- Policy And Legislation
- EP&A Act Updated
- Guide To The Updated Environmental Planning And Assessment Act 1979
- Part 4 – State significant development and ending Part 3A
The Government is committed to halving assessment times for major projects, without reducing the quality of the assessment of environmental and other impacts.
To simplify and clarify the process for State significant development, transferrable conditions are being introduced (consent conditions that can become dormant where they are also imposed by an environment protection licence or other instrument) to reduce regulatory duplication while ensuring the environmental issue is regulated using the most up-to-date instrument.
Other new measures include providing the Minister with the capacity to initiate updates to reporting, auditing and other machinery conditions where they are imposed at the time the approval was granted, to ensure they are contemporary and enforceable; confirming the conditions of consent can require a proponent to provide a bond or other financial assurance for decommissioning and/or rehabilitation; and removing duplicative functions of the Planning Assessment Commission while strengthening its public hearing process.
The transitional arrangements for former Part 3A projects has closed. This means that all future modifications to these projects will now be assessed under the State significant development (SSD) or State significant infrastructure (SSI) pathways.
Project proponents had until 28 February 2018 to lodge any final requests to modify under the old Part 3A pathway. Proponents that lodged requests by that date have until 1 September 2018 to lodge their environmental impact documentation. If this documentation is not received by 1 September, proposals will generally not be able to proceed by Part 3A and will need to be relodged as either a new SSD or SSI modification application.
The discontinuation of the transition arrangements for Part 3A projects and concept plans means that future modifications will be assessed through the SSD and SSI pathways. For any project or concept plan transitioning to SSD, the test for future modifications under Part 4 will apply to the project or concept plan at the time it becomes SSD, not as it was originally approved.
The introduction of transferrable conditions will be available from 1 March 2018 for SSD only. This will be followed by the staged introduction of new and existing consent processes during 2018 and provide time for guidance to be developed in consultation with stakeholders.
The changes to end close the transitional arrangements for Part 3A projects will commence from 1 March 2018 with a regulation to end the transitional arrangements.
To read more about the changes to the Act see Part 5 - Infrastructure delivery.
Page last updated: 25/02/2019