ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

New South Wales Consolidated Acts

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- As at 31 October 2024
- 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
1.8. Amendment of area comprising Six Cities Region

PART 2 - PLANNING ADMINISTRATION

Division 2.1 - Minister and Planning Secretary

2.1. The Minister
2.2. The Planning Secretary
2.3. Panels established by Minister or Planning Secretary
2.4. Delegation by Minister, Planning Ministerial Corporation or Planning Secretary

Division 2.2 - Planning Ministerial Corporation

2.5. Constitution and functions of Corporation
2.6. Management of Corporation

Division 2.3 - Independent Planning Commission

2.7. Independent Planning Commission
2.8. Members of Commission
2.9. Functions of Commission
2.10. Constitution of Commission for particular matters
2.11. Miscellaneous provisions relating to Commission

Division 2.4 - Sydney district and regional planning panels

2.12. Constitution of Sydney district and regional planning panels
2.13. Members of Sydney district and regional planning panels
2.14. Chairperson of Sydney district and regional planning panels
2.15. Functions of Sydney district and regional planning panels
2.16. Miscellaneous provisions relating to Sydney district and regional planning panels

Division 2.5 - Local planning panels

2.17. Constitution of local planning panels
2.18. Members of local planning panels
2.19. Functions of local planning panels
2.20. Miscellaneous provisions relating to local planning panels

Division 2.6 - Community participation

2.21. Planning authorities and functions subject to community participation requirements
2.22. Mandatory community participation requirements
2.23. Community participation plans--preparation
2.24. Community participation plans--miscellaneous provisions

Division 2.7 - Miscellaneous

2.25. NSW planning portal and other online services and information
2.26. Obligation of Commission and panels to consult with council about certain decisions
2.27. Obligations of councils to assist Commission and panels
2.28. Exclusion of personal liability
2.29. Delegation by public authorities other than councils
2.30. Section 381 of Local Government Act 1993 excluded
2.31. Publication of instruments of delegation

PART 3 - PLANNING INSTRUMENTS
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 of regional strategic plans
3.6. Making of district strategic plans for districts in Six Cities Region
3.6A. Making of district strategic plans for districts outside Six Cities Region
3.7. Publication and commencement of strategic plans
3.8. Implementation of strategic plans
3.9. Local strategic planning statements of councils
3.10. Dispensing with conditions precedent to making strategic plans
3.11. Legal proceedings relating to strategic planning
3.12. Regulations relating to strategic planning

Division 3.2 - Environmental planning instruments--general

3.13. Making of environmental planning instruments
3.14. Contents of environmental planning instruments
3.15. Owner-initiated acquisition of land reserved for public purposes
3.16. Suspension of laws etc by environmental planning instruments
3.17. Designated development: declaration by environmental planning instruments
3.18. Consents and concurrences
3.19. Prohibitions
3.20. Standardisation of environmental planning instruments
3.21. Review of environmental planning instruments
3.22. Expedited amendments of environmental planning instruments
3.23. Public access to environmental planning instruments and related documents
3.24. Publication, amendment and repeal of environmental planning instruments
3.25. Special consultation procedures concerning threatened species
3.26. Special provision for development in Sydney water catchment relating to water quality
3.27. Validity of instruments
3.28. Inconsistency between instruments

Division 3.3 - Environmental planning instruments--SEPPs

3.29. Governor may make environmental planning instruments (SEPPs)
3.30. Consultation requirements

Division 3.4 - Environmental planning instruments--LEPs

3.31. Making of environmental planning instruments for local areas (LEPs)
3.32. Planning proposal authority
3.33. Planning proposal authority to prepare explanation of and justification for proposed instrument--the planning proposal
3.34. Gateway determination
3.35. Planning proposal authority may vary proposals or not proceed
3.36. Making of local environmental plan by local plan-making authority
3.37. Regulations

Division 3.5 - Planning instrument amendments and development applications

3.38. Application of Division
3.39. Making and consideration of certain development applications
3.40. Joint exhibition of instrument and advertising of application

Division 3.6 - Development control plans (DCPs)

3.41. Definition (DCPs)
3.42. Purpose and status of development control plans
3.43. Preparation of development control plans
3.44. Development control plans required or authorised by environmental planning instruments
3.45. Miscellaneous provisions relating to development control plans
3.46. Minister may direct councils with respect to development control plans

PART 4 - DEVELOPMENT ASSESSMENT AND CONSENT

Division 4.1 - Carrying out of development--with consent, without consent and prohibited

4.1. Development that does not need consent
4.2. Development that needs consent
4.3. Development that is prohibited
4.4. Relationship of this Division to this Act

Division 4.2 - Consent authority

4.5. Designation of consent authority
4.6. Provisions relating to Independent Planning Commission
4.7. Provisions relating to Sydney district or regional planning panels
4.8. Exercise of consent authority functions on behalf of councils where local planning panel constituted

Division 4.3 - Development that needs consent (except complying development)

4.9. Application of Division
4.10. Designated development
4.11. The development consent process--the main steps
4.12. Application
4.13. Consultation and concurrence
4.14. Consultation and development consent--certain bush fire prone land
4.15. Evaluation
4.16. Determination
4.17. Imposition of conditions
4.18. Post-determination notification
4.19. Consent for erection of building authorises use of building
4.20. Date from which development consent has effect

Division 4.4 - Concept development applications

4.21. Application of this Division
4.22. Concept development applications
4.23. Concept development applications as alternative to DCP required by environmental planning instruments
4.24. Status of concept development applications and consents

Division 4.5 - Complying development

4.25. Application of this Division
4.26. Carrying out of complying development
4.27. What is a "complying development certificate"?
4.28. Process for obtaining complying development certificates
4.29. Duration of complying development certificate
4.30. Modification of complying development
4.31. Validity of complying development certificate

Division 4.6 - Crown development

4.32. Definitions
4.33. Determination of Crown development applications
4.34. Directions by Minister
4.35. Modification of Crown development consents

Division 4.7 - State significant development

4.36. Development that is State significant development
4.37. Staged State significant development
4.38. Consent for State significant development
4.39. Regulations--State significant development
4.40. Evaluation of development application (s 4.15)
4.41. Approvals etc legislation that does not apply
4.42. Approvals etc legislation that must be applied consistently
4.43. This Division prevails

Division 4.8 - Integrated development

4.44. Application of this Division
4.45. Definitions
4.46. What is "integrated development"?
4.47. Development that is integrated development
4.48. Consent authority may not refuse certain development applications
4.49. Effect of giving notice
4.50. Granting and modification of approval by approval body
4.51. Effect of approval if the approval body is also a concurrence authority
4.52. Rights of appeal

Division 4.9 - Post-consent provisions

4.53. Lapsing of consent
4.54. Extension of lapsing period for 1 year
4.55. Modification of consents--generally
4.56. Modification by consent authorities of consents granted by the Court
4.57. Revocation or modification of development consent

Division 4.10 - Miscellaneous Part 4 provisions

4.58. Register of consents and certificates
4.59. Validity of development consents and complying development certificates
4.60. Non-compliance with certain provisions regarding State significant development
4.61. Revocation or regrant of development consents after order of Court
4.62. Appeals and other provisions relating to development consents after order of Court
4.63. Voluntary surrender of development consent
4.64. Regulations--Part 4

Division 4.11 - Existing uses

4.65. Definition of "existing use"
4.66. Continuance of and limitations on existing use
4.67. Regulations respecting existing use
4.68. Continuance of and limitations on other lawful uses
4.69. Uses unlawfully commenced
4.70. Saving of effect of existing consents

PART 5 - INFRASTRUCTURE AND ENVIRONMENTAL IMPACT ASSESSMENT

Division 5.1 - Environmental impact assessment (except for State significant infrastructure)

Subdivision 1 - Preliminary

5.1. Definitions
5.2. Nomination of nominated determining authority
5.3. Determining authorities taken to be proponents of activities
5.4. Exemptions for certain activities

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

5.5. Duty to consider environmental impact
5.6. Regulations for environmental impact assessment by prescribed determining authorities

Subdivision 3 - Activities for which EIS required

5.7. Decision of determining authority in relation to certain activities
5.8. Publicity and examination of environmental impact statements
5.9. Consideration of findings and recommendations of Independent Planning Commission
5.10. Regulations

Division 5.2 - State significant infrastructure

Subdivision 1 - Preliminary

5.11. Definitions
5.12. Development that is State significant infrastructure
5.13. Critical State significant infrastructure

Subdivision 2 - Environmental assessment and approval of infrastructure

5.14. Minister's approval required for State significant infrastructure
5.15. Application for approval of State significant infrastructure
5.16. Environmental assessment requirements for approval
5.17. Environmental assessment and public consultation
5.18. Planning Secretary's environmental assessment report
5.19. Giving of approval by Minister to carry out project

Subdivision 3 - Staged infrastructure applications

5.20. Staged infrastructure applications
5.21. Status of staged infrastructure applications and approvals

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

5.22. Application of other provisions of Act
5.23. Approvals etc legislation that does not apply
5.24. Approvals etc legislation that must be applied consistently

Subdivision 5 - Miscellaneous

5.25. Modification of Minister's approval
5.26. Validity of action under this Division
5.27. Third-party appeals and judicial review--critical State significant infrastructure
5.28. Miscellaneous provisions relating to approvals under this Division
5.29. Regulations for purposes of Division

Division 5.3 - Infrastructure corridors--concurrences and notifications

5.30. Designation of "infrastructure corridors"
5.31. Concurrence and notification requirements for activities within infrastructure corridors
5.32. Review of decisions to refuse concurrence

PART 6 - BUILDING AND SUBDIVISION CERTIFICATION

Division 6.1 - Preliminary

6.1. Definitions: Part 6
6.2. Meaning of "subdivision" of land

Division 6.2 - Certificates required under this Part

6.3. Work or activity that requires certificate under this Part
6.4. Kinds of certificates under this Part
6.5. Functions of certifiers (including principal certifiers)
6.5A. Additional persons with function of issuing subdivision certificate

Division 6.3 - Building work and certificates relating to building

6.6. Requirements before building work commences
6.7. Requirement for construction certificate
6.8. Restriction on issue of construction certificate
6.9. Requirement for occupation certificate
6.10. Restrictions on issue of occupation certificates
6.11. Effect of occupation certificate on earlier occupation certificates

Division 6.4 - Subdivision work and certificates relating to subdivision

6.12. Requirements before subdivision work commences
6.13. Requirement for subdivision works certificate
6.14. Restriction on issue of subdivision works certificate
6.15. Restrictions on issue of subdivision certificates

Division 6.5 - Compliance certificates

6.16. Requirement for compliance certificate
6.17. Persons who may issue compliance certificates
6.18. Restriction on issue of compliance certificates

Division 6.6 - Liability for defective building or subdivision work

6.19. Definitions
6.20. Limitation on time when action for defective building or subdivision work may be brought
6.21. Division not to affect rights to recover damages for death or personal injury

Division 6.7 - Building information certificates

6.22. Who may apply for building information certificates
6.23. Making of applications for building information certificates
6.24. Issue of building information certificates
6.25. Issue, nature and effect of building information certificate
6.26. Miscellaneous provisions relating to building information certificates

Division 6.8 - Miscellaneous

6.27. Owners building manual
6.28. Crown subdivision, building, demolition and incidental work
6.29. Certifiers may be satisfied as to certain matters
6.30. Satisfaction as to compliance with conditions precedent to the issue of certificates
6.31. Directions by principal certifiers
6.32. Validity of certificates under this Part
6.33. Regulations: Part 6
6.34. Regulations: smoke alarms in buildings providing sleeping accommodation
6.35. Regulations: Transport for NSW requirements for development affecting rail infrastructure

PART 7 - INFRASTRUCTURE CONTRIBUTIONS AND FINANCE

Division 7.1 - Development contributions

Subdivision 1 - Preliminary

7.1. Definitions
7.2. Relationship to planning instruments
7.3. Provisions relating to money etc contributed under this Division (other than Subdivision 4)

Subdivision 2 - Planning agreements

7.4. Planning agreements
7.5. Information about planning agreements
7.6. Registered planning agreements to run with land
7.7. Circumstances in which planning agreements can or cannot be required to be made
7.8. Jurisdiction of Court with respect to planning agreements
7.9. Determinations or directions by Minister
7.10. Regulations--planning agreements

Subdivision 3 - Local infrastructure contributions

7.11. Contribution towards provision or improvement of amenities or services
7.12. Fixed development consent levies
7.13. Section 7.11 or 7.12 conditions subject to contributions plan
7.14. Cross-boundary issues
7.15. Public service or public amenity may be provided outside NSW
7.16. Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc
7.17. Directions by Minister
7.18. Contributions plans--making
7.19. Contributions plans--making, amendment or repeal by Minister
7.20. Contributions plans--judicial notice, validity etc
7.21. Contributions plans--complying development

Subdivision 4 - Housing and productivity contributions

7.22. Definitions
7.23. Effect of subdivision
7.24. Provision of regional infrastructure
7.25. Measures to conserve or enhance the natural environment
7.26. Content of Ministerial planning orders requiring housing and productivity contributions
7.27. Making Ministerial planning orders requiring housing and productivity contributions
7.28. Housing and productivity contributions imposed as conditions of development consent
7.29. No connection required
7.30. No appeals
7.31. SBC Fund

Subdivision 5 - Establishment of Housing and Productivity Fund

7.31A. Establishment of HAP Fund
7.31B. Purpose of HAP Fund
7.31C. Payments into HAP Fund
7.31D. Payments out of HAP Fund
7.31E. Investment of money in HAP Fund

Subdivision 6 - Report by Treasurer

7.31F. Treasurer to give annual report

Division 7.2 - Affordable housing contributions

7.32. Conditions requiring land or contributions for affordable housing
7.33. Provision of affordable housing

Division 7.3 - Funds

7.34. Department of Environment and Planning Account
7.35. Funds generally
7.36. Development Funds
7.37. Trust Fund
7.38. Constitution of development areas
7.39. Alteration or abolition of development area
7.40. Land to be in one development area only
7.41. Disallowance of constitution of development area
7.42. Assessment of loan commitments

Division 7.4 - Charges and fees

7.43. Right to charges and fees
7.44. Charges and fees fixed by regulation
7.45. Liability for charge or fee
7.46. Recovery of charges etc

PART 8 - REVIEWS AND APPEALS

Division 8.1 - Introductory

8.1. Definitions: Part 8

Division 8.2 - Reviews

8.2. Determinations and decisions subject to review
8.3. Application for and conduct of review
8.4. Outcome of review
8.5. Miscellaneous provisions relating to reviews

Division 8.3 - Appeals--development consents

8.6. Decisions subject to appeal to Court under this Division
8.7. Appeal by applicant--applications for development consent
8.8. Appeal by an objector--designated development applications
8.9. Appeal by applicant--modifications of development consent
8.10. Time within which appeals may be made
8.11. Circumstances in which consent taken to have been refused for purposes of appeal rights
8.12. Notice of appeals to be given and right to be heard
8.13. Effect of appeals on operation of consents
8.14. Powers of Court on appeals
8.15. Miscellaneous provisions relating to appeals under this Division

Division 8.4 - Appeals--building and subdivision certification

8.16. Appeals against failure or refusal to issue certificate under Part 6
8.17. Deemed refusal for purposes of appeal

Division 8.5 - Appeals--development control orders

8.18. Appeals concerning orders
8.19. Awarding of compensation concerning orders
8.20. Effect of appeal on order

Division 8.6 - Appeals--miscellaneous

8.21. Appeal concerning decisions on security for development requirements or damage
8.22. Appeals against refusal to extend consent lapsing period
8.23. Appeals against revocation or modification of development consent
8.24. Appeals concerning compliance cost notices
8.25. Appeals with respect to building information certificates
8.26. Regulations

PART 9 - IMPLEMENTATION AND ENFORCEMENT

Division 9.1 - Ministerial and other enforcement powers

9.1. Directions by the Minister
9.2. Inquiry into councils by Secretary of Premier's Department
9.3. Action that may be taken against council following investigation
9.4. Gas and other petroleum activities--enforcement by EPA
9.5. Enforcement of undertakings
9.6. Appointment of planning administrator or regional panel
9.7. Functions of planning administrators or regional panels
9.8. Costs of planning administrator
9.9. Council to assist planning administrator or Sydney district or regional planning panel
9.10. Annual report on activities of planning administrators and planning assessment panels
9.11. Regulations
9.12. Protection for exercise of certain functions of Minister

Division 9.2 - Investigative powers of departmental or council officers

Subdivision 1 - Preliminary

9.13. Definitions
9.14. Appointment of investigation officers
9.15. Purposes for which powers under Division may be exercised

Subdivision 2 - Powers of entry and search

9.16. Powers of investigation officers to enter premises
9.17. Notice of entry of residential premises
9.18. Powers of investigation officers to do things at premises
9.19. Search warrants
9.20. Care to be taken
9.21. Notification of use of force

Subdivision 3 - Powers to obtain information

9.22. Requirement to provide information and records
9.23. Power of investigation officers to require answers and record evidence
9.24. Recording of evidence

Subdivision 4 - Miscellaneous provisions applying to exercise of powers

9.25. Offences
9.26. Identification card to be produced
9.27. Assistance for investigation officers
9.28. Compensation
9.29. Recovery of cost of entry and inspection
9.30. Notices
9.31. Provisions relating to requirements to furnish records or information or answer questions
9.32. Fire brigades inspection powers
9.33. Accredited certifiers

Division 9.3 - Development control orders

9.34. Orders that may be given
9.35. Relevant enforcement authorities who may give orders
9.36. Provisions relating to orders
9.37. Failure to comply with order--offence

Division 9.4 - Monitoring and environmental audits

9.38. Application of Division
9.39. Nature of monitoring and environmental audits
9.40. Minister may require monitoring or environmental audits by imposition of conditions on approved projects
9.41. Provisions relating to conditions for monitoring and environmental audits
9.42. Offences relating to monitoring and environmental audits
9.43. Self-incriminatory information and use of information

Division 9.5 - Civil enforcement proceedings

9.44. Definitions
9.45. Restraint etc of breaches of this Act
9.46. Orders of the Court
9.47. Evidence of use of premises as backpackers' hostel
9.48. Proceedings relating to use of premises as brothel
9.49. Special provision where development consent tainted by corruption

Division 9.6 - Criminal offences and proceedings

9.50. Offences against this Act and the regulations
9.51. Maximum monetary penalty--Tier 1, Tier 2 or Tier 3
9.52. Maximum penalty--Tier 1
9.53. Maximum penalty--Tier 2
9.54. Maximum penalty--Tier 3
9.55. (Repealed)
9.56. Additional provisions relating to penalties
9.57. Proceedings for offences
9.58. Penalty notices for certain offences

PART 10 - MISCELLANEOUS

10.1. Act to bind Crown
10.2. Settlement of disputes
10.3. Bush fire prone land
10.4. Disclosure of political donations and gifts
10.5. Disclosure and misuse of information
10.6. Offence--false or misleading information
10.7. Planning certificates
10.8. Evidence
10.9. Proof of ownership of land
10.10. Right to be heard
10.11. Notices
10.12. Transfer or amalgamation of land to which environmental planning instrument applies
10.13. Regulations
10.14. Copyright in documents used for purposes of this Act--indemnification
10.15. Savings and transitional regulations--general
10.16. Making of Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 and related provisions
10.17. 10.18. (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
Schedule 4B (Repealed)
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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