All decisions on state significant infrastructure (SSI) applications are subject to judicial review by the Land and Environment Court.
Critical State significant infrastructure (CSSI) projects are considered essential for NSW and should be progressed as quickly as possible. To speed up the process, judicial review is only done on CSSI projects with approval of the minister.
Judicial review proceedings are heard by judges and consider the legality rather than the benefits, of the decision.
They may focus on the determination of the application as well as well as the assessment process.
Judicial review proceedings can start within 3 months of the determination being made public.
SSI and CSSI approvals are not subject to merit appeal.
For more information on judicial review go to section 9.45 of the Environmental Planning & Assessment Act 1979 (EP&A Act),