Digital Train Radio System Como Site Review of Environmental ...

2 Statutory Position and Requirements
The description of the proposed works and the associated environmental impacts have been
undertaken in the context of Clause 228 of the Environmental Planning and Assessment
Regulation 2000, the Threatened Species Conservation Act 1995 (TSC Act), and the
(Commonwealth) Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
In doing so, this REF helps fulfil the requirements of Section 111 of the Environmental Planning
and Assessment Act 1979 (EP&A Act), that RailCorp must examine and take into account to the
fullest extent possible, all matters affecting or likely to affect the environment by reason of the
activity. The legislative framework relevant to the proposed works and associated approvals is
set out in the following sections.
2.1 Environmental Planning and Assessment Act 1979
The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes the statutory
framework for planning and environmental assessment in New South Wales. Implementation of
the EP&A Act is the responsibility of the Minister for Planning and Infrastructure, statutory
authorities and local councils.
The EP&A Act contains three parts which impose requirements for planning approval:
• Part 3A provides for control of ‘major infrastructure and other projects’ that require approval
from the Minister for Planning and Infrastructure;
• Part 4 generally provides for the control of local ‘development that requires development
consent from the local Council’; and
• Part 5 provides for the control of ‘activities’ that do not require development consent and
are undertaken or approved by a determining authority.
The applicable approval process is generally determined by reference to the relevant
environmental planning instruments and other controls. These include Local Environmental
Plans (LEP) and State Environmental Planning Policies (SEPPs). Pursuant to Section 36 of the
EP&A Act there is a general presumption that a SEPP prevails over a LEP in the event of an
inconsistency.
As RailCorp is the determining authority and this site falls under the definition of activities that
do not require consent, the approval of this site will be sought under Part 5 of the EP&A Act.
2.2 State Environmental Planning Policy (Infrastructure) 2007
The State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) provides a consistent
planning regime for infrastructure and the provision of services across NSW, along with
providing for consultation with relevant public authorities during the assessment process.