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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - As at 1 March 2024 - Act 203 of 1979

- As at 1 March 2024 - Act 203 of 1979

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - PLANNING ADMINISTRATION

Division 2.1 - Minister and Planning Secretary

Division 2.2 - Planning Ministerial Corporation

Division 2.3 - Independent Planning Commission

Division 2.4 - Sydney district and regional planning panels

Division 2.5 - Local planning panels

Division 2.6 - Community participation

Division 2.7 - Miscellaneous

PART 3 - PLANNING INSTRUMENTS

Note

Division 3.1 - Strategic planning

  • 3.1 Definitions
  • 3.2 Declaration of regions and districts
  • 3.3 Regional strategic plans--preparation and content
  • 3.4 District strategic plans--preparation and content
  • 3.5 Making of regional strategic plans
  • 3.6 Making of district strategic plans for districts in Six Cities Region
  • 3.6A Making of district strategic plans for districts outside Six Cities Region
  • 3.7 Publication and commencement of strategic plans
  • 3.8 Implementation of strategic plans
  • 3.9 Local strategic planning statements of councils
  • 3.10 Dispensing with conditions precedent to making strategic plans
  • 3.11 Legal proceedings relating to strategic planning
  • 3.12 Regulations relating to strategic planning

Division 3.2 - Environmental planning instruments--general

Division 3.3 - Environmental planning instruments--SEPPs

Division 3.4 - Environmental planning instruments--LEPs

Division 3.5 - Planning instrument amendments and development applications

Division 3.6 - Development control plans (DCPs)

PART 4 - DEVELOPMENT ASSESSMENT AND CONSENT

Division 4.1 - Carrying out of development--with consent, without consent and prohibited

Division 4.2 - Consent authority

Division 4.3 - Development that needs consent (except complying development)

Division 4.4 - Concept development applications

Division 4.5 - Complying development

Division 4.6 - Crown development

Division 4.7 - State significant development

Division 4.8 - Integrated development

Division 4.9 - Post-consent provisions

  • 4.53 Lapsing of consent
  • 4.54 Extension of lapsing period for 1 year
  • 4.55 Modification of consents--generally
  • 4.56 Modification by consent authorities of consents granted by the Court
  • 4.57 Revocation or modification of development consent

Division 4.10 - Miscellaneous Part 4 provisions

Division 4.11 - Existing uses

  • 4.65 Definition of "existing use"
  • 4.66 Continuance of and limitations on existing use
  • 4.67 Regulations respecting existing use
  • 4.68 Continuance of and limitations on other lawful uses
  • 4.69 Uses unlawfully commenced
  • 4.70 Saving of effect of existing consents

PART 5 - INFRASTRUCTURE AND ENVIRONMENTAL IMPACT ASSESSMENT

Division 5.1 - Environmental impact assessment (except for State significant infrastructure)

Subdivision 1 - Preliminary
  • 5.1 Definitions
  • 5.2 Nomination of nominated determining authority
  • 5.3 Determining authorities taken to be proponents of activities
  • 5.4 Exemptions for certain activities
  • Subdivision 2 - Duty of determining authorities to consider environmental impact of activities
  • 5.5 Duty to consider environmental impact
  • 5.6 Regulations for environmental impact assessment by prescribed determining authorities
  • Subdivision 3 - Activities for which EIS required
  • 5.7 Decision of determining authority in relation to certain activities
  • 5.8 Publicity and examination of environmental impact statements
  • 5.9 Consideration of findings and recommendations of Independent Planning Commission
  • 5.10 Regulations

Division 5.2 - State significant infrastructure

Subdivision 1 - Preliminary

Division 5.3 - Infrastructure corridors--concurrences and notifications

  • 5.30 Designation of "infrastructure corridors"
  • 5.31 Concurrence and notification requirements for activities within infrastructure corridors
  • 5.32 Review of decisions to refuse concurrence

PART 6 - BUILDING AND SUBDIVISION CERTIFICATION

Division 6.1 - Preliminary

Division 6.2 - Certificates required under this Part

Division 6.3 - Building work and certificates relating to building

Division 6.4 - Subdivision work and certificates relating to subdivision

Division 6.5 - Compliance certificates

Division 6.6 - Liability for defective building or subdivision work

Division 6.7 - Building information certificates

  • 6.22 Who may apply for building information certificates
  • 6.23 Making of applications for building information certificates
  • 6.24 Issue of building information certificates
  • 6.25 Issue, nature and effect of building information certificate
  • 6.26 Miscellaneous provisions relating to building information certificates

Division 6.8 - Miscellaneous

PART 7 - INFRASTRUCTURE CONTRIBUTIONS AND FINANCE

Division 7.1 - Development contributions

Subdivision 1 - Preliminary
  • 7.1 Definitions
  • 7.2 Relationship to planning instruments
  • 7.3 Provisions relating to money etc contributed under this Division (other than Subdivision 4)
  • Subdivision 2 - Planning agreements
  • 7.4 Planning agreements
  • 7.5 Information about planning agreements
  • 7.6 Registered planning agreements to run with land
  • 7.7 Circumstances in which planning agreements can or cannot be required to be made
  • 7.8 Jurisdiction of Court with respect to planning agreements
  • 7.9 Determinations or directions by Minister
  • 7.10 Regulations--planning agreements
  • Subdivision 3 - Local infrastructure contributions
  • 7.11 Contribution towards provision or improvement of amenities or services
  • 7.12 Fixed development consent levies
  • 7.13 Section 7.11 or 7.12 conditions subject to contributions plan
  • 7.14 Cross-boundary issues
  • 7.15 Public service or public amenity may be provided outside NSW
  • 7.16 Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc
  • 7.17 Directions by Minister
  • 7.18 Contributions plans--making
  • 7.19 Contributions plans--making, amendment or repeal by Minister
  • 7.20 Contributions plans--judicial notice, validity etc
  • 7.21 Contributions plans--complying development
  • Subdivision 4 - Housing and productivity contributions
  • 7.22 Definitions
  • 7.23 Effect of subdivision
  • 7.24 Provision of regional infrastructure
  • 7.25 Measures to conserve or enhance the natural environment
  • 7.26 Content of Ministerial planning orders requiring housing and productivity contributions
  • 7.27 Making Ministerial planning orders requiring housing and productivity contributions
  • 7.28 Housing and productivity contributions imposed as conditions of development consent
  • 7.29 No connection required
  • 7.30 No appeals
  • 7.31 SBC Fund
  • Subdivision 5 - Establishment of Housing and Productivity Fund
  • 7.31A Establishment of HAP Fund
  • 7.31B Purpose of HAP Fund
  • 7.31C Payments into HAP Fund
  • 7.31D Payments out of HAP Fund
  • 7.31E Investment of money in HAP Fund
  • Subdivision 6 - Report by Treasurer
  • 7.31F Treasurer to give annual report

Division 7.2 - Affordable housing contributions

Division 7.3 - Funds

Division 7.4 - Charges and fees

  • 7.43 Right to charges and fees
  • 7.44 Charges and fees fixed by regulation
  • 7.45 Liability for charge or fee
  • 7.46 Recovery of charges etc

PART 8 - REVIEWS AND APPEALS

Division 8.1 - Introductory

Division 8.2 - Reviews

  • 8.2 Determinations and decisions subject to review
  • 8.3 Application for and conduct of review
  • 8.4 Outcome of review
  • 8.5 Miscellaneous provisions relating to reviews

Division 8.3 - Appeals--development consents

  • 8.6 Decisions subject to appeal to Court under this Division
  • 8.7 Appeal by applicant--applications for development consent
  • 8.8 Appeal by an objector--designated development applications
  • 8.9 Appeal by applicant--modifications of development consent
  • 8.10 Time within which appeals may be made
  • 8.11 Circumstances in which consent taken to have been refused for purposes of appeal rights
  • 8.12 Notice of appeals to be given and right to be heard
  • 8.13 Effect of appeals on operation of consents
  • 8.14 Powers of Court on appeals
  • 8.15 Miscellaneous provisions relating to appeals under this Division

Division 8.4 - Appeals--building and subdivision certification

  • 8.16 Appeals against failure or refusal to issue certificate under Part 6
  • 8.17 Deemed refusal for purposes of appeal

Division 8.5 - Appeals--development control orders

  • 8.18 Appeals concerning orders
  • 8.19 Awarding of compensation concerning orders
  • 8.20 Effect of appeal on order

Division 8.6 - Appeals--miscellaneous

  • 8.21 Appeal concerning decisions on security for development requirements or damage
  • 8.22 Appeals against refusal to extend consent lapsing period
  • 8.23 Appeals against revocation or modification of development consent
  • 8.24 Appeals concerning compliance cost notices
  • 8.25 Appeals with respect to building information certificates
  • 8.26 Regulations

PART 9 - IMPLEMENTATION AND ENFORCEMENT

Division 9.1 - Ministerial and other enforcement powers

Division 9.2 - Investigative powers of departmental or council officers

Subdivision 1 - Preliminary
  • 9.13 Definitions
  • 9.14 Appointment of investigation officers
  • 9.15 Purposes for which powers under Division may be exercised
  • Subdivision 2 - Powers of entry and search
  • 9.16 Powers of investigation officers to enter premises
  • 9.17 Notice of entry of residential premises
  • 9.18 Powers of investigation officers to do things at premises
  • 9.19 Search warrants
  • 9.20 Care to be taken
  • 9.21 Notification of use of force
  • Subdivision 3 - Powers to obtain information
  • 9.22 Requirement to provide information and records
  • 9.23 Power of investigation officers to require answers and record evidence
  • 9.24 Recording of evidence
  • Subdivision 4 - Miscellaneous provisions applying to exercise of powers
  • 9.25 Offences
  • 9.26 Identification card to be produced
  • 9.27 Assistance for investigation officers
  • 9.28 Compensation
  • 9.29 Recovery of cost of entry and inspection
  • 9.30 Notices
  • 9.31 Provisions relating to requirements to furnish records or information or answer questions
  • 9.32 Fire brigades inspection powers
  • 9.33 Accredited certifiers

Division 9.3 - Development control orders

  • 9.34 Orders that may be given
  • 9.35 Relevant enforcement authorities who may give orders
  • 9.36 Provisions relating to orders
  • 9.37 Failure to comply with order--offence

Division 9.4 - Monitoring and environmental audits

  • 9.38 Application of Division
  • 9.39 Nature of monitoring and environmental audits
  • 9.40 Minister may require monitoring or environmental audits by imposition of conditions on approved projects
  • 9.41 Provisions relating to conditions for monitoring and environmental audits
  • 9.42 Offences relating to monitoring and environmental audits
  • 9.43 Self-incriminatory information and use of information

Division 9.5 - Civil enforcement proceedings

Division 9.6 - Criminal offences and proceedings

  • 9.50 Offences against this Act and the regulations
  • 9.51 Maximum monetary penalty--Tier 1, Tier 2 or Tier 3
  • 9.52 Maximum penalty--Tier 1
  • 9.53 Maximum penalty--Tier 2
  • 9.54 Maximum penalty--Tier 3
  • 9.55. (Repealed)
  • 9.56 Additional provisions relating to penalties
  • 9.57 Proceedings for offences
  • 9.58 Penalty notices for certain offences

PART 10 - MISCELLANEOUS

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