New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

- Made under the Environmental Planning and Assessment Act 1979
- As at 12 November 2021
- Reg 557 of 2000

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   3A.     Exclusion from definition of "development"
   3B.     Extension of meaning of "work"
   4.      What is designated development?
           5, 6. (Repealed)
   7.      Building Code of Australia
   8.      Notes

   PART 1A - (Repealed)
   None

   PART 2 - ENVIRONMENTAL PLANNING INSTRUMENTS

   9.      (Repealed)
   10.     Public authorities must concur in proposed reservation of land by LEP
   10A.    Notification when council does not support request to prepare planning proposal
   11.     Fee payable for costs and expenses of studies etc by relevant planning authority
   12.     Planning proposal authority--Lord Howe Island Board
           12A-15A. (Repealed)

   PART 3 - DEVELOPMENT CONTROL PLANS

           Division 1 - Preparation of development control plans by councils

   16.     In what form must a development control plan be prepared?
           17, 17A. (Repealed)

           Division 2 - Public participation

   18.     Public exhibition of draft development control plans
   19.     (Repealed)
   20.     Who may make submissions about a draft development control plan?

           Division 3 - Approval of development control plans

   21.     Approval of development control plans
   21A.    Approval of development control plans relating to residential apartment development

           Division 4 - Amendment and repeal of development control plans

   22.     Amendment or repeal of development control plan
   22A.    Amendment or revocation of development control plan at Minister's direction
   23.     (Repealed)

           Division 5 - Development control plans made by the Planning Secretary

   24.     Application of Part to development control plans made by Planning Secretary

           Division 6 - Miscellaneous

   25.     Additional information requested by relevant planning authority
   25AA.   Assessment and preparation fees
   25AB.   Councils to provide copies of development control plans to Planning Secretary
   25AC.   Purchase of copies of development control plans
   25AD.   (Repealed)

   PART 4 - DEVELOPMENT CONTRIBUTIONS

           Division 1 - Preliminary

   25A.    Planning authorities

           Division 1A - Planning agreements

   25B.    Form and subject-matter of planning agreements
   25C.    Making, amendment and revocation of agreements
   25D.    Public notice of planning agreements
   25E.    Explanatory note
   25F.    Information about planning agreements--councils
   25G.    Information about planning agreements--Planning Secretary
   25H.    Information about planning agreements--other planning authorities

           Division 1B - Development consent contributions

   25I.    Indexation of monetary section 7.11 contribution--recoupment of costs
   25J.    Section 7.12 levy--determination of proposed cost of development
   25K.    Section 7.12 levy--maximum percentage

           Division 1C - Preparation of contributions plans

   26.     In what form must a contributions plan be prepared?
   27.     What particulars must a contributions plan contain?

           Division 2 - Public participation

   28.     Public exhibition of draft contributions plans
   29.     (Repealed)
   30.     Who may make submissions about a draft contributions plan?

           Division 3 - Approval of contributions plans

   31.     Approval of contributions plan by council

           Division 4 - Amendment and repeal of contributions plans

   32.     Amendment or repeal of contributions plan
   33.     (Repealed)
   33A.    Review of contributions plan

           Division 5 - Accounting and reporting

   34.     Councils must maintain contributions register
   35.     Accounting for contributions and levies--councils
   36.     Councils must prepare annual statements

           Division 6 - Public access

   37.     Councils must keep certain records available for public inspection
   38.     Copies of contributions plans to be publicly available

   PART 5 - EXISTING USES

   39.     Definitions
   40.     Object of Part
   41.     Certain development allowed
   42.     Development consent required for enlargement, expansion and intensification of existing uses
   43.     Development consent required for alteration or extension of buildings and works
   44.     Development consent required for rebuilding of buildings and works
   45.     Development consent required for changes of existing uses
   46.     Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
   46A.    (Repealed)

   PART 6 - PROCEDURES RELATING TO DEVELOPMENT APPLICATIONS

           Division 1 - Development applications generally

   47.     Application of Part
   48.     Development application information
   49.     Persons who can make development applications
   50.     How must a development application be made?
   50A.    Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land
   50B.    Special provisions relating to development requiring concurrence and integrated development
   50C.    Special provision relating to development applications for land within Activation Precincts
   51.     Rejection of development applications
   52.     Withdrawal of development applications
   53.     (Repealed)
   54.     Consent authority may request additional information
   55.     Amendment or variation of development applications except for State significant development
   55AA.   Amendment or variation of development applications for State significant development
   55A.    Amendments with respect to BASIX commitments
   56.     Extracts of development applications to be publicly available
   56A.    Planning functions subject to community participation requirements
   56B.    Planning authorities subject to community participation requirements

           Division 1A - (Repealed)
           None

           Division 2 - Development applications for development requiring concurrence

   58.     Application of Division
   59.     Seeking concurrence
   60.     Concurrence authority may require additional information
   61.     Forwarding of submissions to concurrence authorities
   62.     Notification of decision
   63.     Reasons for granting or refusal of concurrence
   64.     Circumstances in which concurrence may be assumed

           Division 3 - Development applications for integrated development

   65.     Application of Division
   66.     Seeking general terms of approval
   67.     Approval body may require additional information
   68.     Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
   69.     Forwarding of submissions to approval bodies
   70.     Notification of general terms of approval
   70AA.   Planning Secretary may act on behalf of approval body
   70AB.   Additional information sought by Planning Secretary acting on behalf of approval body
   70AC.   Notification of general terms of approval by Planning Secretary

           Division 3A - Special provisions relating to concept development applications

   70A.    Information to be included in concept development applications
   70B.    Concept development applications--residential apartment development

           Division 4 - (Repealed)
           None

           Division 5 - Public participation--designated development, State significant development, nominated integrated development, threatened species development and Class 1 aquaculture development

   77.     Notice of development applications
   78.     Notice of designated development application must be exhibited on relevant land
           79, 80. (Repealed)
   81.     Forwarding of submissions to Planning Secretary

           Division 6 - Additional requirements for State significant development

   82.     Additional requirements for State significant development
           83-85B. (Repealed)

           Division 7 - Additional requirements for nominated integrated development, threatened species development and Class 1 aquaculture development

   86.     Application of Division
           87-89. (Repealed)
   90.     Circumstances in which notice requirements may be dispensed with
   91.     (Repealed)

           Division 8 - Determination of development applications

   92.     Additional matters that consent authority must consider
   92A.    Additional matters that consent authority must consider for Wagga Wagga
   93.     Fire safety and other considerations
   94.     Consent authority may require buildings to be upgraded
   94A.    Fire safety and other considerations applying to erection of temporary structures
   95.     Deferred commencement consent
   96.     Imposition of conditions--ancillary aspects of development
   96A.    Imposition of conditions--conditions limited to State significant development
   97.     Modification or surrender of development consent or existing use right
   97A.    Fulfilment of BASIX commitments

           Division 8A - Prescribed conditions of development consent

   98.     Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
   98A.    Erection of signs
   98B.    Notification of Home Building Act 1989 requirements
   98C.    Conditions relating to entertainment venues
   98D.    Condition relating to maximum capacity signage
   98E.    Condition relating to shoring and adequacy of adjoining property
   98F.    Conditions relating to development involving use of buildings as build-to-rent housing

           Division 9 - (Repealed)
           None

           Division 10 - Post-determination notifications

   100.    Notice of determination
   101.    Additional particulars with respect to section 7.11 and 7.12 conditions
   102.    How soon must a notice of determination be sent?
   103.    Notice under sections 6.6 and 6.12 of the Act of appointment of principal certifier
   103A.   Notice under section 6.6 of the Act of critical stage inspections
   104.    Notice under sections 6.6 and 6.12 of the Act of intention to commence subdivision work or erection of building
   105.    Notice under section 4.47(6) of the Act to approval bodies of determination of development application for integrated development

           Division 11 - Time within which development application procedures to be completed

   106.    Definition of "assessment period"
   107.    First 2 days after development application is lodged
   108.    (Repealed)
   109.    Days occurring while consent authority's request for additional information remains unanswered
   110.    Days occurring while concurrence authority's or approval body's request for additional information remains unanswered
   111.    Days occurring during consultation under National Parks and Wildlife Act 1974
   112.    Consent authority to notify applicant that time has ceased to run
   113.    Applications taken to be refused
   113A.   Public participation-- application under section 8.3 of the Act for review of council's determination
   113B.   Period after which Crown development applications may be referred to Minister or regional panel

           Division 12 - Development consents--extension, completion and modification

   114.    What is the form for an application for extension of a development consent?
   114A.   (Repealed)
   115.    Application for modification of development consent except for State significant development
   115AA.  Application for modification of development consent for State significant development
   115A.   Application fee for modification of development consent
   116.    (Repealed)
   117.    Modification of consent involving minimal environmental impact
   118.    Applications under sections 4.55(2) and 4.56 for modification of certain development consents
   119.    Public participation--applications under sections 4.55(2) and 4.56 for modification of other development consents
   119A.   Special provisions relating to applications under section 4.55(2) relating to strategic agricultural land
   119B.   Rejection of application for modification of development consent
   120.    Notification of concurrence authorities and approval bodies
   121.    Applications for modifications of development consents to be kept available for public inspection
   121A.   Consent authority may request additional information from applicant--the Act, ss 4.55(6) and 4.64(1)(q)
   121B.   Amendment of modification application--the Act, s 4.64(1)(q)
   122.    Notice of determination of application to modify development consent
   122A.   Effect of failure to determine modification applications
   122B.   Days not to be included in calculating period for deemed refusal of modification application
   123.    Persons to be informed of proposed revocation or modification of consent under section 4.57(3) of the Act
   123A.   (Repealed)

           Division 12A - Additional provisions where regional panel is exercising consent authority functions

   123B.   Application of Division
   123BA.  Functions exercisable by council on behalf of regional panel
   123C.   Development applications where land is in 2 or more local government areas
   123D.   (Repealed)
   123E.   Procedural matters related to determination of development applications
   123F.   Procedural matters relating to determination of applications to modify consents

           Division 12B - Applications for review under Division 2 of Part 4 of the Act

   123G.   Review of determination of development application
   123H.   Review of decision to reject development application
   123I.   Review of modification decision

           Division 13 - Validity of development consents

   124.    Validity of development consents
   124AA.  When work is physically commenced

           Division 14 - Review conditions

   124A.   Application of Division
   124B.   Development for which review condition may be imposed
   124C.   Matters to be included in consent
   124D.   Review procedures

           Division 15 - Calling in development as State significant development

   124E.   Advice of Independent Planning Commission
   124F.   Calling in existing development applications
   124G.   Planning Secretary's functions with respect to proposed orders under section 4.36(3) of the Act

           Division 16 - Provisions relating to local planning panels exercising consent authority functions

   124H.   Development applications where land is in 2 or more local government areas
   124I.   Procedural matters related to determination of development applications
   124J.   Procedural matters relating to determination of applications to modify consents

           Division 17 - Council of local government area to constitute local planning panel

   124K.   Councils required to constitute single local planning panel

   PART 7 - PROCEDURES RELATING TO COMPLYING DEVELOPMENT CERTIFICATES

           Division 1 - Applications for complying development certificates

   125.    Application of Part
   126.    Making application for complying development certificate
   127.    Council or registered certifier may require additional information
   128.    Special provision relating to complying development certificates for Western Sydney Aerotropolis
   129.    Special provision relating to complying development certificates for development on land within Activation Precincts
   129A.   Amendments with respect to BASIX commitments
   129AA.  Restriction on issue of complying development certificate for certain development for the purpose of schools or school-based child care
   129AB.  Restriction on issue of complying development certificate for certain development related to educational establishments
   129B.   Restriction on issue of complying development certificate
   129C.   Record of site inspections
   129D.   Council to be notified of significant fire safety issues
   129E.   Application form to modify complying development

           Division 2 - Determination of applications and commencement of complying development

   130AA.  Time limit for determining application for complying development certificate
   130AB.  Requirement to advise of applications for certain complying development certificates
   130.    Procedure for determining application for complying development certificate and notification requirements
   130A.   Copy of particular documents to be given to NSW Rural Fire Service and council
   131.    Development standards for change of building use
   132.    Development standards for building work involving the alteration, enlargement or extension of an existing building
   132A.   (Repealed)
   133.    Development standards for erection of temporary structure
   134.    Form of complying development certificate
   135.    Notice under section 86 of the Act of appointment of principal certifier
   135A.   Notice under section 86 of the Act of critical stage inspections
   136.    Notice under section 86 of the Act of intention to commence subdivision work or erection of building

           Division 2A - Conditions of complying development certificate

   136A.   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
   136AA.  Condition relating to fire safety systems in class 2-9 buildings
   136AB.  Notice to neighbours
   136B.   Erection of signs
   136C.   Notification of Home Building Act 1989 requirements
   136D.   Fulfilment of BASIX commitments
   136E.   Development involving bonded asbestos material and friable asbestos material
           136F, 136G. (Repealed)
   136H.   Condition relating to shoring and adequacy of adjoining property
   136I.   Traffic generating development
   136J.   Development on contaminated land
   136K.   When complying development certificates must be subject to section 4.28(9) condition
   136L.   Contributions and levies payable under section 4.28(9) must be paid before work commences
   136M.   Condition relating to payment of security
   136N.   Principal certifier to be satisfied that preconditions met before commencement of work

           Division 3 - Validity of complying development certificates

   137.    Validity of complying development certificates

   PART 8 - CERTIFICATION OF DEVELOPMENT

           Division 1 - Compliance certificates

   138.    Compliance certificate
   138A.   Restriction on issue of compliance certificates

           Division 2 - Construction certificates

   139.    Applications for construction certificates
   139A.   Withdrawal of application for construction certificate
   140.    Certifier may require additional information
   141.    (Repealed)
   142.    Procedure for determining application for construction certificate
   142A.   Deemed refusal period for application for construction certificate
   143.    Fire protection and structural capacity
   143A.   Special requirements for construction certificates for residential apartment development
   143B.   Restriction on issue of construction certificate without inspection
   143C.   Record of site inspections
   144.    Referral of certain plans and specifications to New South Wales Fire Brigades
   144A.   Performance solution report required for certain fire safety aspects of building work
   145.    Compliance with development consent and Building Code of Australia
   146.    Compliance with conditions of development consent
   146A.   Restriction on issue of construction certificates without compliance with planning agreement
   146B.   Condition relating to fire safety systems in class 2-9 buildings
   147.    Form of construction certificate
   148.    Modification of construction certificate

           Division 2A - Subdivision works certificates

   148A.   Application for subdivision works certificate
   148B.   Withdrawal of application
   148C.   Certifier may require additional information
   148D.   (Repealed)
   148E.   Procedure for determining application
   148F.   Compliance with development consent
   148G.   Restriction on issue of certificate without compliance with planning agreement
   148H.   Form of certificate
   148I.   Modification of certificate
   148J.   Deemed refusal period for application for subdivision works certificate

           Division 3 - Occupation certificates

   149.    Applications
   149A.   Certifier may require additional information
   150.    (Repealed)
   151.    Procedure for determining application
   151A.   Deemed refusal period for application for occupation certificate
   152.    Reports of Fire Commissioner
   152A.   Reports of the Fire Commissioner for class 2 or 3 buildings containing certain fire safety systems
   152B.   Performance solution report must be considered before issuing occupation certificate
   153.    Fire safety certificates
   153A.   (Repealed)
   154.    Health, safety and other issues
   154A.   Special requirements for occupation certificates for residential apartment development
   154B.   Fulfilment of BASIX commitments
   154C.   BASIX completion receipt
   154D.   Lighting affecting observing conditions at Siding Spring Observatory
   154E.   Restriction on issue of certificates without compliance with planning agreement
   154F.   Restriction on issue of certificates unless contributions paid
   155.    Form of certificate
   156.    Circumstances when occupation certificate not required
   156A.   Condition of occupation certificates for part of partially completed buildings

           Division 4 - Subdivision certificates

   157.    Applications
   158.    Certifier may require additional information
   159.    (Repealed)
   160.    Procedure for determining application for subdivision certificate
   160A.   (Repealed)
   160B.   Deemed refusal period for application for subdivision certificate

           Division 5 - General

   161.    Certifiers may be satisfied as to certain matters
   161A.   Directions by principal certifiers as to non-compliance with aspects of development--section 6.31 of Act
   161B.   General duties of principal certifiers
   162.    Replacement of principal certifier
   162AA.  Provision of information to replacement principal certifiers
   162A.   Critical stage inspections for building work
   162AB.  Critical stage inspections and other matters for certain structures at Ports Botany and Kembla and Port of Newcastle
   162B.   Record of critical stage and other inspections
   162C.   Progress inspection unavoidably missed
   162D.   Council to be notified of significant fire safety issues
   163.    Notice to allow inspections
   164.    No need for duplicate notices
   164A.   BASIX certificates
   164B.   Certain building work on fire safety systems may be exempt from compliance with the BCA standards
   164C.   Interpretation

   PART 9 - FIRE SAFETY AND MATTERS CONCERNING THE BUILDING CODE OF AUSTRALIA

           Division 1 - Preliminary

   165.    Definitions
   166.    Statutory fire safety measures
   167.    Application of Part
   167A.   (Repealed)

           Division 2 - Fire safety schedules

   168.    Fire safety schedules
   168A.   (Repealed)
   168B.   Installation of fire sprinkler systems in certain residential aged care facilities

           Division 3 - Fire safety orders

   169.    Fire safety schedules and fire safety certificates

           Division 4 - Fire safety certificates

   170.    What is a final fire safety certificate?
   171.    Issue of final fire safety certificates
   172.    Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building
   173.    What is an interim fire safety certificate?
   174.    Form of fire safety certificates

           Division 5 - Fire safety statements

   175.    What is an annual fire safety statement?
   176.    Issue of annual fire safety statements
   177.    Annual fire safety statement to be given to consent authority and Fire Commissioner and prominently displayed in building
   178.    What is a supplementary fire safety statement?
   179.    Issue of supplementary fire safety statements
   180.    Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
   181.    Form of fire safety statements

           Division 6 - Fire safety maintenance

   182.    Essential fire safety measures to be maintained

           Division 7 - Miscellaneous fire safety offences

   183.    Fire safety notices
   184.    Fire exits
   185.    Doors relating to fire exits
   186.    Paths of travel to fire exits

           Division 7A - Smoke Alarms

   186A.   Owners of existing buildings and dwellings must ensure smoke alarms are installed
   186AA.  Owners of moveable dwellings must ensure smoke alarms are installed
   186B.   Specifications for smoke alarms
   186C.   Persons must not remove or interfere with smoke alarms
   186D.   No development consent or consent of owners corporation required to install smoke alarms
   186E.   Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
   186F.   Transitional provisions relating to obligations under this Division
   186G.   Transitional provisions relating to obligations under clause 186AA

           Division 7B - Fire sprinklers in certain residential aged care facilities

   186H.   Definitions
   186I.   Application
   186J.   Requirement to install fire sprinkler systems
   186K.   Nominated completion date
   186L.   Postponement of required completion date for installation
   186M.   Fire sprinkler systems to be installed in accordance with the Fire Sprinkler Standard
   186N.   Occupation certificate to be provided to Implementation Committee
   186O.   Installation of fire sprinkler systems in facilities with 1 March 2016 as nominated completion date
   186P.   Notices relating to residential aged care facilities without fire sprinkler systems
   186Q.   Implementation Committee
   186R.   Applications for complying development certificates and construction certificates for installation of fire sprinkler systems

           Division 7C - Identification of certain buildings with external combustible cladding
           Note

   186S.   Certain building owners must provide registration details of building and its cladding
   186T.   Building owner may be directed to provide registration details of building and its cladding
   186U.   Register of buildings that have external combustible cladding

           Division 7D - Fire safety for short-term rental accommodation

   186V.   Definitions
   186W.   Additional fire safety and evacuation controls for short-term rental accommodation
   186X.   Register to be established and maintained for fire safety
   186Y.   Renewal of registration
   186Z.   Information on letting arrangements to be provided to Planning Secretary

           Division 8 - Miscellaneous

   187.    Modification and supplementation of Building Code of Australia standards
   188.    Exemption from fire safety standards
   189.    Fire brigades inspection powers
   190.    Offences relating to certain Crown property
   190A.   Complying development certificates and construction certificates for installation of fire sprinkler systems in residential care facilities for seniors
   190B.   Plans and specifications for certain fire safety systems must be kept on site

   PART 10 - STATE SIGNIFICANT INFRASTRUCTURE

   191.    Interpretation
   192.    Applications for approval
   193.    Owner's consent or notification
   193A.   EIS for infrastructure on land within 200km of Siding Spring Observatory
   193B.   Environmental assessment requirements--further particulars and specified publications
   193C.   Environmental assessment requirements--environmental impact statements
   194.    Environmental assessment requirements--expiry
   195.    Planning Secretary's environmental assessment report
   196.    Publicly available documents
   196A.   Request for modification of approval for State significant infrastructure
   196B.   Amendment of request for modification of Minister's approval--the Act, s 5.29
   197.    Surrender of approvals or existing use rights
   198.    Erection and occupation of buildings and subdivision of land
           199-205. (Repealed)

   PART 11 - (Repealed)
   None

   PART 12 - ACCREDITATION OF BUILDING PRODUCTS AND SYSTEMS

   224.    Building products and systems certified under CodeMark scheme
   225.    Savings provisions

   PART 13 - DEVELOPMENT BY THE CROWN

   226.    Prescribed persons: section 4.32
   227.    Technical provisions of the State's building laws

   PART 13A - SUPPLEMENTARY PROVISIONS FOR DEVELOPMENT REQUIRING CONSENT

   227A.   Signs on development sites

   PART 14 - ENVIRONMENTAL ASSESSMENT UNDER PART 5 OF THE ACT

           Division 1A - Preliminary

   227AA.  Demolition of temporary structure not "activity"

           Division 1 - Circumstances requiring an environmental impact statement

   228.    What factors must be taken into account concerning the impact of an activity on the environment?

           Division 2 - (Repealed)
           None

           Division 3 - Public participation

   233.    Publication of environmental impact statements
           234, 235. (Repealed)
           Divisions 4, 5 - (Repealed)
           None

           Division 6 - General

   243.    Report to be prepared for activities to which an environmental impact statement relates
   244.    (Repealed)

           Division 7 - Fisheries management

   244A.   Definitions
   244B.   Fishing activities and shark meshing
   244C.   (Repealed)

           Division 8 - Special provisions relating to Australian Rail Track Corporation Ltd

   244D.   Definitions
   244E.   Code required for rail infrastructure facilities must be complied with by ARTC
   244F.   Approved Code
           244G, 244H. (Repealed)
   244I.   Existing environmental impact statements and assessments

           Division 9 - Special provisions relating to electricity distributors and transmission operators

   244J.   Definitions
   244K.   Approved Code
   244L.   Procedure for approval of Code

           Division 10 - Special provisions relating to proprietors of registered non-government schools

   244M.   Definitions
   244N.   Approved Code must be complied with
   244O.   Procedure for approval of Code
   244P.   Offences against specified approved Code

   PART 15 - FEES AND CHARGES

           Division 1A - Fees for transitional Part 3A projects

   245A.   Definitions
   245B.   Determination of fees payable for Part 3A application
   245C.   Payment of fees for Part 3A applications
   245D.   Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
   245E.   Maximum fee--marinas
   245F.   Maximum fee--extractive industries
   245G.   Maximum fee--subdivision of land
   245H.   Additional fee for critical infrastructure projects
   245I.   Additional application fee for making environmental assessment publicly available
   245J.   Additional application fee for planning reform
   245K.   Fee for request for modification of Minister's approval
   245L.   Fee for review by Independent Planning Commission
   245M.   Fee for investigation of potential State significant site
   245N.   Meaning of "estimated cost" for determining fee under this Division

           Division 1 - Fees for development applications (other than for State significant development)

   245.    (Renumbered)
   245AA.  (Renumbered)
   246.    Definition
   246A.   What is the maximum fee?
   246B.   Fee for development application
   247.    Fee for dwelling-house--construction cost under $100,000
   248.    Additional fee--residential apartment development
   249.    Maximum fee--subdivision of land
   250.    Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
   251.    Additional fee--designated development
   252.    Additional fees--development requiring advertising
   252A.   Additional fees--development requiring concurrence
   253.    Additional fees--integrated development
   254.    What if two or more fees are applicable to a single development application?
   255.    How is a fee based on estimated cost determined?
   256.    Determination of fees for development applications
   256A.   Proportion of development application fees to be remitted to Planning Secretary and Registration Secretary
   256B.   Concept development applications
   256BA.  Fees not to be charged for council compliance and enforcement functions--the Act, s 4.64(1)(f)

           Division 1AA - Fees for State significant development and State significant infrastructure--the Act, ss 4.64 and 5.29
           256C. Definitions

   256D.   Determination of fees payable for application
   256E.   Determination of fees
   256F.   Maximum fee--buildings, works or demolition (other than marinas or extractive industries)
   256G.   Maximum fee--marinas
   256H.   Maximum fee--extractive industries
   256I.   Maximum fee--subdivision of land
   256J.   Additional fee for critical State significant infrastructure
   256K.   Additional fee for making environmental impact statement publicly available
   256KA.  Additional fee for assessing concept component of staged application
   256L.   Additional fee for planning reform
   256M.   Fees for modifications
   256N.   Fee for public hearing by Independent Planning Commission
   256O.   Fee for planning proposal with application
   256P.   Meaning of "estimated cost" for determining fee under this Division

           Division 2 - Other fees and charges

   257.    Fee for request for review of determination
   257A.   Fee for review of decision to reject a development application
   258.    Fee for application for modification of consent for local development
   258A.   Fee for review of modification application
   259.    Fee for planning certificate
   260.    Fee for building information certificate
   261.    Fee for copy of building information certificate
   262.    Fee for certified copy of document, map or plan held by Department or council
   262A.   Fee for site compatibility certificate
   262B.   Fee for BASIX certificate
   262C.   Fee for strategic agricultural land site verification certificate
   263.    Other fees
   263A.   Charge by way of re-imbursement for certain local planning panel costs paid by Department
   263B.   Additional fees for use of NSW planning portal

   PART 16 - REGISTERS AND OTHER RECORDS

   264.    Council to maintain a register of development applications and consents
   265.    Council to maintain a register of complying development applications
   266.    Council to keep certain documents relating to development applications and consents
   267.    Council to keep certain documents relating to complying development certificates
   267A.   Records relating to complaints
   268.    Council to keep certain records available for public inspection

   PART 16A - PROVISIONS ARISING FROM COMMENCEMENT OF LOCAL GOVERNMENT AND ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (TRANSFER OF FUNCTIONS) ACT 2001

   268A.   Development for temporary structures that are entertainment venues
   268B.   (Repealed)

   PART 16B - (Repealed)
   None

   PART 16C - PAPER SUBDIVISIONS

           Division 1 - Preliminary

   268Y.   Interpretation
   268YA.  Subdivision works

           Division 2 - Preparation and notice of proposed development plans

   268Z.   Additional matters to be included in development plans
   268ZA.  Preparation of development plans
   268ZB.  Notice of proposed development plans and consent ballots

           Division 3 - Consent by owners

   268ZC.  Consent ballot to be held
   268ZD.  Voting roll and ballot papers
   268ZE.  Voting
   268ZF.  Safe keeping of ballot papers
   268ZG.  Counting of votes
   268ZH.  Result of ballot
   268ZI.  Retention of ballots

           Division 4 - Adoption and amendment of development plans

   268ZJ.  Adoption of development plans
   268ZK.  Amendment of development plans
   268ZL.  Additional requirements for amendments other than minor amendments

           Division 5 - Miscellaneous

   268ZM.  Contributions by owners
   268ZN.  Powers of entry
   268ZO.  Notice to council of subdivision action
   268ZP.  Reporting requirements for relevant authorities

   PART 17 - MISCELLANEOUS

   269.    Notice of proposal to constitute development area
   270.    Contributions plans for Western Sydney Employment Area
   270A.   Contributions plans for Sydney Region Growth Centres
   271.    Contributions plans for Western Sydney Aerotropolis
           271A, 271B. (Repealed)
   272.    Planning for Bush Fire Protection
   273.    Development excluded from application of requirements relating to bush fire prone land
   273A.   Bush fire prone land map
   273B.   Transitional provision--Planning for Bush Fire Protection
   274.    Release areas under SREP 30
           274A, 274B. (Repealed)
   275.    Development assessment during precinct planning in North West and South West growth centres of Sydney Region
   275A.   Development assessment in North and South East Wilton Precincts
   275B.   Development assessment in Mamre Road Precinct
   275C.   Requirements for development applications for Western Sydney Aerotropolis
   275D.   Development assessment in Glenfield Precinct
   275E.   Requirements for development applications for Rhodes Precinct
   276.    Growth Centres SEPP--release of precinct for urban development and planning process for the precinct
   277.    Public authorities
   278.    Assessment of loan commitments of councils in development areas
   279.    What matters must be specified in a planning certificate?
   280.    Application for building information certificate
   281.    Form and issue of building information certificate
   281A.   Notice of orders under Schedule 5 to the Act
   281B.   Form of compliance cost notices
   281C.   Maximum amounts payable under compliance cost notices--the Act, Sch 5, cl 37(6)
   282.    Planning Secretary may certify certain documents
   283.    (Repealed)
   283A.   Offences against this Regulation
   284.    Penalty notice offences
   285.    Enforcement of orders by cessation of utilities
   285A.   Modification of Part 8.3 of the Protection of the Environment Operations Act 1997
   285B.   Provision of false or misleading information in connection with a planning matter
   286.    Repeal, savings and transitional
   286A.   Savings and transitional provisions: staged introduction of scheme
   286AA.  Savings and transitional provision: introduction of BASIX completion receipt
   286B.   Savings and transitional provision: changes to development contributions scheme
   286C.   (Repealed)
   286D.   Savings and transitional provisions: existing uses
   287.    Special provisions relating to ski resort areas
   288.    Special provision relating to Sydney Opera House
   288A.   Special provision for major events
   289.    Miscellaneous savings and transitional provisions: 2005 Amending Act
   289A.   Transitional provisions relating to development control plans
   290.    Savings and transitional provision: references to "comprehensive development applications"
   291.    Savings and transitional provisions
   291A.   Transitional provisions relating to Part 4A certificates and planning agreements
   291B.   Savings and transitional provision--abolition of Wagga Wagga Interim Joint Planning Panel
   291C.   Transitional provision relating to CodeMark scheme
   292.    (Repealed)
   293.    Deemed refusal period for Court appeals
   294.    Special provisions for public hearings or public meetings of planning bodies during COVID-19 pandemic
   294A.   (Repealed)
   295.    Use of NSW planning portal
   296.    Transitional provision relating to phasing in of NSW planning portal
   297.    Savings and transitional provision--occupation certificates
   298.    Transitional provision for Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021
   298.    Savings and transitional provision for certain 1 July 2021 amendments
   299.    Savings and transitional provision for certain 1 October 2021 amendments
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           Schedule 7 (Repealed)


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