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Please note that planning law in New South Wales is in a period of transition. Legislation has been passed that will amend the law with regards to Part 3A. The EDO is currently updating this fact sheet and we will make it available as soon as possible after the new provisions come into force.

If you have any queries regarding the current state of planning law, please contact our Environmental Law Advice Line anytime between 2:30 PM-5:00 PM from Monday-Thursday on (02) 9262-6989 (Sydney Office) and 9:00am-5:00pm Monday to Friday (Northern Rivers Office)

2.3 Part 3A Major project approvals

2.3.1 Overview
2.3.2 What is a Part 3A project?
2.3.3 Critical Infrastructure Projects
2.3.4 How is a Part 3A project processed?
2.3.5 Appeals

2.3.2 What is a Part 3A project?

Part 3A projects are developments that, in the opinion of the Planning Minister, are of State or regional environmental planning significance, or for which an EIS under Part 5 would have been required.1 In practice, Part 3A projects are usually large government infrastructure projects, such as roads, pipelines, desalination plants and dams, but can also include large private developments which are not carried out by a public authority.2

Once a project falls within the category of a Part 3A project, then the assessment and approval process under Part 4 or Part 5 of the EPA Act cease to apply and is replaced by the Part 3A process.3

2.3.2.1 How are Part 3A projects identified?

The EPA Act itself does not state which kinds of projects are covered by Part 3A. Rather, Part 3A projects are identified in:

  • SEPP (Major Projects) 2005, or
  • can be declared by Ministerial Order (of the Planning Minister).4

Either individual projects, or categories of projects, can be declared to be Part 3A projects under a SEPP or an order. Ministerial Orders declaring Part 3A to apply to a project are published in the NSW Government Gazette.5

2.3.2.2 SEPP (Major Projects) 2005

SEPP (Major Projects) 2005 identifies developments which are to be treated as Part 3A projects.

Schedule 1 of the SEPP provides a list of the types (or classes) of development which can be considered to be major projects.

These include:

  • Intensive livestock industries that employ 20 people or more
  • coal mining and sand mining developments
  • extractive industries taking more than 200,000 tonnes per year
  • certain marina facilities
  • sewage and waste water treatment plants for more than 10,000 people
  • pipelines, and
  • remediation of some contaminated site.

If the Planning Minister is of the opinion that a particular project falls within one of these categories, and meets any specified thresholds, then the Minister can declare it to be a Part 3A project.

Schedule 2 of the SEPP lists specific sites (rather than general categories) which can be considered to be Part 3A projects. This list includes things such as high-impact developments (landfill, mining, marinas, subdivisions etc) within the coastal zone, certain industrial developments at Kurnell, and developments on Sydney Harbour Foreshore sites.

As with Schedule 1, if the Planning Minister is of the opinion that a particular development falls within one of the definitions in Schedule 2, then it can be declared to be a Part 3A Major project.

2.3.2.3 Ministerial Orders

Developments which do not fall within one of the categories listed in SEPP (Major projects) 2005 can still be dealt with by the Planning Minister as a Part 3A project upon the Minister publishing a Ministerial Order in the NSW Government Gazette.6

2.3.2.3.1 New Infrastructure Laws for NSW

In March 2009, the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 passed through NSW parliament. The implications of this Act are very significant. The Act applies to infrastructure projects identified as critical through the COAG (Council of Australian Governments) funding process.

Part 5 of the Act allows the new Coordinator General to make an order by writing that the Environmental Planning and Assessment Act (EPA Act) does NOT apply to such projects. Additionally, the Act cannot be prohibited by a Local Environment Plan, it cannot be assessed under Part 5 of the EPA Act and it cannot be declared as a Part 3A project. Alternatively, authorisation is sought from the Coordinator-General who may, upon approval of the project, attach conditions (including environmental protection). He/she may specify public notification requirements once authorisation is given.

There is no scope for public submissions or public participation prior to an authorisation being granted and there are no appeal rights to authorisation.

Click here to view the full National Building and Jobs Plan (State Infrastructure Delivery) Act

 

  1. EPA Act, s 75B(2).
  2. EPA Act, s 75A definitions "major infrastructure development".
  3. EPA Act, s 75R.
  4. EPA Act, s 75B(1).
  5. EPA Act, s 75B(1)(b).
  6. EPA Act, s 75B(1)(b), (2).