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ARTICLE · 20 JANUARY 2017

Time is running out for Part 3A EP&A Act 1979 (NSW) modifications

Holding Redlich
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For those who have the benefit of existing project approvals, these changes necessitate an awareness of the timeframes.

AustraliaReal Estate and Construction
Peter Holt
Peter Holt
Rebecca Hiscock (Formerly With Holding Redlich)
Rebecca Hiscock (Formerly With Holding Redlich)
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Part 3A (Major Infrastructure and Other Projects) of the Environmental Planning and Assessment Act 1979 (EP&A Act) was repealed shortly after the Coalition Government came to power in 2011.

The decision to repeal Part 3A was part of the Government's election commitment to return a broad range of decision-making powers to local communities.

On its repeal, Part 3A was replaced by two assessment pathways: State significant development (SSD) and State significant infrastructure (SSI).

Despite its repeal, transitional arrangements in Schedule 6A to the EP&A Act still enable existing Part 3A project approvals to be modified under section 75W of the EP&A Act.

The modification power for project approvals is much wider than the corresponding power to modify other development under section 96 of the EP&A Act.

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