under Part 4. 30
7 Regulations relating to projects ceasing to be Part 3A 31
(1) The regulations may make provision for or with respect to the 32
effect of the revocation (whether or not under this Schedule) of a 33
declaration of development as a project under Part 3A or as a 34
critical infrastructure project. 35
(2) In particular, the regulations may make provision for or with 36
respect to: 37
(a) the revival of consents or approvals under other Parts of 38
this Act, and 39
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
(b) the recognition of any environmental assessment or any 1
other action for the purposes of other Parts of this Act, and 2
(c) the continuing effect of provisions of Part 3A for the 3
purposes of other Parts of this Act. 4
8 Continuing operation of Part 3A concept plan provisions for 5
non-Part 3A transitional projects 6
(1) This clause applies to development: 7
(a) that was a project the subject of a Part 3A project 8
application before the repeal of Part 3A (but not an 9
approved project), and 10
(b) that is not a transitional Part 3A project to which Part 3A 11
continues to apply, and 12
(c) that is not State significant infrastructure for which a 13
concept plan has been approved under Part 3A. 14
This clause applies even if the declaration of the development as 15
a project to which Part 3A applies has been revoked. 16
(2) If the Director-General had, before the repeal of Part 3A, notified 17
the proponent of environmental assessment requirements for an 18
application for approval of a concept plan for development to 19
which this clause applies, Part 3A continues to apply for the 20
purposes only of the determination of the application (including 21
for the purposes of the modification of any concept plan that is 22
approved by the determination). 23
(3) The regulations may modify provisions of Part 3A as they 24
continue to apply for those purposes. 25
(4) The following provisions apply to development to which this 26
clause applies that is covered by a concept plan that is approved 27
under Part 3A (whether before or after the repeal of Part 3A): 28
(a) the development is taken to be development that may be 29
carried out with development consent under Part 4 (despite 30
anything to the contrary in an environmental planning 31
instrument), 32
(b) any development standard that is within the terms of the 33
approval of the concept plan has effect, 34
(c) a consent authority must not grant consent under Part 4 for 35
the development unless it is satisfied that the development 36
is generally consistent with the terms of the approval of the 37
concept plan, 38
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Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
(d) a consent authority may grant consent under Part 4 for the 1
development without complying with any requirement 2
under any environmental planning instrument relating to a 3
master plan, 4
(e) the provisions of any environmental planning instrument 5
or any development control plan do not have effect to the 6
extent to which they are inconsistent with the terms of the 7
approval of the concept plan, 8
(f) an order or direction under section 75P (2) has no effect to 9
the extent to which it is inconsistent with the terms of the 10
approval of the concept plan. 11
9 Compensation not payable 12
(1) Compensation is not payable by or on behalf of the State: 13
(a) because of the enactment, making or operation of any of 14
the following: 15
(i) the Environmental Planning and Assessment 16
Amendment (Part 3A Repeal) Act 2011, 17
(ii) State Environmental Planning Policy (Major 18
Development) Amendment 2011 or any other 19
environmental planning instrument, regulation or 20
decision relating to the removal of any project from 21
the operation of Part 3A (whether made before or 22
after the commencement of this clause), or 23
(b) because of any consequence of any such enactment, 24
making or operation, or 25
(c) because of any statement or conduct relating to any such 26
enactment, making or operation, or 27
(d) because of any other statement or conduct relating to the 28
repeal or proposed repeal of Part 3A (including the 29
termination of consideration of any application or proposal 30
under that Part in anticipation of its repeal). 31
(2) This clause extends to statements, conduct and any other matter 32
occurring before the commencement of this clause. 33
(3) In this clause: 34
compensation includes damages or any other form of monetary 35
compensation. 36
conduct includes any act or omission, whether unconscionable, 37
misleading, deceptive or otherwise. 38
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Amendment of Environmental Planning and Assessment Act 1979 No 203 Schedule 1
statement includes a representation of any kind: 1
(a) whether made verbally or in writing, and 2
(b) whether negligent, false, misleading or otherwise. 3
the State means the Crown within the meaning of the Crown 4
Proceedings Act 1988 or an officer, employee or agent of the 5
Crown. 6
10 Savings and transitional regulations 7
(1) This clause applies to regulations made under Part 1 of 8
Schedule 6 that contain provisions of a savings or transitional 9
nature consequent on the enactment of the Environmental 10
Planning and Assessment Amendment (Part 3A Repeal) Act 11
2011. 12
(2) The provisions of those regulations have effect despite anything 13
to the contrary in this Schedule. 14
(3) The regulations may make separate savings and transitional 15
provisions or amend this Schedule to consolidate the savings and 16
transitional provisions. 17
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Schedule 2 Consequential and other amendments
Schedule 2 Consequential and other amendments 1
2.1 Aboriginal Land Rights Act 1983 No 42 2
Section 40 Interpretation 3
Insert at the end of paragraph (b) of the definition of development application 4
in section 40 (1): 5
, or 6
(c) an application for approval of State significant 7
infrastructure under Part 5.1 of the Environmental 8
Planning and Assessment Act 1979. 9
2.2 Barangaroo Delivery Authority Act 2009 No 2 10
Section 4 Definitions 11
Insert "and State significant infrastructure within the meaning of Part 5.1 of 12
that Act" after "of that Act" in the definition of development in section 4 (1). 13
2.3 Building and Construction Industry Long Service Payments 14
Act 1986 No 19 15
Section 3 Definitions 16
Insert "or Part 5.1" after "Part 3A" in section 3 (3). 17
2.4 Coastal Protection Act 1979 No 13 18
[1] Section 37B Concurrence of Minister not required for certain 19
development 20
Omit the note to the section. Insert instead: 21
Note. The concurrence of the Minister under this Part is also not 22
required for other development under the Environmental Planning and 23
Assessment Act 1979 (see projects approved under Part 3A and State 24
significant development or infrastructure). 25
[2] Section 55K Breach of coastal zone management plan: offence 26
Insert "or approved State significant infrastructure within the meaning of 27
Part 5.1 of that Act" after "of that Act" in section 55K (b). 28
[3] Section 55L Breach of coastal zone management plan: restraint 29
Insert "or approved State significant infrastructure within the meaning of 30
Part 5.1 of that Act" after "of that Act" in section 55L (5) (a). 31
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Consequential and other amendments Schedule 2
[4] Section 55Y Removal of emergency coastal protection works 1
Insert "or approved State significant infrastructure within the meaning of 2
Part 5.1 of that Act" after "of that Act" in section 55Y (4). 3
[5] Section 55ZA Order to remove certain materials and structures 4
unlawfully placed on beaches (other than emergency coastal protection 5
works) 6
Insert "or approved State significant infrastructure within the meaning of 7
Part 5.1 of that Act" after "of that Act" in section 55ZA (6). 8
[6] Section 55ZB Stop work orders relating to materials and structures 9
unlawfully being placed on beaches (other than emergency coastal 10
protection works) 11
Insert "or approved State significant infrastructure within the meaning of 12
Part 5.1 of that Act" after "of that Act" in section 55ZB (2). 13
2.5 Electricity Supply (General) Regulation 2001 14
Clause 104A Definitions 15
Insert "or Part 5.1" after "Part 3A" in paragraph (b) of the definition of 16
development consent in clause 104A (1). 17
2.6 Fisheries Management Act 1994 No 38 18
[1] Section 163 Grant of aquaculture lease 19
Insert "or Part 5.1" after "Part 3A" in section 163 (7B) (b). 20
[2] Section 218 Fishways to be provided in construction of dams and weirs 21
Insert "or Part 5.1" after "Part 3A" in section 218 (5C). 22
[3] Section 220ZF Defences 23
Insert after section 220ZF (1) (b) (iii): 24
(iv) State significant infrastructure approved under 25
Part 5.1 of the Environmental Planning and 26
Assessment Act 1979, or 27
2.7 Forestry and National Park Estate Act 1998 No 163 28
Section 36 Application of Environmental Planning and Assessment Act 29
1979 30
Insert ", or State significant infrastructure under Part 5.1," after "Part 3A" in 31
section 36 (2A). 32
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Schedule 2 Consequential and other amendments
2.8 Gas Supply (Safety and Network Management) Regulation 1
2008 2
Clause 34A Definitions 3
Insert "or Part 5.1" after "Part 3A" in paragraph (b) of the definition of 4
development consent in clause 34A (1). 5
2.9 Hawkesbury-Nepean River Act 2009 No 14 6
Section 4 Definitions 7
Insert ", State significant infrastructure (within the meaning of Part 5.1 of that 8
Act)" after "Part 3A of that Act)" in the definition of in-stream development 9
in section 4 (1). 10
2.10 Heritage Act 1977 No 136 11
[1] Section 56 Definitions 12
Omit paragraph (a) of the definition of prescribed application. Insert instead: 13
(a) the Environmental Planning and Assessment Act 1979, not 14
being an application under Part 3A or Part 5.1 or an 15
application relating to State significant development or 16
integrated development, 17
[2] Section 66 Application of Subdivision 18
Omit "Part 3A and Division 5 of Part 4 excepted". 19
Insert instead "Part 3A, the provisions relating to State significant 20
development or integrated development and Part 5.1 excepted". 21
2.11 Homebush Motor Racing (Sydney 400) Act 2008 No 106 22
Section 26 Application of Environmental Planning and Assessment Act 23
1979 24
Insert ", or State significant infrastructure under Part 5.1," after "Part 3A" in 25
section 26 (3). 26
2.12 Liquor Act 2007 No 90 27
Section 45 Decision of Authority in relation to licence application 28
Insert "or Part 5.1" after "Part 3A" in section 45 (3) (c). 29
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
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Consequential and other amendments Schedule 2
2.13 Liquor Regulation 2008 1
Clause 15 Applications for certain licence-related authorisations 2
Insert "or Part 5.1" after "Part 3A" in clause 15 (2) (b). 3
2.14 Major Events Act 2009 No 73 4
Section 51 Modification of environmental planning instruments and 5
development consents 6
Insert "or Part 5.1" after "Part 3A" in the definition of development consent 7
in section 51 (7). 8
2.15 Marine Parks (Zoning Plans) Regulation 1999 9
Clause 1.41 Consent by relevant Ministers not required for certain 10
activities 11
Insert ", or State significant infrastructure under Part 5.1," after "Part 3A" in 12
clause 1.41 (2) (c). 13
2.16 Mining Act 1992 No 29 14
[1] Section 168A Addition or variation of conditions in certain 15
circumstances 16
Insert "or Part 5.1" after "Part 3A" in the note to section 168A (1). 17
[2] Schedule 1 Public consultation with respect to the granting of 18
assessment leases and mining leases 19
Insert "or Part 5.1" after "Part 3A" in clause 4A. 20
[3] Dictionary 21
Insert "or Part 5.1" after "Part 3A" in the definition of development consent. 22
2.17 Motor Sports (World Rally Championship) Act 2009 No 55 23
Section 10 Application of Environmental Planning and Assessment Act 24
1979 25
Insert ", or State significant infrastructure under Part 5.1," after "Part 3A" in 26
section 10 (3). 27
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Schedule 2 Consequential and other amendments
2.18 National Parks and Wildlife Act 1974 No 80 1
[1] Section 91AA Director-General may make stop work order 2
Insert at the end of section 91AA (4) (d): 3
, or 4
(e) State significant infrastructure approved under Part 5.1 of 5
the Environmental Planning and Assessment Act 1979. 6
[2] Section 98 Harming protected fauna, other than threatened species, 7
endangered populations or endangered ecological communities 8
Insert at the end of section 98 (5) (d): 9
, or 10
(e) State significant infrastructure approved under Part 5.1 of 11
the Environmental Planning and Assessment Act 1979. 12
[3] Section 99A Directions relating to protected fauna 13
Insert after section 99A (6) (c1): 14
(c2) in relation to anything essential for the carrying out of 15
State significant infrastructure approved under Part 5.1 of 16
the Environmental Planning and Assessment Act 1979, or 17
[4] Section 118A Harming or picking threatened species, endangered 18
populations or endangered ecological communities 19
Insert after section 118A (3) (b) (iv): 20
(v) State significant infrastructure approved under 21
Part 5.1 of the Environmental Planning and 22
Assessment Act 1979, or 23
[5] Section 118C Damage to critical habitat 24
Insert after section 118C (5) (b) (iv): 25
(v) State significant infrastructure approved under 26
Part 5.1 of the Environmental Planning and 27
Assessment Act 1979, or 28
[6] Section 118D Damage to habitat of threatened species, endangered 29
populations or endangered ecological communities 30
Insert after section 118D (2) (b) (iv): 31
(v) State significant infrastructure approved under Part 32
5.1 of the Environmental Planning and Assessment 33
Act 1979, or 34
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Consequential and other amendments Schedule 2
[7] Section 156A Offence of damaging reserved land 1
Insert after section 156A (2) (c) (iii): 2
(iv) State significant infrastructure approved under Part 3
5.1 of the Environmental Planning and Assessment 4
Act 1979, or 5
2.19 National Parks and Wildlife Regulation 2009 6
[1] Clause 11 Littering and damage 7
Insert after clause 11 (2) (b) (iii): 8
(iv) State significant infrastructure approved under 9
Part 5.1 of the Environmental Planning and 10
Assessment Act 1979, or 11
[2] Clause 17 Erection and occupation of structures 12
Insert after clause 17 (2) (b) (iii): 13
(iv) State significant infrastructure approved under 14
Part 5.1 of the Environmental Planning and 15
Assessment Act 1979, or 16
[3] Clause 18 Protection of vegetation 17
Insert after clause 18 (2) (b) (iii): 18
(iv) State significant infrastructure approved under 19
Part 5.1 of the Environmental Planning and 20
Assessment Act 1979, or 21
2.20 Petroleum (Onshore) Act 1991 No 84 22
[1] Section 48 Application of this Division to Government bodies where 23
development consent etc not required 24
Insert "or Part 5.1" after "Part 3A" in section 48 (1). 25
[2] Section 54A Division applies only where development consent etc not 26
required 27
Insert "or Part 5.1" after "Part 3A". 28
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Schedule 2 Consequential and other amendments
2.21 Plantations and Reafforestation Act 1999 No 97 1
Section 9 Offence with respect to unauthorised plantations 2
Insert at the end of paragraph (b) in the definition of ancillary plantation 3
operations in section 9 (4): 4
, or 5
(c) the carrying out of approved State significant 6
infrastructure within the meaning of Part 5.1 of that Act, 7
2.22 Protection of the Environment Operations Act 1997 No 156 8
[1] Section 50 Timing of licensing of development requiring consent under 9
EP&A Act 10
Insert "or infrastructure" after "a project" in the definition of development 11
consent in section 50 (4). 12
[2] Section 50 (4) 13
Insert "or Part 5.1" after "Part 3A" in the definition of development consent. 14
2.23 Redfern-Waterloo Authority Act 2004 No 107 15
[1] Section 28 Authority as approval body for State infrastructure or other 16
significant projects 17
Insert ", or State significant infrastructure for the purposes of Part 5.1," after 18
"Part 3A" in section 28 (1). 19
[2] Section 29 Heritage matters 20
Insert "or that is State significant infrastructure to which Part 5.1 of that Act 21
applies" after "Part 3A of that Act applies" in section 29 (1). 22
2.24 Roads Act 1993 No 33 23
Section 64 RTA may exercise functions of roads authority with respect 24
to certain roads 25
Insert ", or State significant infrastructure approved under Part 5.1," after 26
"Part 3A" in section 64 (1A). 27
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Consequential and other amendments Schedule 2
2.25 Statutory and Other Offices Remuneration Act 1975 (1976 1
No 4) 2
Schedule 2 Public Offices 3
Insert at the end of Part 1 of the Schedule: 4
Full-time member of the Planning Assessment Commission 5
2.26 Subordinate Legislation Act 1989 No 146 6
Section 10A Certain statutory rules to remain in force 7
Insert after section 10A (2): 8
(3) Despite the other provisions of this Part, the Environmental 9
Planning and Assessment Regulation 2000 remains in force until 10
1 September 2013, unless sooner repealed. 11
2.27 Threatened Species Conservation Act 1995 No 101 12
[1] Section 114 Director-General may make stop work order 13
Insert after section 114 (4) (a1): 14
(a2) State significant infrastructure approved under Part 5.1 of 15
the Planning Act, or 16
[2] Section 126I Effect of biodiversity certification 17
Insert after section 126I (1): 18
(1A) Infrastructure under Part 5.1 of the Planning Act 19
The environmental assessment requirements for the approval of 20
State significant infrastructure under Part 5.1 of the Planning Act 21
do not require an assessment of the impact of the infrastructure 22
on biodiversity values if the infrastructure is carried out or 23
proposed to be carried out on biodiversity certified land. 24
[3] Section 126ZW Effect of changes to biodiversity certification on 25
development and other activities 26
Insert after section 126ZW (1) (a): 27
(a1) any approval of State significant infrastructure under 28
Part 5.1 of the Planning Act granted before the suspension, 29
revocation, modification or expiry, 30
[4] Part 7A, Introductory note 31
Insert "or Part 5.1" after "Part 3A". 32
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
Bill 2011
Schedule 2 Consequential and other amendments
[5] Section 127ZG Application for retirement of biodiversity credits 1
Omit section 127ZG (2) (c). Insert instead: 2
(c) for the purpose of complying with a condition of an 3
approval or consent granted by the Minister under Part 3A, 4
Part 4 or Part 5.1 of the Planning Act, or 5
[6] Section 127ZJ Development for which biobanking is available 6
Insert "or development that is State significant infrastructure under Part 5.1 of 7
that Act" after "Part 3A of the Planning Act applies". 8
[7] Section 127ZQ Modification, revocation and lapsing of biobanking 9
statement 10
Insert after section 127ZQ (7) (a): 11
(a1) in the case of a statement that relates to State significant 12
infrastructure to which Part 5.1 of the Planning Act 13
applies, the Minister administering that Act approves the 14
infrastructure, or 15
[8] Section 127ZR Minister may require retirement of credits 16
Insert after section 127ZR (3) (a): 17
(a1) in the case of a statement that relates to State significant 18
infrastructure to which Part 5.1 of the Planning Act 19
applies, the Minister administering that Act imposes the 20
credit retirement condition as a condition of approval 21
under that Part, or 22
2.28 Threatened Species Conservation Regulation 2010 23
Clause 33 Defences 24
Insert after clause 33 (c) (ii): 25
(iia) State significant infrastructure approved under Part 5.1 of 26
that Act, or 27
2.29 Transport Administration Act 1988 No 109 28
Section 18 Definitions 29
Insert ", State significant infrastructure within the meaning of Part 5.1 of that 30
Act" after "Part 3A of that Act" in the definition of development in 31
section 18 (1). 32
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Environmental Planning and Assessment Amendment (Part 3A Repeal)
Bill 2011
Consequential and other amendments Schedule 2
2.30 Water Management Act 2000 No 92 1
Section 345 Harm to aquifers and waterfront land 2
Insert after section 345 (3) (a) (iv): 3
(v) infrastructure approved under Part 5.1 of that Act, or 4
2.31 Water Sharing Plan for the Bega and Brogo Rivers Area 5
Regulated, Unregulated and Alluvial Water Sources 2011 6
Clause 89 General 7
Insert ", or State significant infrastructure approved under Part 5.1," after 8
"Part 3A" in clause 89 (5). 9
2.32 Water Sharing Plan for the Greater Metropolitan Region 10
Groundwater Sources 2011 11
[1] Clause 36 Access rules for the taking of water 12
Insert ", or State significant infrastructure approved under Part 5.1," after 13
"Part 3A" in clause 36 (1). 14
[2] Clause 53 General 15
Insert ", or State significant infrastructure approved under Part 5.1," after 16
"Part 3A" in clause 53 (3). 17
2.33 Water Sharing Plan for the Murrah-Wallaga Area 18
Unregulated and Alluvial Water Sources 2010 19
Clause 59 General 20
Insert ", or State significant infrastructure approved under Part 5.1," after 21
"Part 3A" in clause 59 (3). 22
2.34 Water Sharing Plan for the Richmond River Area 23
Unregulated, Regulated and Alluvial Water Sources 2010 24
Clause 81 General 25
Insert ", or State significant infrastructure approved under Part 5.1," after 26
"Part 3A" in clause 81 (3). 27
Page 57
Environmental Planning and Assessment Amendment (Part 3A Repeal)
Bill 2011
Schedule 2 Consequential and other amendments
2.35 Water Sharing Plan for the Towamba River Unregulated and 1
Alluvial Water Sources 2010 2
Clause 61 General 3
Insert ", or State significant infrastructure approved under Part 5.1," after 4
"Part 3A" in clause 61 (3). 5
2.36 Water Sharing Plan for the Tweed River Area Unregulated 6
and Alluvial Water Sources 2010 7
Clause 64 General 8
Insert ", or State significant infrastructure approved under Part 5.1," after 9
"Part 3A" in clause 64 (3). 10
Page 58
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