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On 31 July 2021 construction working days under a development consent or complying development certificate were returned to the extended days originally permitted between 2 April 2020 and 6 June 2021, under the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order (No 3) 2021 (NSW) (New Order), linked here.

The New Order is subject to orders made under Part 2 of the Public Health Act 2010 (NSW) and is in force until 24 December 2021. The Order repeals the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order (No 2) 2021 (NSW) (Previous Order), which was to remain in force until 31 March 2022.

 A summary of the key differences between the Previous Order and the New Order is below.

  Previous Order New Order
In force until 31 March 2022 24 December 2021
Permitted work (other than noisy work) Work on Saturdays between 7 am and 5 pm, quieter work and administrative activities only on Sundays between 9 am and 5 pm, no work on public holidays Work on Saturdays, Sundays and public holidays (during the hours permitted by the development consent or complying development certificate for weekday work)
Noisy work Only on Saturdays (subject to any restrictions on noisy works hours under the relevant consent or certificate) Saturdays, Sundays and public holidays (subject to any restrictions on noisy works hours under the relevant consent or certificate)

 

An earlier order extending working days in respect of work under other approvals remains in place. For further information, please see our previous Alert, here.

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