Two Ministerial Orders have been released in relation to the operation of construction sites under the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 and the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020 (collectively, Orders). Under both Orders, construction sites are now permitted to operate on Saturday, Sunday and public holidays.
The Orders apply to the carrying out of any building work or work, or the demolition of a building or work that are the subject of:
- a development consent;
- a State significant infrastructure approval;
- an approval in relation to an activity the subject of environmental assessment under Division 5.1 of the Environmental Planning and Assessment Act 1979; or
- an authorisation under Part 3 of the Water Supply (Critical Needs) Act 2019.
Works that are to be carried out on Saturday, Sunday and public holidays must:
- comply with conditions of the consent that restrict the hours of work or operation on any other day;
- not involve rock breaking, rock hammering, sheet piling, pile driving or other similar activities; and
- take all feasible and reasonable measures to minimise noise on these additional days.
These Orders have been implemented to allow construction projects to continue progressing and abide by social distancing rules by allowing building work to be spread across more days. The Orders will continue to operate until the COVID-19 pandemic is over, or the advice of the NSW Health changes.
For further information, contact Brett Vincent – Principal Partner:
E brett.vincent@vincentyoung.
T +61 2 9261 5900
M +61 439 463 693