New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

- As at 1 July 2008
- Act 203 of 1979

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     (Repealed)
   4B.     Subdivision of land
   5.      Objects
   5A.     Significant effect on threatened species, populations or ecological communities, or their habitats
   5B.     Planning authorities to have regard to register of critical habitat
   5C.     Application of Act with respect to threatened species conservation-fish and marine vegetation
   5D.     Application of Act to vulnerable ecological communities
   6.      Act to bind Crown

   PART 2 - ADMINISTRATION

           Division 1 - The Minister

   7.      Responsibility of the Minister
   8.      Minister to be corporation sole for certain purposes
   9.      Power to acquire land etc
   10.     Application of Public Works Act 1912
   11.     Functions of corporation
   12.     Notification of interests

           Division 2 - The Director-General

   13.     Director-General of Department of Infrastructure, Planning and Natural Resources
   14.     (Repealed)
   15.     Functions of the Director-General

           Division 3 - The Department

   16.     (Repealed)
   17.     Use of services of public authorities

           Division 4 - Commissioners of Inquiry

   18.     Commissioners of Inquiry

           Division 5 - Committees

   19.     (Repealed)
   20.     Local Government Liaison Committee
   21.     (Repealed)
   22.     Establishment of other committees

           Division 6 - Delegation

   23.     Delegation

   PART 3 - ENVIRONMENTAL PLANNING INSTRUMENTS

           Division 1 - General

   24.     Making of environmental planning instruments and the application of objects thereto
   25.     Statement of aims etc in environmental planning instruments
   26.     Contents of environmental planning instruments
   27.     Owner-initiated acquisition of land reserved for public purposes
   28.     Suspension of laws etc by environmental planning instruments
   29.     Designated development: declaration by environmental planning instruments
   29A.    Advertised development
   30.     Consents and concurrences
   31.     Prohibitions
           32, 33. (Repealed)
   33A.    Standardisation of local and other environmental planning instruments
   33B.    Staged repeal and review of environmental planning instruments
   33C.    Public access to environmental planning instruments and related documents
   34.     Environmental planning instruments-making, operation and inspection
   34A.    Consultation with Director-General of National Parks and Wildlife about preparation of studies or instruments
   35.     Validity of instruments
   36.     Inconsistency between instruments

           Division 2 - State environmental planning policies

   37.     Decision or direction to prepare draft State environmental planning policy
   38.     (Repealed)
   39.     Making of State environmental planning policies by the Governor

           Division 3 - Regional environmental plans

   40.     Decision or direction to prepare draft regional environmental plan
   41.     Preparation of environmental study
           42, 43. (Repealed)
   44.     Preparation of draft regional environmental plan
   45.     Notification
   46.     Information from public authorities
   47.     Public exhibition of draft regional environmental plan
   48.     Submissions
   49.     Consideration of submissions and amendment of draft plan
   50.     Submission of draft regional environmental plan to the Minister
   51.     Making of regional environmental plans by the Minister
           51A, 52. (Repealed)

           Division 4 - Local environmental plans

   53.     Definition
   54.     Decision to prepare draft local environmental plan
   55.     Directions from Minister for the preparation of local environmental plan
   56.     (Repealed)
   57.     Preparation of environmental study
           58-60. (Repealed)
   61.     Council’s responsibilities in preparing draft local environmental plan
   62.     Consultation
   63.     Information from public authorities
   64.     Submission of copy of draft local environmental plan to Department
   65.     Certificate of Director-General
   66.     Public exhibition of draft local environmental plan
   67.     Making of submissions
   68.     Consideration of submissions
   69.     Report by Director-General
   70.     Making of local environmental plan
           71, 72. (Repealed)

           Division 4A - Applications for the preparation of local environmental plans

   72A.    Making of application
   72B.    Preparation of local environmental plan and advertising of development application
   72C.    Consideration and making of plan
   72D.    Determination of development application by council
   72E.    Appeals
   72F.    Making of local environmental plan following decision of Court
   72G.    Date from which consent operates
   72H.    Application of Divisions 1 and 5 and Part 4

           Division 4B - Instrument amendments and development applications

   72I.    Application of Division
   72J.    Making and consideration of certain development applications
   72K.    Joint exhibition of instrument and advertising of application
   72L.    Commission of Inquiry

           Division 5 - Review and amendment of environmental planning instruments

   73.     Review of environmental planning instruments
   73A.    Minor amendments of environmental planning instruments
   74.     Amendment of environmental planning instruments
   74A.    Application of Division

           Division 6 - Development control plans

   74B.    Definition
   74C.    Preparation of development control plans
   74D.    Development control plans required or authorised by environmental planning instruments
   74E.    Miscellaneous provisions relating to development control plans
   74F.    Minister may direct councils with respect to development control plans

   PART 3A - MAJOR INFRASTRUCTURE AND OTHER PROJECTS

           Division 1 - Preliminary

   75A.    Definitions
   75B.    Projects to which Part applies
   75C.    Critical infrastructure projects

           Division 2 - Environmental assessment and approval of projects

   75D.    Minister’s approval required for projects
   75E.    Application for approval of project
   75F.    Environmental assessment requirements for approval
   75G.    Independent hearing and assessment panels
   75H.    Environmental assessment and public consultation
   75I.    Director-General’s environmental assessment report
   75J.    Giving of approval by Minister to carry out project
   75JA.   Biobanking-special provisions
   75K.    Appeals by proponent
   75L.    Appeals by an objector

           Division 3 - Concept plans for certain projects

   75M.    Application for approval of concept plan for project
   75N.    Environmental assessment, panel report, public consultation and Director-General’s report for concept plan
   75O.    Giving of approval for concept plan
   75P.    Determinations with respect to project for which concept plan approved
   75Q.    Appeal by proponent

           Division 4 - Application of other provisions of this and other Acts

   75R.    Application of other provisions of Act
   75S.    Erection and occupation of buildings and subdivision of land
   75T.    Third-party appeals-critical infrastructure projects
   75U.    Approvals etc legislation that does not apply
   75V.    Approvals etc legislation that must be applied consistently

           Division 5 - Miscellaneous

   75W.    Modification of Minister’s approval
   75X.    Miscellaneous provisions relating to approvals under this Part
   75Y.    Lapsing of approvals
   75YA.   Surrender of approvals and consents
   75Z.    Regulations for purposes of Part
   75ZA.   Savings, transitional and other provisions

   PART 4 - DEVELOPMENT ASSESSMENT
   Note

           Division 1 - Carrying out of development-the threefold classification

   76.     Development that does not need consent
   76A.    Development that needs consent
   76B.    Development that is prohibited
   76C.    Relationship of this Division to this Act

           Division 2 - The procedures for development that needs consent

   77.     Application of Division
   77A.    Designated development
   78.     The development consent process-the main steps
   78A.    Application
   79.     Public participation-designated development
   79A.    Public participation-advertised development and other notifiable development
   79B.    Consultation and concurrence
   79BA.   Consultation and development consent-certain bush fire prone land
   79C.    Evaluation
   80.     Determination
   80A.    Imposition of conditions
   81.     Post-determination notification
   81A.    Effects of development consents and commencement of development
   82.     Circumstances in which consent is taken to have been refused
   82A.    Review of determination
   83.     Date from which consent operates

           Division 2A - Special procedures concerning staged development applications

   83A.    Application of this Division
   83B.    Staged development applications
   83C.    Staged development applications as alternative to dcp required by environmental planning instruments
   83D.    Status of staged development applications and consents

           Division 3 - Special procedure for complying development
           Note

   84.     Application of this Division
   84A.    Carrying out of complying development
   84B.    (Repealed)
   85.     What is a “complying development certificate”?
   85A.    Process for obtaining complying development certificates
   86.     Commencement of complying development
   86A.    Duration of complying development certificate
   87.     Modification of complying development

           Division 4 - (Repealed)
           None

           Division 5 - Special procedure for integrated development

   90.     Application of this Division
   90A.    Definitions
   91.     What is “integrated development”?
   91A.    Development that is integrated development
   92.     (Repealed)
   92A.    Effect of giving notice
   93.     Granting and modification of approval by approval body
   93A.    Effect of approval if the approval body is also a concurrence authority
   93B.    Rights of appeal

           Division 6 - Development contributions

              Subdivision 1 - Preliminary

   93C.    Definitions
   93D.    Relationship to planning instruments
   93E.    Provisions relating to money etc contributed under this Division (other than Subdivision 4)

              Subdivision 2 - Planning agreements

   93F.    Planning agreements
   93G.    Information about planning agreements
   93H.    Registered planning agreements to run with land
   93I.    Circumstances in which planning agreements can or cannot be required to be made
   93J.    Jurisdiction of Court with respect to planning agreements
   93K.    Determinations or directions by Minister
   93L.    Regulations-planning agreements

              Subdivision 3 - Local infrastructure contributions

   94.     Contribution towards provision or improvement of amenities or services
   94A.    Fixed development consent levies
   94B.    Section 94 or 94A conditions subject to contributions plan
   94C.    Cross-boundary issues
   94CA.   Public service or public amenity may be provided outside NSW
   94D.    Section 94 or 94A conditions imposed by Minister or Director-General in growth centres etc
   94E.    Directions by Minister
   94EA.   Contributions plans-making
   94EAA.  Contributions plans-making, amendment or repeal by Minister
   94EB.   Contributions plans-judicial notice, validity etc
   94EC.   Contributions plans-complying development

              Subdivision 4 - Special infrastructure contributions

   94ED.   Provision of infrastructure
   94EE.   Minister to determine development contributions
   94EF.   Special infrastructure contributions
   94EG.   Minister may make, amend or repeal special contributions areas
   94EH.   Land contributed under this Subdivision

              Subdivision 5 - Establishment of Special Contributions Areas Infrastructure Fund

   94EI.   Definition
   94EJ.   Establishment of Fund
   94EK.   Payments into Fund
   94EL.   Payments out of Fund
   94EM.   Investment of money in Fund

           Division 6A - Conditions requiring land or contributions for affordable housing

   94F.    Conditions requiring land or contributions for affordable housing
   94G.    Provision of affordable housing

           Division 7 - Post-consent provisions

   95.     Lapsing of consent
   95A.    Extension of lapsing period for 1 year
   95B.    (Repealed)
   96.     Modification of consents-generally
   96AA.   Modification by consent authorities of consents granted by the Court
   96A.    Revocation or modification of development consent

           Division 8 - Appeals and related matters

   97.     Appeal by an applicant-development applications
   98.     Appeal by an objector
   98A.    Appeal concerning security
   99.     Joint hearing of certain appeals

           Division 9 - Miscellaneous

   100.    Register of consents and certificates
   101.    Validity of development consents and complying development certificates
   102.    Non-compliance with certain provisions regarding State significant development
   103.    Revocation or regrant of development consents after order of Court
   104.    Appeals and other provisions relating to development consents after order of Court
   104A.   Voluntary surrender of development consent
   105.    Regulations-Part 4
   105A.   Transitional-amendment to list of vulnerable species

           Division 10 - Existing uses

   106.    Definition of “existing use”
   107.    Continuance of and limitations on existing use
   108.    Regulations respecting existing use
   109.    Continuance of and limitations on other lawful uses
   109A.   Uses unlawfully commenced
   109B.   Saving of effect of existing consents

   PART 4A - CERTIFICATION OF DEVELOPMENT

   109C.   Part 4A certificates
   109D.   Certifying authorities
   109E.   Principal certifying authorities
   109EA.  Replacement of principal certifying authorities
   109F.   Restriction on issue of construction certificates
   109G.   Restriction on issue of compliance certificates
   109H.   Restrictions on issue of occupation certificates
   109I.   Effect of occupation certificate on earlier occupation certificates
   109J.   Restriction on issue of subdivision certificates
   109K.   Appeals against failure or refusal to issue Part 4A certificates
   109L.   Accredited certifiers may issue notices requiring work to be carried out
   109M.   Occupation and use of new building requires occupation certificate
   109N.   Change of building use of existing building requires occupation certificate
   109O.   Certifying authorities may be satisfied as to certain matters
   109P.   Satisfaction as to compliance with conditions precedent to the issue of certificates
   109Q.   Regulations under Part 4A

   PART 4B - (Repealed)
   None

   PART 4C - LIABILITY AND INSURANCE

           Division 1 - Preliminary

   109ZI.  Definitions

           Division 2 - Liability

   109ZJ.  (Repealed)
   109ZK.  Limitation on time when building action or subdivision action may be brought
   109ZL.  Division not to affect rights to recover damages for death or personal injury

           Division 3 - (Repealed)
           None

   PART 5 - ENVIRONMENTAL ASSESSMENT

           Division 1 - Preliminary

   110.    Definitions
   110A.   Nomination of nominated determining authority
   110B.   Determining authorities taken to be proponents of activities
   110C.   Determining authorities to have regard to register of critical habitat
   110D.   Transitional-amendment of list of vulnerable species
   110E.   Exemptions for certain activities

           Division 2 - Duty of determining authorities to consider environmental impact of activities

   111.    Duty to consider environmental impact
   111A.   (Repealed)

           Division 3 - Activities for which EIS required

   112.    Decision of determining authority in relation to certain activities
   112A.   Determining authorities to have regard to recovery plans and threat abatement plans
   112B.   Consultation with Minister for the Environment if Minister is determining authority
   112C.   Concurrence of or consultation with Director-General of National Parks and Wildlife if Minister is not determining authority
   112D.   Matters to be considered by Director-General of National Parks and Wildlife as concurrence authority
   112E.   Matters to be considered by Minister or Director-General of National Parks and Wildlife when consulted
   113.    Publicity and examination of environmental impact statements
   114.    Consideration of findings and recommendations of Commission of Inquiry
   115.    Regulations

           Division 4 - (Repealed)
           None

           Division 5 - Environmental assessment of fishing activities

   115G.   Definitions
   115H.   Principles guiding administration of Division
   115I.   Application of Division to designated fishing activities
   115J.   Designated fishing activities to be assessed under this Division
   115K.   Environmental impact statements to be prepared
   115L.   Publicity and examination of environmental impact statements
   115M.   Public inquiry into designated fishing activity
   115N.   Special provisions relating to threatened species conservation
   115O.   Determination with respect to environmental assessment
   115P.   Approval of Minister administering this Act required for designated fishing activity where Fisheries Minister is or is declared to be proponent
   115Q.   Re-assessment of designated fishing activity
   115R.   Application of other provisions of this Act
   115S.   Transitional-amendment to list of vulnerable species

   PART 5A - DEVELOPMENT BY THE CROWN

   116A.   Relationship between Parts 4 and 5A
   116B.   References to the Crown
   116C.   Determination of Crown development applications
   116D.   Reference of undetermined applications to Minister
   116E.   Negotiating determination of development application
   116F.   Modification of Crown development consents
   116G.   Building, demolition and incidental work
   116GA.  Crown development for public entertainment
   116H.   Applicant’s rights of appeal

   PART 6 - IMPLEMENTATION AND ENFORCEMENT

           Division 1 - General

   116.    (Repealed)
   117.    Directions by the Minister
   117A.   Inquiry into councils by Director-General of Department of Local Government
   117B.   (Repealed)

           Division 1AA - Planning administrators and panels

   117C.   Definitions
   118.    Appointment of planning administrator or panel
   118AA.  Planning assessment panels
   118AB.  Function of a planning administrator or panel
   118AC.  Costs of planning administrator or panel
   118AD.  Council to assist planning administrator or panel
   118AE.  Annual report on activities of planning administrators and panels
   118AF.  Regulations

           Division 1A - Local enforcement powers

   118A.   Power of entry
   118B.   Inspections and investigations
   118C.   Notice of entry
   118D.   Use of force
   118E.   Notification of use of force or urgent entry
   118F.   Care to be taken
   118G.   Recovery of cost of entry and inspection
   118H.   Compensation
   118I.   Authority to enter premises
   118J.   In what circumstances can entry be made to a residence?
   118K.   Search warrants
   118L.   Special provision with respect to fire brigades
   118M.   Councils to carry out fire-safety inspections on request of Commissioner of NSW Fire Brigades
   118N.   Obstruction of authorised persons

           Division 1B - (Repealed)
           None

           Division 2 - Public inquiries and settlement of disputes

   119.    Public inquiry
   119A.   Certain inquiries taken to be public inquiries for purposes of Local Government Act 1993
   120.    Procedure at inquiries
   120A.   Additional procedural requirements where water approval is involved
   121.    Settlement of disputes

           Division 2A - Orders

   121A.   Definitions
   121B.   Orders that may be given by consent authority or by Minister etc
   121C.   Giving orders to public authorities
   121D.   Circumstances in which compliance with secs 121F-121K is required
   121E.   Effect of compliance with secs 121F-121K
   121F.   Criteria to be considered before order is given
   121G.   Orders that make or are likely to make residents homeless
   121H.   Notice to be given of proposed order
   121I.   Making of representations
   121J.   Hearing and consideration of representations
   121K.   Procedure after hearing and consideration of representations
   121L.   Reasons for orders to be given
   121M.   Period for compliance with order
   121N.   Notice of right to appeal against order
   121O.   Development consent or approval not required to comply with order
   121P.   Order may specify standards and work that will satisfy those standards
   121Q.   Compliance with order under sec 121P
   121R.   Consent authority’s response to submission of particulars of work by owner
   121S.   Orders affecting heritage items
   121T.   Combined orders
   121U.   Giving and taking effect of orders
   121V.   Orders may be given to two or more persons jointly
   121W.   Notice in respect of land or building owned or occupied by more than one person
   121X.   Notice of giving of order No 16
   121Y.   Effect of order on successors in title
   121Z.   Compliance with orders by occupiers or managers
   121ZA.  Occupier of land may be required to permit owner to carry out work
   121ZB.  Notice of fire safety orders to be given to Commissioner of NSW Fire Brigades
   121ZC.  Powers of fire brigades
   121ZD.  Inspection reports by fire brigades
   121ZE.  Details of orders and notices to be given to councils
   121ZF.  Modification of orders
   121ZG.  Revocation of orders
   121ZH.  Minister may revoke or modify a council’s order
   121ZI.  Limitation on Minister’s orders
   121ZJ.  Failure to comply with order-carrying out of work by consent authority
   121ZK.  Appeals concerning orders
   121ZL.  Awarding of compensation concerning orders
   121ZM.  Appeals concerning particulars of work submitted to person who gave order
   121ZN.  Effect of appeal on order
   121ZO.  Court’s powers not limited by this Division
   121ZP.  Certificate as to orders
   121ZQ.  Continuing effect of orders
   121ZR.  Special provisions relating to brothel closure orders
   121ZS.  Enforcement of brothel closure orders by cessation of utilities

           Division 2B - Monitoring and environmental audits-approved projects

   122A.   Application of Division
   122B.   Nature of monitoring and environmental audits
   122C.   Minister may require monitoring or environmental audits by imposition of conditions on approved project
   122D.   Provisions relating to conditions for monitoring and environmental audits
   122E.   Offences
   122F.   Self-incriminatory information and use of information

           Division 2C - Departmental enforcement powers

              Subdivision 1 - Preliminary

   122G.   Purposes for which powers under Division may be exercised
   122H.   Definitions: Division 2C
   122I.   Appointment of authorised officers

              Subdivision 2 - Powers of entry and search of premises

   122J.   Powers of authorised officers to enter premises
   122K.   Entry into residential premises only with permission or warrant
   122L.   Powers of authorised officers to do things at premises
   122M.   Search warrants
   122N.   Assistance to be given to authorised officers
   122O.   Care to be taken and compensation

              Subdivision 3 - Power to obtain information or records

   122P.   Application of Subdivision
   122Q.   Requirement to provide information and records
   122R.   Provisions relating to records
   122S.   Power of authorised officers to require answers and record evidence

              Subdivision 4 - General

   122T.   Criminal proceedings relating to compliance with requirements under this Division
   122U.   Provisions relating to requirements to furnish records, information or answer questions
   122V.   Miscellaneous provisions relating to notices

           Division 3 - Orders of the Court

   122.    Definitions
   123.    Restraint etc of breaches of this Act
   124.    Orders of the Court
   124AA.  Evidence of use of premises as backpackers’ hostel
   124AB.  Proceedings relating to use of premises as brothel
   124A.   Special provision where development consent tainted by corruption

           Division 4 - Offences

   125.    Offences against this Act and the regulations
   126.    Penalties
   127.    Proceedings for offences
   127A.   Penalty notices for certain offences

   PART 7 - FINANCE

           Division 1 - Funds

   128.    Department of Environment and Planning Account
   129.    Funds generally
   130.    Development Funds
   131.    Trust Fund
   132.    Constitution of development areas
   133.    Alteration or abolition of development area
   134.    Land to be in one development area only
   135.    Disallowance of constitution of development area

           Division 2 - Charges and fees

   136.    Right to charges and fees
   137.    Charges and fees fixed by regulation
   138.    Liability for charge or fee
   139.    Recovery of charges etc

           Division 3 - Loans

           140-142. (Repealed)
   143.    Assessment of loan commitments

           Division 4 - General

   144.    Financial year
   145.    (Repealed)

   PART 7A - LIABILITY IN RESPECT OF CONTAMINATED LAND

   145A.   Definitions
   145B.   Exemption from liability-contaminated land
   145C.   Contaminated land planning guidelines

   PART 8 - MISCELLANEOUS

   146.    Bush fire prone land
   146A.   Smoke alarms in buildings providing sleeping accommodation
   147.    (Repealed)
   148.    Disclosure and misuse of information
   148A.   (Repealed)
   149.    Planning certificates
   149A.   Building certificates
   149B.   Applications for building certificates
   149C.   Supply of information in connection with applications for building certificates
   149D.   Obligations of council to issue building certificate
   149E.   Effect of building certificate
   149F.   Appeals with respect to building certificates
   149G.   Record of building certificates
   150.    Evidence
   151.    Proof of ownership of land
   152.    Right to be heard
   153.    Notices
   153A.   Delegation by public authorities
   154.    Transfer or amalgamation of land to which an environmental planning instrument applies
           155, 156. (Repealed)
   157.    Regulations
   158.    Exclusion of personal liability
   159.    Savings, transitional and other provisions
           Schedule 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 5B
           SCHEDULE 6
           Schedule 7 (Repealed)