Posted on September 28, 2011 by Frances Tse
Part 3A to be repealed on 1 October 2011
The commencement proclamation for the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (Amendment Act) has been published today, appointing 1 October 2011 as the day on which Part 3A is to be repealed and the new approvals regimes for ‘State significant development’ and ‘State significant infrastructure’ be introduced.
On that day the following instruments will commence:
- the entire Amendment Act, save for proposed section 109CA (which deals with the eligibility of the Minister to issue Part 4A certificates in respect of development for which the Minister has granted development consent),
- the State Environmental Planning Policy (State and Regional Development) 2011 (SEPP), and
- the Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 (Amendment Regulation).
The changes to be made by the Amendment Act have been previously discussed in posts on this site on 17 June 2011 and 24 June 2011 and the consultation draft of the SEPP was discussed on this site on 30 August 2011.
We are currently reviewing in detail the SEPP, in particular the changes made to it since the consultation draft, and the Amendment Regulation, in particular its proposed changes to the savings and transitional arrangments for Part 3A projects.
We will provide a more comprehensive discussion in the near future of how these will impact on current and future major development in NSW.