Planning Powers under the Nation Building and Jobs Plan

							Planning Powers under the Nation Building and Jobs Plan Taskforce
            (State Infrastructure Delivery) Legislation

The Nation Building and Jobs Plan Act 2009 (NBJPAct) establishes an Infrastructure
Coordinator General (ICG) with powers to streamline the approval process by exempting
Infrastructure Projects from development control legislation where there is a
demonstrated risk that a Project will not meet deadlines imposed by the Commonwealth
for delivery. The new legislation will apply to any Project which is funded or partially
funded by the Nation Building program.

The Chairman of the Nation Building and Jobs Plan Taskforce exercises these powers.

The legislation is designed to work alongside the existing planning legislation, but allows
the Taskforce Chairman to ‘call in’ projects which, for whatever reason, are being
delayed. For a streamlined assessment process, Projects should be designed, as far as
possible, to meet the relevant planning and design criteria of the applicable
environmental planning instruments. This is relevant whether a Project seeks approval
using existing planning legislation or the NBJP.

When will these powers to exempt Projects be used?
The powers to exempt Projects from development control legislation will only be used
where:
   1. the Project is confirmed as having Commonwealth funding; and

   2. the Taskforce Chairman forms the opinion that the Project is at risk of not
      meeting Commonwealth deadlines using the planning approval process under
      existing legislation.

What is required in making an application to the Taskforce Chairman, seeking
exemption from development control legislation?
The proponent must demonstrate that every effort has been made to meet deadlines
and timeframes for assessment of Projects using existing planning legislation. Any
application made under the NBJP Act will need to be accompanied by appropriate
environmental assessment and consideration of impacts on the environment and
adjacent land uses.

What if a Project already has a DA in with Council?
Where a project is already subject of a development application being assessed by
Council, the project proponent must continue to resolve issues to obtain consent under
existing legislation through Council.




                        New South Wales Government
                   NSW Nation Building and Jobs Plan Taskforce
What if a project requires amendments to an existing DA?
Where a Project requires an amendment to an existing development consent the
proponent should approach the council regarding a section 96 modification and establish
with council a timeframe for assessment to ensure Commonwealth deadlines are met.
The Taskforce Chairman will only consider exemption and authorisation under the NBJP
Act where a council is unable to meet the assessment timeframe.

How will this work with the State Environmental Planning Policy?
The State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) has been
amended to enable certain development within private and government schools to be
undertaken as complying development. Where provisions of the ISEPP for complying
developments cannot be met, the project may require a DA be submitted to the local
council. Alternatively, where it can be demonstrated that the Commonwealth deadlines
cannot be met the provisions of the NBJP Act can be used.

How do I find out more?
Special Guidelines and application forms to support the new legislation are currently
being prepared. For enquiries email taskforceinfo@dpc.nsw.gov.au or for further
information visit www.nsw.gov.au/news.asp




                       New South Wales Government
                  NSW Nation Building and Jobs Plan Taskforce