New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 10.13

10.13 Regulations

(cf previous s 157)

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to--

(a) any function conferred by this Act on any person, or

(b) requiring information, particulars, returns and statistics to be furnished to the Planning Secretary by councils and the time and mode of furnishing and the manner of verifying them, or

(c) the form, time, manner and mode of giving notices under this Act, or

(c1) the content, form, erection, maintenance and removal of signs relating to the carrying out of development or persons involved with the carrying out of development, or

(d) obligations on persons regarding fire and building safety, including the functions to be exercised only by a holder of an accreditation under the Building and Development Certifiers Act 2018 , or

(d1) temporary structures, or

(d2) entertainment venues (including in connection with the existing use of premises), or

(e) the purposes, objectives, provision and maintenance of affordable housing, including--

(i) means for determining whether a household is a very low income, low income or moderate income household (for example, by reference to income statistics produced by the Australian Bureau of Statistics), and

(ii) means for determining affordable housing costs payable in respect of affordable housing (for example, by reference to percentages of household income), and

(iii) enabling the Minister by order to determine matters relating to affordable housing (including the matters referred to in subparagraphs (i) and (ii)), or

(f) procedural matters in relation to the making of local environmental plans, or

(g) the documents to be provided to, and the matters to be notified to, a consent authority, council or certifier under this Act.

(1A) The regulations may create offences punishable by a monetary penalty not exceeding $110,000.

(2) A provision of a regulation may--

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(3) A regulation may apply, adopt or incorporate any publication as in force from time to time.