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 development by an order of the Minister (published in the Gazette).

Any such development may be declared to be State significant development 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.

For the purposes of Part 4 in its application to any such development—

any approval under Part 3A to carry out part of the development is taken to be a development consent under Part 4 for the carrying out of that part of the development, and

any environmental assessment requirements, any statement of environmental assessment, any public exhibition, any response to submissions by a proponent or any other action under Part 3A in relation to the development are taken to be environmental assessment requirements, an environmental impact statement, public exhibition, a response to submissions by an applicant or other action taken under the corresponding provisions of Part 4, unless the Secretary directs that any such action be taken again under Part 4.

Despite subclause (3), 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 4.

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

State significant development declared under this clause is taken to be State significant development declared under section 89C(3).