New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 3.14

3.14 Contents of environmental planning instruments

(cf previous s 26)

(1) Without affecting the generality of section 3.13 or any other provision of this Act, an environmental planning instrument may make provision for or with respect to any of the following--

(a) protecting, improving or utilising, to the best advantage, the environment,

(b) controlling (whether by the imposing of development standards or otherwise) development,

(c) reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993 , a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974 , a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section,

(d) providing, maintaining and retaining, and regulating any matter relating to, affordable housing,

(e) protecting or preserving trees or vegetation,

(e1) protecting and conserving native animals and plants, including threatened species and ecological communities, and their habitats,

(f) controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e),

(g) controlling advertising,

(h) such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act.

(3A) An environmental planning instrument may make provision for any zoning of land or other provision to have effect only for a specified period or only in specified circumstances.

(4) An environmental planning instrument that makes provision for or with respect to protecting or preserving trees or other vegetation may make provision--

(a) for authorising the council (or other person or body) to determine the trees or other vegetation included in or excluded from the relevant provisions, and

(b) for requiring a permit, approval or other authorisation to remove or otherwise affect trees or other vegetation that is granted by the council (or other person or body), and

(c) for an appeal to the Court against a refusal to grant any such permit, approval or other authorisation.