What Will The Libs Do About Part 3A?

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What Will The Libs Do About Part 3A?

Postby HVPA_research » Mon Mar 28, 2011 7:28 am

Link to this page: http://forum.huntervalleyprotectionalliance.com/viewtopic.php?f=5&t=301&p=354#p354

This research article http://newmatilda.com/2011/03/18/planning-development-investigation by Nicole Gooch and Wendy Bacon in New Matilda, 18 Mar 2011, indicates that we should not expect too much if anything. Liberals promised to remove NSW Part 3A planning legislation before elections. However, all Major Projects in the pipeline will still be processed under the Part 3A and any legislative changes will take long time. It is one thing to use Part 3A to beat Labour from opposition benches and another thing to refrain from using it when in Government!

Two of the state’s most controversial development applications, at Catherine Hill Bay and Kendall Bay, are now in the final days of a long decision-making process and will be waiting on new NSW Minister for Planning Brad Hazzard’s desk almost as soon as the election is over.

Both developments face strong opposition from local councils and many residents but were taken out of the hands of local communities under the controversial Part 3A of the NSW Planning Act, which gives the Planning Minister sole discretion over any site deemed "state significant".

Hazzard told New Matilda last week that while the Part 3A law is "reprehensible" and decision-making on new residential applications should go back to local communities, he won’t make any decisions "retrospectively". This means the developments at Catherine Hill Bay and Kendall Bay will remain "state significant" and thus subject to ministerial discretion.

The Liberals have said they will totally overhaul the State Environmental Planning Policies. But realistically, that will be a complicated and lengthy task. In the meantime, Part 3A will stay in place and the 29 sites that are currently on public exhibition, and many more that are underway, will be processed under the same section that the Liberals have so vehemently criticised.

Under Part 3A, the Minister appoints a panel that can either be asked to have hearings and make determinations or merely prepare reports as advice to the Minister. Hazzard says he will ask for panel determinations — in contrast to the current NSW Planning Minister, Tony Kelly, who in most cases asked only for advice.

Note that the previous Labour Government have used recently Part 3A legislation to approve coal seam gas mining in Gloucester and Camden for the benefit of AGL.
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