Many will be aware of the fact that legislation repealing the
controversial Part 3A from the planning system passed State
Parliament recently. This legislation has since been followed
by an announcement from the Minister for Planning and
Infrastructure that a comprehensive review of the State's
planning legislation would be conducted over the next 18
As passed by Parliament, the principal provisions of the
Environmental Planning and Assessment Amendment (Part 3A
Repeal) Act 2011 commenced on 1 October 2011 so that Part 3A
has now been wiped from the statute books. However, before
that date another provision of the amending Act, which has perhaps
not received as much publicity as the principal provisions, had
already commenced on 26 August 2011. This provision has the
important effect of postponing the staged repeal of the existing
Environmental Planning and Assessment Regulation until 1 September
2013. The existing Regulation had previously been due for
repeal on 1 September 2011.
In the months prior to the March 2011 election, the previous
State government had exhibited the draftEnvironmental Planning and Assessment Regulation
2010. That draft, whilst proposing to replace the
existing regulation, was predominantly similar to it.
However, the key changes in concept included:
a new streamlined process to improve DA turnaround times;
making it more difficult to establish "physical
commencement" of work required to avoid lapsing of a
development consent; and
significant altering of requirements for information to be
provided in planning certificates under section 149(2) and ( 5) of
the EP&A Act.
Presumably that draft regulation has now been abandoned, and
consideration of improvements to the mechanics of the development
system set out in the existing Regulation will form part of the new
State government's comprehensive 18-month review of the entire
planning system. More information about this ongoing review
can be found at www.planningreview.nsw.gov.au.
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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