The Part 5 assessment system was created as part of the Environmental Planning and Assessment Act (EP&A Act) in 1979.
The purpose of the Part 5 system is to ensure public authorities fully consider environmental issues before they undertake or approve activities that don't require development consent. As such, it has commonly been used to assess activities such as roads, railways, dredging and forestry works which don't require consent. If these activities are judged by the relevant public authority to significantly affect the environment, then an environmental impact statement will need to be prepared and considered by this authority.
Changes to the EP&A Act which commenced on 1 October 2011 means that some activities under the Part 5 assessment system will be determined by the Minister for Planning and Infrastructure, following an assessment by the Department. More information is available on the State significant infrastructure page.
Exempt development
Some development (such as decks, awnings, aerials, flagpoles and fences) may also be regarded as exempt development in either the council or NSW Government code and require no planning approval at all. Other legislation may well apply (such as the Roads Act).
More information on Part 5 issues:
Register of development assessment guidelines