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

Specified development on specified land that was a project (or a specified class of development that were projects) to which Part 3A applied immediately before its repeal may be declared to be State significant infrastructure by an order of the Minister (published in the Gazette).

Any such development may be declared to be State significant infrastructure whether or not the development is a transitional Part 3A project. On the making of the declaration it ceases to be a transitional Part 3A project.

Despite anything to the contrary in any environmental planning instrument, any such development that is declared to be State significant infrastructure is taken to be development that may be carried out without development consent under Part 4.

For the purposes of Part 5.1 of the Act in its application to any such development—

a concept plan approved under Part 3A in relation to the development (whether before or after the repeal of Part 3A) is taken to be an approval (and the concept proposals) for a staged infrastructure application under Division 3 of Part 5.1, and

any approval under Part 3A to carry out development is taken to be approval under Division 5.2 for the carrying out of that development, and

any environmental assessment requirements, any statement of environmental assessment, any public exhibition, any response to submissions, any preferred project report by a proponent or any other action under Part 3A in relation to the development is taken to be environmental assessment requirements, an environmental impact statement, public exhibition, a response to submissions, a preferred infrastructure report by a proponent or other action taken under the corresponding provisions of Part 5.1, unless the Secretary directs that any such action be taken again under Part 5.1.

Despite subclause (4), a request to modify an approved project or concept plan under section 75W that, by operation of clause 3BA(4), cannot be dealt with under that section is not taken to be an action taken under a provision of Part 5.1.

If a single proposed development comprises development that is only partly State significant infrastructure declared under this clause, the remainder of the development (except so much of the remainder of the development as is State significant development or as the Secretary determines is not sufficiently related to the State significant infrastructure)—

may be carried out without development consent under Part 4 of the Act, and

is also declared to be State significant infrastructure for the purposes of the Act.

State significant infrastructure declared under this clause is taken to be State significant infrastructure declared under section 115U(4).

An approved project (whether approved before or after the repeal of Part 3A) that is State significant infrastructure declared under this clause and that is also declared to be a critical infrastructure project is taken to be critical State significant infrastructure declared under section 5.13 of the Act.