In our legal update on 13 May 2011, we outlined the initial
transitional arrangements announced by the Minister pending the
repeal of Part 3A.
On 16 June 2011, the NSW Government tabled the Environmental
Planning and Assessment Amendment (Part 3A Repeal) Bill 2011
(Bill) which, if passed by the Parliament, will
essentially return NSW to the planning arrangements which were in
place prior to the introduction of the Part 3A system, in which two
separate assessment pathways were used by the Government to assess
projects.
Under the Bill, an alternative assessment system is created for the
assessment and determination of projects of "genuine State
significance". The Bill establishes two separate
assessment frameworks for State significant development
(SSD) and State significant infrastructure
(SSI). Individual projects falling within
these two categories will be assessed by the Department of Planning
and Infrastructure (Department), with all other
Projects to be
