NSW Government ends COVID-19 extension of construction working days

The Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 (NSW) (Building Order) will be revoked on Monday 7 June 2021, despite its operation previously being extended until 31 March 2022 under the COVID-19 Recovery Act 2021 (NSW). The Building Order currently allows the carrying out of building work or work, or the demolition of a building or a work, in New South Wales on a Saturday, Sunday or public holiday where there is a development consent or complying development certificate in place (see our previous Alert).

On 7 June the working hours and days for the activities described above will revert to the position that existed prior to the commencement of the Building Order on 2 April 2020. This means that such activities will have to be carried out on the days and during the hours permitted by the development consent or complying development certificate. Typically such approvals place restrictions or prohibitions on building work being carried out on a Saturday, Sunday or public holiday.

While the Building Order is being revoked, the operation of the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020 (NSW) (Infrastructure Order) will currently continue until 31 March 2022. The Infrastructure Order applies to the activities described above if they are being carried out under a:

• State significant infrastructure approval

• an approval granted in relation to an activity the subject of environmental assessment, or

• an authorisation under the Water Supply (Critical Needs) Act 2019 (NSW).

Such activities may continue to be carried out on a Saturday, Sunday or public holiday (subject to the limitations described in our previous Alert).