Review of Environmental Factors - Transport for NSW - NSW ...

2 Statutory Position and RequirementsThe description of the proposed works and the associated environmental impacts has beenundertaken in the context of Clause 228 of the Environmental Planning and AssessmentRegulation 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 Planningand Assessment Act 1979 (EP&A Act), that RailCorp must examine and take into account, tothe fullest extent possible, all matters affecting or likely to affect the environment by reason ofthe activity. The legislative framework relevant to the proposed works and associated approvalsis set out in the following sections.2.1 Environmental Planning and Assessment Act 1979The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes the statutoryframework for planning and environmental assessment in NSW. Implementation of the EP&AAct is the responsibility of the Minister for Planning and Infrastructure, statutory authorities andlocal 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 approvalfrom the Minister for Planning and Infrastructure.• Part 4 generally provides for the control of local ‘development that requires developmentconsent from the local Council’.• Part 5 provides for the control of ‘activities’ that do not require development consent and areundertaken or approved by a determining authority.The applicable approval process is generally determined by reference to the relevantenvironmental planning instruments and other controls. These include Local EnvironmentalPlans (LEPs) and State Environmental Planning Policies (SEPPs). Pursuant to Section 36 ofthe EP&A Act there is a general presumption that a SEPP prevails over a LEP in the event of aninconsistency.This information regarding the Environmental Planning and Assessment Act 1979 was currentat the time of publication. Changes to the legislation have recently been passed by parliament,but are not yet in force. Regardless of the impending planning changes to the Part 3A processand state significant infrastructure, approval for the proposal will still be sought under Part 5 ofthe EP&A Act.Page 14 of 64