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These Fact Sheets are a guide only and are no substitute for legal advice relating to your particular issue. If you need legal advice about your particular issue, please call our FREE Environmental Law Advice Line
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| 1 | Overview |
| 2 | What is a Part 3A project? |
| 3 | Critical Infrastructure Projects |
| 4 | How is a Part 3A project processed? |
| 5 | Appeals |
1 Overview
Commission means Planning Assessment Commission
DECCW means the NSW Department of Environment, Climate Change and Water
Director-General means the Director-General of DECCW.
Environment Minister means the NSW Minister for Climate Change and the Environment
LEC Act means the Land and Environment Court Act 1979.
LEP means Local Environmental Plan
NPW Act means National Parks and Wildlife Act 1974
Planning Minister means the NSW Minister for Planning
Proponent means the person or company who proposes a development, usually called a “developer”.
SEPP means State Environmental Planning Policy
In 2005, the EPA Act was amended to replace the former category of State significant development with a new category called “Part 3A Major projects”.1
The Part 3A major project amendments were introduced by:
- Inserting a new Part 3A into the EPA Act (which sets out the process for approving a Part 3A project),2 and
- SEPP (Major Projects) 2005, (which specifies which projects fall within the Part 3A category).3
All major projects, which include a sub-category of critical infrastructure projects, are now assessed and approved under these Part 3A provisions, rather than under Part 4 or Part 5 of the EPA Act. The Planning Minister is the consent authority for all major projects and critical infrastructure.4
The main effect of the Part 3A amendments has been to remove many major projects from assessment and approval under the Part 4 development consent process and Part 5 activity assessment process, and to give control of these projects to the Planning Minister.
This fact sheet outlines the assessment and approval process for Part 3A Major projects.
1.1 Useful web links
Part 3A projects are approved by the Planning Minister, and administered by the Department of Planning:
- Click here to go to NSW Department of Planning's website on Part 3A Projects, which includes a series of fact sheets on Part 3A projects
1.2 Useful legal texts
- Environmental & Planning Law in New South Wales, by Lyster, Lipman, Franklin, Wiffen and Pearson, The Federation Press (2007), Chapters 2-4
- The Environmental Law Handbook, Farrier and Stein, eds, 4th ed.
- Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005; EPA Act, Sch 6, cl 89(2) declares a reference in any Act or instrument to State significant development to be a project to which Part 3A applies.
- See also EPA Regulation 2000, Part 1A (Major projects), cll 8A – 8P.
- Formerly known as SEPP (State Significant Development) 2005.
- EPA Act, s 75D(1).