All decisions on State significant infrastructure (SSI) applications are subject to judicial review by the Land and Environment Court under Section 9.45 of the Environmental Planning & Assessment Act 1979 (EP&A Act). However, decisions on Critical State significant infrastructure (CSSI) projects are only subject to judicial review with the approval of the Minister. This is because CSSI projects are considered to be essential for NSW and should proceed as quickly as possible subject to the conditions in the Minister’s approval.
Judicial review proceedings are heard by judges and consider the legality or validity, not the merits, of the decision. They may focus on the determination of the application as well as the steps leading to the determination of the application.
Any person may commence these proceedings within 3 months of the public notice of the determination of the application.
SSI and CSSI approvals are not subject to merit appeal.