Environmental Planning and Assessment Act: Provisions and Consent

Phase 1-
The Environmental Planning and Assessment Act that is EP & A Act came in to
existence on 1 August 2005 and the New South Wales Government announced the
inclusion of new Part 3A for Major Infrastructure and other projects to the
Environmental Planning and Assessment Act 1979. Under Part 3A, the Minister is
mentioned as the sole determining authority. However it should be noted that recent
reforms to Part 3A aim to make ineffective the arrangements for the determination of
Part 3A projects (Department of the Environment and Energy, 2019)1.
Thesis
Provisions are found in the EPI under the relevant zoning. Project can be classified
under two purposes – one permissible and the other prohibited as stated in Friends of
Pryor Park Inc v Ryde Council [19952].The activities has been categorised into eight
groups. Categorisation is based on nature of similarity of work and its likely impacts.
 Group 1 - Routine work of minor nature - preparatory, rehabilitation or
investigative.
 Group 2 - Routine and minor work - supporting infrastructure (such as signage
and lighting)
 Group 3 - Routine and minor work - infrastructure work within current road
footprint.
 Group 4 - Ancillary facilities (such as work compounds and rest areas)3
1 Shoalhaven Local Environmental Plan 2014.
22.Friends of Pryor Park Inc v Ryde Council [1995] (Unreported, 2019).
3 Environmental Planning and Assessment Act 1979 (NSW) s 4.5(b).

 Group 5 - Supporting construction - basins, drains and culverts etc.
 Group 6– basic utilities and fencing.
 Group 7 – waterways works (such as snag removal and bank stabilisation)
 Group 8 - Primary infrastructure construction work (including carriageways,
bridges and batters)4.
4 State Environmental Planning Policy (State and Regional Development) 2011 sch 1 cl 13(1).

Consent provisions-
The Australian Governments perform power with regards to the provisions that ate
needed for the submission and approval of various development project. The States and
Territories have to perform the major role, while the Commonwealth has accountability
regarding subjects concerning national environmental required under the Environment
Protection and Biodiversity Conservation Act 1999 (the EPBC Act), also for projects
proposed on Commonwealth lands and in Commonwealth waters5. Local governments
also perfroma important role to play using legislative ways for major approvals’6,
however Ministers have authority under certain situations to declare a development
project to be a major project, which effectively prohibits the power local government
related to planning (Inquiry into the NSW Planning Framework, 2009)7
Development that needs consent
An environmental planning principles has mentions the development, a group of
development, which can be declaredbased onspecified developmentalstandards, is
complying development8.
What development is complying development?
1- Development that is defined in a complying development code that completes the
standards specified for that development and that is in conformity with the requirements
of this Division for complying development for the requirements of the Policy.
2- EP&A Act: finding out of complying development. (s 84A)9
5Uniform Civil Procedure Rules 2005, r 42.1
6 Commonwealth Environmental Protection And Biodiversity Conservation Act 1999 (NSW Dept. of Planning,
2007).
7Department of the Environment and Energy. (2019).
Department of the Environment and Energy. [online]
8Friends of Pryor Park Inc v Ryde Council [1995] (Unreported, 2019).
9 State Environmental Planning Policy (State and Regional Development) 2011 cl 8(2).

(1) Any individual may carry out complying development on land if:
(a)- he has valid development certificate.
(b)- The development is being executed in accordance with:
(i)- The complying development certificate issued,
(ii)- Any provisions mentioned in environmental planning instrument, development
control management and provisions that applied to the execution of the complying
development on the land at the time of issuance of complying development certificate.
Strategic Planning and Assessment can include the cumulative impacts that arise from
multiple developmental projects and other related activities on landscape ecosystems. In
turn, this can result in less resource intensive and time consuming subsequent project
assessment and approval processes, since some of the concerns have already been
handled.
As per Section 75O of the Environmental Planning and Assessment Act 1979,10 the
Minister for Planning and Infrastructure, determine:
a) To certify the Concept Plan given in Schedule 111, referring to the regulations of
approval in Schedule 2 and the changes in Schedule 3;
b)Undersection75P(1)(b) 12of the Act that approves to execute the development, is to
be subject to:
10 A Hawke,
Report of the Independent Review of the Environment Protection and
Biodiversity Conservation Act 1999 (2009)
<https://www.environment.gov.au/system/files/resources/5f3fdad6-30ba-48f7-ab17-
c99e8bcc8d78/files/final-report.pdf>.
11Chatswood Transport Interchange (NSW Dept. of Infrastructure, Planning and Natural Resources, 2004).
12 State Environmental Planning Policy (State and Regional Development) 2011 cl 8(2)(a); Besmaw Pty Ltd v
Secretary of the Department of Planning and Environment [2017] NSWLEC 74, [83] (Robson J).

i. Part 4 of the Act, that includes sections of the development which are of the tyoe
suitable for approval with consent by an applicable environmental planning instrument
(EPI);
ii. Part 5 of the Act, activities of the project which are under part 5 and declared as
those does not require cosent by an applicable EPI;
iii. Section 76 of the Act, includes part if development which are exempted for
approvals as,
c) Under section 75P (2)(c) of the Act: 13where project is subject to other those are
complying development, that development is subject to the further environmental
assessment required as specified in Schedule 3 of the approval14, and
ii- Where project is under Part 5 of the Act, that plan is subject to the more
environmental assessment required as. specified in Schedule 3 of this approval.
Legislative provisions-
The EP&A Act 1979mentions the provisions required for environmental planning for
environment impact assessment in New South Wales15. The objects of the EP&A Act
1979 include various provisions related to-:
 The adequate management, development and conservation of natural resources
The provision and coordination of the orderly, economic and efficient use and
development of land (Law et al., 2017).
13 Environmental Planning and Assessment Act 1979 (NSW) s 4.38(5)
14 Department Of The Environment And Energy", Department Of The Environment And Energy (Webpage,
2019) <http://www.environment.gov.au/about-us/esd>.
15Environment Protection and Biodiversity Conservation Act 1999 (Cth

Environment protection, including the protection and conservation of indigenousflora
and fauna, including threatened species, populations and ecological communities, and
their habitats16.
16Threatened Species Conservation Act 1995, Div 2, Pt 6