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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

- As at 21 September 2017
- 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      (Repealed)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     (Repealed)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
   5AA.    Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994
           5A-5D. (Repealed)
   6.      Act to bind Crown

   PART 2 - ADMINISTRATION

           Division 1 - The Minister

   7.      Responsibility of 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 Secretary

   13.     Secretary of Department of Planning and Environment
   14.     (Repealed)
   15.     Functions of the Secretary

           Division 3 - The Department

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     (Repealed)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

           Division 4 - (Repealed)
           None

           Division 5 - Committees

           19-21. (Repealed)
   22.     Establishment of other committees

           Division 6 - Delegation

   23.     Delegation

   PART 2A - OTHER PLANNING BODIES

           Division 1 - Preliminary

   23A.    Definitions

           Division 2 - Planning Assessment Commission

   23B.    Planning Assessment Commission
   23C.    Chairperson of Commission
   23D.    Functions of Commission
   23E.    Reviews by, and procedures of, Commission
   23F.    No appeals against decisions by Commission after public hearings

           Division 3 - Joint regional planning panels

   23G.    Joint regional planning panels
   23H.    Regulations

           Division 4 - Local planning panels and council delegates

   23I.    Exercise of consent authority functions on behalf of councils where local planning panel constituted
   23J.    Constitution of local planning panels
   23K.    Members of local planning panels
   23L.    Functions of local planning panels
   23LA.   Miscellaneous provisions relating to local planning panels

           Division 6 - Matters relating to councils and council functions

   23M.    Obligation to consult with council about certain decisions
   23N.    Obligations of councils to assist Commission and regional panels
   23O.    Recovery of certain costs

   PART 3 - ENVIRONMENTAL PLANNING INSTRUMENTS

           Division 1 - General

   24.     Making of environmental planning instruments
   25.     (Repealed)
   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 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.    Special consultation procedures concerning threatened species
   34B.    Special provision for development in Sydney water catchment relating to water quality
   35.     Validity of instruments
   36.     Inconsistency between instruments

           Division 2 - SEPPs

   37.     Governor may make environmental planning instruments (SEPPs)
   38.     Consultation requirements
   39.     (Repealed)

           Division 3 - (Repealed)
           None

           Division 4 - LEPs

   53.     Minister may make environmental planning instruments for local areas (LEPs)
   53A.    Greater Sydney Commission may make LEPs for local areas in Greater Sydney Region
   54.     Relevant planning authority
   55.     Relevant planning authority to prepare explanation of and justification for proposed instrument--the planning proposal
   56.     Gateway determination
   57.     Community consultation
   58.     Relevant planning authority may vary proposals or not proceed
   59.     Making of local environmental plan by Minister
   60.     Regulations
           61-72. (Repealed)

           Division 4A - (Repealed)
           None

           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.    (Repealed)

           Division 5 - Review and amendment of environmental planning instruments

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

           Division 6 - Development control plans

   74B.    Definition (DCPs)
   74BA.   Purpose and status of development control plans
   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 - (Repealed)
   None

   PART 3B - STRATEGIC PLANNING

   75AA.   Interpretation
   75AB.   Declaration of regions and districts
   75AC.   Regional plans--preparation and content
   75AD.   District plans--preparation and content
   75AE.   Making and review of regional plans
   75AF.   Making of district plans
   75AG.   Publication and commencement of strategic plans
   75AH.   Mandatory public exhibition requirements
   75AI.   Implementation of strategic plans
   75AJ.   Dispensing with conditions precedent to making strategic plans
   75AK.   Legal proceedings relating to strategic planning
   75AL.   Regulations relating to strategic planning

   PART 4 - DEVELOPMENT ASSESSMENT

           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 taken to have been refused
   82A.    Review of determination
   82B.    Review where development application not accepted
   82C.    Review procedures generally
   82D.    Effect of review decisions
   83.     Date from which consent operates

           Division 2A - Special procedures concerning concept development applications

   83A.    Application of this Division
   83B.    Concept development applications
   83C.    Concept development applications as alternative to DCP required by environmental planning instruments
   83D.    Status of concept development applications and consents

           Division 3 - Special procedure for complying development

   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 - Crown developments

   88.     Definitions
   89.     Determination of Crown development applications
   89A.    Directions by Minister
   89B.    Modification of Crown development consents

           Division 4.1 - State significant development

   89C.    Development that is State significant development
   89D.    Minister consent authority for State significant development
   89E.    Consent for State significant development
   89F.    Public participation
   89G.    Regulations--State significant development
   89H.    Evaluation of development application (s 79C)
   89I.    (Repealed)
   89J.    Approvals etc legislation that does not apply
   89K.    Approvals etc legislation that must be applied consistently
   89L.    This Division prevails

           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.     Consent authority may not refuse certain development applications
   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 Secretary in growth centres, council areas 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
   96AB.   Review where modification application refused or conditions imposed
   96A.    Revocation or modification of development consent

           Division 8 - Appeals and related matters

   97.     Appeal by applicant--development applications
   97AA.   Appeal by applicant--modifications
   97A.    Notice of appeals to be given and right to be heard
   97B.    Costs payable if amended development application filed
   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.   (Repealed)

           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

           Division 1 - Certification of work and other matters

   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
   109NA.  Provision of information to replacement principal certifying authorities
   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

           Division 2 - Crown building work and other Crown development

   109R.   Building, demolition and incidental work
   109S.   (Repealed)

   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, 110D. (Repealed)
   110E.   Exemptions for certain activities

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

   111.    Duty to consider environmental impact
   111A.   Regulations for environmental impact assessment by prescribed determining authorities

           Division 3 - Activities for which EIS required

   112.    Decision of determining authority in relation to certain activities
           112A-112E. (Repealed)
   113.    Publicity and examination of environmental impact statements
   114.    Consideration of findings and recommendations of Planning Assessment Commission
   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.   Reviews about 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
   115RA.  Shark meshing
   115S.   (Repealed)

   PART 5.1 - STATE SIGNIFICANT INFRASTRUCTURE

           Division 1 - Preliminary

   115T.   Definitions
   115U.   Development that is State significant infrastructure
   115V.   Critical State significant infrastructure

           Division 2 - Environmental assessment and approval of infrastructure

   115W.   Minister's approval required for State significant infrastructure
   115X.   Application for approval of State significant infrastructure
   115Y.   Environmental assessment requirements for approval
   115Z.   Environmental assessment and public consultation
   115ZA.  Secretary's environmental assessment report
   115ZB.  Giving of approval by Minister to carry out project
   115ZC.  (Repealed)

           Division 3 - Staged infrastructure applications

   115ZD.  Staged infrastructure applications
   115ZE.  Status of staged infrastructure applications and approvals

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

   115ZF.  Application of other provisions of Act
   115ZG.  Approvals etc legislation that does not apply
   115ZH.  Approvals etc legislation that must be applied consistently

           Division 5 - Miscellaneous

   115ZI.  Modification of Minister's approval
   115ZJ.  Validity of action under this Part
   115ZK.  Third-party appeals and judicial review--critical State significant infrastructure
   115ZL.  Miscellaneous provisions relating to approvals under this Part
   115ZM.  Regulations for purposes of Part

   PART 5A - (Repealed)

   PART 6 - IMPLEMENTATION AND ENFORCEMENT

           Division 1 - General

   116.    (Repealed)
   117.    Directions by the Minister
   117A.   Inquiry into councils by Secretary of Department of Premier and Cabinet
   117B.   Action that may be taken against council following investigation
   117BA.  Gas and other petroleum activities--enforcement by EPA

           Division 1AA - Planning administrators and panels

   117C.   Definitions
   118.    Appointment of planning administrator, planning assessment panel or regional panel
   118AA.  Planning assessment panels
   118AB.  Functions of planning administrators or panels
   118AC.  Costs of planning administrator or planning assessment panel
   118AD.  Council to assist planning administrator or panel
   118AE.  Annual report on activities of planning administrators and planning assessment panels
   118AF.  Regulations
   118AG.  Protection for exercise of certain functions by Minister
           Divisions 1A, 1B

           Division 1C - Investigative powers

              Subdivision 1 - Preliminary

   119A.   Definitions
   119B.   Appointment of investigation officers
   119C.   Purposes for which powers under Division may be exercised

              Subdivision 2 - Powers of entry and search

   119D.   Powers of investigation officers to enter premises
   119E.   Notice of entry of residential premises
   119F.   Powers of investigation officers to do things at premises
   119G.   Search warrants
   119H.   Care to be taken
   119I.   Notification of use of force

              Subdivision 3 - Powers to obtain information

   119J.   Requirement to provide information and records
   119K.   Power of investigation officers to require answers and record evidence
   119L.   Recording of evidence

              Subdivision 4 - Miscellaneous provisions applying to exercise of powers

   119M.   Offences
   119N.   Identification card to be produced
   119O.   Assistance for investigation officers
   119P.   Compensation
   119Q.   Recovery of cost of entry and inspection
   119R.   Notices
   119S.   Provisions relating to requirements to furnish records or information or answer questions
   119T.   Fire brigades inspection powers
   119U.   Accredited certifiers

           Division 2 - Settlement of disputes

           119-120A. (Repealed)
   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
   121CA.  Compliance cost notices
   121D.   Circumstances in which compliance with sections 121F-121K is required
   121E.   Effect of compliance with sections 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
   121ZKA. Appeals concerning compliance cost notices
   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 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 relating to monitoring and environmental audits
   122F.   Self-incriminatory information and use of information

           Division 2C - (Repealed)
           None

           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
   125A.   Maximum penalties for offences against Act: Tier 1
   125B.   Maximum penalties for offences against Act: Tier 2
   125C.   Maximum penalties for offences against Act: Tier 3
   125D.   Maximum penalties for offences against regulations
   126.    Additional provisions relating to 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.    Disclosure of political donations and gifts
   148.    Disclosure and misuse of information
   148A.   (Repealed)
   148B.   Offence--false or misleading information
   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 environmental planning instrument applies
   155.    Paper subdivisions
   156.    (Repealed)
   157.    Regulations
   158.    Exclusion of personal liability
   158A.   Copyright in documents used for purposes of this Act--indemnification
   158B.   Online planning services and information
   158C.   Establishment, content and maintenance of NSW planning database
   158D.   Public access to documents and information on the NSW planning portal
   158E.   Regulations and other provisions relating to online planning services and information
   159.    Savings, transitional and other provisions
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 4B
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 5B
           SCHEDULE 6
           SCHEDULE 6A
           SCHEDULE 7


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