{"id":"nsw:act-1979-203","name":"Environmental Planning and Assessment Act 1979","slug":"environmental-planning-and-assessment-act-1979","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"203 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":3088,"registerId":"nsw-act-1979-203-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1.1 Name of Act\n\n(cf previous s 1)\n\n> This Act may be cited as the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **ss 1.1, 1.2 (previously ss 1, 2):** Renumbered 2017 No 60, Sch 1.2 \\[1\\].","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Planning administration","content":"# Part 2 Planning administration\n\nPart 2 Planning administration\n\n**pt 2:** Ins 2017 No 60, Sch 2.1 \\[1\\].","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Minister and Planning Secretary","content":"## Division 2 Minister and Planning Secretary\n\nDivision 2.1 Minister and Planning Secretary\n\n**div 2.1:** Ins 2017 No 60, Sch 2.1 \\[1\\].","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"The Minister","content":"#### 2 The Minister\n\n2.1 The Minister\n\n(cf previous s 7)\n\n> > (1) The Minister has portfolio responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).\n> \n> > (2) The Minister has the functions conferred or imposed on the Minister under this Act.\n> \n> **s 2.1:** Ins 2017 No 60, Sch 2.1 \\[1\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Planning instruments","content":"# Part 3 Planning instruments\n\nPart 3 Planning instruments\n\n**pt 3, hdg:** Ins 2017 No 60, Sch 3.2 \\[1\\].\n\nNote.\n\nThis Part deals with the following planning instruments—\n\n> (a) strategic plans (comprising regional strategic plans and district strategic plans) and local strategic planning statements,\n\n> (b) environmental planning instruments (comprising State environmental planning policies and local environmental plans),\n\n> (c) development control plans.\n\n**pt 3, note:** Ins 2017 No 60, Sch 3.2 \\[1\\].","sortOrder":59},{"sectionNumber":"Division 3","sectionType":"division","heading":"Strategic planning","content":"## Division 3 Strategic planning\n\nDivision 3.1 Strategic planning\n\n**div 3.1, hdg:** Ins 2017 No 60, Sch 3.2 \\[2\\].\n\n**div 3.1 (previously pt 3B):** Renumbered 2017 No 60, Sch 3.2 \\[3\\].","sortOrder":60},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3.1 Definitions\n\n(cf previous s 75AA)\n\n> > (1) In this Division—\n> > \n> > district means—\n> > \n> > > (a) a city in the Six Cities Region, or\n> > \n> > > (b) a part of a region declared to be a district under section 3.2(b).\n> > \n> > district strategic plan means a district strategic plan made under this Division.\n> > \n> > dwelling means a room or suite of rooms occupied or used or so constructed or adapted to be capable of being occupied or used as a separate domicile.\n> > \n> > housing target means a target for a district for the number of net additional dwellings required for each local government area in the district for the next 5, 10 and 20 years, and may include a target for development consents to be granted to achieve the net additional dwellings.\n> > \n> > local strategic planning statement means a local strategic planning statement made under this Division.\n> > \n> > region means—\n> > \n> > > (a) the Six Cities Region, or\n> > \n> > > (b) any other area declared to be a region under section 3.2(a).\n> > \n> > regional strategic plan means a regional strategic plan made under this Division.\n> > \n> > strategic plan means a regional strategic plan or a district strategic plan.\n> \n> > (2) For the purposes of this Division, preparing or making a strategic plan or local strategic planning statement includes preparing or making a strategic plan or local strategic planning statement to amend, replace or repeal a strategic plan or local strategic planning statement.\n> \n> **s 3.1 (previously s 75AA):** Renumbered 2017 No 60, Sch 3.2 \\[4\\]. Am 2018 No 25, Sch 4 \\[5\\]; 2022 No 8, Sch 4.1\\[7\\]; 2023 No 52, Sch 1\\[5\\]–\\[7\\].","sortOrder":61},{"sectionNumber":"Part 4","sectionType":"part","heading":"Development assessment and consent","content":"# Part 4 Development assessment and consent\n\nPart 4 Development assessment and consent\n\n**pt 4, hdg:** Ins 2017 No 60, Sch 4.2 \\[2\\].","sortOrder":113},{"sectionNumber":"Division 4","sectionType":"division","heading":"Carrying out of development—with consent, without consent and prohibited","content":"## Division 4 Carrying out of development—with consent, without consent and prohibited\n\nDivision 4.1 Carrying out of development—with consent, without consent and prohibited\n\n**div 4.1, hdg (previously pt 4, Div 1, heading):** Renumbered 2017 No 60, Sch 4.2 \\[3\\]. Am 2017 No 60, Sch 4.2 \\[4\\].","sortOrder":114},{"sectionNumber":"4","sectionType":"section","heading":"Development that does not need consent","content":"#### 4 Development that does not need consent\n\n4.1 Development that does not need consent\n\n(cf previous s 76)\n\n> > (1) General If an environmental planning instrument provides that specified development may be carried out without the need for development consent, a person may carry the development out, in accordance with the instrument, on land to which the provision applies.\n> > \n> > Note.\n> > \n> > Environmental assessment of the development may nevertheless be required under Division 5.1.\n> \n> > (2), (3) (Repealed)\n> \n> **ss 4.1–4.4 (previously ss 76–76C):** Renumbered 2017 No 60, Sch 4.2 \\[1\\].","sortOrder":115},{"sectionNumber":"Part 5","sectionType":"part","heading":"Infrastructure and environmental impact assessment","content":"# Part 5 Infrastructure and environmental impact assessment\n\nPart 5 Infrastructure and environmental impact assessment\n\n**pt 5, hdg:** Ins 2017 No 60, Sch 5.2 \\[1\\].","sortOrder":199},{"sectionNumber":"Division 5","sectionType":"division","heading":"Environmental impact assessment (except for State significant infrastructure)","content":"## Division 5 Environmental impact assessment (except for State significant infrastructure)\n\nDivision 5.1 Environmental impact assessment (except for State significant infrastructure)\n\n**div 5.1, hdg (previously pt 5, heading):** Renumbered 2017 No 60, Sch 5.2 \\[2\\]. Am 2017 No 60, Sch 5.2 \\[2\\].\n\n**div 5.1 (previously pt 5):** Renumbered 2017 No 60, Sch 5.2 \\[2\\].","sortOrder":200},{"sectionNumber":"pt.5-div.5.1-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.5-div.5.1-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary\n\n**div 5.1, sdiv 1, hdg (previously pt 5, Div 1, heading):** Renumbered 2017 No 60, Sch 5.2 \\[2\\].","sortOrder":201},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5.1 Definitions\n\n(cf previous s 110)\n\n> > (1) In this Division—\n> > \n> > activity means—\n> > \n> > > (a) the use of land, and\n> > \n> > > (b) the subdivision of land, and\n> > \n> > > (c) the erection of a building, and\n> > \n> > > (d) the carrying out of a work, and\n> > \n> > > (e) the demolition of a building or work, and\n> > \n> > > (f) any other act, matter or thing referred to in section 3.14 that is prescribed by the regulations for the purposes of this definition,\n> > \n> > but does not include—\n> > \n> > > (g) any act, matter or thing for which development consent under Part 4 is required or has been obtained, or\n> > \n> > > (h) any act matter or thing that is prohibited under an environmental planning instrument, or\n> > \n> > > (i) exempt development, or\n> > \n> > > (j) development carried out in compliance with a development control order, or\n> > \n> > > (k) any development of a class or description that is prescribed by the regulations for the purposes of this definition.\n> > \n> > approval includes—\n> > \n> > > (a) a consent, licence or permission or any form of authorisation, and\n> > \n> > > (b) a provision of financial accommodation by a determining authority to another person, not being a provision of such financial accommodation, or financial accommodation of such class or description, as may be prescribed for the purposes of this definition by a determining authority so prescribed.\n> > \n> > determining authority means a Minister or public authority and, in relation to any activity, means the Minister or public authority by or on whose behalf the activity is or is to be carried out or any Minister or public authority whose approval is required in order to enable the activity to be carried out.\n> > \n> > nominated determining authority, in relation to an activity, means the determining authority nominated by the Minister in accordance with section 5.2 in relation to the activity.\n> > \n> > proponent, in relation to an activity, means the person proposing to carry out the activity, and includes any person taken to be the proponent of the activity by virtue of section 5.3.\n> \n> > (2) The Minister is not a determining authority in relation to an activity for the purposes of this Division merely because the Minister’s approval is required under Part 3A or Division 5.2.\n> \n> **s 5.1 (previously s 110):** Renumbered 2017 No 60, Sch 5.2 \\[2\\].","sortOrder":202},{"sectionNumber":"pt.5-div.5.1-sdiv.2","sectionType":"division","heading":"Duty of determining authorities to consider environmental impact of activities","content":"### pt.5-div.5.1-sdiv.2 Duty of determining authorities to consider environmental impact of activities\n\nSubdivision 2 Duty of determining authorities to consider environmental impact of activities\n\n**div 5.1, sdiv 2, hdg (previously pt 5, Div 2, heading):** Renumbered 2017 No 60, Sch 5.2 \\[2\\].","sortOrder":206},{"sectionNumber":"pt.5-div.5.1-sdiv.3","sectionType":"division","heading":"Activities for which EIS required","content":"### pt.5-div.5.1-sdiv.3 Activities for which EIS required\n\nSubdivision 3 Activities for which EIS required\n\n**div 5.1, sdiv 3, hdg (previously pt 5, Div 3, heading):** Renumbered 2017 No 60, Sch 5.2 \\[2\\].","sortOrder":209},{"sectionNumber":"pt.5-div.5.2-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.5-div.5.2-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary\n\n**div 5.2, sdiv 1, hdg (previously pt 5.1, Div 1, heading):** Renumbered 2017 No 60, Sch 5.2 \\[3\\].","sortOrder":215},{"sectionNumber":"pt.5-div.5.2-sdiv.2","sectionType":"division","heading":"Environmental assessment and approval of infrastructure","content":"### pt.5-div.5.2-sdiv.2 Environmental assessment and approval of infrastructure\n\nSubdivision 2 Environmental assessment and approval of infrastructure\n\n**div 5.2, sdiv 2, hdg (previously pt 5.1, Div 2, heading):** Renumbered 2017 No 60, Sch 5.2 \\[3\\].","sortOrder":219},{"sectionNumber":"pt.5-div.5.2-sdiv.3","sectionType":"division","heading":"Staged infrastructure applications","content":"### pt.5-div.5.2-sdiv.3 Staged infrastructure applications\n\nSubdivision 3 Staged infrastructure applications\n\n**div 5.2, sdiv 3, hdg (previously pt 5.1, Div 3, heading):** Renumbered 2017 No 60, Sch 5.2 \\[3\\].","sortOrder":226},{"sectionNumber":"pt.5-div.5.2-sdiv.4","sectionType":"division","heading":"Application of other provisions of this and other Acts","content":"### pt.5-div.5.2-sdiv.4 Application of other provisions of this and other Acts\n\nSubdivision 4 Application of other provisions of this and other Acts\n\n**div 5.2, sdiv 4, hdg (previously pt 5.1, Div 4, heading):** Renumbered 2017 No 60, Sch 5.2 \\[3\\].","sortOrder":229},{"sectionNumber":"pt.5-div.5.2-sdiv.5","sectionType":"division","heading":"Miscellaneous","content":"### pt.5-div.5.2-sdiv.5 Miscellaneous\n\nSubdivision 5 Miscellaneous\n\n**div 5.2, sdiv 5, hdg (previously pt 5.1, Div 5, heading):** Renumbered 2017 No 60, Sch 5.2 \\[3\\].","sortOrder":233},{"sectionNumber":"Part 6","sectionType":"part","heading":"Building and subdivision certification","content":"# Part 6 Building and subdivision certification\n\nPart 6 Building and subdivision certification\n\n**pt 6:** Ins 2017 No 60, Sch 6.1.","sortOrder":243},{"sectionNumber":"Division 6","sectionType":"division","heading":"Preliminary","content":"## Division 6 Preliminary\n\nDivision 6.1 Preliminary\n\n**divs 6.1–6.6:** Ins 2017 No 60, Sch 6.1.","sortOrder":244},{"sectionNumber":"6","sectionType":"section","heading":"Definitions: Part 6","content":"#### 6 Definitions: Part 6\n\n6.1 Definitions: Part 6\n\n> In this Part—\n> \n> building work means any physical activity involved in the erection of a building.\n> \n> certifier means—\n> \n> > (a) a council or a registered certifier, or\n> \n> > (b) for development for which the Minister granted development consent—the council, a registered certifier or the Minister.\n> \n> change of building use means a change of the use of a building from a use as a class of building recognised by the Building Code of Australia to a use as a different class of building recognised by the Building Code of Australia.\n> \n> Crown has the meaning given to that expression by the regulations.\n> \n> Crown building work means development (other than exempt development), or an activity that is subject to environmental impact assessment under Division 5.1, by the Crown that comprises—\n> \n> > (a) the erection of a building, or\n> \n> > (b) the demolition of a building or work, or\n> \n> > (c) the doing of anything that is incidental to the erection of a building or the demolition of a building or work.\n> \n> new building includes an altered part of, or an extension to, an existing building.\n> \n> principal certifier for building or subdivision work means the certifier appointed as the principal certifier for the building work under section 6.6(1) or for the subdivision work under section 6.12(1).\n> \n> principal contractor for building work means the person responsible for the overall co-ordination and control of the carrying out of the building work.\n> \n> residential building work, owner-builder, contractor licence—see [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> subdivision work means any physical activity authorised to be carried out in connection with a subdivision under the conditions of a development consent for the subdivision of land. For the purposes of this definition, a development consent includes an approval for State significant infrastructure if the regulations under Part 5 apply this Part to subdivision work under such an approval.\n> \n> Note.\n> \n> Section 1.4 (Definitions) includes a complying development certificate in the definition of development consent for the purposes of this Act.\n> \n> **s 6.1:** Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3\\[7\\] \\[8\\]; 2024 No 72, Sch 1\\[2\\].","sortOrder":245},{"sectionNumber":"Part 7","sectionType":"part","heading":"Infrastructure contributions and finance","content":"# Part 7 Infrastructure contributions and finance\n\nPart 7 Infrastructure contributions and finance\n\n**pt 7, hdg:** Ins 2017 No 60, Sch 7.2 \\[3\\].","sortOrder":288},{"sectionNumber":"Division 7","sectionType":"division","heading":"Development contributions","content":"## Division 7 Development contributions\n\nDivision 7.1 Development contributions\n\n**div 7.1 (previously pt 4, Div 6):** Renumbered 2017 No 60, Sch 7.2 \\[1\\].","sortOrder":289},{"sectionNumber":"pt.7-div.7.1-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.7-div.7.1-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary\n\n**div 7.1, sdiv 1 (previously pt 4, Div 6, Subdiv 1):** Renumbered 2017 No 60, Sch 7.2 \\[1\\].","sortOrder":290},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n7.1 Definitions\n\n(cf previous s 93C)\n\n> In this Division—\n> \n> contributions plan means a contributions plan approved under section 7.18.\n> \n> development corporation means a development corporation constituted under Part 2 of the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049).\n> \n> growth centre has the same meaning as it has in the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049).\n> \n> planning agreement means a voluntary agreement referred to in section 7.4.\n> \n> planning authority means—\n> \n> > (a) a council, or\n> \n> > (b) the Minister, or\n> \n> > (c) the Planning Ministerial Corporation, or\n> \n> > (d) a development corporation (within the meaning of the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049)), or\n> \n> > (e) a public authority declared by the regulations to be a planning authority for the purposes of this Division.\n> \n> public amenities or public services do not include water supply or sewerage services.\n> \n> **s 7.1 (previously s 93C93E):** Renumbered 2017 No 60, Sch 7.2 \\[1\\]. Am 2023 No 10, Sch 1\\[4\\].","sortOrder":291},{"sectionNumber":"pt.7-div.7.1-sdiv.2","sectionType":"division","heading":"Planning agreements","content":"### pt.7-div.7.1-sdiv.2 Planning agreements\n\nSubdivision 2 Planning agreements\n\n**div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2):** Renumbered 2017 No 60, Sch 7.2 \\[1\\].","sortOrder":294},{"sectionNumber":"pt.7-div.7.1-sdiv.3","sectionType":"division","heading":"Local infrastructure contributions","content":"### pt.7-div.7.1-sdiv.3 Local infrastructure contributions\n\nSubdivision 3 Local infrastructure contributions\n\n**div 7.1, sdiv 3 (previously pt 4, Div 6, Subdiv 3):** Renumbered 2017 No 60, Sch 7.2 \\[1\\].","sortOrder":302},{"sectionNumber":"pt.7-div.7.1-sdiv.4","sectionType":"division","heading":"Housing and productivity contributions","content":"### pt.7-div.7.1-sdiv.4 Housing and productivity contributions\n\nSubdivision 4 Housing and productivity contributions\n\n**div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4):** Renumbered 2017 No 60, Sch 7.2 \\[1\\]. Subst 2023 No 10, Sch 1\\[8\\].","sortOrder":314},{"sectionNumber":"pt.7-div.7.1-sdiv.5","sectionType":"division","heading":"Establishment of Housing and Productivity Fund","content":"### pt.7-div.7.1-sdiv.5 Establishment of Housing and Productivity Fund\n\nSubdivision 5 Establishment of Housing and Productivity Fund\n\n**div 7.1, sdiv 5 (previously pt 4, Div 6, Subdiv 5):** Renumbered 2017 No 60, Sch 7.2 \\[1\\]. Subst 2023 No 10, Sch 1\\[8\\].","sortOrder":325},{"sectionNumber":"pt.7-div.7.1-sdiv.6","sectionType":"division","heading":"Report by Treasurer","content":"### pt.7-div.7.1-sdiv.6 Report by Treasurer\n\nSubdivision 6 Report by Treasurer\n\n**div 7.1, sdiv 6:** Ins 2023 No 10, Sch 1\\[8\\].","sortOrder":331},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reviews and appeals","content":"# Part 8 Reviews and appeals\n\nPart 8 Reviews and appeals\n\n**pt 8:** Ins 2017 No 60, Sch 8.1 \\[2\\].","sortOrder":351},{"sectionNumber":"Division 8","sectionType":"division","heading":"Introductory","content":"## Division 8 Introductory\n\nDivision 8.1 Introductory\n\n**div 8.1:** Ins 2017 No 60, Sch 8.1 \\[2\\].","sortOrder":352},{"sectionNumber":"8","sectionType":"section","heading":"Definitions: Part 8","content":"#### 8 Definitions: Part 8\n\n8.1 Definitions: Part 8\n\n> In this Part—\n> \n> appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6.\n> \n> Note.\n> \n> Section 1.4 defines Court as the Land and Environment Court.\n> \n> review means a review by a consent authority under Division 8.2.\n> \n> **s 8.1:** Ins 2017 No 60, Sch 8.1 \\[2\\].","sortOrder":353},{"sectionNumber":"Part 9","sectionType":"part","heading":"Implementation and enforcement","content":"# Part 9 Implementation and enforcement\n\nPart 9 Implementation and enforcement","sortOrder":385},{"sectionNumber":"Division 9","sectionType":"division","heading":"Ministerial and other enforcement powers","content":"## Division 9 Ministerial and other enforcement powers\n\nDivision 9.1 Ministerial and other enforcement powers\n\n**div 9.1, hdg:** Ins 2017 No 60, Sch 9.2 \\[8\\].\n\n**div 9.1 (previously pt 6, divs 1, 1AA):** Renumbered 2017 No 60, Sch 9.2 \\[7\\].","sortOrder":386},{"sectionNumber":"9","sectionType":"section","heading":"Directions by the Minister","content":"#### 9 Directions by the Minister\n\n9.1 Directions by the Minister\n\n(cf previous s 117)\n\n> > (1) The Minister may direct a public authority or person having functions under this Act or an environmental planning instrument to exercise those functions at or within such times as are specified in the direction.\n> \n> > (2) In addition to any direction which may be given under subsection (1), the Minister may direct a council—\n> > \n> > > (a) to exercise its functions under section 3.21 or Division 3.4 of Part 3 in relation to the preparation of a local environmental plan in accordance with such principles, not inconsistent with this Act, as are specified in the direction, and\n> > \n> > > (b) without limiting paragraph (a), to include in a planning proposal prepared by the council provisions which will achieve or give effect to such principles or such aims, objectives or policies, not inconsistent with this Act, as are specified in the direction, and\n> > \n> > > (b1) on a matter relating to the establishment and procedure of a local planning panel, on the development applications (including applications to modify development consents) that are to be determined on behalf of a council by a local planning panel and on the planning proposals that are required to be referred to a local planning panel for advice, and\n> > \n> > > (c) to provide the Minister, in the manner and at the times specified in the direction, with reports, containing such information as the Minister may direct, on the council’s performance in relation to planning and development matters.\n> \n> > (2A) A direction under subsection (2)—\n> > \n> > > (a) may be given to a particular council or to councils generally, and\n> > \n> > > (b) may require the inclusion in planning proposals of provisions to achieve or give effect to particular principles, aims, objectives or policies, and\n> > \n> > > (c) may require planning proposals to be strictly consistent or substantially consistent with the terms of the direction (or provide for the circumstances in which an inconsistency can be justified).\n> > \n> > Any such direction may be given to councils generally by its publication in the Gazette or on a website maintained by the Department (or both).\n> \n> > (2B) A reference to a council in subsections (2) and (2A) includes a reference to a planning proposal authority under Division 3.4 that is not a council.\n> \n> > (3) A public authority or person to whom a direction is given under subsection (1) or (2) shall comply, and is hereby empowered to comply, with the direction in accordance with the terms of the direction.\n> \n> > (4) Before giving a direction under subsection (1) or (2), the Minister shall consult with the responsible Minister concerned.\n> \n> > (4A) Before giving a direction under subsection (2)(c), the Minister is to consult with the Local Government and Shires Association of New South Wales and any other industry organisation the Minister considers to be relevant, in relation to the information that the Minister is proposing to seek. This requirement is in addition to the requirement under subsection (4).\n> \n> > (5) A local environmental plan (or any planning proposal or purported plan) cannot in any court proceedings be challenged, reviewed, called into question, prevented from being made or otherwise affected on the basis of anything in a direction under subsection (1) or (2).\n> \n> **s 9.1 (previously s 117):** Renumbered 2017 No 60, Sch 9.2 \\[7\\]. Am 2018 No 25, Sch 4 \\[35\\] \\[36\\].","sortOrder":387},{"sectionNumber":"pt.9-div.9.2-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.9-div.9.2-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary","sortOrder":400},{"sectionNumber":"pt.9-div.9.2-sdiv.2","sectionType":"division","heading":"Powers of entry and search","content":"### pt.9-div.9.2-sdiv.2 Powers of entry and search\n\nSubdivision 2 Powers of entry and search","sortOrder":404},{"sectionNumber":"pt.9-div.9.2-sdiv.3","sectionType":"division","heading":"Powers to obtain information","content":"### pt.9-div.9.2-sdiv.3 Powers to obtain information\n\nSubdivision 3 Powers to obtain information","sortOrder":411},{"sectionNumber":"pt.9-div.9.2-sdiv.4","sectionType":"division","heading":"Miscellaneous provisions applying to exercise of powers","content":"### pt.9-div.9.2-sdiv.4 Miscellaneous provisions applying to exercise of powers\n\nSubdivision 4 Miscellaneous provisions applying to exercise of powers","sortOrder":415},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"# Part 10 Miscellaneous\n\nPart 10 Miscellaneous\n\n**pt 10 (previously Part 8):** Renumbered 2017 No 60, Sch 10.2 \\[2\\].","sortOrder":455},{"sectionNumber":"10","sectionType":"section","heading":"Act to bind Crown","content":"#### 10 Act to bind Crown\n\n10.1 Act to bind Crown\n\n(cf previous s 6)\n\n> This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n> \n> **s 10.1 (previously s 6):** Renumbered 2017 No 60, Sch 1.2 \\[10\\].","sortOrder":456},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Community participation requirements","content":"# Schedule 1 Community participation requirements\n\nSchedule 1 Community participation requirements\n\n**sch 1:** Ins 2017 No 60, Sch 2.1 \\[2\\]. Am 2018 (500), Sch 1 \\[1\\]; 2019 (571), Sch 1\\[1\\] \\[2\\]; 2022 (579), sec 3; 2023 (95), sec 3; 2024 No 72, Sch 1\\[6\\]; 2025 No 24, Sch 1\\[40\\] \\[41\\].","sortOrder":474},{"sectionNumber":"Division 1","sectionType":"division","heading":"Minimum public exhibition periods for plans","content":"## Division 1 Minimum public exhibition periods for plans\n\nDivision 1 Minimum public exhibition periods for plans","sortOrder":476},{"sectionNumber":"8A","sectionType":"section","heading":"Application for development consent for nominated integrated development or threatened species development","content":"#### 8A Application for development consent for nominated integrated development or threatened species development\n\n8A Application for development consent for nominated integrated development or threatened species development\n\n> > (1) Minimum public exhibition period for an application for development consent for nominated integrated development or threatened species development—28 days.\n> \n> > (2) In this clause—\n> > \n> > nominated integrated development means integrated development that requires an approval (within the meaning of section 4.45) under—\n> > \n> > > (a) a provision of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) specified in section 4.46(1), or\n> > \n> > > (b) a provision of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) specified in section 4.46(1), or\n> > \n> > > (c) a provision of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) specified in section 4.46(1).\n> > \n> > threatened species development means development to which section 7.7(2) of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or section 221ZW of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) applies.","sortOrder":486},{"sectionNumber":"9A","sectionType":"section","heading":"Application for development consent for category 1 remediation work under State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4","content":"#### 9A Application for development consent for category 1 remediation work under State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4\n\n9A Application for development consent for category 1 remediation work under [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 4\n\n> Minimum public exhibition period for an application for development consent for category 1 remediation work under [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 4—28 days.","sortOrder":488},{"sectionNumber":"9B","sectionType":"section","heading":"Council-related development applications","content":"#### 9B Council-related development applications\n\n9B Council-related development applications\n\n> > (1) Minimum public exhibition period for a council-related development application—28 days.\n> \n> > (2) In this clause—\n> > \n> > council-related development application means a development application, for which a council is the consent authority, that is—\n> > \n> > > (a) made by or on behalf of the council, or\n> > \n> > > (b) for development on land, other than a public road within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)—\n> > > \n> > > > (i) of which the council is an owner, a lessee or a licensee, or\n> > > \n> > > > (ii) otherwise vested in or under the control of the council.\n> > > > \n> > > > Note—\n> > > > \n> > > > Land vested in or under the control of the council includes public land within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":489},{"sectionNumber":"9C","sectionType":"section","heading":"Application for development consent for targeted assessment development","content":"#### 9C Application for development consent for targeted assessment development\n\n9C Application for development consent for targeted assessment development\n\n> > (1) Minimum public exhibition period for an application for development consent for targeted assessment development—\n> > \n> > > (a) if a State environmental planning policy specifies a period of public exhibition for the application—the period specified, or\n> > \n> > > (b) if a State environmental planning policy specifies that no public exhibition period is required for the application—no public exhibition, or\n> > \n> > > (c) otherwise—14 days.\n> \n> > (2) Despite clause 13, the minimum public exhibition period for the re-exhibition of an amended application for development consent for targeted assessment development—\n> > \n> > > (a) if a State environmental planning policy specifies a period of public exhibition for the application—the period specified, or\n> > \n> > > (b) if a State environmental planning policy specifies that no public exhibition period is required for the application—no public exhibition, or\n> > \n> > > (c) otherwise—14 days.","sortOrder":490},{"sectionNumber":"11","sectionType":"section","heading":"Environmental impact statement obtained under Division 5.1","content":"#### 11 Environmental impact statement obtained under Division 5.1\n\n11 Environmental impact statement obtained under Division 5.1\n\n(cf previous s 113)\n\n> Minimum public exhibition period for an environmental impact statement obtained under Division 5.1—28 days.","sortOrder":492},{"sectionNumber":"12","sectionType":"section","heading":"Environmental impact statement for State significant infrastructure under Division 5.2","content":"#### 12 Environmental impact statement for State significant infrastructure under Division 5.2\n\n12 Environmental impact statement for State significant infrastructure under Division 5.2\n\n(cf previous s 115Z)\n\n> Minimum public exhibition period for an environmental impact statement for State significant infrastructure under Division 5.2—28 days.","sortOrder":493},{"sectionNumber":"13","sectionType":"section","heading":"Re-exhibition of any amended application or matter referred to above required by or under this Schedule","content":"#### 13 Re-exhibition of any amended application or matter referred to above required by or under this Schedule\n\n13 Re-exhibition of any amended application or matter referred to above required by or under this Schedule\n\n> Minimum public exhibition period for re-exhibition of any amended application or matter referred to above required by or under this Schedule—the period (if any) determined by the person or body responsible for publicly exhibiting the application or matter.","sortOrder":494},{"sectionNumber":"14","sectionType":"section","heading":"Publicly exhibited plans, applications etc not to be made or determined until after exhibition period","content":"#### 14 Publicly exhibited plans, applications etc not to be made or determined until after exhibition period\n\n14 Publicly exhibited plans, applications etc not to be made or determined until after exhibition period\n\n> > (1) If this Part requires a plan, application or other matter to be publicly exhibited, the plan or application is not to be made or determined (or the other matter finalised) until after the minimum period of public exhibition under this Part.\n> \n> > (2) If the plan, application or other matter is placed on public exhibition for a specified longer period, the plan or application is not to be made or determined (or the other matter finalised) until after that specified longer period.","sortOrder":496},{"sectionNumber":"15","sectionType":"section","heading":"Submissions during exhibition period","content":"#### 15 Submissions during exhibition period\n\n15 Submissions during exhibition period\n\n> > (1) Submissions with respect to a plan, application or other matter may be made during the minimum period of its public exhibition under this Part.\n> \n> > (2) If the plan, application or other matter is placed on public exhibition for a specified longer period, submissions may be made during that specified longer period.\n> \n> > (3) A submission made after the end of the period specified in subclause (1) or (2) is not a submission for the purposes of the Act, the regulations or an environmental planning instrument.\n> \n> > (4) Subclause (3) does not prevent a consent authority from considering a submission made after the end of the period specified in subclause (1) or (2).","sortOrder":497},{"sectionNumber":"16","sectionType":"section","heading":"Exclusion of Christmas/New Year period","content":"#### 16 Exclusion of Christmas/New Year period\n\n16 Exclusion of Christmas/New Year period\n\n> The period between 20 December and 10 January (inclusive) is excluded from the calculation of a period of public exhibition.\n> \n> Note.\n> \n> See also section 36(2) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) for the applicable rule where an exhibition period includes a weekend or public holiday.","sortOrder":498},{"sectionNumber":"17","sectionType":"section","heading":"Rule where more than one exhibition period applies","content":"#### 17 Rule where more than one exhibition period applies\n\n17 Rule where more than one exhibition period applies\n\n> If a particular matter has different exhibition or notification periods that apply under this Part, the longer period applies.","sortOrder":499},{"sectionNumber":"18","sectionType":"section","heading":"Provision relating to public exhibition of EIS","content":"#### 18 Provision relating to public exhibition of EIS\n\n18 Provision relating to public exhibition of EIS\n\n> A public authority is not required to make available for public inspection any part of an environmental impact statement whose publication would, in the opinion of the public authority, be contrary to the public interest because of its confidential nature or for any other reason.","sortOrder":500},{"sectionNumber":"19","sectionType":"section","heading":"Development and other applications and decisions—general","content":"#### 19 Development and other applications and decisions—general\n\n19 Development and other applications and decisions—general\n\n> The mandatory notification requirements of development and other applications under this Act and of the making of decisions with respect to those applications under this Act are the requirements prescribed by this Part, or the requirements prescribed by the regulations, as mandatory notification requirements.","sortOrder":502},{"sectionNumber":"20","sectionType":"section","heading":"Public notification of certain decisions and reasons for the decisions","content":"#### 20 Public notification of certain decisions and reasons for the decisions\n\n20 Public notification of certain decisions and reasons for the decisions\n\n> > (1) This clause applies to the following decisions—\n> > \n> > > (a) the determination by the Minister (or the Independent Planning Commission) of an application for State significant infrastructure,\n> > \n> > > (b) the determination by the Minister (or the Independent Planning Commission) of a request for a modification of an approval for State significant infrastructure (being a request that was publicly exhibited),\n> > \n> > > (c) the determination by a consent authority of an application for development consent,\n> > \n> > > (d) the determination by a consent authority of an application for the modification of a development consent (being an application that was publicly exhibited),\n> > \n> > > (e) the granting of an approval, or the decision to carry out development, by a determining authority where an environmental impact statement was publicly exhibited under Division 5.1.\n> \n> > (2) The mandatory notification requirement in relation to a decision to which this clause applies is public notification of—\n> > \n> > > (a) the decision, and\n> > \n> > > (b) the date of the decision, and\n> > \n> > > (c) the reasons for the decision (having regard to any statutory requirements applying to the decision), and\n> > \n> > > (d) how community views were taken into account in making the decision.\n> \n> > (3) The requirement in subclause (2)(c) may be satisfied by reference to any document that contains the reasons for decision.","sortOrder":503},{"sectionNumber":"20A","sectionType":"section","heading":"Mandatory notification or advertising period (Division 8.2)","content":"#### 20A Mandatory notification or advertising period (Division 8.2)\n\n20A Mandatory notification or advertising period (Division 8.2)\n\n> The mandatory notification or advertising period for an application for the review of a determination or decision of a consent authority under sections 8.2 and 8.3 is—\n> \n> > (a) if the relevant community participation plan specifies a mandatory notification or advertising period for the application—the period so specified, or\n> \n> > (b) otherwise—14 days.","sortOrder":504},{"sectionNumber":"21","sectionType":"section","heading":"Additional or revised mandatory public exhibition and notification requirements","content":"#### 21 Additional or revised mandatory public exhibition and notification requirements\n\n21 Additional or revised mandatory public exhibition and notification requirements\n\n> The regulations may amend Part 1 of this Schedule—\n> \n> > (a) to prescribe additional mandatory requirements for community participation, or\n> \n> > (b) to make other changes to that Part.","sortOrder":506},{"sectionNumber":"22","sectionType":"section","heading":"Regulations relating to public exhibition","content":"#### 22 Regulations relating to public exhibition\n\n22 Regulations relating to public exhibition\n\n> > (1) The regulations may set out the method of public exhibition under this Act, how people can make submissions and how people can obtain further information.\n> \n> > (2) The regulations may specify the requirements for something to be considered a submission for the purposes of this Act.","sortOrder":507},{"sectionNumber":"23","sectionType":"section","heading":"Re-exhibition","content":"#### 23 Re-exhibition\n\n23 Re-exhibition\n\n> > (1) The regulations may specify the circumstances in which a plan or other matter is required or not required to be re-exhibited.\n> \n> > (2) Re-exhibition is not required if the environmental impact of the development has been reduced or not increased.","sortOrder":508},{"sectionNumber":"24","sectionType":"section","heading":"Regulations relating to community consultation by applicants for planning approvals","content":"#### 24 Regulations relating to community consultation by applicants for planning approvals\n\n24 Regulations relating to community consultation by applicants for planning approvals\n\n> The regulations may require applicants for development consent or other approvals under this Act (or for the modification of any such consent or approval) to undertake community consultation in relation to their applications.","sortOrder":509},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to planning bodies","content":"# Schedule 2 Provisions relating to planning bodies\n\nSchedule 2 Provisions relating to planning bodies\n\n(Sections 2.3, 2.11, 2.12, 2.16, 2.20)\n\n**sch 2:** Ins 2017 No 60, Sch 2.1 \\[3\\]. Am 2018 No 20, Sch 3.3 \\[6\\]; 2018 No 25, Schs 2.7, 4 \\[50\\]; 2018 (469), cl 3 (1) (2); 2018 No 66, Sch 1 \\[14\\] \\[15\\]; 2019 (74), cl 3; 2019 No 1, Sch 2.12 \\[2\\]; 2020 No 30, Sch 4.17; 2022 No 5, Sch 1.8\\[2\\]–\\[5\\]; 2022 No 8, Sch 4.1\\[14\\]; 2025 No 24, Sch 1\\[43\\] \\[44\\]; 2025 No 71, Sch 1\\[156\\] \\[161\\] \\[170\\] \\[178\\] \\[179\\] \\[184\\] \\[186\\].","sortOrder":510},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Local planning panels for 2 or more areas—constitution","content":"# Part 3A Local planning panels for 2 or more areas—constitution\n\nPart 3A Local planning panels for 2 or more areas—constitution","sortOrder":524},{"sectionNumber":"10A","sectionType":"section","heading":"Constitution of local planning panels for 2 or more areas","content":"#### 10A Constitution of local planning panels for 2 or more areas\n\n10A Constitution of local planning panels for 2 or more areas\n\n> Note—\n> \n> At the commencement of this clause, no local planning panels for 2 or more areas are constituted.","sortOrder":525},{"sectionNumber":"25","sectionType":"section","heading":"Meetings","content":"#### 25 Meetings\n\n25 Meetings\n\n(cf previous cl 268H of EPA Reg)\n\n> > (1) The Independent Planning Commission may conduct its meetings in public, and is required to do so for the conduct of any business that is required by the Minister to be conducted in public.\n> \n> > (2) A planning body (other than the Independent Planning Commission) is required to conduct its meetings in public.\n> \n> > (3) A planning body is required to record meetings conducted in public (whether an audio/video record, an audio record or a transcription record). The record is required to be made publicly available on the website of or used by the planning body.\n> \n> > (4) A planning body may carry out any of the planning body’s business at a meeting held wholly or partly by audio link, audio visual link or other electronic means, but only if a member who speaks on a matter before the meeting or the part of the meeting can be heard by the other members.\n> \n> > (5) A meeting, or a part of a meeting, held in accordance with subclause (4) is taken to be conducted in public if—\n> > \n> > > (a) the meeting, or the part of the meeting, is recorded, and\n> > \n> > > (b) the record of the meeting or part is made publicly available as required under subclause (3).\n> \n> > (6) The regulations may provide that a prescribed planning body is exempt from the requirements of this clause.\n> \n> > (7) However, a planning body prescribed under subclause (6) must, within 14 days after a meeting at which the body considers proposed development that includes residential accommodation, make the minutes of the meeting, including a record of all decisions made and written reasons for the decisions, publicly available.","sortOrder":543},{"sectionNumber":"26","sectionType":"section","heading":"Transaction of business outside meetings","content":"#### 26 Transaction of business outside meetings\n\n26 Transaction of business outside meetings\n\n(cf previous cl 268I of EPA Reg)\n\n> > (1) A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body.\n> \n> > (2) For the purposes of the approval of a resolution under this clause, the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body.\n> \n> > (3) A resolution approved under this clause is to be recorded in the minutes of the meetings of the planning body and is to be made publicly available on the website of or used by the planning body.\n> \n> > (4) Papers may be circulated among the members for the purposes of this clause by electronic transmission of the information in the papers concerned.\n> \n> > (5) The regulations may provide that a prescribed planning body is exempt from the requirements of subclause (3).\n> \n> > (6) However, a planning body prescribed under subclause (5) must, within 14 days after making a resolution relating to proposed development that includes residential accommodation, make the resolution and written reasons for the resolution publicly available.","sortOrder":544},{"sectionNumber":"27","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 27 Disclosure of pecuniary interests\n\n27 Disclosure of pecuniary interests\n\n(cf previous Sch 3, cl 11; Sch 4, cl 12)\n\n> > (1) If—\n> > \n> > > (a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the planning body, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,\n> > \n> > the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the planning body.\n> \n> > (2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of—\n> > \n> > > (a) the member, or\n> > \n> > > (b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or\n> > \n> > > (c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.\n> \n> > (3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2)(b) or (c)—\n> > \n> > > (a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or\n> > \n> > > (b) just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or\n> > \n> > > (c) just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.\n> \n> > (4) A disclosure by a member at a meeting of the planning body that the member, or a spouse, de facto partner, relative, partner or employer of the member—\n> > \n> > > (a) is a member, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).\n> \n> > (5) Particulars of any disclosure made under this clause must be recorded by the planning body and that record must be open at all reasonable hours to inspection by any person on payment of the fee determined by the planning body.\n> \n> > (6) After a member has disclosed the nature of an interest in any matter, the member must not—\n> > \n> > > (a) be present during any deliberation of the planning body with respect to the matter, or\n> > \n> > > (b) take part in any decision of the planning body with respect to the matter.\n> \n> > (7) For the purposes of the making of a determination by the planning body under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during any deliberation of the planning body for the purpose of making the determination, or\n> > \n> > > (b) take part in the making by the planning body of the determination.\n> \n> > (8) A contravention of this clause does not invalidate any decision of the planning body.\n> \n> > (9) This clause extends to a council nominee of a Sydney district or regional planning panel, and the provisions of Part 2 (Duties of disclosure) of Chapter 14 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) do not apply to any such nominee when exercising functions as a member of the panel.","sortOrder":545},{"sectionNumber":"28","sectionType":"section","heading":"Code of conduct","content":"#### 28 Code of conduct\n\n28 Code of conduct\n\n> > (1) The Minister may approve a code of conduct that is applicable to members of a planning body.\n> \n> > (2) A code of conduct may relate to any conduct (whether by way of act or omission) in carrying out a member’s functions that is likely to bring the planning body or its members into disrepute.\n> \n> > (3) The Minister may authorise a planning body to vary a code of conduct in relation to the members of that planning body.","sortOrder":546},{"sectionNumber":"29","sectionType":"section","heading":"Provision of information by planning bodies","content":"#### 29 Provision of information by planning bodies\n\n29 Provision of information by planning bodies\n\n(cf previous cl 268NA of EPA Reg)\n\n> A planning body must provide the Minister with such information and reports as the Minister may, from time to time, request.","sortOrder":547},{"sectionNumber":"30","sectionType":"section","heading":"General land functions of Corporation","content":"#### 30 General land functions of Corporation\n\n30 General land functions of Corporation\n\n(cf previous s 11)\n\n> > (1) For the purposes of this Act, the Planning Ministerial Corporation may, in such manner and subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with land vested in the Corporation and grant easements or rights-of-way over that land or any part of it.\n> \n> > (2) Without affecting the generality of subclause (1), the Planning Ministerial Corporation may, in any contract for the sale of land vested in it, include conditions for or with respect to—\n> > \n> > > (a) the erection of any building on that land by the purchaser within a specified period, or\n> > \n> > > (b) conferring on the Corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a), or\n> > \n> > > (c) conferring on the Corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or requiring the purchaser to pay to the Corporation a sum determined in a specified manner where the Corporation does not exercise that option or right, or\n> > \n> > > (d) the determination of the repurchase price payable by the Corporation pursuant to a condition referred to in paragraph (b) or (c).\n> \n> > (3) A condition included in a contract of sale pursuant to subclause (2) does not merge in the transfer of title to the land, the subject of the contract of sale, on completion of the sale.\n> \n> > (4) In addition to other functions conferred or imposed on the Planning Ministerial Corporation under this or any other Act, the Corporation may, for the purposes of this Act—\n> > \n> > > (a) manage land vested in the Corporation, and\n> > \n> > > (b) cause surveys to be made and plans of surveys to be prepared in relation to land vested in the Corporation or in relation to any land proposed to be acquired by the Corporation, and\n> > \n> > > (c) demolish, or cause to be demolished, any building on land vested in the Corporation of which it has exclusive possession, and\n> > \n> > > (d) provide, or arrange, on such terms and conditions as may be agreed upon for the location or relocation of utility services within or adjoining or in the vicinity of land vested in the Corporation, and\n> > \n> > > (e) subdivide and re-subdivide land and consolidate subdivided or re-subdivided land vested in the Corporation, and\n> > \n> > > (f) set out and construct roads on land vested in the Corporation or on land of which the Corporation has exclusive possession, or on any other land with the consent of the person in whom it is vested, and\n> > \n> > > (g) erect, alter, repair and renovate buildings on and make other improvements to or otherwise develop land vested in the Corporation or any other land, with the consent of a person in whom it is vested, and\n> > \n> > > (h) cause any work to be done on or in relation to any land vested in the Corporation or any other land, with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument that applies to the land, and\n> > \n> > > (i) by notification published in the Gazette, dedicate any land vested in the Corporation as a reserve for public recreation or other public purposes and fence, plant and improve any such reserve.\n> \n> > (5) In the exercise of any function under subclause (4)(f), consultations are to be held with Transport for NSW, the relevant council and such other persons as the Minister determines.\n> \n> > (6) In relation to any land (whether vested in the Planning Ministerial Corporation or not), the Corporation may exercise any function that is necessary or convenient to be exercised in, or for any purpose of, the application of any part of a Development Fund established under Division 7.3.","sortOrder":549},{"sectionNumber":"31","sectionType":"section","heading":"Power of Corporation to acquire land etc","content":"#### 31 Power of Corporation to acquire land etc\n\n31 Power of Corporation to acquire land etc\n\n(cf previous ss 9, 10, 11, 12)\n\n> > (1) The Planning Ministerial Corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Planning Secretary by an environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) Without limiting the generality of subclause (1), the Planning Ministerial Corporation may acquire in any manner authorised by that subclause—\n> > \n> > > (a) any land to which an environmental planning instrument applies and which the Minister considers should be made available in the public interest for any purpose, or\n> > \n> > > (b) any land of which that proposed to be acquired under this clause forms part, or\n> > \n> > > (c) any land adjoining or in the vicinity of any land proposed to be acquired under this clause, or\n> > \n> > > (d) a leasehold or any other interest in land.\n> \n> > (3) The Planning Ministerial Corporation may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act and may agree to the condition of any such gift, devise or bequest.\n> \n> > (4) The rule of law against remoteness of vesting does not apply to any such condition to which the Planning Ministerial Corporation has agreed.\n> \n> > (5) If the Planning Ministerial Corporation acquires property under subclause (3), neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> > (6) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under this clause is taken to be for an authorised work and the Planning Ministerial Corporation is, in relation to that authorised work, taken to be the Constructing Authority. Sections 34, 35, 36 and 37 of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed by the Planning Ministerial Corporation.","sortOrder":550},{"sectionNumber":"32","sectionType":"section","heading":"Notification of interests","content":"#### 32 Notification of interests\n\n32 Notification of interests\n\n(cf previous s 12)\n\n> > (1) The Registrar-General must, at the request of the Planning Ministerial Corporation made in a manner approved by the Registrar-General and on payment of the fee prescribed under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), make, in the Register kept under that Act, a recording appropriate to signify—\n> > \n> > > (a) that land specified in the request is held subject to a condition authorised under clause 30, or\n> > \n> > > (b) that a recording made pursuant to paragraph (a) has ceased to have effect.\n> \n> > (2) The Planning Ministerial Corporation is not to make a request pursuant to subclause (1)(a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not to be concerned to inquire whether any such request has been made for that purpose.\n> \n> > (3) Where a recording pursuant to subclause (1)(a) has been made in respect of any land, the Registrar-General must not register under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) a transfer of that land to or by a person other than the Planning Ministerial Corporation unless it would be so registrable if this Schedule had not been enacted and unless—\n> > \n> > > (a) a recording pursuant to subclause (1)(b) has been made in respect of the land, or\n> > \n> > > (b) the consent of the Corporation to the transfer has been endorsed on the transfer.\n> \n> > (4) When a recording is made pursuant to subclause (1) in respect of any land, the Planning Secretary must notify the council in whose area the land is situated of the recording.","sortOrder":551},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"NSW planning portal and online delivery of planning services and information","content":"# Schedule 3 NSW planning portal and online delivery of planning services and information\n\nSchedule 3 NSW planning portal and online delivery of planning services and information\n\n**sch 3:** Ins 2017 No 60, Sch 2.1 \\[4\\]. Am 2018 No 25, Sch 4 \\[5\\].","sortOrder":552},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n**sch 4 (previously Sch 5A):** Renumbered 2017 No 60, Sch 10.2 \\[5\\]. Am 2018 (593), cl 3; 2020 (518), cl 3; 2020 (640), cl 3; 2021 (264), cl 3; 2022 (104), sec 3; 2022 (124), sec 3; 2022 (428), sec 3. Subst 2023 No 10, Sch 1\\[11\\]. Am 2023 No 52, Sch 1\\[19\\]; 2024 No 28, Sch 1\\[1\\].","sortOrder":556},{"sectionNumber":"Schedule 4B","sectionType":"schedule","heading":null,"content":"# Schedule 4B\n\nSchedule 4B (Repealed)\n\n**sch 4B:** Rep 2018 No 25, Sch 4 \\[51\\].","sortOrder":568},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Development control orders","content":"# Schedule 5 Development control orders\n\nSchedule 5 Development control orders\n\n**sch 5:** Ins 2017 No 60, Sch 9.1 \\[3\\]. Am 2016 No 20, Sch 4.1 \\[7\\] \\[8\\] \\[11\\]–\\[13\\]; 2018 No 25, Sch 4 \\[52\\]–\\[54\\]; 2018 (500), Sch 1 \\[2\\]; 2025 No 71, Sch 1\\[189\\]–\\[191\\].","sortOrder":569},{"sectionNumber":"Part 11","sectionType":"part","heading":"Effect of orders and compliance with orders","content":"# Part 11 Effect of orders and compliance with orders\n\nPart 11 Effect of orders and compliance with orders","sortOrder":605},{"sectionNumber":"33","sectionType":"section","heading":"Failure to comply with order—carrying out of work by consent authority","content":"#### 33 Failure to comply with order—carrying out of work by consent authority\n\n33 Failure to comply with order—carrying out of work by consent authority\n\n(cf previous s 121ZJ(1)(10–(12))\n\n> > (1) A relevant enforcement authority that gives a development control order may do all such things as are necessary or convenient to give effect to the terms of the order (including the carrying out of any work required by the order) if the person to whom the order was given fails to comply with the terms of the order.\n> \n> > (2) The relevant enforcement authority may exercise the relevant authority’s functions under this clause irrespective of whether the person required to comply with the order has been prosecuted for an offence against this Act.\n> \n> > (3) In any proceedings before the Land and Environment Court that are brought by a relevant enforcement authority that gave a development control order to a person as a result of the person’s failure to comply with the order, the Court may, at any stage of the proceedings, order the relevant enforcement authority to exercise the authority’s functions under this clause. Having made such an order, the Court may continue to hear and determine the proceedings or may dismiss the proceedings.\n> \n> > (4) If the Minister or the Planning Secretary gave the development control order, the Minister’s or Planning Secretary’s functions under this clause may be exercised by the Planning Ministerial Corporation.","sortOrder":613},{"sectionNumber":"34","sectionType":"section","heading":"Recovery of expenses by relevant enforcement authority for carrying out work","content":"#### 34 Recovery of expenses by relevant enforcement authority for carrying out work\n\n34 Recovery of expenses by relevant enforcement authority for carrying out work\n\n(cf previous s 121ZJ(7))\n\n> > (1) If a relevant enforcement authority takes action under clause 33 to give effect to a development control order by demolishing a building, the authority may remove any materials concerned.\n> \n> > (2) The relevant enforcement authority may sell those materials but only if the relevant authority’s expenses in giving effect to the terms of the development control order are not paid to the authority within 14 days after removal of the materials.\n> \n> > (3) If the proceeds of such a sale exceed the expenses incurred by the relevant enforcement authority in relation to the demolition and the sale, the relevant authority—\n> > \n> > > (a) may deduct out of the proceeds of the sale an amount equal to those expenses, and\n> > \n> > > (b) must pay the surplus to the owner on demand.\n> \n> > (4) If the proceeds of sale do not exceed those expenses, the relevant enforcement authority—\n> > \n> > > (a) may retain the proceeds, and\n> > \n> > > (b) may recover the deficiency (if any) together with the authority’s costs of recovery from the owner as a debt.\n> \n> > (5) Materials removed that are not saleable may be destroyed or otherwise disposed of.\n> \n> > (6) A relevant enforcement authority that carries out work under clause 33 in relation to development for which an amount of security has been provided to the authority—\n> > \n> > > (a) may be recompensed for the work from the security if the security is more than the costs of carrying out the work, and\n> > \n> > > (b) must pay any surplus remaining to the person entitled to it on demand.\n> \n> > (7) Any expenses incurred under this clause by a relevant enforcement authority that gave a development control order, together with all associated costs, may be recovered by the authority in any court of competent jurisdiction as a debt due to the authority by the person required to comply with the order.\n> \n> > (8) The expenses are to be reduced by the amount of any proceeds of any sale under this clause or the amount of any security provided in respect of development to which the order relates.\n> \n> > (9) Nothing in this clause affects the owner’s right to recover any amount from any lessee or other person liable for the expenses concerned.\n> \n> > (10) The recovery of costs and expenses by a relevant enforcement authority under this clause does not include the costs and expenses of court proceedings, but nothing in this clause prevents the authority from receiving costs as between party and party in respect of those proceedings.","sortOrder":614},{"sectionNumber":"35","sectionType":"section","heading":"Enforcement of orders by cessation of utilities","content":"#### 35 Enforcement of orders by cessation of utilities\n\n35 Enforcement of orders by cessation of utilities\n\n(cf previous s 121ZS)\n\n> > (1) This clause applies in relation to a failure to comply with any of the following development control orders—\n> > \n> > > (a) a brothel closure order,\n> > \n> > > (b) a stop use order in respect of such classes of residential, tourist or other development as are prescribed by the regulations.\n> \n> > (2) In this clause, the Court means the Land and Environment Court and, in relation to a brothel closure order, includes the Local Court.\n> \n> > (3) If a person fails to comply with a development control order to which this clause applies, the Court may, on the application of the person who gave the order, make an order (a utilities order) directing that a provider of water, electricity or gas to the premises concerned cease to provide those services.\n> \n> > (4) A utilities order is not to be made in respect of a failure to comply with a development control order that is a stop use order unless the Court is satisfied that the failure has caused or is likely to cause a significant adverse impact on health, safety or public amenity.\n> \n> > (5) A utilities order may apply to the whole or part of the premises.\n> \n> > (6) A utilities order ceases to have effect on the date specified in the utilities order, or 3 months after the order is made, whichever occurs first.\n> \n> > (7) An application for a utilities order must not be made unless not less than 7 days notice of the proposed application is given to the following persons—\n> > \n> > > (a) any person to whom the development control order was given,\n> > \n> > > (b) any provider of water, electricity or gas to the premises who is affected by the application,\n> > \n> > > (c) any owner or occupier of the premises.\n> \n> > (8) An owner or occupier of premises, or a provider of water, electricity or gas to premises, who is affected by an application for a utilities order is entitled to be heard and represented in proceedings for the order.\n> \n> > (9) In determining whether to make a utilities order, the Court is to take into consideration the following matters—\n> > \n> > > (a) the effects of the failure to comply with the development control order,\n> > \n> > > (b) the uses of the premises,\n> > \n> > > (c) the impact of the order on the owner, occupier or other users of the premises,\n> > \n> > > (d) whether health, safety or public amenity will be adversely affected by the order,\n> > \n> > > (e) any other matter the Court thinks appropriate.\n> \n> > (10) A utilities order must not be made for premises, or any part of premises, used for residential purposes unless the regulations authorise the making of a utilities order.\n> \n> > (11) A provider of water, electricity or gas must comply with a utilities order, despite any other law or agreement or arrangement applying to the provision of water, electricity or gas to the premises, or part of the premises, concerned.\n> \n> > (12) No compensation is payable to any person for any damage or other loss suffered by that person because of the making or operation of a utilities order or this clause.\n> \n> > (13) A provider of water, electricity or gas must not, during a period that a utilities order is in force in relation to premises, or part of premises, require payment for the provision of water, electricity or gas services to the premises or part of the premises (other than services related to the implementation of the order).\n> \n> > (14) The Court may make a utilities order when it determines an appeal against a development control order, if subclauses (7) and (8) have been complied with.","sortOrder":615},{"sectionNumber":"36","sectionType":"section","heading":"Special provision relating to tourist parks, residential parks and camping grounds","content":"#### 36 Special provision relating to tourist parks, residential parks and camping grounds\n\n36 Special provision relating to tourist parks, residential parks and camping grounds\n\n> Any order that may be given to a person under this Schedule to do or refrain from doing a thing in relation to a premises or building in a tourist park, residential park or camping ground may also be given to a person apparently in charge of or managing the tourist park, residential park or camping ground who has authority to do or refrain from doing the thing.","sortOrder":616},{"sectionNumber":"Part 12","sectionType":"part","heading":"Compliance cost notices","content":"# Part 12 Compliance cost notices\n\nPart 12 Compliance cost notices","sortOrder":617},{"sectionNumber":"37","sectionType":"section","heading":"Compliance cost notices","content":"#### 37 Compliance cost notices\n\n37 Compliance cost notices\n\n(cf previous s 121CA)\n\n> > (1) A relevant enforcement authority that gives a development control order to a person may also serve a compliance cost notice on the person.\n> \n> > (2) A compliance cost notice is a notice in writing requiring the person on whom it is served to pay all or any reasonable costs and expenses incurred by the relevant enforcement authority in connection with—\n> > \n> > > (a) monitoring action under the development control order, and\n> > \n> > > (b) ensuring that the development control order is complied with, and\n> > \n> > > (c) any costs or expenses relating to an investigation that leads to the giving of the development control order, and\n> > \n> > > (d) any costs or expenses relating to the preparation or serving of the notice of the intention to give the development control order, and\n> > \n> > > (e) any other matters associated with the development control order.\n> \n> > (3) A compliance cost notice is to specify the amount required to be paid and a reasonable period within which the amount is to be paid or, if the regulations prescribe the period to be allowed for payment, that period.\n> \n> > (4) The relevant enforcement authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.\n> \n> > (5) If the person on whom a compliance cost notice is served complies with the notice but was not the person who was responsible for the situation giving rise to the issue of the notice, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who was responsible.\n> \n> > (6) The regulations may make provision for or with respect to the following—\n> > \n> > > (a) the issue of compliance cost notices,\n> > \n> > > (b) the form of compliance cost notices,\n> > \n> > > (c) limiting the amounts that may be required to be paid under compliance cost notices or the matters in respect of which costs and expenses may be required to be paid under those notices.","sortOrder":618},{"sectionNumber":"Part 13","sectionType":"part","heading":"Miscellaneous","content":"# Part 13 Miscellaneous\n\nPart 13 Miscellaneous","sortOrder":619},{"sectionNumber":"38","sectionType":"section","heading":"Combined orders","content":"#### 38 Combined orders\n\n38 Combined orders\n\n(cf previous s 121T)\n\n> A person who gives a development control order may include 2 or more orders in the same instrument.","sortOrder":620},{"sectionNumber":"39","sectionType":"section","heading":"Orders may be given to 2 or more persons jointly","content":"#### 39 Orders may be given to 2 or more persons jointly\n\n39 Orders may be given to 2 or more persons jointly\n\n(cf previous s 121V)\n\n> If appropriate in the circumstances of the case, a development control order may direct 2 or more people to do the thing specified in the order jointly.","sortOrder":621},{"sectionNumber":"40","sectionType":"section","heading":"Notice in respect of land or building owned or occupied by more than one person","content":"#### 40 Notice in respect of land or building owned or occupied by more than one person\n\n40 Notice in respect of land or building owned or occupied by more than one person\n\n(cf previous s 121W)\n\n> > (1) If land, including land on which a building is erected, is owned or occupied by more than one person—\n> > \n> > > (a) a development control order in respect of the land or building is not invalid merely because it was not given to all of those owners or occupiers, and\n> > \n> > > (b) any of those owners or occupiers may comply with such a development control order without affecting the liability of the other owners or occupiers to pay for or contribute towards the cost of complying with the order.\n> \n> > (2) Nothing in this Part affects the right of an owner or occupier to recover from any other person all or any of the expenses incurred by the owner or occupier in complying with such a development control order.","sortOrder":622},{"sectionNumber":"41","sectionType":"section","heading":"Application of Local Government Act 1993 certificate provision","content":"#### 41 Application of Local Government Act 1993 certificate provision\n\n41 Application of [Local Government Act 1993](/view/html/inforce/current/act-1993-030) certificate provision\n\n> Section 735A of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) applies to orders and notices under this Schedule in the same way as it applies to notices under that Act.","sortOrder":623},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Liability in respect of contaminated land","content":"# Schedule 6 Liability in respect of contaminated land\n\nSchedule 6 Liability in respect of contaminated land\n\n**sch 6 (previously pt 7A):** Renumbered 2017 No 60, Sch 10.2 \\[1\\]. Am 2018 No 63, Sch 3.3\\[16\\].","sortOrder":624},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Paper subdivisions","content":"# Schedule 7 Paper subdivisions\n\nSchedule 7 Paper subdivisions\n\n**sch 7 (previously Sch 5):** Renumbered 2017 No 60, Sch 10.2 \\[4\\]. Am 2018 No 25, Sch 4 \\[55\\].","sortOrder":628},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Special provisions","content":"# Schedule 8 Special provisions\n\nSchedule 8 Special provisions\n\n**sch 8 (previously Sch 7):** Renumbered 2017 No 60, Sch 10.2 \\[8\\]. Am 1979 No 203, Sch 8, cl 12; 2020 No 40, Sch 6; 2024 No 28, Sch 1\\[2\\]; 2024 No 53, Sch 4.1; 2024 No 72, Sch 1\\[7\\]; 2024 No 76, Sch 5.1 (am 2025 No 73, Sch 3.1); 2024 No 91, Sch 1\\[2\\]; 2025 No 24, Sch 1\\[8\\].","sortOrder":649},{"sectionNumber":"1A","sectionType":"section","heading":"Removal of certain conditions of development consents","content":"#### 1A Removal of certain conditions of development consents\n\n1A Removal of certain conditions of development consents\n\n> > (1) A condition of a development consent for licensed premises that provides for the following ceases to have effect on the commencement of this subclause—\n> > \n> > > (a) the type of music that may be played on the licensed premises, including, for example—\n> > > \n> > > > (i) the genre of music that may be played, and\n> > > \n> > > > (ii) whether the music played must be original music or a cover of original music,\n> > \n> > > (b) the number and type of instruments that may be played on the licensed premises,\n> > \n> > > (c) the number of musicians that may perform on the licensed premises,\n> > \n> > > (d) whether dancing occurs,\n> > \n> > > (e) the presence or use of a dance floor or another area ordinarily used for dancing,\n> > \n> > > (f) the direction in which a stage for players or performers faces,\n> > \n> > > (g) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.\n> \n> > (2) If a condition of a development consent requires compliance with a plan of management and the plan of management includes a provision or requirement that provides for any of the matters referred to in subclause (1)(a)–(g) or (4), the provision or requirement of the plan of management ceases to have effect on the commencement of this subclause.\n> \n> > (3) Subclause (1)(g) does not apply in relation to lighting used by players or performers if the licensed premises are on land to which the Dark Sky Planning Guideline applies under the regulations.\n> \n> > (4) A condition of a development consent for licensed premises to which a hotel licence, club licence or small bar licence relates under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) that prohibits live entertainment, including live music, ceases to have effect on the commencement of this subclause.\n> > \n> > Examples of conditions that prohibit live entertainment—\n> > \n> > > • a condition of a development consent that prohibits live music or live entertainment in its entirety\n> > \n> > > • a condition of a development consent that prohibits live music or live entertainment after a specified time\n> \n> > (5) Subclauses (1) and (2) do not apply to the following conditions—\n> > \n> > > (a) a condition of a development consent to carry out State significant development,\n> > \n> > > (b) a condition of a complying development consent,\n> > \n> > > (c) a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3.\n> \n> > (6) Subclause (4) does not apply to the following conditions—\n> > \n> > > (a) a condition of a complying development consent,\n> > \n> > > (b) a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3.","sortOrder":652},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Six Cities Region and its cities","content":"# Schedule 9 Six Cities Region and its cities\n\nSchedule 9 Six Cities Region and its cities\n\nsection 1.4, definition of “Six Cities Region”\n\n**sch 9:** Ins 2023 No 52, Sch 1\\[20\\].","sortOrder":668},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Sea bed petroleum and minerals development","content":"# Schedule 10 Sea bed petroleum and minerals development\n\nSchedule 10 Sea bed petroleum and minerals development\n\n**sch 10:** Ins 2024 No 12, Sch 1.","sortOrder":676}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its 1979 focus on basic environmental planning, assessment, and objects in former s.5. Major expansions (especially via 2017 No 60) added detailed regimes for strategic planning (Part 3), community participation (Div 2.6), building/subdivision certification (Part 6), infrastructure contributions (Part 7), state significant development/infrastructure (Divs 4.7 & 5.2), and administration via panels/authorities (Part 2). Later amendments (e.g. 2023 No 52 on Six Cities Region; 2025 No 71 on Housing Delivery Authority and targeted assessment) further broadened scope to housing supply, climate resilience, and risk-based approaches, shifting from purely regulatory to integrated economic/productivity tools."},"complexity_factors":["47+ defined terms in s.1.4 (including 'development', 'environment', 'development standards')","Nested conditional logic across development categories (exempt, complying, designated, integrated, state significant, targeted assessment)","Heavy cross-referencing to other Acts (e.g. Local Government Act 1993, Biodiversity Conservation Act 2016, Building and Development Certifiers Act 2018, Protection of the Environment Operations Act 1997)","Multiple layers of instruments (SEPPs, LEPs, DCPs, strategic plans, contributions plans) with standardisation rules in s.3.20","Renumbering and insertion of new divisions (e.g. 2017 No 60 changes; 2025 amendments to objects and administration)","Exceptions to exceptions (e.g. in Part 4 consent pathways, Part 5 environmental assessment, post-consent lapsing/modification rules)"],"plain_english_summary":"**The Environmental Planning and Assessment Act 1979** is New South Wales' core law for managing land use, development, and the environment. It creates a system where:\n\n- **Planning documents** (like state policies, regional and district strategies, local plans, and development controls) guide what can be built where, balancing growth, housing, productivity, heritage, and environmental protection (including climate resilience and biodiversity).\n- **Development assessment** requires approvals for most building, subdivision, or land-use changes. Simple 'exempt' or 'complying' projects need less scrutiny; complex, designated, or state-significant ones require detailed environmental impact statements, public input, and higher-level decisions.\n- **Community participation** is mandatory via plans that set how the public is notified, consulted, and given reasons for decisions.\n- **Building and subdivision rules** ensure safe construction through certificates for construction, occupation, and subdivision.\n- **Infrastructure contributions** let authorities require developers to fund or provide amenities, affordable housing, or regional needs.\n- **Enforcement** uses orders, audits, and penalties to ensure compliance.\n\nIt affects **everyone**: homeowners doing renovations, developers proposing projects, councils assessing applications, government agencies, and the public whose input shapes outcomes. It matters because it aims to deliver **sustainable development** — integrating economic, social, and environmental goals — while preventing unchecked sprawl, protecting threatened species/habitats, promoting affordable housing and good design, and giving communities a voice. Without it, NSW would lack coordinated rules for a growing population, risking environmental harm and chaotic urban growth."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-planning-and-assessment-act-1979","history":"/api/acts/environmental-planning-and-assessment-act-1979/history","analysis":"/api/acts/environmental-planning-and-assessment-act-1979/analysis","conflicts":"/api/acts/environmental-planning-and-assessment-act-1979/conflicts","importantCases":"/api/acts/environmental-planning-and-assessment-act-1979/important-cases","documents":"/api/acts/environmental-planning-and-assessment-act-1979/documents"}}