Key point from this article: Extended construction site hours Order is revoked on and from 18 May 2021.

Members will recall that the NSW Planning and Public Spaces Minister Rob Stokes issued the Environmental Planning and Assessment (COVID-19 Development Construction Work Days) Order 2020 (the Order).

The Order, which became effective from 2 April 2020, lifted previous restrictions applying to the carrying out of building work, or the demolition of a building or work on a Saturday, Sunday or public holiday.  The Order was designed to extend working hours on these days, on constructions sites to allow the industry to facilitate social distancing on sites without the need for any approval, provided that:

1. The development is the subject of a development consent or, for infrastructure work, an approval described in the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020
    
2. The development complies with the balance of the conditions of the consent / approval, with the exception of those restrictions which limit the hours of work or operation on weekends or public holidays; and:
    
3. For work of operation on weekends and public holidays, the development must:

• Comply with the conditions of the consent / approval that restrict hours of work or operation on any other day as if the conditions applies to work or operation on weekends and public holidays;
• Not involve the carrying out of rock breaking, rock hammering, sheet piling, pile driving or similar activities during the hours of work or operation not permitted but for the Construction Work Days Orders; and
• Take all feasible and reasonable measures to minimise noise.

Prior to the introduction of the COVID Recovery Act, the Construction Work Days Orders originally had application for 6 months, however was later extended to 25 March 2021 with the introduction of section 294A of the Environmental Planning and Assessment Regulation 2020 (NSW).

Members are now advised that Minister Stokes has determined that the Order is no longer necessary to protect the health, safety and welfare of the public during the COVID-19 pandemic, and that construction work days and hours can be returned to their pre-pandemic settings.

Consequently, the Order is revoked on and from 18 May 2021.