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Assessment Act 1979 (NSW) (EP&A Act) has now been repealed and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EP&A Act had not been repealed.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