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ARTICLE · 15 MARCH 2019

Concurrence and referrals: New step in powers for the NSW Planning Secretary

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The Planning Secretary was given new powers to step in to seek to reduce delays and resolve disputes between agencies.

AustraliaReal Estate and Construction
Breellen Warry
Breellen Warry
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As part of the recent reforms to the Environmental Planning and Assessment Act 1979 (the EP&A Act), the Secretary of the Department of Planning and Environment (the Planning Secretary) was given new step in powers to seek to prevent delays to applications and resolve disputes between agencies for integrated development. 

Until now however, nothing in the Environmental Planning and Assessment Regulation 2000 (the EP&A Regulation) authorised the Planning Secretary to exercise these powers, as required by the EP&A Act.

Amendments to the EP&A Regulation have now been published which authorise the Planning Secretary to step in, in certain circumstances. The relevant state assessment requirements have also been published which set out the matters that should be considered by the Planning Secretary when acting on behalf of an approval body. 

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