13 May 2005

Easier approvals planned for NSW major projects

Approvals for major projects in NSW will be easier to obtain under plans announced yesterday by the State Government.

This is the second tranche of reforms to NSW's planning laws (the first part reduced the number of council local environment plans). It's not clear yet when these reforms will be implemented, or what the details will be. We'll be following these developments with interest and keep you informed.

"One assessment — one approval"

Most of those developments which currently required Ministerial approval will now be local councils' responsibility, with the State Government to approve major projects which are significant to the State on social, environmental or economic grounds.

Those that remain with the State Government will enjoy a consolidated approval process, called "one assessment — one approval". This means one document and one approval process, with detailed assessments (including environmental) tailored to each project, based on their level of risk and significance. This change is expected to make the approval process much cheaper and quicker.

Additionally, a single State Environmental Planning Policy — State Significant Developments will apply to these projects.

Concept approval

Concept approvals will allow applicants to get approval of the broad parameters of a project, before large amounts of money are committed to the project.

Public Private Partnerships in particular will benefit from the introduction of concept approvals, as Government agencies will be able to get concept approval before their private partners develop detailed proposals.

Expert assessment

Environmental, community and other concerns would be dealt with at any stage in the approval process by the Independent Hearing and Assessment Panel, made up of technical experts in different disciplines.

Critical infrastructure

If a major project is considered by the Minister for Infrastructure, Planning and Natural Resources to be essential to the state's economic or environmental wellbeing, it can be classed as ‘critical infrastructure', and as a result will be exempt from some regulatory approvals.

What won't change

These reforms will not affect the requirements for

  • a licence under the Protection of the Environment Operations Act
  • consideration by the applicant and consent authority of all aspects of the environment when assessing a development's impact, including social and economic factors, as required by the Environmental Planning and Assessment Act
  • community consultation and taking their concerns into consideration.

Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.
For more information, contact...
Email: Doug Jones, Partner
Tel: +61 2 9353 4120
Email: Brendan Bateman, Partner
Tel: +61 2 9353 4224
Email: Frank Bannon, Partner
Tel: +61 2 9353 4221
Email: Andrew Poulos, Partner
Tel: +61 2 9353 4195

To view claytonutz.com correctly, you should upgrade your browser