MAJOR PROJECTSSTATE SIGNIFICANT PROJECTS PART 3A DEVELOPMENTS AND ASSESSMENTS

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MAJOR PROJECTS/STATE SIGNIFICANT PROJECTS - PART
3A DEVELOPMENTS AND ASSESSMENTS

• Prepared by Brian Wilson, Principal Ecologist,
• Ecotone Ecological Consultants Pty Ltd
• for the ECA NSW 10th Anniversary Conference,
• 4 September 2008
• ECOTONE
  ECOLOGICAL CONSULTANTS Pty Ltd
• 39
  Platt Street, Waratah NSW 2298
• 
  phone [phone] fax [phone]
• web
  www.ecotoneconsultants.com.au

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1. What is Part 3A

• This is Part 3A of the NSW Environmental Planning
  Assessment Act 1979. This part came into force
  in August 2005 along with a new SEPP (Major
  Projects).
• Under this part of the Act, Major Projects are
  assessed by the Minister for Planning, rather
  than being assessed under Part 4 or Part 5.
• Implemented to simplify the approval process for
  Major Developments.

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2. What is a Major Project?

• A very broad range of projects can be considered
  a Major Project under the legislation
• These are defined in the Act as either
• Projects of a type listed under SEPP (Major
  Projects) 2005 or
• An order by the Minister for Planning published
  in the NSW Government Gazette.

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• Those projects of a type listed in the various
  schedules of the SEPP (Major Projects) include
• Schedule 1 Classes of Development
• Agriculture, timber, food and related industries
• Mining, petroleum production, extractive
  industries and related industries
• Chemical, manufacturing and related industries
• Other manufacturing industries, distribution and
  storage facilities
• Residential, commercial or retail projects
• Tourism and recreational facilities
• Health and public service facilities
• Transport, communications, energy and water
  infrastructure
• Resource and waste related industries
• that will meet the requirements for number of
  people to be employed or capital investment value
  of the project.

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• Schedule 2 Specified Sites
• Major development in any Coastal Area or at
  Taronga Zoo, Australian Museum, Defence lands,
  Honeysuckle Development in Newcastle etc, etc
  under certain circumstances.
• Schedule 3 State Significant Sites
• Major development at Sydney Opera House, Luna
  Park etc, etc under certain circumstances.
• Schedule 5 Critical Infrastructure Projects
• Kurnell desalination Plant, RNS Hospital,
  Liverpool Hospital and Queensland Hunter Gas
  Pipeline

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3. How does Part 3A work?

• Proponent applies to DOP for consent to be
  assessed under Part 3A (may include a Preliminary
  Environmental Assessment Report)
• DOP consults relevant public authorities such as
  DECC, Local Councils, DWE, DPI etc for Agency
  Comments
• Proponent receives DOP Director-Generals EA
  Requirements, sometimes including Agency Comments
  or a requirement to consult the agencies
• Proponent Prepares Draft Environmental Assessment
  Report (usually a team or group of consultants)
• Submit Draft Environmental Assessment to DOP

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• DOP D-G exhibits the EA documentation for minimum
  of 30 days and invites public comment
• Proponent prepares a response to issues raised in
  submissions
• D-G prepares an environmental report for the
  Minister
• Minister decides to approve (usually with
  Conditions) or disapprove the project
• Proponent is notified of Ministers Determination
  and so are any people who made a submission, and
  a notice of determination is placed on DOP
  website

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4. Examples of Part 3A Developments

• Part 3A Major Projects that Ecotone Ecological
  Consultants have been involved with have been
• Quarries (3)
• Water Supply Dam
• Pacific Highway Upgrades on the NSW North Coast
  (2)
• Coal Rail Infrastructure Upgrade
• Marina Redevelopment
• Correctional Centre Upgrade
• Coal Mine
• There is a register of the many Major Project
  applications since 2005 on the DOP website and
  most of the documents for each are available for
  viewing.

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5. Where does the Ecological Consultant fit in?

• In our experience, the Ecological Consultant is
  usually engaged by the proponent, or by the firm
  preparing the overall EA for the proponent, after
  the preparation of the PER or after the receipt
  of the DOP D-Gs EA Requirements.
• The Ecological Consultant must address the issues
  raised in the D-Gs EA Requirements and those
  issues raised in the Agency Comments (for
  Ecological Consultants that could be DECC, DPI,
  DWE, Local Council issues).

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• Typically there are requirements for field
  surveys and impact assessment consultation with
  Government Agencies, Authorities and Local
  Councils and a Statement of Commitment detailing
  measures that will be adopted for environmental
  mitigation, management monitoring for the
  project.
• DECC/DPI prepared Draft Guidelines for Threatened
  Species Assessment in July 2005 and these must be
  considered in assessing potential impacts on
  threatened species, populations or ecological
  communities for Part 3A projects.

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• The Steps for Part 3A Threatened Species
  Assessment are
• Step 1 - Preliminary Assessment
• Step 2 - Field Survey Assessment
• Step 3 - Evaluation of Impacts
• Step 4 - Avoid, Mitigate and then offset
• Step 5 Justification of Preferred Development
  Option in relation to Key Thresholds (maintain or
  improve biodiversity, effects on viability,
  acceleration of extinction, critical habitat)

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• While this looks fairly straightforward, there is
  considerable variation in what is required in the
  DOP D-Gs Requirements and some areas of confusion
  occur.
• Sometimes very general information on flora and
  fauna is required and sometimes very specific
  information is required. Sometimes all the
  relevant reference documents (such as Policies,
  Guidelines and Methodology) are listed in a table
  at the back of the DOP D-Gs Requirements.
• The ECA NSW forum contains some discussion
  regarding DOP D-Gs requirements and whether SEPPs
  14, 44 and 26 should be addressed for Part 3A
  Matters?
• Other confusion occurs regarding when the 7-part
  test under Part 5A of the EP A Act is required
  and when the DECC/DPI guidelines should be
  followed?

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Example of List of Policies Guidelines from DOP
D-Gs Requirements

• Flora and Fauna
• Policy Guidelines - Aquatic Habitat Management
  and Fish Conservation
• (DPI Fisheries)
• Policy Guidelines for Fish Friendly Waterway
  Crossings (DPI Fisheries)
• Why do Fish Need to Cross the Road? Fish Passage
  Requirements for
• Waterway Crossings (DPI Fisheries)
• Threatened Biodiversity Survey and Assessment
  Guidelines for
• Developments and Activities. Working Draft (DECC)
• Draft Guidelines for Threatened Species
  Assessment under Part 3A of the
• Environmental Planning and Assessment Act 1979
  (DECC)
• Commonwealth Environmental Protection and
  Biodiversity Conservation
• Act 1999 - Guide to implementation in NSW (DOP)
• Environment Protection and Biodiversity
  Conservation Regulations 2000
• (Schedule 4)

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5. Examples of the range of Dept of Planning D-Gs
Requirements
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A Hospital in Sydney (DOP D-Gs Requirements
February 2008)
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Quarry Southern Highlands (DOP D-Gs Requirements
January 2008)
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A Wind Farm at Goulburn (DOP D-Gs requirements
20/9/2007)
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Correctional Centre (DOP D-Gs Requirements
December 2006)
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• Thankyou for listening and I invite
  clarification from anyone in the audience from
  DOP, DECC or DPI during the question period.