ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - As at 25 March 2024 - Act 203 of 1979
- As at 25 March 2024 - Act 203 of 1979Table of Provisions
PART 1 - PRELIMINARY
- 1.1 Name of Act
- 1.2 Commencement
- 1.3 Objects of Act
- 1.4 Definitions
- 1.5 Meaning of "development"
- 1.6 Exempt development
- 1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994
- 1.8 Amendment of area comprising Six Cities Region
PART 2 - PLANNING ADMINISTRATION
Division 2.1 - Minister and Planning Secretary
- 2.1 The Minister
- 2.2 The Planning Secretary
- 2.3 Panels established by Minister or Planning Secretary
- 2.4 Delegation by Minister, Planning Ministerial Corporation or Planning Secretary
Division 2.2 - Planning Ministerial Corporation
- 2.5 Constitution and functions of Corporation
- 2.6 Management of Corporation
Division 2.3 - Independent Planning Commission
- 2.7 Independent Planning Commission
- 2.8 Members of Commission
- 2.9 Functions of Commission
- 2.10 Constitution of Commission for particular matters
- 2.11 Miscellaneous provisions relating to Commission
Division 2.4 - Sydney district and regional planning panels
- 2.12 Constitution of Sydney district and regional planning panels
- 2.13 Members of Sydney district and regional planning panels
- 2.14 Chairperson of Sydney district and regional planning panels
- 2.15 Functions of Sydney district and regional planning panels
- 2.16 Miscellaneous provisions relating to Sydney district and regional planning panels
Division 2.5 - Local planning panels
- 2.17 Constitution of local planning panels
- 2.18 Members of local planning panels
- 2.19 Functions of local planning panels
- 2.20 Miscellaneous provisions relating to local planning panels
Division 2.6 - Community participation
- 2.21 Planning authorities and functions subject to community participation requirements
- 2.22 Mandatory community participation requirements
- 2.23 Community participation plans--preparation
- 2.24 Community participation plans--miscellaneous provisions
Division 2.7 - Miscellaneous
- 2.25 NSW planning portal and other online services and information
- 2.26 Obligation of Commission and panels to consult with council about certain decisions
- 2.27 Obligations of councils to assist Commission and panels
- 2.28 Exclusion of personal liability
- 2.29 Delegation by public authorities other than councils
- 2.30 Section 381 of Local Government Act 1993 excluded
- 2.31 Publication of instruments of delegation
PART 3 - PLANNING INSTRUMENTS
NoteDivision 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
- 3.13 Making of environmental planning instruments
- 3.14 Contents of environmental planning instruments
- 3.15 Owner-initiated acquisition of land reserved for public purposes
- 3.16 Suspension of laws etc by environmental planning instruments
- 3.17 Designated development: declaration by environmental planning instruments
- 3.18 Consents and concurrences
- 3.19 Prohibitions
- 3.20 Standardisation of environmental planning instruments
- 3.21 Review of environmental planning instruments
- 3.22 Expedited amendments of environmental planning instruments
- 3.23 Public access to environmental planning instruments and related documents
- 3.24 Publication, amendment and repeal of environmental planning instruments
- 3.25 Special consultation procedures concerning threatened species
- 3.26 Special provision for development in Sydney water catchment relating to water quality
- 3.27 Validity of instruments
- 3.28 Inconsistency between instruments
Division 3.3 - Environmental planning instruments--SEPPs
- 3.29 Governor may make environmental planning instruments (SEPPs)
- 3.30 Consultation requirements
Division 3.4 - Environmental planning instruments--LEPs
- 3.31 Making of environmental planning instruments for local areas (LEPs)
- 3.32 Planning proposal authority
- 3.33 Planning proposal authority to prepare explanation of and justification for proposed instrument--the planning proposal
- 3.34 Gateway determination
- 3.35 Planning proposal authority may vary proposals or not proceed
- 3.36 Making of local environmental plan by local plan-making authority
- 3.37 Regulations
Division 3.5 - Planning instrument amendments and development applications
- 3.38 Application of Division
- 3.39 Making and consideration of certain development applications
- 3.40 Joint exhibition of instrument and advertising of application
Division 3.6 - Development control plans (DCPs)
- 3.41 Definition (DCPs)
- 3.42 Purpose and status of development control plans
- 3.43 Preparation of development control plans
- 3.44 Development control plans required or authorised by environmental planning instruments
- 3.45 Miscellaneous provisions relating to development control plans
- 3.46 Minister may direct councils with respect to development control plans
PART 4 - DEVELOPMENT ASSESSMENT AND CONSENT
Division 4.1 - Carrying out of development--with consent, without consent and prohibited
- 4.1 Development that does not need consent
- 4.2 Development that needs consent
- 4.3 Development that is prohibited
- 4.4 Relationship of this Division to this Act
Division 4.2 - Consent authority
- 4.5 Designation of consent authority
- 4.6 Provisions relating to Independent Planning Commission
- 4.7 Provisions relating to Sydney district or regional planning panels
- 4.8 Exercise of consent authority functions on behalf of councils where local planning panel constituted
Division 4.3 - Development that needs consent (except complying development)
- 4.9 Application of Division
- 4.10 Designated development
- 4.11 The development consent process--the main steps
- 4.12 Application
- 4.13 Consultation and concurrence
- 4.14 Consultation and development consent--certain bush fire prone land
- 4.15 Evaluation
- 4.16 Determination
- 4.17 Imposition of conditions
- 4.18 Post-determination notification
- 4.19 Consent for erection of building authorises use of building
- 4.20 Date from which development consent has effect
Division 4.4 - Concept development applications
- 4.21 Application of this Division
- 4.22 Concept development applications
- 4.23 Concept development applications as alternative to DCP required by environmental planning instruments
- 4.24 Status of concept development applications and consents
Division 4.5 - Complying development
- 4.25 Application of this Division
- 4.26 Carrying out of complying development
- 4.27 What is a "complying development certificate"?
- 4.28 Process for obtaining complying development certificates
- 4.29 Duration of complying development certificate
- 4.30 Modification of complying development
- 4.31 Validity of complying development certificate
Division 4.6 - Crown development
- 4.32 Definitions
- 4.33 Determination of Crown development applications
- 4.34 Directions by Minister
- 4.35 Modification of Crown development consents
Division 4.7 - State significant development
- 4.36 Development that is State significant development
- 4.37 Staged State significant development
- 4.38 Consent for State significant development
- 4.39 Regulations--State significant development
- 4.40 Evaluation of development application (s 4.15)
- 4.41 Approvals etc legislation that does not apply
- 4.42 Approvals etc legislation that must be applied consistently
- 4.43 This Division prevails
Division 4.8 - Integrated development
- 4.44 Application of this Division
- 4.45 Definitions
- 4.46 What is "integrated development"?
- 4.47 Development that is integrated development
- 4.48 Consent authority may not refuse certain development applications
- 4.49 Effect of giving notice
- 4.50 Granting and modification of approval by approval body
- 4.51 Effect of approval if the approval body is also a concurrence authority
- 4.52 Rights of appeal
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
- 4.58 Register of consents and certificates
- 4.59 Validity of development consents and complying development certificates
- 4.60 Non-compliance with certain provisions regarding State significant development
- 4.61 Revocation or regrant of development consents after order of Court
- 4.62 Appeals and other provisions relating to development consents after order of Court
- 4.63 Voluntary surrender of development consent
- 4.64 Regulations--Part 4
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- 5.11 Definitions
- 5.12 Development that is State significant infrastructure
- 5.13 Critical State significant infrastructure Subdivision 2 - Environmental assessment and approval of infrastructure
- 5.14 Minister's approval required for State significant infrastructure
- 5.15 Application for approval of State significant infrastructure
- 5.16 Environmental assessment requirements for approval
- 5.17 Environmental assessment and public consultation
- 5.18 Planning Secretary's environmental assessment report
- 5.19 Giving of approval by Minister to carry out project Subdivision 3 - Staged infrastructure applications
- 5.20 Staged infrastructure applications
- 5.21 Status of staged infrastructure applications and approvals Subdivision 4 - Application of other provisions of this and other Acts
- 5.22 Application of other provisions of Act
- 5.23 Approvals etc legislation that does not apply
- 5.24 Approvals etc legislation that must be applied consistently Subdivision 5 - Miscellaneous
- 5.25 Modification of Minister's approval
- 5.26 Validity of action under this Division
- 5.27 Third-party appeals and judicial review--critical State significant infrastructure
- 5.28 Miscellaneous provisions relating to approvals under this Division
- 5.29 Regulations for purposes of Division
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
- 6.1 Definitions: Part 6
- 6.2 Meaning of "subdivision" of land
Division 6.2 - Certificates required under this Part
- 6.3 Work or activity that requires certificate under this Part
- 6.4 Kinds of certificates under this Part
- 6.5 Functions of certifiers (including principal certifiers)
Division 6.3 - Building work and certificates relating to building
- 6.6 Requirements before building work commences
- 6.7 Requirement for construction certificate
- 6.8 Restriction on issue of construction certificate
- 6.9 Requirement for occupation certificate
- 6.10 Restrictions on issue of occupation certificates
- 6.11 Effect of occupation certificate on earlier occupation certificates
Division 6.4 - Subdivision work and certificates relating to subdivision
- 6.12 Requirements before subdivision work commences
- 6.13 Requirement for subdivision works certificate
- 6.14 Restriction on issue of subdivision works certificate
- 6.15 Restrictions on issue of subdivision certificates
Division 6.5 - Compliance certificates
- 6.16 Requirement for compliance certificate
- 6.17 Persons who may issue compliance certificates
- 6.18 Restriction on issue of compliance certificates
Division 6.6 - Liability for defective building or subdivision work
- 6.19 Definitions
- 6.20 Limitation on time when action for defective building or subdivision work may be brought
- 6.21 Division not to affect rights to recover damages for death or personal injury
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
- 6.27 Owners building manual
- 6.28 Crown subdivision, building, demolition and incidental work
- 6.29 Certifiers may be satisfied as to certain matters
- 6.30 Satisfaction as to compliance with conditions precedent to the issue of certificates
- 6.31 Directions by principal certifiers
- 6.32 Validity of certificates under this Part
- 6.33 Regulations: Part 6
- 6.34 Regulations: smoke alarms in buildings providing sleeping accommodation
- 6.35 Regulations: Transport for NSW requirements for development affecting rail infrastructure
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
- 7.32 Conditions requiring land or contributions for affordable housing
- 7.33 Provision of affordable housing
Division 7.3 - Funds
- 7.34 Department of Environment and Planning Account
- 7.35 Funds generally
- 7.36 Development Funds
- 7.37 Trust Fund
- 7.38 Constitution of development areas
- 7.39 Alteration or abolition of development area
- 7.40 Land to be in one development area only
- 7.41 Disallowance of constitution of development area
- 7.42 Assessment of loan commitments
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
- 8.1 Definitions: Part 8
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
- 9.1 Directions by the Minister
- 9.2 Inquiry into councils by Secretary of Premier's Department
- 9.3 Action that may be taken against council following investigation
- 9.4 Gas and other petroleum activities--enforcement by EPA
- 9.5 Enforcement of undertakings
- 9.6 Appointment of planning administrator or regional panel
- 9.7 Functions of planning administrators or regional panels
- 9.8 Costs of planning administrator
- 9.9 Council to assist planning administrator or Sydney district or regional planning panel
- 9.10 Annual report on activities of planning administrators and planning assessment panels
- 9.11 Regulations
- 9.12 Protection for exercise of certain functions of Minister
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
- 9.44 Definitions
- 9.45 Restraint etc of breaches of this Act
- 9.46 Orders of the Court
- 9.47 Evidence of use of premises as backpackers' hostel
- 9.48 Proceedings relating to use of premises as brothel
- 9.49 Special provision where development consent tainted by corruption
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
- 10.1 Act to bind Crown
- 10.2 Settlement of disputes
- 10.3 Bush fire prone land
- 10.4 Disclosure of political donations and gifts
- 10.5 Disclosure and misuse of information
- 10.6 Offence--false or misleading information
- 10.7 Planning certificates
- 10.8 Evidence
- 10.9 Proof of ownership of land
- 10.10 Right to be heard
- 10.11 Notices
- 10.12 Transfer or amalgamation of land to which environmental planning instrument applies
- 10.13 Regulations
- 10.14 Copyright in documents used for purposes of this Act--indemnification
- 10.15 Savings and transitional regulations--general
- 10.16 Making of Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 and related provisions 10.17. 10.18. (Repealed)
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4 Schedule 4B (Repealed)
- SCHEDULE 5
- SCHEDULE 6
- SCHEDULE 7
- SCHEDULE 8
- SCHEDULE 9