ICAC report on Part 3A: Limiting discretion and improving transparency: Update December 2010

The Independent Commission Against Corruption's (ICAC) most recent report provides yet another voice calling for the amendment of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act).[1]  In a context where the NSW opposition has pledged to do away with Part 3A if elected next March, ICAC's report will provide the NSW Labor Government with 'food for thought' over the Christmas break.

The title of the Report (The Exercise of Discretion Under Part 3A of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Major Development) 2005 (Report)) accurately summarises a key emphasis in the Report - the Minister's 'broad discretion' under Part 3A.  The Report highlights the Commission's key issues of concern in the current operation of Part 3A and outlines 20 recommendations to more effectively manage and mitigate the risk of corruption under the NSW major project assessment and approvals regime.  The Report provides a clear rebuke to the system and suggests that some wide ranging reforms are necessary to safeguard Part 3A from corruption risks. This paves the way for further amendments to the EP&A Act within the new year.

[1] The introduction of Part 3A to the Environmental Planning & Assessment Act (EP&A Act) in 2005 was aimed at creating a more "streamlined" regime for the assessment and approval of major projects.  The State Environmental Planning Policy (Major Projects) 2005 (SEPP(MD)) provides some guidance as to what projects qualify as assessable under Part 3A by listing in its schedule the types of land uses, sites and projects that qualify as a 'major project'. 

To view the full Update, please download PDF.