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

2 Statutory Position and RequirementsThe description of the proposed works and the associated environmental impacts has been undertaken in thecontext of Clause 228 of the Environmental Planning and Assessment Regulation 2000, the ThreatenedSpecies Conservation Act 1995 (TSC Act), and the (Commonwealth) Environment Protection and BiodiversityConservation Act 1999 (EPBC Act). In doing so, this REF helps fulfil the requirements of Section 111 of theEnvironmental Planning and Assessment Act 1979 (EP&A Act), that RailCorp must examine and take intoaccount, to the fullest extent possible, all matters affecting or likely to affect the environment by reason of theactivity. The legislative framework relevant to the proposed works and associated approvals is set out in thefollowing sections.2.1 Environmental Planning and Assessment Act 1979The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes the statutory framework forplanning and environmental assessment in NSW. Implementation of the EP&A Act is the responsibility of theMinister 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 theMinister for Planning and Infrastructure.• Part 4 generally provides for the control of local ‘development that requires development consent from thelocal Council’.• Part 5 provides for the control of ‘activities’ that do not require development consent and are undertaken orapproved by a determining authority.The applicable approval process is generally determined by reference to the relevant environmental planninginstruments and other controls. These include Local Environmental Plans (LEPs) and State EnvironmentalPlanning Policies (SEPPs). Pursuant to Section 36 of the EP&A Act there is a general presumption that a SEPPprevails 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 requireconsent, the approval of this site will be sought under Part 5 of the EP&A Act.Page 13 of 67