New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

- As at 8 August 2018
- Act 203 of 1979

TABLE OF PROVISIONS

           Long Title

   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

   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
   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 and review of regional strategic plans
   3.6.    Making of district strategic plans
   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 or GSC 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 - Special infrastructure contributions

   7.22.   Provision of infrastructure
   7.23.   Minister to determine development contributions
   7.24.   Special infrastructure contributions
   7.25.   Minister may make, amend or repeal special contributions areas
   7.26.   Land contributed under this Subdivision

              Subdivision 5 - Establishment of Special Contributions Areas Infrastructure Fund

   7.27.   Definition
   7.28.   Establishment of Fund
   7.29.   Payments into Fund
   7.30.   Payments out of Fund
   7.31.   Investment of money in Fund

           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 Department of Premier and Cabinet
   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 4B (Repealed)
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback