Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

The following are, subject to this Schedule, transitional Part 3A projects—

an approved project (whether approved before or after the repeal of Part 3A),

a project that is the subject of an approved concept plan (whether approved before or after the repeal of Part 3A),

a project for which environmental assessment requirements for approval to carry out the project, or for approval of a concept plan for the project, were last notified or adopted within 2 years before the relevant Part 3A repeal date (unless the environmental assessment is not duly submitted on or before 30 November 2012 or on or before such later day as the Secretary may allow by notice in writing to the proponent),

a project for which an environmental assessment (whether for approval to carry out the project or for approval of a concept plan for the project) was duly submitted before the relevant Part 3A repeal date.

Environmental assessment requirements referred to in subclause (1)(c) do not include environmental assessment requirements determined under section 75P(1)(a).

If the environmental assessment requirements referred to in subclause (1)(c) are expressed to expire at a particular time, those requirements continue and do not expire at that time.

A part of a project is a transitional Part 3A project if that part of the project meets the criteria under this clause for a transitional Part 3A project even though the whole project does not meet those criteria.

A transitional Part 3A project extends to the project as varied by changes to the Part 3A project or concept plan application, to the concept plan approval or to the project approval, whether made before or after the repeal of Part 3A.

Development is not a transitional Part 3A project if it ceased to be a project to which Part 3A applies before the repeal of Part 3A or if it ceases to be such a project after that repeal in accordance with the provisions of or continued by this Schedule.

The repeal, on the commencement of this Schedule, of provisions of the State Environmental Planning Policy (Major Development) 2005 that declared development as projects to which Part 3A applied (or as critical infrastructure projects) does not affect the operation of this Schedule.

(Repealed)