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Are you preparing a fast-track approval application? If so, you need to be aware of changes taking effect on 31 March 2026. The Fast-track Approvals Amendment Act 2025 amends the fast-track approvals process in several respects. It will affect how applications are prepared, consulted on, assessed and decided. The key amendments are summarised below.
Key changes under the Fast-track Approvals Amendment Act 2025
The mandatory consultation obligations are replaced with notification requirements except in very limited circumstances. For both referral and substantive applications, applicants are now only required to notify specified parties rather than consult with them. If notified parties wish to make comments, they will need to respond within 20 working days of receiving the notice. Any applicant must then provide a summary of how responses have informed the project in a referral application or an application for a listed project.
Once the referral application has been assessed to be complete, local authorities and other listed parties still have the opportunity to provide written comments on invitation by the Minister, but the timeframe to provide those comments has been reduced from 20 to 15 working days.
Other amendments include:
- Applicants for listed projects may apply to the Minister to lodge an application for a specified stage of a project. Each stage as a standalone project must meet the same criteria referral applications must meet to be accepted to the fast-track approvals process.
- The Environmental Protection Authority may request further information from an applicant for the purpose of deciding whether a substantive application complies with the requirements for a substantive application.
- Panels are required to start work on a substantive application within 5 working days of appointment of all panel members.
- A formal pathway is established for applicants to apply to the Minister to reduce the scope of a substantive application.
- The default maximum timeframe for panels to reach their decisions has been set at 90 working days, unless an applicant agrees to a longer time frame.
What does this mean once the amendments come into force?
Applicants should closely assess which version of the Act applies to their particular project. Applications lodged on or after 31 March 2026 will be subject to the full suite of amendments, while applications lodged before that date may be only partially affected depending on their stage of progress.
We have touched on some of the key changes above. However, our specialist local government and environment team has expertise in navigating all aspects of the fast-track system. If you have any questions about how the amendments to the Fast-track Approvals Act 2024 might impact you or the fast-track process generally, please don't hesitate to get in touch.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
