3.7.  Environmental & Planning Approvals

Environmental and development approval requirements are separate from financial and budgetary approval requirements outlined in sections 3.1 to 3.6.  Risks associated with gaining development approvals should be appropriately considered at the outset and updated as required.

Under the Environmental Planning & Assessment Act 1979 (EP&A Act), the Minister for Planning and Infrastructure provides consent for all State Significant Developments or Infrastructure under Parts 4 and 5.1, respectively.

Generally, PPPs are either State Significant Developments or Infrastructure based on project scope and capital investment value.

In all cases, an appropriate level of environmental assessment and community consultation must be undertaken as part of the assessment process. Final environmental and planning approval will not occur until full details of the project to be actually delivered are known.

In general, the trade-off for a higher degree of planning approval certainty is a lower level of private sector innovation. The planning approval process adopted will depend on the level of private sector innovation required. Cabinet should be informed of the planning process that will be followed prior to the procuring agency calling for EOI.

Likely development approval conditions and their associated costs need to be updated at the various project approval phases. These costs may impact on business case conclusions, triggering the need to seek ERC approval for any material adverse impacts to the project (see section 3.3). The sharing of risks and costs relating to the attainment of approval and compliance with any conditions must also be detailed in the project contract.