{"id":"nsw:sl-2021-0759","name":"Environmental Planning and Assessment Regulation 2021","slug":"environmental-planning-and-assessment-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"759 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176358,"registerId":"nsw-nsw:sl-2021-0759-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Regulation commences on 1 March 2022, except as provided by subsections (2) and (3), and is required to be published on the NSW legislation website.\n> > \n> > Note—\n> > \n> > This Regulation replaces the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), which is repealed on 1 March 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).\n> \n> > (2) Schedule 8 commences on 1 July 2022.\n> \n> > (3) Schedule 9 commences on 1 January 2022, immediately before the commencement of the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> **s 2:** Am 2022 (40), Sch 1\\[1\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) The Dictionary in Schedule 7 defines words used in this Regulation.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Words used in this Regulation have the same meaning as in the Standard Instrument, unless otherwise defined in this Regulation.\n> \n> > (3) For the purposes of the Act, section 1.4(1), definition of public authority, paragraph (g), the persons specified in Schedule 1 of this Regulation are prescribed.\n> \n> > (4) For the purposes of the Act, section 1.4(1), definition of work, the deposit of material on a beach or land in a beach fluctuation zone, within the meaning of the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020), is specified to be a work.\n> \n> > (5) For the purposes of the Act, section 1.5, definition of development, the demolition of a temporary structure is not development.\n> \n> > (6) In this Regulation, a reference to the consent authority’s website means—\n> > \n> > > (a) if the consent authority is a council, a local planning panel or a Sydney district or regional planning panel—the website of the council or councils of the area in which the development will be carried out, or\n> > \n> > > (b) if the consent authority is the Minister, the Independent Planning Commission or a public authority—the NSW planning portal.\n> \n> > (7) In this Regulation, a reference to the use of on-site fossil fuels does not include a reference to the use of back-up electricity generators.\n> \n> **s 3:** Am 2022 (520), Sch 2\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Building Code of Australia","content":"#### 4 Building Code of Australia\n\n4 Building Code of Australia\n\n> > (1) For the purposes of the Act, section 1.4(1), definition of Building Code of Australia, Volumes 1 and 2 of the National Construction Code, referred to as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time, are prescribed.\n> \n> > (2) All amendments and variations of the Building Code of Australia that are from time to time made or approved by the Australian Building Codes Board in relation to New South Wales are prescribed.\n> \n> > (3) An amendment or variation comes into effect on the date specified by the Australian Building Codes Board for New South Wales.\n> \n> > (4) (Repealed)\n> \n> **s 4:** Am 2023 (71), Sch 1.3\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Abbreviations for building materials","content":"#### 5 Abbreviations for building materials\n\n5 Abbreviations for building materials\n\n> The abbreviations for building materials specified in the following Table must be used in a development application or application for a complying development certificate—\n> \n> | Walls | Code | Roof | Code | Floor | Code | Frame | Code |\n> | Brick (double) | 11 | Tiles | 10 | Concrete or slate | 20 | Timber | 40 |\n> | Brick (veneer) | 12 | Concrete or slate | 20 | Timber | 40 | Steel | 60 |\n> | Concrete or stone | 20 | Fibre cement | 30 | Other | 80 | Aluminium | 70 |\n> | Fibre cement | 30 | Steel | 60 | Not specified | 90 | Other | 80 |\n> | Timber | 40 | Aluminium | 70 |  |  | Not specified | 90 |\n> | Curtain glass | 50 | Other | 80 |  |  |  |  |\n> | Steel | 60 | Not specified | 90 |  |  |  |  |\n> | Aluminium | 70 |  |  |  |  |  |  |\n> | Other | 80 |  |  |  |  |  |  |\n> | Not specified | 90 |  |  |  |  |  |  |","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Estimated development cost","content":"#### 6 Estimated development cost\n\n6 Estimated development cost\n\n> > (1) In this regulation, the estimated development cost, of proposed development, means the estimated cost of carrying out the development, including the following—\n> > \n> > > (a) the design and erection of a building and associated infrastructure,\n> > \n> > > (b) the carrying out of a work,\n> > \n> > > (c) the demolition of a building or work,\n> > \n> > > (d) fixed or mobile plant and equipment.\n> \n> > (2) The estimated development cost does not include the following—\n> > \n> > > (a) amounts payable, or the cost of land dedicated or other benefit provided, under a condition imposed under the Act, Division 7.1 or 7.2 or a planning agreement,\n> > \n> > > (b) costs relating to a part of the development that is the subject of a separate development consent or approval,\n> > \n> > > (c) land costs, including costs of marketing and selling land,\n> > \n> > > (d) costs of the ongoing maintenance or use of the development,\n> > \n> > > (e) GST.\n> \n> **s 6:** Subst 2023 (512), Sch 1\\[1\\].","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Determination of BASIX development cost","content":"#### 6A Determination of BASIX development cost\n\n6A Determination of BASIX development cost\n\n> > (1) This section applies if a consent authority or certifier is required to determine whether development involving an alteration of a BASIX building is BASIX development.\n> \n> > (2) The consent authority or certifier must use the estimated development cost, including the cost of any part of the development that is BASIX excluded development, that is specified in the development application or application for a complying development certificate, unless, in the consent authority’s or certifier’s opinion, the specified estimated development cost is not genuine or accurate.\n> \n> **s 6A:** Ins 2023 (512), Sch 1\\[1\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Designated development—the Act, s 4.10","content":"#### 7 Designated development—the Act, s 4.10\n\n7 Designated development—the Act, s 4.10\n\n> > (1) Development described in Schedule 3, Part 2 is declared to be designated development unless it is not designated development under Schedule 3, Part 3.\n> \n> > (2) If Schedule 3 is amended after a development application is made—\n> > \n> > > (a) Schedule 3, as in force when the development application was made, continues to apply to the development application, and\n> > \n> > > (b) the development application is not affected by the amendment.\n> \n> > (3) A reference in subsection (2) to Schedule 3 includes a reference to the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), Schedule 3.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Planning instruments","content":"# Part 2 Planning instruments\n\nPart 2 Planning instruments","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Local environmental plans","content":"## Division 1 Local environmental plans\n\nDivision 1 Local environmental plans","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Concurrence of public authorities for proposed reservation of land—the Act, s 3.37(e)","content":"#### 8 Concurrence of public authorities for proposed reservation of land—the Act, s 3.37(e)\n\n8 Concurrence of public authorities for proposed reservation of land—the Act, s 3.37(e)\n\n> > (1) A planning proposal for a proposed local environmental plan must not contain a proposed reservation of land for a purpose referred to in the Act, section 3.14(1)(c) without the concurrence of the relevant authority in relation to the reservation of the land for that purpose.\n> \n> > (2) In this section—\n> > \n> > relevant authority means an authority that will be specified in the proposed local environmental plan as the relevant authority to acquire the land for the purposes of the Act, section 3.15.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Notification of refusal to prepare planning proposal","content":"#### 9 Notification of refusal to prepare planning proposal\n\n9 Notification of refusal to prepare planning proposal\n\n> If a council refuses a request made to the council by a person for the preparation of a planning proposal under the Act, section 3.33, the council must, as soon as practicable, give the person written notice of the refusal.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Fee payable for costs and expenses of studies by planning proposal authority—the Act, s 3.32(3)","content":"#### 10 Fee payable for costs and expenses of studies by planning proposal authority—the Act, s 3.32(3)\n\n10 Fee payable for costs and expenses of studies by planning proposal authority—the Act, s 3.32(3)\n\n> > (1) A planning proposal authority may enter into an agreement or arrangement with a person who requests the preparation of a planning proposal for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal.\n> \n> > (2) The amount payable to the planning proposal authority for the costs and expenses is—\n> > \n> > > (a) if the authority is a council—the amount set out in, or calculated in accordance with, the agreement or arrangement, or\n> > \n> > > (b) otherwise—the amount, not exceeding $25,000, determined by the authority to cover the costs and expenses reasonably incurred by the authority in undertaking the studies or other matters.\n> \n> > (3) Despite subsection (2)(b), the planning proposal authority and a person who requests the preparation of a planning proposal may agree on a greater amount in a particular case.\n> \n> > (4) An amount payable by a person under this section is payable at the time specified in a written notice to the person from the planning proposal authority.\n> \n> > (5) If the planning proposal authority is the Independent Planning Commission or a Sydney district or regional planning panel, the Planning Secretary may exercise the relevant planning authority’s functions under this section.","sortOrder":13},{"sectionNumber":"10A","sectionType":"section","heading":"Planning proposal authority—the Act, section 3.32(1)(b)","content":"#### 10A Planning proposal authority—the Act, section 3.32(1)(b)\n\n10A Planning proposal authority—the Act, section 3.32(1)(b)\n\n> The Deputy Secretary of the Department is prescribed as a planning proposal authority for the purposes of the Act, Part 3.\n> \n> **s 10A:** Ins 2025 (556), Sch 1.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Planning proposal authority for Lord Howe Island","content":"#### 11 Planning proposal authority for Lord Howe Island\n\n11 Planning proposal authority for Lord Howe Island\n\n> For the purposes of the Act, section 3.32(1)(b), the Lord Howe Island Board under the [Lord Howe Island Act 1953](/view/html/inforce/current/act-1953-039) is prescribed for a proposed instrument that applies to Lord Howe Island.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Development control plans—the Act, s 3.45","content":"## Division 2 Development control plans—the Act, s 3.45\n\nDivision 2 Development control plans—the Act, s 3.45","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Form of development control plan","content":"#### 12 Form of development control plan\n\n12 Form of development control plan\n\n> > (1) A development control plan must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) describe the land to which it applies, and\n> > \n> > > (c) identify the local environmental plan or deemed environmental planning instrument that applies to the land.\n> \n> > (2) A development control plan may include supporting maps, plans, diagrams, illustrations and other materials.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Public exhibition of draft development control plans","content":"#### 13 Public exhibition of draft development control plans\n\n13 Public exhibition of draft development control plans\n\n> After a draft development control plan is prepared, the council must publish the following on its website—\n> \n> > (a) the draft development control plan,\n> \n> > (b) the relevant local environmental plan or deemed environmental planning instrument,\n> \n> > (c) the period during which submissions about the draft plan may be made to the council.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Approval of development control plans","content":"#### 14 Approval of development control plans\n\n14 Approval of development control plans\n\n> > (1) After considering any submissions about the draft development control plan that have been duly made, the council may—\n> > \n> > > (a) approve the plan in the form in which it was publicly exhibited, or\n> > \n> > > (b) approve the plan with any alterations the council considers appropriate, or\n> > \n> > > (c) decide not to proceed with the plan.\n> \n> > (2) The council must publish notice of its decision on its website within 28 days after the decision is made.\n> \n> > (3) Notice of a decision not to proceed with a development control plan must contain the council’s reasons for the decision.\n> \n> > (4) A development control plan comes into effect on—\n> > \n> > > (a) the day on which the notice of the council’s decision to approve the plan is published on its website, or\n> > \n> > > (b) a later day specified in the notice.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Approval of development control plans for residential apartment development","content":"#### 15 Approval of development control plans for residential apartment development\n\n15 Approval of development control plans for residential apartment development\n\n> > (1) The council must not approve a draft development control plan containing provisions that apply to residential apartment development unless the council—\n> > \n> > > (a) has referred the provisions that relate to design quality to a design review panel constituted for—\n> > > \n> > > > (i) the council’s local government area, or\n> > > \n> > > > (ii) 2 or more local government areas that include the council’s area, and\n> > \n> > > (b) has considered the following—\n> > > \n> > > > (i) advice received from the design review panel about the provisions,\n> > > \n> > > > (ii) the matters specified in Parts 1 and 2 of the Apartment Design Guide.\n> \n> > (2) Subsections (1)(a) and (b)(i) apply only if a design review panel has been constituted for the council’s local governmental area.\n> \n> > (3) This section extends to—\n> > \n> > > (a) a draft amending development control plan, and\n> > \n> > > (b) a draft development control plan that the council began preparing before a design review panel was constituted.\n> \n> **s 15:** Am 2023 (662), Sch 1\\[1\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Amendment or repeal of development control plan","content":"#### 16 Amendment or repeal of development control plan\n\n16 Amendment or repeal of development control plan\n\n> > (1) A council may amend a development control plan by a subsequent development control plan.\n> \n> > (2) A council may repeal a development control plan—\n> > \n> > > (a) by a subsequent development control plan, or\n> > \n> > > (b) by publishing notice of a decision to repeal the plan on its website.\n> \n> > (3) At least 14 days before repealing a development control plan under subsection (2)(b), the council must publish notice of its intention to repeal the plan, and the reasons for the repeal, on its website.\n> \n> > (4) The repeal of a development control plan under subsection (2)(b) takes effect on the day on which the notice under subsection (2)(b) is published on the council’s website.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Amendment or revocation of development control plan at Minister’s direction","content":"#### 17 Amendment or revocation of development control plan at Minister’s direction\n\n17 Amendment or revocation of development control plan at Minister’s direction\n\n> > (1) This section applies if, under the Act, section 3.46, the Minister directs a council—\n> > \n> > > (a) to amend a development control plan and the direction specifies that the amending plan is not required to be exhibited, or\n> > \n> > > (b) to revoke a development control plan.\n> \n> > (2) The council may amend or revoke the development control plan by making a subsequent development control plan.\n> \n> > (3) The council must, within 14 days after making a subsequent development control plan, publish notice of the making of the plan on its website.\n> \n> > (4) The notice must specify the following—\n> > \n> > > (a) the day on which the council made the plan,\n> > \n> > > (b) the day on which the plan takes effect under subsection (5),\n> > \n> > > (c) the name of the plan being amended or revoked,\n> > \n> > > (d) for an amendment—that the amendment is in accordance with a direction under the Act, section 3.46.\n> \n> > (5) The subsequent development control plan takes effect on the earlier of—\n> > \n> > > (a) the day on which the notice is given, or\n> > \n> > > (b) 14 days after the council makes the development control plan.\n> \n> > (6) Sections 13–16 do not apply to a development control plan made under this section.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Draft development control plans submitted by owners","content":"#### 18 Draft development control plans submitted by owners\n\n18 Draft development control plans submitted by owners\n\n> > (1) This section applies if an environmental planning instrument requires or permits a development control plan to be prepared and submitted to the relevant planning authority, as referred to in the Act, section 3.44.\n> \n> > (2) The relevant planning authority may request information from the owners of the land to which the development control plan relates that—\n> > \n> > > (a) the planning authority considers necessary for the purposes of making the development control plan, and\n> > \n> > > (b) relates to a relevant matter referred to in an environmental planning instrument.\n> \n> > (3) For the purposes of the Act, section 3.44(6), the 60-day period is extended by the number of days between—\n> > \n> > > (a) the day on which the relevant planning authority requests additional information from the owners under subsection (2), and\n> > \n> > > (b) the day on which the owners give or refuse to give the information to the relevant planning authority.\n> \n> > (4) If the owners refuse to give the information to the relevant planning authority, the development control plan is taken not to have been submitted to the relevant planning authority.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Fees for draft development control plans prepared by owners","content":"#### 19 Fees for draft development control plans prepared by owners\n\n19 Fees for draft development control plans prepared by owners\n\n> > (1) If a draft development control plan is prepared and submitted to the relevant planning authority by the owners of the land to which it applies, the owners must pay the authority an assessment fee determined by the authority.\n> \n> > (2) If a draft development control plan is prepared by the relevant planning authority at the request of the owners, the owners must pay the authority a preparation fee determined by the authority.\n> \n> > (3) The assessment fee or preparation fee must not exceed the reasonable cost to the relevant planning authority of—\n> > \n> > > (a) assessing or preparing the draft development control plan, and\n> > \n> > > (b) carrying out associated studies, and\n> > \n> > > (c) publicly exhibiting the draft plan.\n> \n> > (4) If there is more than 1 owner, the relevant planning authority must apportion the fee between the owners.\n> \n> > (5) If the Minister makes a development control plan under the Act, section 3.44(5)(b), the council must pay to the Minister any assessment or preparation fee that was paid to the council in relation to the plan, if the Minister directs.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Publication of development control plans","content":"#### 20 Publication of development control plans\n\n20 Publication of development control plans\n\n> > (1) A council must, within 28 days of making a development control plan, give a copy of the plan to the Planning Secretary.\n> \n> > (2) For the purposes of the Act, section 3.45(4)(b), a council must publish a development control plan on its website, including any document, map, plan, diagram or other material referred to in the plan.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Development control plans made by Planning Secretary","content":"#### 21 Development control plans made by Planning Secretary\n\n21 Development control plans made by Planning Secretary\n\n> This Part applies to a development control plan prepared by the Planning Secretary as the relevant planning authority under the Act, section 3.43, subject to the following modifications—\n> \n> > (a) a reference to a council is taken to be a reference to the Planning Secretary,\n> \n> > (b) a reference to a council’s website is taken to be a reference to the NSW planning portal,\n> \n> > (c) a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a State environmental planning policy.","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Development applications","content":"# Part 3 Development applications\n\nPart 3 Development applications","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Application of Part","content":"#### 22 Application of Part\n\n22 Application of Part\n\n> This Part applies to all development applications.\n> \n> Note—\n> \n> This Part does not apply to applications for complying development certificates. See the Act, section 1.4, definition of development application.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Persons who may make development applications","content":"#### 23 Persons who may make development applications\n\n23 Persons who may make development applications\n\n> > (1) A development application may be made by—\n> > \n> > > (a) the owner of the land to which the development application relates, or\n> > \n> > > (b) another person, with the written consent of the owner of the land.\n> \n> > (2) The consent of the owner of the land is not required for a development application made by a public authority or for public notification development if the applicant complies with subsections (3) and (4).\n> \n> > (3) The applicant must give notice of the application—\n> > \n> > > (a) to the owner of the land before the application is made, or\n> > \n> > > (b) by publishing, no later than 14 days after the application is made, a notice in a newspaper circulating in the area in which the development will be carried out.\n> \n> > (4) If the applicant gives notice under subsection (3)(b), the applicant must also, no later than 14 days after the application is made—\n> > \n> > > (a) if the applicant is a public authority—publish the notice on the public authority’s website, or\n> > \n> > > (b) for public notification development—arrange for the consent authority to publish the notice on the NSW planning portal.\n> \n> > (4A) The consent of the owner of the land is not required for a development application for development involving mine grouting works if the works—\n> > \n> > > (a) will be carried out at a depth of 10m or more below the surface of the land, and\n> > \n> > > (b) are ancillary to other development requiring development consent.\n> \n> > (5) A development application relating to land owned by a Local Aboriginal Land Council may be made only with the written consent of the New South Wales Aboriginal Land Council.\n> \n> > (6) A lessee of Crown land may make a development application relating to Crown land only with the consent of the Crown.\n> \n> > (7) The consent of the Crown is not required under subsection (6) for a development application for—\n> > \n> > > (a) public notification development, or\n> > \n> > > (b) other State significant development if the development application is made by a public authority.\n> \n> > (7A) The consent of the owner of the land is not required for a development application for development on land identified as “Consolidated Mountain Licence Area” or “Thredbo Alpine Resort Licence Area” on the Major Resorts Licence Area Map published by the Department from time to time.\n> \n> > (7B) Subsection (7A) applies despite [Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017](/view/html/inforce/current/sl-2018-0067), Schedule 5.\n> \n> > (8) In this section—\n> > \n> > mine grouting works includes—\n> > \n> > > (a) works to stabilise land and reduce the risk of subsidence by the injection of cementitious grouting material into underground mine workings or voids created by mining, and\n> > \n> > > (b) drilling to enable the injection of the cementitious grouting material.\n> > \n> > public authority includes an irrigation corporation, within the meaning of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), that the Minister administering that Act has, by written order, declared to have the status of a public authority for the purposes of this section in relation to development of a kind specified in the order.\n> \n> **s 23:** Am 2022 (702), Sch 1\\[1\\]–\\[3\\]; 2022 (790), sec 3.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Content of development applications","content":"#### 24 Content of development applications\n\n24 Content of development applications\n\n> > (1) A development application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain all the information and documents required by—\n> > > \n> > > > (i) the approved form, and\n> > > \n> > > > (ii) the Act or this Regulation, and\n> > > \n> > > Example—\n> > > \n> > > The Act, section 4.12(8) requires a development application for State significant development or designated development to be accompanied by an environmental impact statement.\n> > \n> > > (c) be submitted on the NSW planning portal.\n> \n> > (2) The fees payable for a development application are specified in Schedule 4 and determined in accordance with Part 13, including additional fees for integrated development, development requiring concurrence and designated development.\n> \n> > (3) A development application is lodged—\n> > \n> > > (a) on the day on which the fees payable for the development application under this Regulation are paid, or\n> > \n> > > (b) if the applicant is notified under Part 13 that no fee is required—on the day the applicant submitted the application on the NSW planning portal.\n> \n> > (4) The applicant must be notified through the NSW planning portal that the development application has been lodged.\n> \n> > (5) If the council is not the consent authority, the consent authority must give the council a copy of—\n> > \n> > > (a) the development application, and\n> > \n> > > (b) for designated development—the environmental impact statement.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Information about concurrence or approvals","content":"#### 25 Information about concurrence or approvals\n\n25 Information about concurrence or approvals\n\n> A development application must contain the following information—\n> \n> > (a) a list of the authorities —\n> > \n> > > (i) from which concurrence must be obtained before the development may lawfully be carried out, and\n> > \n> > > (ii) from which concurrence would have been required but for the Act, section 4.13(2A) or 4.41,\n> \n> > (b) a list of the approvals of the kind referred to in the Act, section 4.46(1) that must be obtained before the development may lawfully be carried out.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Information about affordable housing development","content":"#### 26 Information about affordable housing development\n\n26 Information about affordable housing development\n\n> > (1) A development application for development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 1, 2 or 5 applies must specify the name of the registered community housing provider who will manage—\n> > \n> > > (a) for development to which Division 1 applies—the affordable housing component, or\n> > \n> > > (b) for development to which Division 2 applies—the boarding house, or\n> > \n> > > (c) for development to which Division 5 applies—the dwellings used for affordable housing.\n> \n> > (2) A development application for development for the purposes of boarding houses or co-living housing must be accompanied by a copy of the plan of management.\n> \n> > (3) In this section—\n> > \n> > affordable housing component has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 21(3).\n> \n> **s 26:** Am 2022 (448), sec 3(1)–(3).","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"BASIX development","content":"#### 27 BASIX development\n\n27 BASIX development\n\n> > (1) A development application for BASIX development must be accompanied by—\n> > \n> > > (a) a relevant BASIX certificate for the development issued no earlier than 3 months before the day on which the development application is submitted on the NSW planning portal, and\n> > \n> > > (b) the other matters required by the BASIX certificate.\n> \n> > (2) If the development involves the alteration of a BASIX building that contains more than 1 dwelling, a separate BASIX certificate is required for each dwelling.\n> \n> **s 27:** Am 2023 (531), Sch 2\\[1\\].","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Development applications relating to Biodiversity Conservation Act 2016","content":"#### 28 Development applications relating to Biodiversity Conservation Act 2016\n\n28 Development applications relating to [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)\n\n> > (1) A development application for biodiversity compliant development must contain the reason the development is biodiversity compliant development.\n> \n> > (2) A development application that is accompanied by a biodiversity development assessment report under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) must contain the biodiversity credits information.\n> \n> > (3) A development application relating to land that is subject to a private land conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) must contain a description of the kind of agreement and the area to which it applies.\n> \n> > (4) In this section—\n> > \n> > biodiversity compliant development means—\n> > \n> > > (a) development to be carried out on biodiversity certified land under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or\n> > \n> > > (b) development to which the biodiversity certification conferred by the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), Schedule 7, Part 7 applies, or\n> > \n> > > (c) development for which development consent is required under a biodiversity certified EPI, within the meaning of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), Schedule 7, Part 8.\n> > \n> > Note—\n> > \n> > The [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), clause 43 provides that the repeal of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) does not affect the operation of that Act, Schedule 7, Part 7 or 8.\n> > \n> > biodiversity credits information, in relation to a development application, means the reasonable steps taken to obtain like-for-like biodiversity credits required to be retired under the biodiversity development assessment report, if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Residential apartment development","content":"#### 29 Residential apartment development\n\n29 Residential apartment development\n\n> > (1) A development application that relates to residential apartment development must be accompanied by a statement by a qualified designer.\n> \n> > (2) The statement must—\n> > \n> > > (a) verify that the qualified designer designed, or directed the design of, the development, and\n> > \n> > > (b) explain how the development addresses—\n> > > \n> > > > (i) the design principles for residential apartment development, and\n> > > \n> > > > (ii) the objectives in Parts 3 and 4 of the Apartment Design Guide.\n> \n> > (3) If the development application is accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim—\n> > \n> > > (a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—\n> > > \n> > > > (i) the building, or\n> > > \n> > > > (ii) the land on which the building is located, or\n> > \n> > > (b) to improve the thermal performance of the development, or\n> > \n> > > (c) to quantify and report on the embodied emissions attributable to the development.\n> \n> > (4) The additional fee payable for a development application for residential apartment development that is referred to a design review panel for advice is specified in Schedule 4.\n> > \n> > Note—\n> > \n> > See [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 4 in relation to referrals of development applications to design review panels.\n> \n> > (5) This section does not apply to development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 7 applies.\n> \n> **s 29:** Am 2022 (520), Sch 2\\[2\\]; 2023 (662), Sch 1\\[2\\]–\\[4\\]; 2025 (634), Sch 1\\[1\\].","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Mining or petroleum development","content":"#### 30 Mining or petroleum development\n\n30 Mining or petroleum development\n\n> > (1) This section applies to a development application that relates to mining or petroleum development on land—\n> > \n> > > (a) shown on the Strategic Agricultural Land Map, or\n> > \n> > > (b) subject to a site verification certificate.\n> \n> > (2) The development application must be accompanied by—\n> > \n> > > (a) for development on land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate that applies to the development, or\n> > \n> > > (b) for development on other land—\n> > > \n> > > > (i) a current gateway certificate that applies to the development, or\n> > > \n> > > > (ii) a site verification certificate that certifies that the land on which the development will be carried out is not biophysical strategic agricultural land.","sortOrder":37},{"sectionNumber":"30A","sectionType":"section","heading":"Infrastructure development on avoided land","content":"#### 30A Infrastructure development on avoided land\n\n30A Infrastructure development on avoided land\n\n> > (1) This section applies to a development application relating to development on avoided land that is carried out under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 4, 5, 12A, 17, 18, 20, 21, 23 or 24.\n> \n> > (2) The development application must be accompanied by a statement setting out whether the development is consistent with the Cumberland Plain Conservation Plan Guidelines, Part 2.\n> \n> > (3) This section does not apply to State significant development.\n> \n> > (4) In this section—\n> > \n> > avoided land has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 13.\n> > \n> > Cumberland Plain Conservation Plan Guidelines has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 13.\n> \n> **s 30A:** Ins 2022 (460), Sch 1\\[1\\]. Am 2022 (752), Sch 1\\[1\\].","sortOrder":38},{"sectionNumber":"30B","sectionType":"section","heading":"Council-related development applications","content":"#### 30B Council-related development applications\n\n30B Council-related development applications\n\n> A council-related development application must be accompanied by—\n> \n> > (a) a statement specifying how the council will manage conflicts of interest that may arise in connection with the application because the council is the consent authority (a management strategy), or\n> \n> > (b) a statement that the council has no management strategy for the application.\n> \n> **s 30B:** Ins 2022 (579), Sch 1\\[1\\].","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Other documents required for certain development applications","content":"#### 31 Other documents required for certain development applications\n\n31 Other documents required for certain development applications\n\n> > (1) A development application that relates to development for which consent under the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196) is required must be accompanied by a copy of the consent.\n> \n> > (2) A development application that relates to development for which a site compatibility certificate is required by a SEPP must be accompanied by the site compatibility certificate.\n> \n> > (3) A development application made under the Act, section 4.12(3) must be accompanied by the matters that would be required under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 81 if approval were sought under that Act.\n> \n> > (4), (5) (Repealed)\n> \n> **s 31:** Am 2022 (40), Sch 1\\[2\\]; 2022 (333), sec 3(1); 2022 (789), Sch 1\\[1\\]; 2023 (94), sec 3(1).","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Extract of development application for erection of building","content":"#### 32 Extract of development application for erection of building\n\n32 Extract of development application for erection of building\n\n> > (1) If a development application relates to the erection of a building, an extract of the application must be published on the NSW planning portal.\n> \n> > (2) The extract must—\n> > \n> > > (a) identify the applicant and the land to which the application relates, and\n> > \n> > > (b) contain a plan of the building that indicates the proposed height and external configuration of the site, if relevant for the development.\n> \n> > (3) This section does not apply to the following—\n> > \n> > > (a) designated development,\n> > \n> > > (b) nominated integrated development,\n> > \n> > > (c) threatened species development,\n> > \n> > > (d) Class 1 aquaculture development,\n> > \n> > > (e) State significant development.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Concept development applications","content":"#### 33 Concept development applications\n\n33 Concept development applications\n\n> > (1) The information about the various stages of development, required by this Regulation to be included in a concept development application, may be deferred to a subsequent development application, with the approval of the consent authority.\n> \n> > (2) Section 29 applies in relation to a concept development application only if the application sets out detailed proposals for the development or part of the development.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Urban development in Sydney region growth centres","content":"#### 34 Urban development in Sydney region growth centres\n\n34 Urban development in Sydney region growth centres\n\n> > (1) For the purposes of [State Environmental Planning Policy (Precincts—Central River City) 2021](/view/html/inforce/current/epi-2021-0725), Chapter 3 or [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3, the Minister may, by order published in the Gazette, declare a precinct or part of a precinct to be released for urban development.\n> \n> > (2) The Minister must arrange for a development code to be prepared that contains guidelines that, together with the relevant growth centre structure plan, will assist environmental planning in precincts released for urban development.\n> \n> > (3) The Minister must consult—\n> > \n> > > (a) relevant councils about the making of declarations, and\n> > \n> > > (b) relevant councils and the public authorities the Minister considers appropriate about the preparation of a development code.\n> \n> **s 34:** Am 2022 (40), Sch 1\\[3\\]–\\[5\\].","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Additional requirements for development applications in certain areas of Sydney","content":"#### 35 Additional requirements for development applications in certain areas of Sydney\n\n35 Additional requirements for development applications in certain areas of Sydney\n\n> > (1) A person must not apply to a consent authority for development consent to carry out development on land zoned “Employment” or “Urban” under [Sydney Regional Environmental Plan No 30—St Marys](/view/html/repealed/current/epi-2001-0016), other than development referred to in that Plan, clause 20(3) or (4) or 48, unless the Minister has declared the land, or land that includes the land, to be a release area in accordance with that Plan, clause 7.\n> \n> > (2) A person must not apply to a consent authority for development consent to carry out development on the following land unless the application is accompanied by an assessment of the consistency of the development with the relevant plan—\n> > \n> > > (a) land in the North Wilton Precinct under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3,\n> > \n> > > (b) land in the South East Wilton Precinct under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3,\n> > \n> > > (b1) land in the Wilton Town Centre Precinct under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3,\n> > \n> > > (c) declared land,\n> > \n> > > (d) land in the Mamre Road Precinct, identified as Precinct 12 on the [Land Application Map](/view/html/inforce/current/epi-2009-0413/maps) under [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 2,\n> > \n> > > (e) land in the Western Sydney Aerotropolis under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4,\n> > \n> > > (f) land in the Glenfield Precinct as identified on the [Locality and Site Identification Map](/view/html/inforce/current/epi-2015-0754/maps) under [Campbelltown Local Environmental Plan 2015](/view/html/inforce/current/epi-2015-0754),\n> > \n> > > (g) land in the Rhodes Precinct under [Canada Bay Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0389),\n> > \n> > > (h) land identified as “Macquarie Park Corridor” on the [Macquarie Park Corridor Map](/view/html/inforce/current/epi-2014-0608/maps) under [Ryde Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0608), other than land identified as “Macquarie Park Precinct”,\n> > \n> > > (i) land in the Stage 1 Bays West Precinct under [State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021](/view/html/inforce/current/epi-2021-0726), Chapter 2,\n> > \n> > > (j) land identified as “Hornsby TOD Precinct” on the [Key Sites Map](/view/html/inforce/current/epi-2013-0569/maps) under [Hornsby Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0569).\n> \n> > (3) Subsection (2)(c) applies to the following development, other than development for the purposes of a single residential dwelling, on declared land only—\n> > \n> > > (a) development with an estimated development cost of more than $500,000,\n> > \n> > > (b) development that relates to an area of land of more than 2 hectares,\n> > \n> > > (c) development that is a subdivision of land that creates 2 or more lots.\n> \n> > (4) In this section—\n> > \n> > declared land means land—\n> > \n> > > (a) in a precinct of a growth centre declared by the Minister under section 34 to be released for urban development, and\n> > \n> > > (b) to which the Growth Centres SEPP, clause 17 applies.\n> > \n> > relevant plan means the following—\n> > \n> > > (a) for land in the North Wilton Precinct—the North Wilton structure plans under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Appendix 8,\n> > \n> > > (b) for land in the South East Wilton Precinct—the South East Wilton structure plans under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Appendix 7,\n> > \n> > > (b1) for land in the Wilton Town Centre Precinct—the Wilton Town Centre structure plans under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Appendix 9,\n> > \n> > > (c) for declared land—the growth centre structure plan under [State Environmental Planning Policy (Precincts—Central River City) 2021](/view/html/inforce/current/epi-2021-0725), Chapter 3 or [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3 that applies to the land,\n> > \n> > > (d) for land in the Mamre Road Precinct—the Mamre Road Precinct Structure Plan published by the Department on the commencement of [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 13 and available on the NSW planning portal,\n> > \n> > > (e) for land in the Western Sydney Aerotropolis—the Western Sydney Aerotropolis Plan and any precinct plan that applies to the land under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4,\n> > \n> > > (f) for land in the Glenfield Precinct—the Glenfield Place Strategy and the Glenfield Precinct Structure Plan published on the Department’s website and in force from time to time,\n> > \n> > > (g) for land in the Rhodes Precinct—the Rhodes Place Strategy published on the Department’s website on 30 October 2021,\n> > \n> > > (h) for land in the Macquarie Park Corridor—the Macquarie Park Innovation Precinct Place Strategy published on the Department’s website on 30 September 2022,\n> > \n> > > (i) for land in the Stage 1 Bays West Precinct—the following, available on the NSW Planning Portal—\n> > > \n> > > > (i) the Bays West Place Strategy, as in force from time to time,\n> > > \n> > > > (ii) the Design Guide for Bays West Stage 1—White Bay Power Station (and Metro), as in force from time to time,\n> > \n> > > (j) for land identified as “Hornsby TOD Precinct”—the Hornsby Precinct Design Guide within the meaning of [Hornsby Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0569), Part 8.\n> \n> **s 35:** Am 2022 (40), Schs 1\\[6\\]–\\[12\\], 3\\[1\\]; 2022 (118), sec 3(1) (2); 2022 (460), Sch 1\\[2\\]; 2022 (702), Sch 1\\[4\\] \\[5\\]; 2022 (753), sec 3(1) (2); 2023 (512), Sch 1\\[2\\]; 2024 (588), Sch 1\\[1\\] \\[2\\]; 2024 (589), Sch 1\\[1\\] \\[2\\].","sortOrder":44},{"sectionNumber":"35A","sectionType":"section","heading":"Additional requirements for development applications in Frenchs Forest Precinct","content":"#### 35A Additional requirements for development applications in Frenchs Forest Precinct\n\n35A Additional requirements for development applications in Frenchs Forest Precinct\n\n> > (1) A person must not apply to a consent authority for development consent to carry out development on land in the Frenchs Forest Precinct unless the application is accompanied by an assessment of the consistency of the proposed development with the Frenchs Forest 2041 Place Strategy.\n> \n> > (2) A person must not make a concept development application to a consent authority for development consent to carry out development on Site F unless the application is accompanied by a study about traffic and transport that—\n> > \n> > > (a) is endorsed by Transport for NSW, and\n> > \n> > > (b) sets out the transport infrastructure and capacity that will service Site F.\n> \n> > (3) In this section—\n> > \n> > Frenchs Forest 2041 Place Strategy means the Frenchs Forest 2041 Place Strategy published on the Department’s website from time to time.\n> > \n> > Frenchs Forest Precinct has the same meaning as in [Warringah Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0649), Part 8.\n> > \n> > Site F has the same meaning as in [Warringah Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0649), Part 8.\n> \n> **s 35A:** Ins 2022 (40), Sch 3\\[2\\].","sortOrder":45},{"sectionNumber":"35B","sectionType":"section","heading":"Additional requirements for development applications involving contravention of development standards","content":"#### 35B Additional requirements for development applications involving contravention of development standards\n\n35B Additional requirements for development applications involving contravention of development standards\n\n> > (1) This section applies to a development application that proposes, in accordance with a relevant EPI provision, development that contravenes a development standard imposed by any environmental planning instrument.\n> \n> > (2) The development application must be accompanied by a document that sets out the grounds on which the applicant seeks to demonstrate that—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.\n> \n> > (3) In this section—\n> > \n> > relevant EPI provision means—\n> > \n> > > (a) clause 4.6 of a local environmental plan that adopts the provisions of the Standard Instrument, or\n> > \n> > > (b) an equivalent provision of another environmental planning instrument.\n> \n> **s 35B:** Ins 2023 (513), Sch 1\\[1\\].\n> \n> **s 35B:** Ins 2022 (520), Sch 2\\[3\\] (am 2023 (531), Sch 1\\[8\\]). Renumbered as sec 35BA, 2023 (662), Sch 1\\[5\\].","sortOrder":46},{"sectionNumber":"35BA","sectionType":"section","heading":"Embodied emissions for non-residential development under Sustainable Buildings SEPP","content":"#### 35BA Embodied emissions for non-residential development under Sustainable Buildings SEPP\n\n35BA Embodied emissions for non-residential development under Sustainable Buildings SEPP\n\n> > (1) A development application for non-residential development under [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521) must—\n> > \n> > > (a) disclose the amount of embodied emissions attributable to the development, and\n> > \n> > > (b) describe the use of low emissions construction technologies in the development.\n> \n> > (2) The amount disclosed under subsection (1)(a) must be determined using—\n> > \n> > > (a) the form published on the NSW planning portal as in force from time to time, and\n> > \n> > > (b) an itemised list of building materials for the development prepared by a quantity surveyor.\n> > > \n> > > Example—\n> > > \n> > > a bill of materials or bill of quantities\n> \n> > (3) The amount disclosed under subsection (1)(a) must be certified by—\n> > \n> > > (a) a quantity surveyor, or\n> > \n> > > (b) a qualified designer, or\n> > \n> > > (c) an engineer, or\n> > \n> > > (d) an assessor accredited under NABERS.\n> \n> **s 35BA (previously s 35B):** Renumbered 2023 (662), Sch 1\\[5\\].","sortOrder":47},{"sectionNumber":"35C","sectionType":"section","heading":"Net zero statement for non-residential development under Sustainable Buildings SEPP","content":"#### 35C Net zero statement for non-residential development under Sustainable Buildings SEPP\n\n35C Net zero statement for non-residential development under Sustainable Buildings SEPP\n\n> > (1) This section applies to a development application for the following development—\n> > \n> > > (a) large commercial development,\n> > \n> > > (b) development to which [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), section 3.4 applies.\n> \n> > (2) The development application must include evidence that the development—\n> > \n> > > (a) will not use on-site fossil fuels after the occupation and use of the development commence, or\n> > \n> > > (b) incorporates the infrastructure, or space for the infrastructure, necessary for the development to not use on-site fossil fuels after 1 January 2035.\n> > > \n> > > Note—\n> > > \n> > > Infrastructure includes plant, equipment and ventilation.\n> \n> > (3) The development application must include details of the following—\n> > \n> > > (a) any renewable energy generation and storage infrastructure forming part of the development,\n> > \n> > > (b) passive and technical design features that minimise energy consumption by users of the development.\n> \n> > (4) The development application must include the following information if available—\n> > \n> > > (a) the estimated annual energy consumption for the building in kilowatt hours per square metre of floor area,\n> > \n> > > (b) the estimated amount of emissions relating to energy use in the building, including direct and indirect emissions.\n> \n> > (5) The evidence and information required to be included in a development application under this section must be certified by a mechanical or electrical engineer.\n> \n> **s 35C:** Ins 2022 (520), Sch 2\\[3\\] (am 2023 (531), Sch 1\\[9\\] \\[10\\]).","sortOrder":48},{"sectionNumber":"35D","sectionType":"section","heading":"Energy and water use for large commercial development under Sustainable Buildings SEPP","content":"#### 35D Energy and water use for large commercial development under Sustainable Buildings SEPP\n\n35D Energy and water use for large commercial development under Sustainable Buildings SEPP\n\n> > (1) This section applies to a development application for large commercial development.\n> \n> > (2) The development application must be accompanied by a copy of a NABERS commitment agreement that demonstrates the development is capable of achieving the standards for energy and water use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3.\n> \n> > (3) The development application must identify the method under Section J of the Building Code of Australia that will be used to demonstrate the development is capable of achieving the standards for energy use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3.\n> \n> > (4) Subsection (2), to the extent it relates to energy use, and subsection (3) do not apply to large commercial development on land to which the following local environmental plans apply—\n> > \n> > > (a) [Sydney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0628),\n> > \n> > > (b) [Sydney Local Environmental Plan (Green Square Town Centre) 2013](/view/html/inforce/current/epi-2013-0541),\n> > \n> > > (c) [Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013](/view/html/inforce/current/epi-2013-0525).\n> \n> > (5) Despite subsection (4), subsections (2) and (3) apply to large commercial development to the extent that the development relates to prescribed serviced apartments.\n> \n> **s 35D:** Ins 2022 (520), Sch 2\\[3\\] (am 2023 (531), Sch 1\\[11\\] \\[12\\]).","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Consent authority may request additional information from applicant","content":"#### 36 Consent authority may request additional information from applicant\n\n36 Consent authority may request additional information from applicant\n\n> > (1) A consent authority that receives a development application may request additional information about the development from the applicant.\n> \n> > (2) A consent authority may not request additional information in relation to building work or subdivision work if the information is required to accompany an application for a construction certificate or subdivision works certificate.\n> \n> > (3) A consent authority’s request must—\n> > \n> > > (a) be made through the NSW planning portal, and\n> > \n> > > (b) specify a reasonable period within which the additional information must be given to the consent authority, and\n> > \n> > > (c) specify the number of days in the assessment period that have elapsed, and\n> > \n> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—\n> > > \n> > > > (i) the request, and\n> > > \n> > > > (ii) the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.\n> \n> > (4) The applicant may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.\n> \n> > (5) The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—\n> > \n> > > (a) the period specified under subsection (3)(b), or\n> > \n> > > (b) a further period allowed by the consent authority.\n> \n> > (6) In this section—\n> > \n> > additional information, in relation to a development application, means information the consent authority considers necessary to properly consider the development application.\n> \n> **s 36:** Am 2023 (350), Sch 1\\[1\\].","sortOrder":50},{"sectionNumber":"36A","sectionType":"section","heading":"Pattern book development","content":"#### 36A Pattern book development\n\n36A Pattern book development\n\n> > (1) This section applies to a development application for development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 7 applies.\n> \n> > (2) An application to which this section applies must contain a written statement from a qualified designer stating—\n> > \n> > > (a) which of the following types of development the application relates to—\n> > > \n> > > > (i) development for the purposes of residential flat buildings,\n> > > \n> > > > (ii) development for the purposes of shop top housing, and\n> > \n> > > (b) the mid-rise housing pattern selected for that type of development, and\n> > \n> > > (c) that the proposed development will comply with the development standards, location requirements, technical drawing set and technical information specified in that pattern.\n> \n> > (3) In this section—\n> > \n> > mid-rise housing pattern has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 181.\n> \n> **s 36A:** Ins 2023 (350), Sch 1\\[1\\].","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Amendment of development application","content":"#### 37 Amendment of development application\n\n37 Amendment of development application\n\n> > (1) An applicant may, at any time before a development application is determined, apply to the consent authority for an amendment to the development application.\n> \n> > (2) The application must be made on the NSW planning portal.\n> \n> > (3) If the application relates to State significant development—\n> > \n> > > (a) the application must be in the approved form, and\n> > \n> > > (b) the applicant must have regard to the State Significant Development Guidelines in preparing the application.\n> \n> > (4) If the amendment relates to a BASIX certificate that accompanied the original development application only, the development application may instead be amended by submitting on the NSW planning portal—\n> > \n> > > (a) a new BASIX certificate to replace the current BASIX certificate for the original development application, or\n> > \n> > > (b) if a new document is required or a document that accompanied the original development application requires amendment—the new or amended document.\n> \n> > (5) If the amendment will result in the development differing materially from the description contained in the BASIX certificate that accompanied the original development application, the application must be accompanied by a new BASIX certificate that takes account of the amendment.\n> \n> > (6) If the amendment will result in a change to the development, the application must contain details of the change, including the name, number and date of any plans that have changed, to enable the consent authority to compare the development with the development originally proposed.\n> \n> > (7) A requirement to use the NSW planning portal under this section does not apply if the development application is subject to proceedings in the Court.\n> \n> **s 37:** Am 2022 (142), Sch 1\\[1\\].","sortOrder":53},{"sectionNumber":"38","sectionType":"section","heading":"Determination of application for amendment of development application","content":"#### 38 Determination of application for amendment of development application\n\n38 Determination of application for amendment of development application\n\n> > (1) The consent authority may, through the NSW planning portal, approve or reject an application for an amendment to a development application submitted under section 37.\n> \n> > (2) If the consent authority approves the amendment, the development application is taken to be lodged on the day on which the applicant applied for the amendment if the consent authority—\n> > \n> > > (a) considers the amendment not to be minor, and\n> > \n> > > (b) notifies the applicant, through the NSW planning portal, that the later day applies.\n> \n> > (3) If the consent authority approves an amendment to a development application for integrated development or development requiring concurrence, the consent authority must, as soon as practicable after approving the amendment, give a copy of the amended development application to the approval body or concurrence authority through the NSW planning portal.\n> \n> > (4) A requirement to use the NSW planning portal under this section does not apply if the development application is subject to proceedings in the Court.\n> \n> **s 38:** Am 2023 (350), Sch 1\\[2\\].","sortOrder":54},{"sectionNumber":"39","sectionType":"section","heading":"Rejection of development applications","content":"#### 39 Rejection of development applications\n\n39 Rejection of development applications\n\n> > (1) A consent authority may reject a development application within 14 days after receiving the application if—\n> > \n> > > (a) the application is illegible or unclear about the development consent sought, or\n> > \n> > > (b) the application does not contain the information and documents that are required by—\n> > > \n> > > > (i) the approved form, or\n> > > \n> > > > (ii) the Act or this Regulation, or\n> > \n> > > (c) for an application for State significant development—the Planning Secretary considers the application incomplete for reasons given by written notice to the applicant, or\n> > \n> > > (d) for an application for integrated development—the application does not identify all of the approvals required to be obtained, as referred to in the Act, section 4.46, before the development may be carried out, or\n> > \n> > > (e) for an application required to be accompanied by a biodiversity development assessment report under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)—the application is not accompanied by a report, or\n> > \n> > > (f) for an application required to be accompanied by a species impact statement under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZW—the application is not accompanied by a statement.\n> \n> > (2) For the purposes of the Act, a development application is taken never to have been made if—\n> > \n> > > (a) the application is rejected by a consent authority under this section, and\n> > \n> > > (b) the determination to reject the application is not changed following a review.\n> \n> > (3) Immediately after rejecting a development application, the consent authority must notify, through the NSW planning portal—\n> > \n> > > (a) the applicant of the reasons for the rejection, and\n> > \n> > > (b) if the development application is for integrated development or development requiring concurrence—each relevant approval body or concurrence authority.\n> \n> > (4) Subsection (3)(b) applies only if the consent authority has already notified the approval body under section 42 or the concurrence authority under section 50.\n> \n> **s 39:** Am 2023 (350), Sch 1\\[2\\].","sortOrder":55},{"sectionNumber":"40","sectionType":"section","heading":"Withdrawal of development applications","content":"#### 40 Withdrawal of development applications\n\n40 Withdrawal of development applications\n\n> > (1) An applicant may, through the NSW planning portal, withdraw a development application at any time before the application is determined.\n> \n> > (2) An application that is withdrawn is taken never to have been made, except for the purposes of this Regulation, section 57(4) or the Act, Schedule 1.\n> \n> > (3) Immediately after a development application for integrated development or development requiring concurrence is withdrawn, the consent authority must notify, through the NSW planning portal, each relevant approval body or concurrence authority.\n> \n> > (4) Subsection (3) applies only if the consent authority has already notified the approval body under section 42 or the concurrence authority under section 50.","sortOrder":56},{"sectionNumber":"Division 3","sectionType":"division","heading":"Development applications for integrated development—the Act, ss 4.12, 4.47 and 4.64","content":"## Division 3 Development applications for integrated development—the Act, ss 4.12, 4.47 and 4.64\n\nDivision 3 Development applications for integrated development—the Act, ss 4.12, 4.47 and 4.64","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Application of Division","content":"#### 41 Application of Division\n\n41 Application of Division\n\n> > (1) This Division applies to a development application for integrated development.\n> \n> > (2) This Division ceases to apply to a development application for integrated development if the development application is rejected or withdrawn.","sortOrder":58},{"sectionNumber":"42","sectionType":"section","heading":"Consent authority to seek general terms of approval","content":"#### 42 Consent authority to seek general terms of approval\n\n42 Consent authority to seek general terms of approval\n\n> > (1) Within 14 days after a development application for integrated development is lodged, the consent authority must—\n> > \n> > > (a) give a copy of the application and all accompanying documents to each approval body whose approval is required, and\n> > \n> > > (b) give written notice to the approval body of—\n> > > \n> > > > (i) the basis on which its approval is required, and\n> > > \n> > > > (ii) the day on which the development application was lodged, and\n> > > \n> > > > (iii) if known, when the application will be publicly exhibited for the purposes of the Act.\n> \n> > (2) The consent authority is not required to comply with subsection (1) if, within 14 days after the development application is lodged—\n> > \n> > > (a) the consent authority rejects the application, or\n> > \n> > > (b) the application is withdrawn.\n> \n> > (3) Immediately after the end of the public exhibition period, the consent authority must give a copy of all submissions received during the public exhibition period to each approval body.","sortOrder":59},{"sectionNumber":"43","sectionType":"section","heading":"Approval body may request additional information from consent authority","content":"#### 43 Approval body may request additional information from consent authority\n\n43 Approval body may request additional information from consent authority\n\n> > (1) An approval body whose approval has been sought in relation to development may request additional information about the development from the consent authority.\n> \n> > (2) The approval body’s request must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) specify a reasonable period within which the additional information must be given to the approval body.\n> \n> > (3) Immediately after receiving a request for additional information from an approval body, a consent authority must request the additional information from the applicant.\n> \n> > (4) The consent authority’s request must—\n> > \n> > > (a) be made through the NSW planning portal, and\n> > \n> > > (b) specify the period within which the additional information must be given to the approval body, and\n> > \n> > > (c) specify the number of days in the assessment period that have elapsed, and\n> > \n> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—\n> > > \n> > > > (i) the request, and\n> > > \n> > > > (ii) the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.\n> \n> > (5) Immediately after receiving the additional information from the applicant, the consent authority must give the information to the approval body.\n> \n> > (6) An applicant to whom a request is made may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.\n> \n> > (7) An applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—\n> > \n> > > (a) the period specified under subsection (2)(b), or\n> > \n> > > (b) a further period allowed by the approval body.\n> \n> > (8) The consent authority must notify the approval body as soon as practicable after the applicant notifies, or is taken to have notified, the consent authority that the applicant will not provide the additional information.\n> \n> > (9) In this section—\n> > \n> > additional information, in relation to a development application, means information the approval body considers necessary to properly consider the general terms of approval.","sortOrder":60},{"sectionNumber":"44","sectionType":"section","heading":"Notice of proposed consultations about Aboriginal heritage impact under National Parks and Wildlife Act 1974","content":"#### 44 Notice of proposed consultations about Aboriginal heritage impact under National Parks and Wildlife Act 1974\n\n44 Notice of proposed consultations about Aboriginal heritage impact under [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)\n\n> > (1) If a development application relates to development that requires an Aboriginal heritage impact permit under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), the Planning Secretary must notify the consent authority that Aboriginal community consultation is required under that Act.\n> \n> > (2) Immediately after being notified by the Planning Secretary under this section, the consent authority must give notice to the applicant that—\n> > \n> > > (a) specifies the number of days in the assessment period for the development application that have elapsed, and\n> > \n> > > (b) informs the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during a period of Aboriginal community consultation required under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).","sortOrder":61},{"sectionNumber":"45","sectionType":"section","heading":"Notification of general terms of approval","content":"#### 45 Notification of general terms of approval\n\n45 Notification of general terms of approval\n\n> > (1) An approval body that receives a development application from a consent authority must give written notice to the consent authority of its decision about the general terms of approval in relation to the development application, including whether it will grant an approval—\n> > \n> > > (a) within 40 days after receiving the development application from the consent authority, or\n> > \n> > > (b) if the development must be publicly exhibited under the Act—within 21 days after—\n> > > \n> > > > (i) receiving from the consent authority the submissions made during the public exhibition period, or\n> > > \n> > > > (ii) being notified by the consent authority that no submissions were made.\n> \n> > (2) If the consent authority determines a development application by refusing to grant consent before the end of the period under subsection (1)—\n> > \n> > > (a) the consent authority must notify the approval body as soon as practicable after the determination, and\n> > \n> > > (b) this section ceases to apply to the development application.\n> \n> > (3) This section does not prevent a consent authority from considering the general terms of approval notified to the consent authority by an approval body after the end of the period under subsection (1).","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Planning Secretary may act on behalf of approval body","content":"#### 46 Planning Secretary may act on behalf of approval body\n\n46 Planning Secretary may act on behalf of approval body\n\n> > (1) The Planning Secretary is authorised to act on behalf of an approval body if—\n> > \n> > > (a) the approval body has not given written notice to the consent authority under the Act, section 4.47, within the relevant assessment period, of—\n> > > \n> > > > (i) whether the approval body will grant the approval, or\n> > > \n> > > > (ii) the general terms of its approval, or\n> > \n> > > (b) the consent authority identifies an inconsistency in the general terms of approval of 2 or more approval bodies that means a general term of approval of an approval body could not be complied with without breaching a general term of approval of another approval body.\n> \n> > (2) As soon as practicable after deciding to act on behalf of an approval body, the Planning Secretary must give written notice to the consent authority and approval body.\n> \n> > (3) The assessment requirements set out in the Secretary’s Assessment Requirements for Development Requiring General Terms of Approval, as in force from time to time and published on the NSW planning portal, are prescribed as State assessment requirements.\n> \n> > (4) In this section—\n> > \n> > relevant assessment period means the period of 21 or 40 days specified in section 45(1) as the period within which the approval body must notify its decision to the consent authority.","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Planning Secretary may request additional information from applicant","content":"#### 47 Planning Secretary may request additional information from applicant\n\n47 Planning Secretary may request additional information from applicant\n\n> > (1) This section applies if the Planning Secretary decides to act on behalf of an approval body as referred to in the Act, section 4.47(4A).\n> \n> > (2) The Planning Secretary may request additional information from the applicant.\n> \n> > (3) The request must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) specify a reasonable period within which the additional information must be given to the Planning Secretary.\n> \n> > (4) An applicant to whom a request is made may give the Planning Secretary written notice that the applicant will not provide the additional information.\n> \n> > (5) The Planning Secretary may deal with a request for general terms of approval without the additional information from an applicant if the applicant—\n> > \n> > > (a) notifies the Planning Secretary that the additional information will not be provided, or\n> > \n> > > (b) has not provided the additional information by the end of—\n> > > \n> > > > (i) the period specified under subsection (3)(b), or\n> > > \n> > > > (ii) a further period allowed by the Planning Secretary.\n> \n> > (6) In this section—\n> > \n> > additional information, in relation to a development application, means information the Planning Secretary considers necessary to properly consider the general terms of approval.","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Notification of general terms of approval by Planning Secretary","content":"#### 48 Notification of general terms of approval by Planning Secretary\n\n48 Notification of general terms of approval by Planning Secretary\n\n> > (1) If the Planning Secretary decides to act on behalf of an approval body as referred to in the Act, section 4.47(4A), the Planning Secretary must, within 21 days after giving notice under section 46(2), give written notice of the Planning Secretary’s decision about the general terms of approval, including whether approval will be given, to—\n> > \n> > > (a) the consent authority, and\n> > \n> > > (b) each approval body.\n> \n> > (2) If the consent authority determines the development application by refusing to grant consent before the end of the period under subsection (1)—\n> > \n> > > (a) the consent authority must, as soon as practicable after the determination, give written notice to the Planning Secretary, and\n> > \n> > > (b) subsection (1) ceases to apply in relation to the development application.\n> \n> > (3) This section does not prevent a consent authority from considering the general terms of approval notified to the consent authority by the Planning Secretary after the end of the period under subsection (1).","sortOrder":65},{"sectionNumber":"Division 4","sectionType":"division","heading":"Development applications for development requiring concurrence—the Act, ss 4.12, 4.13 and 4.64","content":"## Division 4 Development applications for development requiring concurrence—the Act, ss 4.12, 4.13 and 4.64\n\nDivision 4 Development applications for development requiring concurrence—the Act, ss 4.12, 4.13 and 4.64","sortOrder":66},{"sectionNumber":"49","sectionType":"section","heading":"Application of Division","content":"#### 49 Application of Division\n\n49 Application of Division\n\n> > (1) This Division applies to a development application that relates to development requiring the concurrence of a concurrence authority.\n> \n> > (2) This Division extends, with necessary modifications, to a development application or environmental assessment that relates to development or an activity for which concurrence is required under—\n> > \n> > > (a) the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 7.12, or\n> > \n> > > (b) the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZZ.\n> \n> > (3) This Division, other than section 55, does not apply if a concurrence authority’s concurrence may be assumed under section 55.\n> \n> > (4) This Division ceases to apply to a development application if the development application is rejected or withdrawn.","sortOrder":67},{"sectionNumber":"50","sectionType":"section","heading":"Consent authority to seek concurrence","content":"#### 50 Consent authority to seek concurrence\n\n50 Consent authority to seek concurrence\n\n> > (1) Within 14 days after a development application for development requiring concurrence is lodged, the consent authority must give each concurrence authority whose concurrence is required—\n> > \n> > > (a) a copy of the application and all accompanying documents, and\n> > \n> > > (b) written notice of the following—\n> > > \n> > > > (i) the basis on which its concurrence is required,\n> > > \n> > > > (ii) the day on which the development application was lodged,\n> > > \n> > > > (iii) if known, when the application will be publicly exhibited.\n> \n> > (2) The consent authority is not required to comply with subsection (1) if, within 14 days after the application is lodged—\n> > \n> > > (a) the consent authority rejects the application, or\n> > \n> > > (b) the application is withdrawn.\n> \n> > (3) If the Planning Secretary has made an election under [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Chapter 4 in relation to the development, the consent authority must give the development application to the Planning Secretary as soon as practicable after receiving notice of the election.\n> \n> > (4) Immediately after the end of the public exhibition period for a development application for development requiring concurrence, the consent authority must give a copy of all submissions received during the public exhibition period to each concurrence body.\n> \n> **s 50:** Am 2022 (40), Sch 1\\[13\\].","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":"Concurrence under Biodiversity Conservation Act 2016","content":"#### 51 Concurrence under Biodiversity Conservation Act 2016\n\n51 Concurrence under [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)\n\n> > (1) This section applies if concurrence may be required under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), Part 7 from a person (the biodiversity concurrence authority) because the development application indicates that a reduction is being sought in the number of biodiversity credits required to be retired under the biodiversity development assessment report.\n> \n> > (2) The development application must be given to the biodiversity concurrence authority within 10 days, instead of 14 days, after the development application is lodged.\n> \n> > (3) The consent authority must, within 30 days after the application is lodged, notify the biodiversity concurrence authority—\n> > \n> > > (a) whether it proposes to reduce the number of biodiversity credits required to be retired, and\n> > \n> > > (b) if so, the amount of and the reasons for the reduction, as referred to in the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 7.13(4).\n> \n> > (4) If the concurrence of the biodiversity concurrence authority is required because the consent authority proposes to reduce the number of biodiversity credits, the reference in section 53(1)(a) to a concurrence authority giving notice of its decision to a consent authority within 40 days after receiving the development application is taken to be a reference to giving notice within 50 days after the development application is lodged.","sortOrder":69},{"sectionNumber":"52","sectionType":"section","heading":"Concurrence authority may request additional information from consent authority","content":"#### 52 Concurrence authority may request additional information from consent authority\n\n52 Concurrence authority may request additional information from consent authority\n\n> > (1) A concurrence authority whose concurrence has been sought in relation to development may request additional information about the development from the consent authority.\n> \n> > (2) The request must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) specify a reasonable period within which the additional information must be given to the concurrence authority.\n> \n> > (3) Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the additional information from the applicant.\n> \n> > (4) The consent authority’s request must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) specify the period within which the additional information must be given to the concurrence authority, and\n> > \n> > > (c) specify the number of days in the assessment period that have elapsed, and\n> > \n> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—\n> > > \n> > > > (i) the request, and\n> > > \n> > > > (ii) the day on which the applicant provides the information or notifies, or is taken to have notified, the consent authority that the information will not be provided.\n> \n> > (5) Immediately after receiving the additional information from the applicant, the consent authority must give the information to the concurrence authority.\n> \n> > (6) The applicant to whom a request is made may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.\n> \n> > (7) The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—\n> > \n> > > (a) the period specified under subsection (2)(b), or\n> > \n> > > (b) a further period allowed by the concurrence authority.\n> \n> > (8) The consent authority must notify the concurrence authority as soon as practicable after the applicant notifies, or is taken to have notified, the consent authority that the applicant will not provide the additional information.\n> \n> > (9) In this section—\n> > \n> > additional information, in relation to development, means information the concurrence authority considers necessary to properly consider if concurrence should be granted.","sortOrder":70},{"sectionNumber":"53","sectionType":"section","heading":"Notification of decision","content":"#### 53 Notification of decision\n\n53 Notification of decision\n\n> > (1) A concurrence authority that receives a development application from a consent authority must give written notice to the consent authority of its decision on the development application—\n> > \n> > > (a) within 40 days after receiving the development application from the consent authority, or a lesser period, if any, provided for in an environmental planning instrument, or\n> > \n> > > (b) if the development must be publicly exhibited under the Act—within 21 days after—\n> > > \n> > > > (i) receiving from the consent authority the submissions made during the public exhibition period, or\n> > > \n> > > > (ii) being notified by the consent authority that no submissions were made.\n> \n> > (2) If the consent authority determines a development application by refusing to grant consent before the end of the period under subsection (1)—\n> > \n> > > (a) the consent authority must notify the concurrence authority as soon as practicable after the determination, and\n> > \n> > > (b) this section ceases to apply to the development application.\n> \n> > (3) This section does not prevent a consent authority from considering a concurrence authority’s decision on a development application that is notified to the consent authority after the end of the relevant period under subsection (1).","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Notice of reasons for concurrence decisions","content":"#### 54 Notice of reasons for concurrence decisions\n\n54 Notice of reasons for concurrence decisions\n\n> If the concurrence authority grants concurrence subject to a condition, or refuses concurrence, the concurrence authority must give written notice to the consent authority of the reasons for the imposition of the condition or the refusal.","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Circumstances in which concurrence may be assumed","content":"#### 55 Circumstances in which concurrence may be assumed\n\n55 Circumstances in which concurrence may be assumed\n\n> > (1) A concurrence authority may, by written notice given to the consent authority—\n> > \n> > > (a) inform the consent authority that concurrence may be assumed, subject to the qualifications or conditions specified in the notice, and\n> > \n> > > (b) amend or revoke an earlier notice under this section.\n> \n> > (2) A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this section is as valid and effective as if concurrence had been given.","sortOrder":73},{"sectionNumber":"Division 5","sectionType":"division","heading":"Development applications for designated development, nominated integrated development, threatened species development, Class 1 aquaculture development and State significant development—the Act, ss 4.12, 4.47 and 4.64","content":"## Division 5 Development applications for designated development, nominated integrated development, threatened species development, Class 1 aquaculture development and State significant development—the Act, ss 4.12, 4.47 and 4.64\n\nDivision 5 Development applications for designated development, nominated integrated development, threatened species development, Class 1 aquaculture development and State significant development—the Act, ss 4.12, 4.47 and 4.64","sortOrder":74},{"sectionNumber":"56","sectionType":"section","heading":"Notice of development applications","content":"#### 56 Notice of development applications\n\n56 Notice of development applications\n\n> > (1) This section applies to a development application for the following only—\n> > \n> > > (a) designated development,\n> > \n> > > (b) nominated integrated development,\n> > \n> > > (c) threatened species development,\n> > \n> > > (d) Class 1 aquaculture development,\n> > \n> > > (e) State significant development.\n> \n> > (2) As soon as practicable after a development application is lodged, the consent authority must—\n> > \n> > > (a) publish notice of the application on the consent authority’s website, and\n> > \n> > > (b) give notice of the application to—\n> > > \n> > > > (i) the public authorities that, in the consent authority’s opinion, may have an interest in the determination of the application, and\n> > > \n> > > > (ii) the persons that own or occupy the land adjoining the land to which the application relates.\n> \n> > (3) Subsection (2)(b)(i) does not require notice to be given to relevant concurrence authorities or approval bodies.\n> \n> > (4) Subsection (2)(b)(ii) does not apply to a notice that relates to an application for public notification development or designated development.\n> \n> > (5) The fee payable to a consent authority for the giving of notice under this section, other than for State significant development, is specified in Schedule 4.\n> \n> > (6) The notice under subsection (2)(a) and (b) must contain the following information—\n> > \n> > > (a) a description and address of the land on which the development will be carried out,\n> > \n> > > (b) the name of the applicant and the consent authority,\n> > \n> > > (c) a description of the development,\n> > \n> > > (d) whether the development is designated development, nominated integrated development, threatened species development, Class 1 aquaculture development or State significant development,\n> > \n> > > (e) a statement that the application and the documents accompanying the application, including any environmental impact statement, are available on the consent authority’s website for the minimum period required under the Act,\n> > \n> > > (f) a statement that a person may, during the public exhibition period, make submissions to the consent authority about the application and that the submissions must specify the grounds of objection, if any,\n> > \n> > > (g) for development that is also integrated development—a statement of the required approvals and the approval bodies for the approvals,\n> > \n> > > (h) for State significant development—whether the Minister has directed that the Independent Planning Commission must hold a public hearing,\n> > \n> > > (i) for designated development—\n> > > \n> > > > (i) a statement that, unless the Independent Planning Commission has held a public hearing, a person who objected to the development by making a submission and who is dissatisfied with the determination of the consent authority to grant development consent, may appeal to the Court, and\n> > > \n> > > > (ii) a statement that, if the Independent Planning Commission holds a public hearing, the Commission’s determination of the application is final and not subject to appeal.\n> \n> > (7) For the purposes of this section—\n> > \n> > > (a) if land is a lot in a freehold strata scheme—a notice to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and\n> > \n> > > (b) if land is a lot in a leasehold strata scheme—a notice to the lessor under the leasehold strata scheme and to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and\n> > \n> > > (c) if land is owned or occupied by more than 1 person—a notice to 1 owner or 1 occupier is taken to be a notice to all owners and occupiers of the land.\n> \n> > (8) In this section—\n> > \n> > freehold strata scheme and leasehold strata scheme have the same meaning as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).","sortOrder":75},{"sectionNumber":"57","sectionType":"section","heading":"Notice not required in certain circumstances","content":"#### 57 Notice not required in certain circumstances\n\n57 Notice not required in certain circumstances\n\n> > (1) This section applies to a development application for the following that has been lodged but not determined by the consent authority—\n> > \n> > > (a) nominated integrated development,\n> > \n> > > (b) threatened species development,\n> > \n> > > (c) Class 1 aquaculture development.\n> \n> > (2) The consent authority may decide not to comply with section 56 in relation to an amended development application if the consent authority—\n> > \n> > > (a) complied with section 56 in relation to the development application (the original development application) before it was amended, and\n> > \n> > > (b) considers that the amended development application differs from the original development application in minor ways only.\n> \n> > (3) Compliance with section 56 in relation to the original development application is taken to be compliance in relation to the amended development application.\n> \n> > (4) The consent authority must give written notice to the applicant of its decision under this section no later than the notice of the determination of the amended development application is given under the Act, section 4.18.","sortOrder":76},{"sectionNumber":"58","sectionType":"section","heading":"Exhibition of notice of designated development application","content":"#### 58 Exhibition of notice of designated development application\n\n58 Exhibition of notice of designated development application\n\n> A notice for a development application for designated development must be exhibited on the land to which the development application relates and must—\n> \n> > (a) be displayed on a signpost or board, and\n> \n> > (b) be clear and legible, and\n> \n> > (c) have the heading “**DEVELOPMENT PROPOSAL**” in capital letters and bold type, and\n> \n> > (d) contain the following information—\n> > \n> > > (i) a statement that the development application has been lodged,\n> > \n> > > (ii) the name of the applicant,\n> > \n> > > (iii) a brief description of the development application,\n> > \n> > > (iv) a statement that the development application and the documents accompanying the development application, including any environmental impact statement, are available on the consent authority’s website for the minimum period required under the Act for designated development, and\n> \n> > (e) if practicable, be able to be read from a public place.","sortOrder":77},{"sectionNumber":"59","sectionType":"section","heading":"Additional requirements for State significant development—the Act, s 4.39","content":"#### 59 Additional requirements for State significant development—the Act, s 4.39\n\n59 Additional requirements for State significant development—the Act, s 4.39\n\n> > (1) The Planning Secretary must give an applicant for State significant development a copy of the submissions, or a summary of the submissions, received in relation to the application during the public exhibition period.\n> \n> > (2) The Planning Secretary may, by written notice—\n> > \n> > > (a) identify the issues raised in the submissions that the Planning Secretary considers require a response from the applicant, and\n> > \n> > > (b) require the applicant to give a written response, and\n> > \n> > > (c) require the applicant to have regard to the State Significant Development Guidelines in preparing the response.\n> \n> > (3) The written notice must specify a reasonable period within which the response must be given to the Planning Secretary.\n> \n> > (4) The applicant may, through the NSW planning portal, notify the Planning Secretary that the applicant will not give a response.\n> \n> > (5) The applicant is taken to have notified the Planning Secretary that the applicant will not give a response if the applicant has not provided the information by the end of—\n> > \n> > > (a) the period specified under subsection (3), or\n> > \n> > > (b) a further period allowed by the Planning Secretary.\n> \n> > (6) The Planning Secretary must publish the following documents relating to a development application for State significant development on the NSW planning portal—\n> > \n> > > (a) the Planning Secretary’s environmental assessment requirements under Part 8, Division 2,\n> > \n> > > (b) the application, including accompanying documents and information and any amendments made to the application,\n> > \n> > > (c) submissions received during the public exhibition period and any response from the applicant received under subsection (2),\n> > \n> > > (d) any environmental assessment report prepared by the Planning Secretary,\n> > \n> > > (e) any development consent or modification to a development consent,\n> > \n> > > (f) any application made for a modification to development consent, including accompanying documents and information,\n> > \n> > > (g) documents or information given to the Planning Secretary by the applicant in response to submissions.\n> \n> **s 59:** Am 2022 (142), Sch 1\\[1\\]; 2023 (350), Sch 1\\[1\\].","sortOrder":78},{"sectionNumber":"60","sectionType":"section","heading":"Submissions about designated development to be given to Planning Secretary","content":"#### 60 Submissions about designated development to be given to Planning Secretary\n\n60 Submissions about designated development to be given to Planning Secretary\n\n> The consent authority must, immediately after the public exhibition period for a development application for designated development, give a copy of any submissions to the Planning Secretary, unless the Minister is the consent authority.","sortOrder":79},{"sectionNumber":"Part 4","sectionType":"part","heading":"Determination of development applications","content":"# Part 4 Determination of development applications\n\nPart 4 Determination of development applications","sortOrder":80},{"sectionNumber":"61","sectionType":"section","heading":"Additional matters that consent authority must consider","content":"#### 61 Additional matters that consent authority must consider\n\n61 Additional matters that consent authority must consider\n\n> > (1) In determining a development application for the demolition of a building, the consent authority must consider the Australian Standard AS 2601—2001: The Demolition of Structures.\n> \n> > (2) In determining a development application for the carrying out of development on land that is subject to a subdivision order under the Act, Schedule 7, the consent authority must consider—\n> > \n> > > (a) the subdivision order, and\n> > \n> > > (b) any development plan prepared for the land by a relevant authority under that Schedule.\n> \n> > (3) In determining a development application for development on the following land, the consent authority must consider the Dark Sky Planning Guideline—\n> > \n> > > (a) land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional,\n> > \n> > > (b) land less than 200 kilometres from the Siding Spring Observatory, if the development is—\n> > > \n> > > > (i) State significant development, or\n> > > \n> > > > (ii) designated development, or\n> > > \n> > > > (iii) development specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 6.\n> \n> > (4) In determining a development application for development for the purposes of a manor house or multi dwelling housing (terraces), the consent authority must consider the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.\n> \n> > (5) Subsection (4) applies only if the consent authority is satisfied there is not a development control plan that adequately addresses the development.\n> \n> > (6) In determining a development application for development for the erection of a building for residential purposes on land in Penrith City Centre, within the meaning of [Penrith Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0540), the consent authority must consider the Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre published by the Department on 28 June 2019.\n> \n> > (7)–(8) (Repealed)\n> \n> **s 61:** Am 2022 (39), sec 3(1) (2); 2022 (40), Sch 1\\[14\\]; 2022 (142), Sch 1\\[2\\]; 2022 (656), sec 3(1) (2); 2022 (702), Sch 1\\[6\\]; 2023 (67), sec 3(1).","sortOrder":82},{"sectionNumber":"62","sectionType":"section","heading":"Consideration of fire safety","content":"#### 62 Consideration of fire safety\n\n62 Consideration of fire safety\n\n> > (1) This section applies to the determination of a development application for a change of building use for an existing building if the applicant does not seek the rebuilding or alteration of the building.\n> \n> > (2) The consent authority must—\n> > \n> > > (a) consider whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use, and\n> > \n> > > (b) not grant consent to the change of building use unless the consent authority is satisfied that the building complies, or will, when the development is completed, comply, with the Category 1 fire safety provisions that are applicable to the building’s proposed use.\n> \n> > (3) Subsection (2)(b) does not apply to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).","sortOrder":83},{"sectionNumber":"63","sectionType":"section","heading":"Considerations for erection of temporary structures","content":"#### 63 Considerations for erection of temporary structures\n\n63 Considerations for erection of temporary structures\n\n> In determining a development application for the erection of a temporary structure, the consent authority must consider whether—\n> \n> > (a) the fire protection and structural capacity of the structure will be appropriate to the proposed use of the structure, and\n> \n> > (b) the ground or other surface on which the structure will be erected will be sufficiently firm and level to sustain the structure while in use.","sortOrder":84},{"sectionNumber":"64","sectionType":"section","heading":"Consent authority may require upgrade of buildings","content":"#### 64 Consent authority may require upgrade of buildings\n\n64 Consent authority may require upgrade of buildings\n\n> > (1) This section applies to the determination of a development application that involves the rebuilding or alteration of an existing building if—\n> > \n> > > (a) the proposed building work and previous building work together represent more than half of the total volume of the building, or\n> > \n> > > (b) the measures contained in the building are inadequate—\n> > > \n> > > > (i) to protect persons using the building, if there is a fire, or\n> > > \n> > > > (ii) to facilitate the safe egress of persons using the building from the building, if there is a fire, or\n> > > \n> > > > (iii) to restrict the spread of fire from the building to other buildings nearby.\n> \n> > (2) The consent authority must consider whether it is appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.\n> \n> > (3) In this section—\n> > \n> > previous building work means building work completed or authorised within the previous 3 years.\n> > \n> > total volume of a building means the volume of the building before the previous building work commenced and measured over the building’s roof and external walls.","sortOrder":85},{"sectionNumber":"65","sectionType":"section","heading":"Consideration of conservation plan for development at Sydney Opera House","content":"#### 65 Consideration of conservation plan for development at Sydney Opera House\n\n65 Consideration of conservation plan for development at Sydney Opera House\n\n> > (1) In determining a development application for development at the Sydney Opera House to which the Act, Part 4 applies, the consent authority must consider the provisions of the Sydney Opera House Conservation Plan.\n> \n> > (2) In this section—\n> > \n> > Sydney Opera House has the same meaning as Opera House in the [Sydney Opera House Trust Act 1961](/view/html/inforce/current/act-1961-009).\n> > \n> > Sydney Opera House Conservation Plan means the conservation management plan for the Sydney Opera House entitled “Respecting the Vision”, 4th edition, published in July 2017 on the Sydney Opera House Trust’s website.","sortOrder":86},{"sectionNumber":"65A","sectionType":"section","heading":"Factors not of relevance to development application—the Act, s 4.15(1A)(b)","content":"#### 65A Factors not of relevance to development application—the Act, s 4.15(1A)(b)\n\n65A Factors not of relevance to development application—the Act, s 4.15(1A)(b)\n\n> > (1) For the purpose of the consideration of a matter referred to in section 4.15(1)(b), the significant likely impacts of other development for which consent is not sought in the development application are declared to be factors that are not of relevance to the development the subject of the development application.\n> \n> > (2) In this section—\n> > \n> > other development means development that is likely to be, or will be, required to be carried out as a result of the development that is the subject of the development application.\n> \n> **s 65A:** Ins 2025 No 71, Sch 2\\[3\\].","sortOrder":87},{"sectionNumber":"66","sectionType":"section","heading":"Contributions plans for certain areas in Sydney—the Act, s 4.16(1)","content":"#### 66 Contributions plans for certain areas in Sydney—the Act, s 4.16(1)\n\n66 Contributions plans for certain areas in Sydney—the Act, s 4.16(1)\n\n> > (1) A development application for development on the following land must not be determined by the consent authority unless a contributions plan has been approved for the land to which the application relates—\n> > \n> > > (a) land in Zone IN1 General Industrial under [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 2,\n> > \n> > > (b) land in a residential, business or industrial zone, Zone C4 Environmental Living or Zone 1 Urban Development under a Precinct Plan in [State Environmental Planning Policy (Precincts—Central River City) 2021](/view/html/inforce/current/epi-2021-0725), Chapter 3 or [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3,\n> > \n> > > (c) land shown on the [Land Application Map](/view/html/inforce/current/epi-2020-0545/maps) under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4.\n> \n> > (2) The consent authority may dispense with the requirement for a contributions plan if—\n> > \n> > > (a) the consent authority considers the development application is of a minor nature, or\n> > \n> > > (b) the developer has entered into a planning agreement for the matters that may be the subject of a contributions plan.\n> \n> > (3) (Repealed)\n> \n> **s 66:** Am 2022 (40), Sch 1\\[15\\]–\\[17\\]; 2022 (142), Sch 1\\[3\\]; 2025 (501), Sch 1\\[1\\].","sortOrder":88},{"sectionNumber":"66A","sectionType":"section","heading":"Council-related development applications—the Act, s 4.16(11)","content":"#### 66A Council-related development applications—the Act, s 4.16(11)\n\n66A Council-related development applications—the Act, s 4.16(11)\n\n> > (1) A council-related development application must not be determined by the consent authority unless—\n> > \n> > > (a) the council has adopted a conflict of interest policy, and\n> > \n> > > (b) the council considers the policy in determining the application.\n> \n> > (2) In this section—\n> > \n> > conflict of interest policy means a policy that—\n> > \n> > > (a) specifies how a council will manage conflicts of interest that may arise in connection with council-related development applications because the council is the consent authority, and\n> > \n> > > (b) complies with the Council-related Development Application Conflict of Interest Guidelines published by the Department and available on the NSW planning portal, as in force from time to time.\n> \n> **s 66A:** Ins 2022 (579), Sch 1\\[2\\]. Am 2023 (95), sec 4(1) (2).","sortOrder":89},{"sectionNumber":"67","sectionType":"section","heading":"Modification or surrender of development consent or existing use right—the Act, s 4.17(5)","content":"#### 67 Modification or surrender of development consent or existing use right—the Act, s 4.17(5)\n\n67 Modification or surrender of development consent or existing use right—the Act, s 4.17(5)\n\n> > (1) A development consent or existing use right may be modified or surrendered by written notice to the consent authority.\n> \n> > (2) The notice must contain the following information—\n> > \n> > > (a) the name and address of the person giving the notice,\n> > \n> > > (b) the address and folio identifier of the land to which the consent or right relates,\n> > \n> > > (c) a description of the consent or right to be modified or surrendered,\n> > \n> > > (d) whether the consent or right will be modified, including details of the modification, or surrendered,\n> > \n> > > (e) if the person giving the notice is not the owner of the land—a statement signed by the owner of the land that the owner consents to the modification or surrender of the consent or right.\n> \n> > (3) The notice takes effect when the consent authority gives written notice to the person giving the notice that the consent authority received the notice.\n> \n> > (4) The notice operates, according to its terms, to modify or surrender the development consent or existing use right to which it relates.\n> \n> > (5) The consent of the owner is not required under subsection (2)(e) if the consent of the owner of the land was not required under section 23 to make the application for the development consent.\n> \n> > (6) In this section—\n> > \n> > existing use right means a right conferred by the Act, Division 4.11.","sortOrder":90},{"sectionNumber":"68","sectionType":"section","heading":"Voluntary surrender of development consent—the Act, s 4.63","content":"#### 68 Voluntary surrender of development consent—the Act, s 4.63\n\n68 Voluntary surrender of development consent—the Act, s 4.63\n\n> > (1) A development consent may be voluntarily surrendered by written notice to the consent authority.\n> \n> > (2) The notice must contain the following information—\n> > \n> > > (a) the name and address of the person giving the notice,\n> > \n> > > (b) the address and folio identifier of the land to which the development consent relates,\n> > \n> > > (c) a description of the development consent to be surrendered,\n> > \n> > > (d) if the person giving the notice is not the owner of the land—a statement signed by the owner of the land that the owner consents to the surrender of the development consent,\n> > \n> > > (e) whether any part of the development to which the development consent relates has commenced.\n> \n> > (3) If any part of the development to which the development consent relates has commenced (the commenced development), the notice must also set out the circumstances that indicate—\n> > \n> > > (a) the commenced development was carried out in compliance with—\n> > > \n> > > > (i) each condition of the development consent that is relevant to the commencement development, or\n> > > \n> > > > (ii) an agreement with the consent authority relating to the development consent that is relevant to the commenced development, and\n> > \n> > > (b) the surrender of the development consent will not have an adverse impact on a third party or the locality.\n> \n> > (4) The notice takes effect when the consent authority notifies the person that the consent authority is satisfied that—\n> > \n> > > (a) no part of the development to which the development consent relates has commenced, or\n> > \n> > > (b) if there is commenced development—\n> > > \n> > > > (i) it was carried out in compliance with each condition of the development consent, or an agreement with the consent authority relating to the development consent, that is relevant to the commenced development, and\n> > > \n> > > > (ii) the surrender of the development consent will not have an adverse impact on a third party or the locality.\n> \n> > (5) The notice operates, according to its terms, to surrender the development consent to which it relates.\n> \n> > (6) The consent of the owner is not required under subsection (2)(d) if the consent of the owner of the land was not required under section 23 to make the application for the development consent.","sortOrder":91},{"sectionNumber":"pt.4-div.2-sdiv.1","sectionType":"division","heading":"Development generally","content":"### pt.4-div.2-sdiv.1 Development generally\n\nSubdivision 1 Development generally","sortOrder":93},{"sectionNumber":"69","sectionType":"section","heading":"Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989","content":"#### 69 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989\n\n69 Compliance with Building Code of Australia and insurance requirements under [Home Building Act 1989](/view/html/inforce/current/act-1989-147)\n\n> > (1) It is a condition of a development consent for development that involves building work that the work must be carried out in accordance with the requirements of the Building Code of Australia.\n> \n> > (2) It is a condition of a development consent for development that involves residential building work for which a contract of insurance is required under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 6 that a contract of insurance is in force before building work authorised to be carried out by the consent commences.\n> \n> > (3) It is a condition of a development consent for a temporary structure used as an entertainment venue that the temporary structure must comply with the Building Code of Australia, Volume 1, Part B1 and NSW Part I5.\n> \n> > (4) In subsection (1), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the relevant date.\n> \n> > (5) In subsection (3), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the day on which the application for development consent was made.\n> \n> > (6) This section does not apply—\n> > \n> > > (a) to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), or\n> > \n> > > (b) to the erection of a temporary building, other than a temporary structure to which subsection (3) applies.\n> \n> > (7) In this section—\n> > \n> > relevant date has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 19.\n> \n> **s 69:** Am 2023 (30), Sch 2\\[1\\] \\[2\\]; 2023 (71), Sch 1.3\\[2\\].","sortOrder":94},{"sectionNumber":"70","sectionType":"section","heading":"Erection of signs","content":"#### 70 Erection of signs\n\n70 Erection of signs\n\n> > (1) This section applies to a development consent for development involving building work, subdivision work or demolition work.\n> \n> > (2) It is a condition of the development consent that a sign must be erected in a prominent position on a site on which building work, subdivision work or demolition work is being carried out—\n> > \n> > > (a) showing the name, address and telephone number of the principal certifier for the work, and\n> > \n> > > (b) showing the name of the principal contractor, if any, for the building work and a telephone number on which the principal contractor may be contacted outside working hours, and\n> > \n> > > (c) stating that unauthorised entry to the work site is prohibited.\n> \n> > (3) The sign must be—\n> > \n> > > (a) maintained while the building work, subdivision work or demolition work is being carried out, and\n> > \n> > > (b) removed when the work has been completed.\n> \n> > (4) This section does not apply in relation to—\n> > \n> > > (a) building work, subdivision work or demolition work carried out inside an existing building, if the work does not affect the external walls of the building, or\n> > \n> > > (b) Crown building work certified to comply with the Building Code of Australia under the Act, Part 6.","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Notification of Home Building Act 1989 requirements","content":"#### 71 Notification of Home Building Act 1989 requirements\n\n71 Notification of [Home Building Act 1989](/view/html/inforce/current/act-1989-147) requirements\n\n> > (1) This section applies to a development consent for development involving residential building work if the principal certifier is not the council.\n> \n> > (2) It is a condition of the development consent that residential building work must not be carried out unless the principal certifier for the development to which the work relates has given the council written notice of the following—\n> > \n> > > (a) for work that requires a principal contractor to be appointed—\n> > > \n> > > > (i) the name and licence number of the principal contractor, and\n> > > \n> > > > (ii) the name of the insurer of the work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 6,\n> > \n> > > (b) for work to be carried out by an owner-builder—\n> > > \n> > > > (i) the name of the owner-builder, and\n> > > \n> > > > (ii) if the owner-builder is required to hold an owner-builder permit under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)—the number of the owner-builder permit.\n> \n> > (3) If the information notified under subsection (2) is no longer correct, it is a condition of the development consent that further work must not be carried out unless the principal certifier has given the council written notice of the updated information.\n> \n> > (4) This section does not apply in relation to Crown building work certified to comply with the Building Code of Australia under the Act, Part 6.","sortOrder":96},{"sectionNumber":"72","sectionType":"section","heading":"Entertainment venues","content":"#### 72 Entertainment venues\n\n72 Entertainment venues\n\n> > (1) The requirements specified in this section are conditions of development consent for the use of a building as an entertainment venue.\n> \n> > (2) During a stage performance at an entertainment venue, there must be at least 1 suitably trained person in attendance in the stage area at all times for the purpose of operating, if necessary, a proscenium safety curtain, drencher system and smoke exhaust system.\n> \n> > (3) If a proscenium safety curtain is installed at an entertainment venue, there must be no obstruction to the opening or closing of the curtain and the curtain must be operable at all times.\n> \n> > (4) When a film is being screened at an entertainment venue, there must be at least 1 person in attendance at the entertainment venue who is trained in—\n> > \n> > > (a) the operation of the projectors being used, and\n> > \n> > > (b) the use of the fire fighting equipment in the room in which the projectors are installed (the projection room).\n> \n> > (5) If the projection room is not fitted with automatic fire suppression equipment and a smoke detection system, in accordance with the Building Code of Australia, the person required by subsection (4) to be in attendance must be in the projection suite in which the projection room is located during the screening of a film.\n> \n> > (6) A member of the public must not be present in the projection suite during the screening of a film.\n> \n> > (7) An entertainment venue must not screen a nitrate film.\n> \n> > (8) An emergency evacuation plan must be prepared, maintained and implemented for a building, other than a temporary structure, used as an entertainment venue.\n> \n> > (9) The emergency evacuation plan must specify the following—\n> > \n> > > (a) the location of all exits, and fire protection and safety equipment, for the part of the building used as an entertainment venue,\n> > \n> > > (b) the number of fire safety officers that must be present during performances,\n> > \n> > > (c) how the audience will be evacuated from the building if there is a fire or other emergency.\n> \n> > (10) A fire safety officer appointed to be present during a performance must have appropriate training in evacuating persons from the building if there is a fire or other emergency.\n> \n> > (11) In this section—\n> > \n> > exit has the same meaning as in the Building Code of Australia.","sortOrder":97},{"sectionNumber":"73","sectionType":"section","heading":"Maximum capacity signage","content":"#### 73 Maximum capacity signage\n\n73 Maximum capacity signage\n\n> > (1) This section applies to a development consent, including an existing development consent, for the following uses of a building, if the development consent contains a condition specifying the maximum number of persons permitted in the building—\n> > \n> > > (a) an entertainment venue,\n> > \n> > > (b) a function centre,\n> > \n> > > (c) a pub,\n> > \n> > > (d) a registered club,\n> > \n> > > (e) a restaurant or cafe.\n> \n> > (2) It is a condition of the development consent that a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building.","sortOrder":98},{"sectionNumber":"74","sectionType":"section","heading":"Shoring and adequacy of adjoining property","content":"#### 74 Shoring and adequacy of adjoining property\n\n74 Shoring and adequacy of adjoining property\n\n> > (1) This section applies to a development consent for development that involves excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land, including a structure or work in a road or rail corridor.\n> \n> > (2) It is a condition of the development consent that the person having the benefit of the development consent must, at the person’s own expense—\n> > \n> > > (a) protect and support the building, structure or work on adjoining land from possible damage from the excavation, and\n> > \n> > > (b) if necessary, underpin the building, structure or work on adjoining land to prevent damage from the excavation.\n> \n> > (3) This section does not apply if—\n> > \n> > > (a) the person having the benefit of the development consent owns the adjoining land, or\n> > \n> > > (b) the owner of the adjoining land gives written consent to the condition not applying.","sortOrder":99},{"sectionNumber":"75","sectionType":"section","heading":"Fulfilment of BASIX commitments","content":"#### 75 Fulfilment of BASIX commitments\n\n75 Fulfilment of BASIX commitments\n\n> It is a condition of a development consent for the following that each commitment listed in a relevant BASIX certificate is fulfilled—\n> \n> > (a) BASIX development,\n> \n> > (b) BASIX optional development, if the development application was accompanied by a BASIX certificate.","sortOrder":100},{"sectionNumber":"76","sectionType":"section","heading":"Deferred commencement consent","content":"#### 76 Deferred commencement consent\n\n76 Deferred commencement consent\n\n> > (1) A development consent with a deferred commencement, as referred to in the Act, section 4.16(3), must be clearly identified as a “deferred commencement” consent, whether by using the expression, referring to that section or otherwise.\n> \n> > (2) A deferred commencement consent must clearly distinguish between—\n> > \n> > > (a) conditions that relate to matters about which the consent authority must be satisfied before the consent can operate (the relevant matters), and\n> > \n> > > (b) other conditions.\n> \n> > (3) A consent authority may specify the period within which the applicant must produce sufficient evidence to the consent authority to enable it to be satisfied about the relevant matters.\n> \n> > (4) If the applicant produces evidence in accordance with this section, the consent authority must notify the applicant whether it is satisfied about the relevant matters.\n> \n> > (5) If the consent authority does not notify the applicant within 28 days after the applicant produces the evidence, the consent authority is taken to have notified the applicant, on the day on which the period expires, that it is not satisfied about the relevant matters.\n> \n> > (6) Subsection (5) applies for the purposes of the Act, section 8.7 only.","sortOrder":101},{"sectionNumber":"77","sectionType":"section","heading":"Conditions for ancillary aspects of development","content":"#### 77 Conditions for ancillary aspects of development\n\n77 Conditions for ancillary aspects of development\n\n> > (1) If a consent authority grants development consent subject to a condition referred to in the Act, section 4.17(2) in relation to an ancillary aspect of the development, the consent authority may specify the period within which the ancillary aspect must be carried out to the satisfaction of the consent authority or a person specified by the consent authority.\n> \n> > (2) The applicant may produce evidence to the consent authority, or to the person specified by the consent authority, sufficient to enable the consent authority or the person to be satisfied in relation to the ancillary aspect of the development.\n> \n> > (3) For the purposes of the Act, section 4.17(3), the relevant period is the period of 28 days after the applicant’s evidence is produced to the consent authority or a person specified by the consent authority.","sortOrder":102},{"sectionNumber":"78","sectionType":"section","heading":"Conditions for State significant development","content":"#### 78 Conditions for State significant development\n\n78 Conditions for State significant development\n\n> A development consent may be granted subject to a condition referred to in the Act, section 4.17(4A) or (4B) only if the development is State significant development.","sortOrder":103},{"sectionNumber":"79","sectionType":"section","heading":"Review conditions—the Act, s 4.17(10C)","content":"#### 79 Review conditions—the Act, s 4.17(10C)\n\n79 Review conditions—the Act, s 4.17(10C)\n\n> > (1) A development consent that is granted subject to a reviewable condition may, as referred to in the Act, section 4.17(10B), be granted subject to a further condition (a review condition) if the development consent relates to the following kinds of development—\n> > \n> > > (a) an entertainment venue,\n> > \n> > > (b) a function centre,\n> > \n> > > (c) a pub,\n> > \n> > > (d) a registered club,\n> > \n> > > (e) a restaurant or cafe.\n> \n> > (2) A development consent that is subject to a review condition must contain the following—\n> > \n> > > (a) a statement that the development consent is subject to the review condition and the purpose of the review condition,\n> > \n> > > (b) a statement that the consent authority will carry out the reviews,\n> > \n> > > (c) when, or at what intervals, the reviews must be carried out.\n> \n> > (3) The consent authority must give written notice to the operator of a development that is subject to a review condition at least 14 days before carrying out a review.\n> \n> > (4) The consent authority may notify other persons of the review as it considers appropriate.\n> \n> > (5) The consent authority must take into account submissions that are received from any person within 14 days after notice of a review is given to the person.","sortOrder":104},{"sectionNumber":"79A","sectionType":"section","heading":"Energy and water use for large commercial development under Sustainable Buildings SEPP","content":"#### 79A Energy and water use for large commercial development under Sustainable Buildings SEPP\n\n79A Energy and water use for large commercial development under Sustainable Buildings SEPP\n\n> > (1) This section applies to a development consent for large commercial development under [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).\n> \n> > (2) It is a condition of the development consent that, within the relevant period, the following must be given to the consent authority using the NSW planning portal—\n> > \n> > > (a) an assessment of the NABERS rating for water use achieved by the development, prepared by an assessor accredited under NABERS,\n> > \n> > > (b) an assessment of the NABERS rating for energy use achieved by the development, prepared by an assessor accredited under NABERS,\n> > \n> > > (c) evidence that the offsets required for the development under this section have been—\n> > > \n> > > > (i) for ACCUs or large-scale generation certificates—purchased and surrendered, or\n> > > \n> > > > (ii) for Climate Active certification—obtained.\n> \n> > (3) The assessment under subsection (2)(b) must specify the following—\n> > \n> > > (a) the rated annual electricity use,\n> > \n> > > (b) if the development will not achieve the energy use standards—the difference between the rated annual electricity use and the energy use standards, calculated for the first 5 years of operation,\n> > \n> > > (c) the rated use of on-site fossil fuels and the associated amount of carbon dioxide measured as carbon dioxide equivalent or CO2e, calculated for the first 10 years of operation.\n> \n> > (4) The consent authority must determine—\n> > \n> > > (a) the type of offsets required for particular development according to the following—\n> > > \n> > > > (i) ACCUs or Climate Active certification may be required if the consent authority is satisfied the development will use on-site fossil fuels,\n> > > \n> > > > (ii) large-scale generation certificates may be required if the consent authority is satisfied the development will not achieve the energy use standards, and\n> > \n> > > (b) the number of offsets required for particular development, using the assessment provided under subsection (2)(b).\n> \n> > (4A) Subsections (2)(b) and (c), (3) and (4) do not apply to large commercial development on land to which the following local environmental plans apply—\n> > \n> > > (a) [Sydney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0628),\n> > \n> > > (b) [Sydney Local Environmental Plan (Green Square Town Centre) 2013](/view/html/inforce/current/epi-2013-0541),\n> > \n> > > (c) [Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013](/view/html/inforce/current/epi-2013-0525).\n> \n> > (4B) Despite subsection (4A), subsections (2)(b) and (c), (3) and (4) apply to large commercial development to the extent that the development relates to prescribed serviced apartments.\n> \n> > (5) In this section—\n> > \n> > ACCU means an Australian Carbon Credit Unit issued by the Clean Energy Regulator under the [Carbon Credits (Carbon Farming Initiative) Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Climate Active certification means Climate Active certification under the Climate Active Carbon Neutral Standard for organisations, buildings or precincts.\n> > \n> > energy use standards means the standards for energy use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3.\n> > \n> > large-scale generation certificate means a large-scale generation certificate created under the [Renewable Energy (Electricity) Act 2000](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > offset means an ACCU, Climate Active certification or a large-scale generation certificate.\n> > \n> > relevant period, for a building, means 24 months from—\n> > \n> > > (a) the day on which an occupation certificate is issued, if the development requires an occupation certificate, or\n> > \n> > > (b) the day on which the building may be occupied or used, if the development does not require an occupation certificate.\n> \n> **s 79A:** Ins 2022 (520), Sch 2\\[4\\] (am 2023 (531), Sch 1\\[13\\]–\\[15\\]).","sortOrder":105},{"sectionNumber":"79B","sectionType":"section","heading":"Extension of relevant period for compliance with development consent condition for large commercial development","content":"#### 79B Extension of relevant period for compliance with development consent condition for large commercial development\n\n79B Extension of relevant period for compliance with development consent condition for large commercial development\n\n> > (1) The person having the benefit of the development consent to which section 79A applies may apply to the consent authority for an extension of up to 12 months of the relevant period.\n> \n> > (2) The application must be made through the NSW planning portal.\n> \n> > (3) The consent authority may grant an extension only if satisfied that the extension is reasonable in the circumstances.\n> \n> > (4) In deciding whether an extension is reasonable in the circumstances, the consent authority—\n> > \n> > > (a) must consider the following—\n> > > \n> > > > (i) whether less than 75% of the building will be occupied at the end of the relevant period,\n> > > \n> > > > (ii) whether the development is staged development,\n> > > \n> > > > (iii) the measures already taken by the applicant to comply with the development condition, and\n> > \n> > > (b) may consider the following—\n> > > \n> > > > (i) a change in ownership of the development,\n> > > \n> > > > (ii) delays in the construction of development that is staged development,\n> > > \n> > > > (iii) delays in relation to the purchase, surrender or obtaining of offsets,\n> > > \n> > > > (iv) other relevant matters.\n> \n> > (5) A consent authority is taken to have refused an application for an extension if it has not determined the application within 30 days.\n> \n> **s 79B:** Ins 2022 (520), Sch 2\\[4\\] (am 2023 (531), Sch 1\\[16\\]).","sortOrder":106},{"sectionNumber":"pt.4-div.2-sdiv.2","sectionType":"division","heading":"Development permitted under State Environmental Planning Policy (Housing) 2021","content":"### pt.4-div.2-sdiv.2 Development permitted under State Environmental Planning Policy (Housing) 2021\n\nSubdivision 2 Development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)","sortOrder":107},{"sectionNumber":"80","sectionType":"section","heading":"Definitions","content":"#### 80 Definitions\n\n80 Definitions\n\n> In this Subdivision—\n> \n> Aboriginal Housing Office means the Aboriginal Housing Office constituted by the [Aboriginal Housing Act 1998](/view/html/inforce/current/act-1998-047).\n> \n> Affordable Housing Guidelines means the NSW Affordable Housing Ministerial Guidelines published by the Department of Community and Justice and approved by the Minister for Families, Communities and Disability Services from time to time.\n> \n> Land and Housing Corporation means the New South Wales Land and Housing Corporation constituted under the [Housing Act 2001](/view/html/inforce/current/act-2001-052).\n> \n> registered community housing provider has the same meaning as in the [Community Housing Providers (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-059), section 13.\n> \n> Registrar of Community Housing means the Registrar of Community Housing appointed under the [Community Housing Providers (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-059), section 10.\n> \n> **s 80:** Am 2023 (662), Sch 1\\[6\\].","sortOrder":108},{"sectionNumber":"81","sectionType":"section","heading":"Build-to-rent housing","content":"#### 81 Build-to-rent housing\n\n81 Build-to-rent housing\n\n> > (1) This section applies to a development consent for development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 4.\n> \n> > (2) It is a condition of the development consent that during the relevant period—\n> > \n> > > (a) the buildings to which the development consent relates must contain at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and\n> > \n> > > (b) the tenanted component of the buildings to which the development consent relates must not be subdivided into separate lots, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) the tenanted component of the buildings to which the development consent relates must—\n> > > \n> > > > (i) be owned and controlled by 1 person only, and\n> > > \n> > > > (ii) be operated by 1 managing agent only, who provides on-site management.\n> \n> > (3) In this section—\n> > \n> > relevant period has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 73.\n> > \n> > tenanted component has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n> \n> **s 81:** Am 2022 (40), Sch 1\\[18\\] \\[19\\]; 2023 (662), Sch 1\\[7\\] \\[8\\].","sortOrder":109},{"sectionNumber":"82","sectionType":"section","heading":"In-fill affordable housing","content":"#### 82 In-fill affordable housing\n\n82 In-fill affordable housing\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 1, other than development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.\n> \n> > (2) It is a condition of the development consent that before the issue of an occupation certificate for the development—\n> > \n> > > (a) a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure the requirements of subsection (3)(a) and (b) are met, and\n> > \n> > > (b) evidence of an agreement with a registered community housing provider for the management of the affordable housing component must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and\n> > \n> > > (c) evidence that the requirements of paragraphs (a) and (b) have been met must be given to the consent authority.\n> \n> > (3) It is a condition of the development consent that during the relevant period—\n> > \n> > > (a) the affordable housing component must be used for affordable housing, and\n> > \n> > > (b) the affordable housing component must be managed by a registered community housing provider, and\n> > \n> > > (c) notice of a change in the registered community housing provider who manages the affordable housing component must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and\n> > \n> > > (d) the registered community housing provider who manages the affordable housing component must apply the Affordable Housing Guidelines.\n> \n> > (4) In this section—\n> > \n> > affordable housing component has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 21.\n> > \n> > relevant period means a period of 15 years commencing on the day on which an occupation certificate is issued for all parts of the building or buildings to which the development consent relates.\n> \n> **s 82:** Am 2022 (40), Sch 1\\[20\\]; 2023 (662), Sch 1\\[9\\].","sortOrder":110},{"sectionNumber":"83","sectionType":"section","heading":"Boarding houses","content":"#### 83 Boarding houses\n\n83 Boarding houses\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 2.\n> \n> > (2) It is a condition of the development consent that before the issue of an occupation certificate for the development—\n> > \n> > > (a) a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure the requirements of subsection (3)(a) and (b) are met, and\n> > \n> > > (b) evidence of an agreement with a registered community housing provider for the management of the boarding house must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and\n> > \n> > > (c) evidence that the requirements of paragraphs (a) and (b) have been met must be given to the consent authority.\n> \n> > (3) It is a condition of the development consent that from the day on which an occupation certificate is issued for the development—\n> > \n> > > (a) the boarding house must be used for affordable housing, and\n> > \n> > > (b) the boarding house must be managed by a registered community housing provider in accordance with a plan of management, and\n> > \n> > > (c) notice of a change in the registered community housing provider who manages the boarding house must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and\n> > \n> > > (d) notice of a change to the plan of management must be given to the consent authority no later than 3 months after the change, and\n> > \n> > > (e) the registered community housing provider who manages the boarding house must apply the Affordable Housing Guidelines.","sortOrder":111},{"sectionNumber":"84","sectionType":"section","heading":"Residential flat buildings—social housing providers, public authorities and joint ventures","content":"#### 84 Residential flat buildings—social housing providers, public authorities and joint ventures\n\n84 Residential flat buildings—social housing providers, public authorities and joint ventures\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 5, other than development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.\n> \n> > (2) It is a condition of the development consent that before the issue of an occupation certificate for the development—\n> > \n> > > (a) a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure the requirements in subsection (3)(a) and (b) are met, and\n> > \n> > > (b) evidence of an agreement with a registered community housing provider for the management of the residential flat building must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and\n> > \n> > > (c) evidence that the requirements in paragraph (a) and (b) have been met must be given to the consent authority.\n> \n> > (3) It is a condition of the development consent that during the relevant period—\n> > \n> > > (a) 50% of the dwellings to which the development consent relates must be used for affordable housing (the affordable housing dwellings), and\n> > \n> > > (b) the affordable housing dwellings must be managed by a registered community housing provider, and\n> > \n> > > (c) notice of a change in the registered community housing provider who manages the affordable housing dwellings must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and\n> > \n> > > (d) the registered community housing provider who manages the affordable housing dwellings must apply the Affordable Housing Guidelines.\n> \n> > (4) In this section—\n> > \n> > relevant period means a period of 15 years commencing on the day on which an occupation certificate is issued for all parts of the building or buildings to which the development consent relates.\n> \n> **s 84:** Am 2022 (448), sec 3(4); 2023 (662), Sch 1\\[10\\].","sortOrder":112},{"sectionNumber":"85","sectionType":"section","heading":"Co-living housing","content":"#### 85 Co-living housing\n\n85 Co-living housing\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 3.\n> \n> > (2) It is a condition of the development consent that from the day on which an occupation certificate is issued for the development—\n> > \n> > > (a) the co-living housing must be managed in accordance with a plan of management by a managing agent who is contactable 24 hours a day, and\n> > \n> > > (b) notice of a change to the plan of management must be given to the consent authority no later than 3 months after the change, and\n> > \n> > > (c) private rooms and communal living areas in the co-living housing must contain appropriate furniture and fittings, maintained in a reasonable state of repair, for the use of residents.","sortOrder":113},{"sectionNumber":"86","sectionType":"section","heading":"Seniors housing","content":"#### 86 Seniors housing\n\n86 Seniors housing\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 5.\n> \n> > (2) It is a condition of the development consent that, before the issue of the occupation certificate for the development, a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure that the requirement in subsection (3) is met.\n> \n> > (3) It is a condition of the development consent that, from the day on which an occupation certificate is issued for the development, only the following persons may occupy the accommodation to which the development consent relates—\n> > \n> > > (a) seniors or people who have a disability,\n> > \n> > > (b) people who live in the same household with seniors or people who have a disability,\n> > \n> > > (c) staff employed to assist in the administration and provision of services to the accommodation.","sortOrder":114},{"sectionNumber":"86A","sectionType":"section","heading":"Residential flat buildings and shop top housing in Transport Oriented Development Areas","content":"#### 86A Residential flat buildings and shop top housing in Transport Oriented Development Areas\n\n86A Residential flat buildings and shop top housing in Transport Oriented Development Areas\n\n> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 5 to which that policy, section 156 applies.\n> \n> > (2) It is a condition of the development consent that before the issue of an occupation certificate for the development—\n> > \n> > > (a) a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure the requirements of subsection (3)(a) and (b) are met, and\n> > \n> > > (b) evidence of an agreement with a registered community housing provider for the management of the affordable housing must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and\n> > \n> > > (c) evidence that the requirements of paragraphs (a) and (b) have been met must be given to the consent authority.\n> \n> > (3) It is a condition of the development consent that—\n> > \n> > > (a) the gross floor area required to be used for affordable housing under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 156 must be used for affordable housing in perpetuity, and\n> > \n> > > (b) the affordable housing must be managed by a registered community housing provider in perpetuity, and\n> > \n> > > (c) notice of a change in the registered community housing provider who manages the affordable housing must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and\n> > \n> > > (d) the registered community housing provider who manages the affordable housing must apply the Affordable Housing Guidelines.\n> \n> **s 86A:** Ins 2024 (134), Sch 1.","sortOrder":115},{"sectionNumber":"87","sectionType":"section","heading":"Notice of determination of development application","content":"#### 87 Notice of determination of development application\n\n87 Notice of determination of development application\n\n> > (1) Within 14 days after determining a development application, the consent authority must give written notice of the determination to the following—\n> > \n> > > (a) the applicant,\n> > \n> > > (b) each person referred to in the Act, section 4.18(1)(b),\n> > \n> > > (c) each person who made a submission about the development application under the Act, whether or not the development was designated development,\n> > \n> > > (d) for development that required concurrence under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), Part 7 or under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), Part 7A—the person whose concurrence was required,\n> > \n> > > (e) for a development on land owned by a Local Aboriginal Land Council—the New South Wales Aboriginal Land Council,\n> > \n> > > (f) for integrated development—the relevant approval body, as required under the Act, section 4.47(6).\n> \n> > (2) Within 7 days after determining a development application to which [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 5, section 5.17 applies, the consent authority must give written notice of the determination to the chief executive of the applicable Port Operator, within the meaning of that Chapter.\n> \n> > (3) Notice under subsection (1)(a) must be given through the NSW planning portal.\n> \n> > (4) Notice under subsection (1)(d) or (f) may be given through the NSW planning portal.\n> \n> > (4A) Notice must be given in the approved form if the consent authority is—\n> > \n> > > (a) a council, or\n> > \n> > > (b) a council exercising consent authority functions of a Sydney district or regional planning panel on behalf of the panel under the Act, section 4.7, or\n> > \n> > > (c) a local planning panel or an officer or employee exercising functions on behalf of a council under the Act, section 4.8.\n> \n> > (4B) Subsection (4A) does not apply to a notice for—\n> > \n> > > (a) State significant development, or\n> > \n> > > (b) Crown development.\n> \n> > (5) Failure to give the notice within the period required under this section does not affect the validity of the notice or the development consent to which it relates.\n> \n> **s 87:** Am 2022 (40), Sch 1\\[21\\] \\[22\\]; 2022 (530), Sch 1\\[1\\].","sortOrder":117},{"sectionNumber":"88","sectionType":"section","heading":"Content of notice of determination","content":"#### 88 Content of notice of determination\n\n88 Content of notice of determination\n\n> > (1) The notice of the determination of a development application given under section 87(1)(a), (d), (e) or (f) or (2) must contain the following information—\n> > \n> > > (a) whether the application is granted or refused,\n> > \n> > > (b) if the application is refused—the consent authority’s reasons for the refusal,\n> > \n> > > (c) if the application is granted with conditions, including conditions under the Act, section 4.17(11)—\n> > > \n> > > > (i) the terms of the conditions, and\n> > > \n> > > > (ii) for conditions other than the conditions prescribed under the Act, section 4.17(11)—the consent authority’s reasons for imposing the conditions,\n> > \n> > > (d) the day on which the determination was made,\n> > \n> > > (e) if development consent is granted for a concept development application—whether a subsequent development application is required,\n> > \n> > > (f) if development consent is granted—\n> > > \n> > > > (i) the day from which the development consent operates, and\n> > > \n> > > > (ii) the day on which the development consent lapses, and\n> > > \n> > > > (iii) a copy of any relevant plans or documents endorsed by the consent authority,\n> > \n> > > (g) if the development involves a building but does not require a construction certificate for the development to be carried out—the class of the building under the Building Code of Australia,\n> > \n> > > (h) whether the Independent Planning Commission has conducted a public hearing about the application,\n> > \n> > > (i) which approval bodies have given general terms of approval in relation to the development, as referred to in the Act, section 4.50,\n> > \n> > > (j) whether the applicant has the right to request a review of the determination under the Act, section 8.3,\n> > \n> > > (k) whether the applicant has a right of appeal against the determination under the Act, Part 8,\n> > \n> > > (l) whether an objector has a right of appeal against the determination under the Act.\n> \n> > (2) The notice must clearly refer to the registered number of the development application.\n> \n> > (3) If a development consent is granted subject to a condition that the development consent is not to operate until the applicant satisfies the consent authority, or a person specified by the consent authority, about a matter specified in the condition—\n> > \n> > > (a) the day from which the development consent operates must not be endorsed on the notice of determination, and\n> > \n> > > (b) if the applicant satisfies the consent authority, or person, about the matter, the consent authority must notify the applicant of the day from which the development consent operates.\n> \n> **s 88:** Am 2022 (530), Sch 1\\[2\\].","sortOrder":118},{"sectionNumber":"89","sectionType":"section","heading":"Additional information relating to local infrastructure contributions","content":"#### 89 Additional information relating to local infrastructure contributions\n\n89 Additional information relating to local infrastructure contributions\n\n> > (1) This section applies to the notice of the determination of a development application given to the applicant under section 87(1)(a), if the development consent is granted subject to—\n> > \n> > > (a) a condition under the Act, section 7.11 requiring the dedication of land or the payment of a monetary contribution, or both, or\n> > \n> > > (b) a condition under the Act, section 7.12 requiring the payment of a levy.\n> \n> > (2) The notice must also specify—\n> > \n> > > (a) if the condition was imposed under a contributions plan—\n> > > \n> > > > (i) the name of the contributions plan under which the condition is imposed, and\n> > > \n> > > > (ii) that the contributions plan is available on the council’s website, and\n> > \n> > > (b) for a condition under the Act, section 7.11—the specific public amenity or public service in relation to which the condition is imposed.","sortOrder":119},{"sectionNumber":"90","sectionType":"section","heading":"Content of notice of determination for persons who made submissions","content":"#### 90 Content of notice of determination for persons who made submissions\n\n90 Content of notice of determination for persons who made submissions\n\n> > (1) This section applies to notice of the determination of a development application given to a person under section 87(1)(b) or (c).\n> \n> > (2) The notice must contain the following information—\n> > \n> > > (a) whether the application has been granted or refused,\n> > \n> > > (b) if development consent is granted—\n> > > \n> > > > (i) the day from which the development consent operates, and\n> > > \n> > > > (ii) the day on which the development consent lapses,\n> > \n> > > (c) whether the Independent Planning Commission has conducted a public hearing about the application,\n> > \n> > > (d) which approval bodies have given general terms of approval in relation to the development, as referred to in the Act, section 4.50,\n> > \n> > > (e) whether the applicant has the right to request a review of the determination under the Act, section 8.3,\n> > \n> > > (f) whether the applicant has a right of appeal against the determination under the Act, Part 8,\n> > \n> > > (g) whether an objector has a right of appeal against the determination under the Act,\n> > \n> > > (h) how the person may access more information about the development application.\n> \n> > (3) The notice must clearly refer to the registered number of the development application.\n> \n> > (4) Failure to give the notice within 14 days does not affect the validity of the notice or a development consent to which it relates.","sortOrder":120},{"sectionNumber":"90A","sectionType":"section","heading":"Notice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b)","content":"#### 90A Notice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b)\n\n90A Notice to Planning Secretary about development involving contravention of development standards—the Act, ss 2.20(3)(c) and 10.13(1)(b)\n\n> > (1) This section applies to a development application that—\n> > \n> > > (a) proposes, in accordance with a relevant EPI provision, development that contravenes a development standard imposed by any environmental planning instrument, and\n> > \n> > > (b) is determined by a council, local planning panel or Sydney district or regional planning panel.\n> \n> > (2) As soon as practicable after the development application is determined, the council of the area in which the development is proposed to be carried out must notify the Planning Secretary of the council’s or panel’s reasons for approving or refusing the contravention of the development standard.\n> \n> > (3) The notice must be given to the Planning Secretary through the NSW planning portal.\n> \n> > (4) To avoid doubt, this section applies whether or not development consent is granted.\n> \n> > (5) In this section—\n> > \n> > relevant EPI provision has the same meaning as in section 35B.\n> \n> **s 90A:** Ins 2023 (513), Sch 1\\[2\\].","sortOrder":121},{"sectionNumber":"91","sectionType":"section","heading":"Time for determining development applications","content":"#### 91 Time for determining development applications\n\n91 Time for determining development applications\n\n> > (1) A consent authority is taken to have refused development consent if it has not determined the development application within the assessment period calculated in accordance with this Division.\n> \n> > (2) The assessment period is 60 days for a development application—\n> > \n> > > (a) for designated development, or\n> > \n> > > (b) for integrated development, other than integrated development that is Class 1 aquaculture development, or\n> > \n> > > (c) for development requiring concurrence, or\n> > \n> > > (d) that is accompanied by a biodiversity development assessment report under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) that proposes to reduce the number of biodiversity credits required to be retired.\n> \n> > (3) The assessment period is 90 days for a development application for State significant development.\n> \n> > (4) The assessment period is 40 days for all other development applications, other than a Crown development application referred to in section 95.","sortOrder":123},{"sectionNumber":"92","sectionType":"section","heading":"Commencement of assessment period","content":"#### 92 Commencement of assessment period\n\n92 Commencement of assessment period\n\n> > (1) The assessment period for a development application commences on the day on which the development application is lodged.\n> \n> > (2) If a public hearing is conducted by the Independent Planning Commission into a development or part of a development, the assessment period for the development application commences on the day on which the Independent Planning Commission’s final report is published on the NSW planning portal, as required under the Act, Schedule 2, clause 6.","sortOrder":124},{"sectionNumber":"93","sectionType":"section","heading":"Additional days for certain assessment periods","content":"#### 93 Additional days for certain assessment periods\n\n93 Additional days for certain assessment periods\n\n> > (1) The assessment period for a development application for the following development is increased by the number of days by which the public exhibition period for the development application exceeds the minimum period required under the Act—\n> > \n> > > (a) designated development,\n> > \n> > > (b) nominated integrated development,\n> > \n> > > (c) threatened species development,\n> > \n> > > (d) State significant development.\n> \n> > (2) If the public exhibition period for a development application for development specified in subsection (1) exceeds the minimum period required under the Act, the consent authority must notify the applicant of the dates of the public exhibition period and the effect of subsection (1).","sortOrder":125},{"sectionNumber":"94","sectionType":"section","heading":"Circumstances in which the assessment period ceases to run","content":"#### 94 Circumstances in which the assessment period ceases to run\n\n94 Circumstances in which the assessment period ceases to run\n\n> > (1) The assessment period for a development application for State significant development ceases to run during the period between the day on which the Planning Secretary requests a written response to submissions from the applicant under section 59 and the earlier of—\n> > \n> > > (a) the day on which the response is given to the Planning Secretary, or\n> > \n> > > (b) the day on which the applicant gives, or is taken to have given, written notice to the Planning Secretary that a response will not be given.\n> \n> > (2) The assessment period for a development application ceases to run during the period between the day on which a consent authority requests additional information from an applicant under section 36 and the earlier of—\n> > \n> > > (a) the day on which the information is given to the consent authority, or\n> > \n> > > (b) the day on which the applicant gives, or is taken to have given, written notice to the consent authority that the information will not be given.\n> \n> > (3) Subsection (2) applies only if the consent authority’s request is made within 25 days after the day on which the development application is lodged.\n> \n> > (4) The assessment period for integrated development that requires an Aboriginal heritage impact permit under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) ceases to run during the period of Aboriginal community consultation required under that Act that occurs within 46 days after the day on which the development application is lodged.\n> \n> > (5) Subsection (4) applies only if the Aboriginal community consultation commences within 25 days after the day on which the development application is given to the approval body under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (6) The assessment period for development requiring the concurrence of a concurrence authority or the approval of an approval body ceases to run during the period between the day on which the concurrence authority or approval body requests additional information from a consent authority under section 43 or 52 and the earlier of—\n> > \n> > > (a) the day on which the consent authority gives the information to the concurrence authority or approval body, or\n> > \n> > > (b) the day on which the consent authority gives, or is taken to have given, written notice to the concurrence authority or approval body that the information will not be given.\n> \n> > (7) Subsection (6) applies only if the concurrence authority or approval body makes the request to the consent authority within 25 days after the request for concurrence or approval is received by the concurrence authority or approval body from the consent authority.","sortOrder":126},{"sectionNumber":"95","sectionType":"section","heading":"Time for determining Crown development applications","content":"#### 95 Time for determining Crown development applications\n\n95 Time for determining Crown development applications\n\n> > (1) For the purposes of the Act, section 4.33(2), the prescribed period is 70 days after the day on which the Crown development application is lodged.\n> \n> > (2) For the purposes of the Act, section 4.33(5), the prescribed period is 50 days after the Crown development application is referred to the applicable Sydney district or regional planning panel under the Act, section 4.33(2)(b).","sortOrder":127},{"sectionNumber":"96","sectionType":"section","heading":"When work is physically commenced—the Act, s 4.53(7)","content":"#### 96 When work is physically commenced—the Act, s 4.53(7)\n\n96 When work is physically commenced—the Act, s 4.53(7)\n\n> > (1) Work is not taken to have been physically commenced merely by the doing of 1 or more of the following—\n> > \n> > > (a) creating a bore hole for soil testing,\n> > \n> > > (b) removing water or soil for testing,\n> > \n> > > (c) carrying out survey work, including the placing of pegs or other survey equipment,\n> > \n> > > (d) acoustic testing,\n> > \n> > > (e) removing vegetation as an ancillary activity,\n> > \n> > > (f) marking the ground to indicate how land will be developed.\n> \n> > (2) This section does not apply to a development consent granted before 15 May 2020.","sortOrder":129},{"sectionNumber":"97","sectionType":"section","heading":"Validity of development consents—the Act, s 4.59","content":"#### 97 Validity of development consents—the Act, s 4.59\n\n97 Validity of development consents—the Act, s 4.59\n\n> A notice relating to the granting of a development consent that describes the land and the development must be published on the consent authority’s website.","sortOrder":130},{"sectionNumber":"97A","sectionType":"section","heading":"Conditions relating to noise at licensed premises","content":"#### 97A Conditions relating to noise at licensed premises\n\n97A Conditions relating to noise at licensed premises\n\n> > (1) A condition of a development consent that regulates noise generated from licensed premises ceases to have effect to the extent the condition relates to noise arising from the matters set out in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), section 79B(1)(a) or (b).\n> \n> > (2) Subsection (1) does not apply to a condition of the following—\n> > \n> > > (a) a development consent to carry out State significant development,\n> > \n> > > (b) a complying development certificate,\n> > \n> > > (c) a development consent granted by the Minister under the Act, Part 4, Division 4.3.\n> \n> **s 97A:** Ins 2023 No 53, Sch 4.2. Subst 2024 (562), Sch 1.","sortOrder":131},{"sectionNumber":"Part 5","sectionType":"part","heading":"Modification of development consents—the Act, ss 4.55, 4.56 and 4.57","content":"# Part 5 Modification of development consents—the Act, ss 4.55, 4.56 and 4.57\n\nPart 5 Modification of development consents—the Act, ss 4.55, 4.56 and 4.57","sortOrder":132},{"sectionNumber":"98","sectionType":"section","heading":"Modification applications for development","content":"#### 98 Modification applications for development\n\n98 Modification applications for development\n\n> > (1) A modification application may be made by—\n> > \n> > > (a) the owner of the land to which the modification application relates, or\n> > \n> > > (b) another person, with the consent of the owner of the land.\n> \n> > (2) The consent of the owner is not required if the original development application was made, or could have been made, without the consent of the owner.\n> \n> > (3) The consent of the owner of the land is not required for a modification application made by a public authority, or a modification application for public notification development, if the applicant complies with subsections (4) and (5).\n> \n> > (4) The applicant must give notice of the modification application—\n> > \n> > > (a) to the owner of the land before the modification application is made, or\n> > \n> > > (b) by publishing, no later than 14 days after the modification application is made. a notice in a newspaper circulating in the area in which the development will be carried out.\n> \n> > (5) If the applicant gives notice under subsection (4)(b), the applicant must also, no later than 14 days after the application is made—\n> > \n> > > (a) if the applicant is a public authority—publish the notice on the public authority’s website, or\n> > \n> > > (b) for public notification development—arrange for the consent authority to publish the notice on the NSW planning portal.\n> \n> > (6) A modification application relating to land owned by a Local Aboriginal Land Council may be made only with the consent of the New South Wales Aboriginal Land Council.\n> \n> > (7) A development consent may not be modified by the Court under the Act, section 4.55 if a modification application has been made to the consent authority under the Act, section 4.56 and has not been withdrawn.","sortOrder":134},{"sectionNumber":"99","sectionType":"section","heading":"Making a modification application","content":"#### 99 Making a modification application\n\n99 Making a modification application\n\n> > (1) A modification application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain all the information and documents required by—\n> > > \n> > > > (i) the approved form, and\n> > > \n> > > > (ii) the Act or this Regulation, and\n> > \n> > > (c) be submitted on the NSW planning portal.\n> \n> > (2) If the modification application is for State significant development—\n> > \n> > > (a) the application must also include particulars of the nature of the modification, and\n> > \n> > > (b) the applicant must have regard to the State Significant Development Guidelines in preparing the application.\n> \n> > (3) The fees payable for a modification application are specified in Schedule 4 and determined in accordance with Part 13.\n> \n> > (4) A modification application is lodged—\n> > \n> > > (a) on the day on which the fees payable for the modification application under this Regulation are paid, or\n> > \n> > > (b) if the applicant is notified under Part 13 that no fee is payable—on the day the applicant submitted the application on the NSW planning portal.\n> \n> > (5) A fee is not payable for an application for the modification of a development consent granted by the Court on appeal from a consent authority.\n> \n> **s 99:** Am 2022 (142), Sch 1\\[1\\].","sortOrder":135},{"sectionNumber":"100","sectionType":"section","heading":"Content of modification application","content":"#### 100 Content of modification application\n\n100 Content of modification application\n\n> > (1) A modification application must contain the following information—\n> > \n> > > (a) the name and address of the applicant,\n> > \n> > > (b) a description of the development that will be carried out under the development consent,\n> > \n> > > (c) the address and folio identifier of the land on which the development will be carried out,\n> > \n> > > (d) a description of the modification to the development consent, including the name, number and date of plans that have changed, to enable the consent authority to compare the development with the development originally approved,\n> > \n> > > (e) whether the modification is intended to—\n> > > \n> > > > (i) merely correct a minor error, misdescription or miscalculation, or\n> > > \n> > > > (ii) have another effect specified in the modification application,\n> > \n> > > (f) a description of the expected impacts of the modification,\n> > \n> > > (g) an undertaking that the modified development will remain the same or substantially the same as the development originally approved,\n> > \n> > > (h) for a modification application that is accompanied by a biodiversity development assessment report—the biodiversity credits information,\n> > \n> > > (i) if the applicant is not the owner of the land—a statement that the owner consents to the making of the modification application,\n> > \n> > > (j) whether the modification application is being made to—\n> > > \n> > > > (i) the Court under the Act, section 4.55, or\n> > > \n> > > > (ii) the consent authority under the Act, section 4.56.\n> \n> > (2) Subsection (1)(i) does not apply if the consent of the owner is not required under section 98.\n> \n> > (3) If a modification application under the Act, section 4.55(1A) or (2) relates to BASIX development, or BASIX optional development if the development application was accompanied by a BASIX certificate, the application must be accompanied by—\n> > \n> > > (a) the BASIX certificate, or\n> > \n> > > (b) a new BASIX certificate if the current BASIX certificate is no longer consistent with the development.\n> \n> > (4) In this section—\n> > \n> > biodiversity credits information, in relation to a modification application, means the reasonable steps taken to obtain the like-for-like biodiversity credits required to be retired under a biodiversity development assessment report if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).\n> \n> **s 100:** Am 2025 No 24, Sch 2\\[1\\].","sortOrder":136},{"sectionNumber":"101","sectionType":"section","heading":"Exception for Penrith Lakes Development Corporation development consents","content":"#### 101 Exception for Penrith Lakes Development Corporation development consents\n\n101 Exception for Penrith Lakes Development Corporation development consents\n\n> > (1) This section applies to a modification application that relates to a Penrith Lakes Development Corporation development consent if the modification relates only to part of the land to which the development consent applies.\n> \n> > (2) The requirement for the owner’s consent under section 98 is a requirement for the consent of the owner of the part of the land to which the modification relates only.\n> \n> > (3) In this section—\n> > \n> > Penrith Lakes Development Corporation development consent means the development consents DA2, DA3 and DA4 granted to the Penrith Lakes Development Corporation Limited in relation to land to which [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 5 applies on 24 February 1987, 27 June 1995 and 9 September 1998, respectively.\n> \n> **s 101:** Am 2022 (40), Sch 1\\[23\\].","sortOrder":137},{"sectionNumber":"102","sectionType":"section","heading":"Modification applications for residential apartment development consents","content":"#### 102 Modification applications for residential apartment development consents\n\n102 Modification applications for residential apartment development consents\n\n> > (1) A modification application under the Act, section 4.55(2) or 4.56(1), where the original development application was required to be accompanied by a statement by a qualified designer under section 29, must be accompanied by—\n> > \n> > > (a) the additional fee specified in Schedule 4, and\n> > \n> > > (b) a statement by a qualified designer.\n> \n> > (2) The statement must—\n> > \n> > > (a) verify that the qualified designer designed, or directed the design of, the modification of the development, and\n> > \n> > > (b) verify if the qualified designer designed, or directed the design of, the development for which the original development consent was granted (the original development), and\n> > \n> > > (c) explain how the development addresses—\n> > > \n> > > > (i) the design principles for residential apartment development, and\n> > > \n> > > > (ii) the objectives in the Apartment Design Guide, and\n> > \n> > > (d) verify that the modification does not—\n> > > \n> > > > (i) diminish or detract from the design quality of the original development, or\n> > > \n> > > > (ii) compromise the design intent of the original development.\n> \n> > (3) If the modification application is accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim—\n> > \n> > > (a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—\n> > > \n> > > > (i) the building, or\n> > > \n> > > > (ii) the land on which the building is located, or\n> > \n> > > (b) to improve the thermal performance of the development, or\n> > \n> > > (c) to quantify and report on the embodied emissions attributable to the development.\n> \n> > (4)–(7) (Repealed)\n> \n> > (8) The additional fee payable for a modification application that is referred to a design review panel for advice is specified in Schedule 4.\n> > \n> > Note—\n> > \n> > See [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 4 in relation to referrals of modification applications to design review panels.\n> \n> > (9) This section does not apply to a modification application for development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 7 applies.\n> \n> **s 102:** Am 2022 (520), Sch 2\\[5\\]; 2023 (662), Sch 1\\[11\\]–\\[14\\]; 2025 (634), Sch 1\\[3\\].","sortOrder":138},{"sectionNumber":"103","sectionType":"section","heading":"Modification applications for mining and petroleum development consents","content":"#### 103 Modification applications for mining and petroleum development consents\n\n103 Modification applications for mining and petroleum development consents\n\n> > (1) This section applies to an application under the Act, section 4.55(2), to modify a development consent that relates to mining or petroleum development on land—\n> > \n> > > (a) shown on the Strategic Agricultural Land Map, or\n> > \n> > > (b) subject to a site verification certificate.\n> \n> > (2) The application must be accompanied by—\n> > \n> > > (a) for development on land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate that applies to the development to be carried out under the modified consent, or\n> > \n> > > (b) for development on other land—\n> > > \n> > > > (i) a current gateway certificate that applies to the development to be carried out under the modified consent, or\n> > > \n> > > > (ii) a site verification certificate certifying that the land on which the development will be carried out is not biophysical strategic agricultural land.\n> \n> > (3) To avoid doubt, [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4, other than Divisions 2 and 5, applies, with necessary modifications, to an application to modify a development consent as if it were a development application.\n> \n> > (4) To avoid doubt, a site verification certificate or gateway certificate for the purposes of this section may be issued in relation to the part of the land or the part of the development to which the modification relates, rather than the whole of the land or the whole development to which the consent relates.\n> \n> **s 103:** Am 2022 (40), Sch 1\\[24\\].","sortOrder":139},{"sectionNumber":"103A","sectionType":"section","heading":"Modification applications for Pattern Book development","content":"#### 103A Modification applications for Pattern Book development\n\n103A Modification applications for Pattern Book development\n\n> > (1) A modification application under the Act, section 4.55(2) or 4.56(1), where the original development application was required to be accompanied by a statement by a qualified designer under section 36A, must be accompanied by—\n> > \n> > > (a) the additional fee specified in Schedule 4, and\n> > \n> > > (b) a written statement by a qualified designer.\n> \n> > (2) The written statement must provide—\n> > \n> > > (a) which of the following types of development the application relates to—\n> > > \n> > > > (i) development for the purposes of residential flat buildings,\n> > > \n> > > > (ii) development for the purposes of shop top housing, and\n> > \n> > > (b) the mid-rise housing pattern selected for that type of development, and\n> > \n> > > (c) that the proposed modification to the development will comply with the development standards, location requirements, technical drawing set and technical information specified in that pattern.\n> \n> > (3) In this section—\n> > \n> > mid-rise housing pattern has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 181.\n> \n> **s 103A:** Ins 2025 (634), Sch 1\\[3\\].","sortOrder":140},{"sectionNumber":"104","sectionType":"section","heading":"Consent authority may request additional information from applicant","content":"#### 104 Consent authority may request additional information from applicant\n\n104 Consent authority may request additional information from applicant\n\n> > (1) A consent authority that receives a modification application may request additional information about the development from the applicant.\n> \n> > (2) A consent authority’s request must—\n> > \n> > > (a) be made through the NSW planning portal, and\n> > \n> > > (b) specify a reasonable period within which the additional information must be given to the consent authority, and\n> > \n> > > (c) specify the number of days in the assessment period that have elapsed, and\n> > \n> > > (d) inform the applicant that the assessment period ceases to run, in accordance with Division 4, during the period between—\n> > > \n> > > > (i) the request, and\n> > > \n> > > > (ii) the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.\n> \n> > (3) The applicant may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.\n> \n> > (4) The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—\n> > \n> > > (a) the period specified under subsection (2)(b), or\n> > \n> > > (b) a further period allowed by the consent authority.\n> \n> > (5) In this section—\n> > \n> > additional information, in relation to a modification application, means information the consent authority considers necessary to properly consider the modification application.\n> \n> **s 104:** Am 2022 (702), Sch 1\\[7\\]; 2023 (350), Sch 1\\[1\\].","sortOrder":141},{"sectionNumber":"105","sectionType":"section","heading":"Notice of modification applications involving minimal environmental impact","content":"#### 105 Notice of modification applications involving minimal environmental impact\n\n105 Notice of modification applications involving minimal environmental impact\n\n> > (1) This section applies to—\n> > \n> > > (a) a modification application under the Act, section 4.55(1A), and\n> > \n> > > (b) a modification application under the Act, section 4.56, if the modification has, in the consent authority’s opinion, minimal environmental impact.\n> \n> > (2) If a modification application is required by a community participation plan to be notified or advertised and the development consent was granted by the Court on appeal, the modification application must be notified or advertised by the consent authority to which the original development application was made.\n> \n> > (3) The consent authority must, for a modification application referred to in subsection (1)(b), notify the Court of—\n> > \n> > > (a) the way in which the application was notified or advertised, and\n> > \n> > > (b) the period for submissions required by the community participation plan, and\n> > \n> > > (c) the period during which the application was notified or advertised.\n> \n> > (4) This section does not apply to State significant development.\n> \n> **s 105:** Am 2025 No 24, Sch 2\\[2\\]; 2025 No 71, Sch 2\\[9\\] \\[10\\].","sortOrder":143},{"sectionNumber":"106","sectionType":"section","heading":"Notice of modification applications for designated development, State significant development and other development","content":"#### 106 Notice of modification applications for designated development, State significant development and other development\n\n106 Notice of modification applications for designated development, State significant development and other development\n\n> > (1) This section applies to a modification application under the Act, section 4.55(2) or 4.56(1) if the original development application was for—\n> > \n> > > (a) designated development, or\n> > \n> > > (b) State significant development, or\n> > \n> > > (c) the following development, if the original development application was made to a consent authority other than a council—\n> > > \n> > > > (i) nominated integrated development,\n> > > \n> > > > (ii) threatened species development,\n> > > \n> > > > (iii) Class 1 aquaculture development.\n> \n> > (2) As soon as practicable after a modification application is lodged, the consent authority must—\n> > \n> > > (a) publish a notice on its website that contains the following information—\n> > > \n> > > > (i) a brief description of the development consent, the land to which it relates and the details of the modification sought,\n> > > \n> > > > (ii) a statement that written submissions about the modification may be made to the consent authority during the public exhibition period required under the Act,\n> > > \n> > > > (iii) a statement that, if the application is approved, there is no right of appeal to the Court by an objector, and\n> > \n> > > (b) give the notice to each person who made a submission in relation to the original development application.\n> \n> > (3) If an application under the Act, section 4.56 relates to development consent granted by the Court on appeal, the consent authority or council, as the case requires, must notify the Court of the day on which notice of the application is published under subsection (2)(a).","sortOrder":144},{"sectionNumber":"107","sectionType":"section","heading":"Notice of other modification applications","content":"#### 107 Notice of other modification applications\n\n107 Notice of other modification applications\n\n> > (1) This section applies to—\n> > \n> > > (a) a modification application under the Act, section 4.55(2) to which section 106 does not apply, and\n> > \n> > > (b) a modification application under the Act, section 4.56(1) to which sections 105 and 106 do not apply.\n> \n> > (2) An application must be notified or advertised—\n> > \n> > > (a) for the minimum period specified in the Act, Schedule 1, clause 10, and\n> > \n> > > (b) otherwise in the same way as the original development application was notified or advertised.\n> \n> > (3) If an application relates to a development consent that was granted by the Court on appeal, the application must be notified or advertised in accordance with this section by the consent authority to which the original development application was made.\n> \n> > (4) The consent authority must, for an application referred to in subsection (1)(b), notify the Court of—\n> > \n> > > (a) the way in which the application was notified or advertised, and\n> > \n> > > (b) the period for submissions required by the community participation plan, and\n> > \n> > > (c) the period during which the application was notified or advertised.","sortOrder":145},{"sectionNumber":"108","sectionType":"section","heading":"Notice not required in certain circumstances","content":"#### 108 Notice not required in certain circumstances\n\n108 Notice not required in certain circumstances\n\n> > (1) This section applies to a modification application under the Act if the original development application was for the following—\n> > \n> > > (a) nominated integrated development,\n> > \n> > > (b) threatened species development,\n> > \n> > > (c) Class 1 aquaculture development.\n> \n> > (2) The consent authority may decide not to comply with section 105, 106 or 107 (the relevant section) in relation to an amended modification application if the consent authority—\n> > \n> > > (a) complied with the relevant section in relation to the modification application (the original modification application) before it was amended, and\n> > \n> > > (b) considers that the amended modification application differs from the original modification application in minor ways only.\n> \n> > (3) Compliance with the relevant section in relation to the original modification application is taken to be compliance in relation to the amended modification application.\n> \n> > (4) The consent authority must give written notice to the applicant of its decision under this section no later than the notice of the determination of the amended modification application.","sortOrder":146},{"sectionNumber":"109","sectionType":"section","heading":"Notification of concurrence authorities and approval bodies","content":"#### 109 Notification of concurrence authorities and approval bodies\n\n109 Notification of concurrence authorities and approval bodies\n\n> > (1) As soon as practicable after a modification application under the Act, section 4.55(1) or (1A) is lodged, the consent authority must give a copy of the application to—\n> > \n> > > (a) if the modification affects a condition imposed by a concurrence authority—the concurrence authority, and\n> > \n> > > (b) if the modification affects the general terms of approval of an approval body—the approval body.\n> \n> > (2) As soon as practicable after a modification application under the Act, section 4.55(2) is lodged with a consent authority, the consent authority must give a copy of the application to each concurrence authority and approval body for the development to which the application relates.\n> \n> > (3) A consent authority is not required to comply with this section if, within 14 days after the modification application is lodged—\n> > \n> > > (a) the consent authority rejects the application, or\n> > \n> > > (b) the application is withdrawn.","sortOrder":147},{"sectionNumber":"110","sectionType":"section","heading":"Fees payable for notice of modification applications","content":"#### 110 Fees payable for notice of modification applications\n\n110 Fees payable for notice of modification applications\n\n> > (1) The additional fee payable for a modification application in relation to which notice is required to be given under the Act, section 4.55(2) or 4.56(1) is specified in Schedule 4.\n> \n> > (2) The fee is not payable for notice given on the NSW planning portal.","sortOrder":148},{"sectionNumber":"111","sectionType":"section","heading":"Notification of amended modification applications","content":"#### 111 Notification of amended modification applications\n\n111 Notification of amended modification applications\n\n> > (1) This section applies if notice of a modification application is given under this Division and the modification application is subsequently amended under Division 3.\n> \n> > (2) The notice of the modification application must be updated to include details of the amendment.","sortOrder":149},{"sectionNumber":"112","sectionType":"section","heading":"Consent authority to notify or publicly exhibit modification applications","content":"#### 112 Consent authority to notify or publicly exhibit modification applications\n\n112 Consent authority to notify or publicly exhibit modification applications\n\n> A requirement under the Act or this Division to notify or publicly exhibit a modification application must be carried out by—\n> \n> > (a) if the original development consent was granted by the Court—the consent authority to which the original development application was made, or\n> \n> > (b) if the original development consent was granted or deemed to be refused by a Sydney district or regional planning panel—the council or councils of the area in which the development will be carried out, or\n> \n> > (c) if the development consent was granted by the Court on appeal and the original development consent was granted or deemed to be refused by a Sydney district or regional planning panel—the council or councils of the area in which the development will be carried out, or\n> \n> > (d) otherwise—the consent authority to which the modification application is made.","sortOrder":150},{"sectionNumber":"113","sectionType":"section","heading":"Amendment of modification application","content":"#### 113 Amendment of modification application\n\n113 Amendment of modification application\n\n> > (1) An applicant may, at any time before a modification application is determined, apply to the consent authority for an amendment to the modification application.\n> \n> > (2) The application must be made on the NSW planning portal.\n> \n> > (3) If the amendment will result in a change to the proposed modification, the application must contain details of the change, including the name, number and date of any plans that have changed, to enable the consent authority to compare the development with the modification originally proposed.\n> \n> > (4) The consent authority may, through the NSW planning portal, approve or reject the application.\n> \n> > (5) If the consent authority approves the amendment, the modification application is taken to be lodged on the day on which the applicant applied for the amendment if the consent authority—\n> > \n> > > (a) considers the amendment not to be minor, and\n> > \n> > > (b) notifies the applicant, through the NSW planning portal, that the later day applies.\n> \n> > (6) A requirement to use the NSW planning portal under this section does not apply if the modification application is subject to proceedings in the Court.\n> \n> **s 113:** Am 2022 (142), Sch 1\\[4\\]; 2023 (350), Sch 1\\[2\\].","sortOrder":152},{"sectionNumber":"114","sectionType":"section","heading":"Rejection of modification applications","content":"#### 114 Rejection of modification applications\n\n114 Rejection of modification applications\n\n> > (1) A consent authority may reject a modification application for development other than State significant development within 14 days after receiving the application if—\n> > \n> > > (a) the application is illegible or unclear about the modification sought, or\n> > \n> > > (b) the application does not specify the conditions of the development consent proposed to be modified, or\n> > \n> > > (c) the application does not contain the information and documents required by—\n> > > \n> > > > (i) the approved form, or\n> > > \n> > > > (ii) the Act or this Regulation, or\n> > \n> > > (d) for an application for integrated development—the application does not identify all of the approvals required to be obtained, as referred to in the Act, section 4.46, before the development may be carried out.\n> \n> > (2) A consent authority may reject a modification application for State significant development within 7 days after receiving the application if—\n> > \n> > > (a) the application does not contain the information and documents required by—\n> > > \n> > > > (i) the approved form, or\n> > > \n> > > > (ii) the Act or this Regulation, or\n> > \n> > > (b) the Planning Secretary considers the application incomplete for reasons given by written notice to the applicant.\n> \n> > (3) The consent authority must give the applicant written notice of the reasons for rejecting the application.\n> \n> > (4) A modification application rejected under this section is taken, for the purposes of the Act, never to have been made.\n> \n> > (5) Immediately after rejecting a modification application for integrated development or development for which concurrence was required, the consent authority must notify each relevant approval body or concurrence authority.\n> \n> > (6) Subsection (5) applies only if the consent authority has already notified the approval body or concurrence authority under section 109.","sortOrder":153},{"sectionNumber":"115","sectionType":"section","heading":"Withdrawal of applications for modifications","content":"#### 115 Withdrawal of applications for modifications\n\n115 Withdrawal of applications for modifications\n\n> > (1) An applicant for a modification application may, at any time before the application is determined, withdraw the application by giving written notice to the consent authority.\n> \n> > (2) A modification application withdrawn under this section is taken, for the purposes of the Act, never to have been made.\n> \n> > (3) Immediately after the withdrawal of a modification application for integrated development or development requiring concurrence, the consent authority must notify each relevant approval body or concurrence authority of the withdrawal.\n> \n> > (4) Subsection (3) applies only if the consent authority has already notified the approval body or concurrence authority under section 109.","sortOrder":154},{"sectionNumber":"116","sectionType":"section","heading":"Application for extension of development consent","content":"#### 116 Application for extension of development consent\n\n116 Application for extension of development consent\n\n> > (1) An application under the Act, section 4.54 for an extension of 1 year must—\n> > \n> > > (a) identify the development consent to which it relates, and\n> > \n> > > (b) indicate why the consent authority should extend the time.\n> \n> > (2) The application must be submitted on the NSW planning portal.","sortOrder":155},{"sectionNumber":"116A","sectionType":"section","heading":"Revocation or modification of development consent","content":"#### 116A Revocation or modification of development consent\n\n116A Revocation or modification of development consent\n\n> For the Act, section 4.57(1)(a)(ii), the period of 25 years is prescribed.\n> \n> **s 116A:** Ins 2025 No 71, Sch 2\\[12\\].","sortOrder":156},{"sectionNumber":"117","sectionType":"section","heading":"Notice of proposed revocation or modification of consent","content":"#### 117 Notice of proposed revocation or modification of consent\n\n117 Notice of proposed revocation or modification of consent\n\n> > (1) For the purposes of the Act, section 4.57(3)(a)(ii), the Secretary of the Department of Customer Service is prescribed in relation to a proposed revocation or modification of a development consent that affects—\n> > \n> > > (a) the transfer, alteration, repair or extension of water service pipes, or\n> > \n> > > (b) the carrying out of sanitary plumbing work, sanitary drainage work or stormwater drainage work.\n> \n> > (2) The notice of the proposed revocation or modification of a development consent must contain the reasons for the proposed revocation or modification.","sortOrder":157},{"sectionNumber":"118","sectionType":"section","heading":"Notice of determination of application to modify development consent","content":"#### 118 Notice of determination of application to modify development consent\n\n118 Notice of determination of application to modify development consent\n\n> > (1) Notice of the determination of a modification application must be given to the applicant, through the NSW planning portal, as soon as practicable after the determination.\n> \n> > (2) Notice of the determination of an application to grant a modification of a development consent must—\n> > \n> > > (a) contain a copy of relevant plans or documents endorsed by the consent authority, and\n> > \n> > > (b) be given in the approved form if the consent authority is—\n> > > \n> > > > (i) a council, or\n> > > \n> > > > (ii) a council exercising consent authority functions of a Sydney district or regional planning panel on behalf of the panel under the Act, section 4.7, or\n> > > \n> > > > (iii) a local planning panel or an officer or employee exercising functions on behalf of a council under the Act, section 4.8.\n> \n> > (2A) Subsection (2)(b) does not apply to a notice for—\n> > \n> > > (a) State significant development, or\n> > \n> > > (b) Crown development.\n> \n> > (3) If the determination is made subject to a condition or by refusing the application, the notice must—\n> > \n> > > (a) indicate the consent authority’s reasons for the imposition of the condition or the refusal, and\n> > \n> > > (b) specify any right the applicant has to request a review or to appeal against the determination under the Act, Part 8.\n> \n> > (4) If a modification application applies to land owned by a Local Aboriginal Land Council, a notice of the determination must also be given to the New South Wales Aboriginal Land Council.\n> \n> > (5) A consent authority that grants an application for modification of a development consent must give a modified development consent to the applicant that complies with any requirements specified by the Planning Secretary in relation to the form and content of modified development consents.\n> \n> **s 118:** Am 2022 (530), Sch 1\\[3\\] \\[4\\].","sortOrder":159},{"sectionNumber":"118A","sectionType":"section","heading":"Failure to determine certain modification applications","content":"#### 118A Failure to determine certain modification applications\n\n118A Failure to determine certain modification applications\n\n> For the Act, section 4.55A(2), the prescribed period is 14 days after the modification application is lodged.\n> \n> **s 118A:** Ins 2025 No 71, Sch 2\\[15\\].","sortOrder":160},{"sectionNumber":"119","sectionType":"section","heading":"Effect of failure to determine modification applications—deemed refusals","content":"#### 119 Effect of failure to determine modification applications—deemed refusals\n\n119 Effect of failure to determine modification applications—deemed refusals\n\n> > (1) For the Act, sections 4.55(6) and 4.56(3), a consent authority is taken to have refused a modification application under the Act, section 4.55(1A) or (2) or 4.56 if the consent authority does not determine the application within 40 days after the modification application is lodged.\n> \n> > (2) A later determination by the consent authority does not prejudice or affect the continuance or determination of a related appeal.\n> \n> > (3) If the consent authority makes a later determination to grant consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have a related appeal withdrawn at any time before the appeal is determined.\n> \n> > (4) The 40-day period specified in subsection (1) ceases to run during the period between the day on which a consent authority requests additional information from an applicant under section 104 and the earlier of—\n> > \n> > > (a) the day on which the information is given to the consent authority, or\n> > \n> > > (b) the day on which the applicant gives, or is taken to have given, written notice to the consent authority that the information will not be given.\n> \n> > (5) Subsection (4) applies only if the consent authority’s request is made within 25 days after the day on which the modification application is lodged.\n> \n> > (6) In this section—\n> > \n> > related appeal means an appeal under the Act, section 8.9 against a determination taken to have been made under subsection (1).\n> \n> **s 119:** Ins 2025 No 71, Sch 2\\[16\\] \\[17\\].","sortOrder":161},{"sectionNumber":"Part 6","sectionType":"part","heading":"Complying development—the Act, Div 4.5 and s 4.64","content":"# Part 6 Complying development—the Act, Div 4.5 and s 4.64\n\nPart 6 Complying development—the Act, Div 4.5 and s 4.64","sortOrder":162},{"sectionNumber":"120","sectionType":"section","heading":"Application for complying development certificate","content":"#### 120 Application for complying development certificate\n\n120 Application for complying development certificate\n\n> > (1) An application for a complying development certificate must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain all the information and documents required by—\n> > > \n> > > > (i) the approved form, and\n> > > \n> > > > (ii) the Act and this Regulation, and\n> > \n> > > (c) be lodged on the NSW planning portal.\n> \n> > (2) The applicant must be notified, through the NSW planning portal, that the application for a complying development certificate has been lodged.\n> \n> > (3) A single application for a complying development certificate may be made for complying development comprising—\n> > \n> > > (a) the erection of a dual occupancy, manor house or multi dwelling housing (terraces) on a lot and the subsequent subdivision of the lot, or\n> > \n> > > (b) the concurrent erection of any of the following on existing adjoining lots—\n> > > \n> > > > (i) new single storey or two storey dwelling houses,\n> > > \n> > > > (ii) dual occupancies,\n> > > \n> > > > (iii) manor houses,\n> > > \n> > > > (iv) multi dwelling housing (terraces).","sortOrder":164},{"sectionNumber":"121","sectionType":"section","heading":"Plans and drawings to accompany complying development certificate application","content":"#### 121 Plans and drawings to accompany complying development certificate application\n\n121 Plans and drawings to accompany complying development certificate application\n\n> > (1) An application for a complying development certificate must be accompanied by the following—\n> > \n> > > (a) a site plan of the land,\n> > \n> > > (b) a drawing of the development.\n> \n> > (2) The site plan of the land must be drawn to a suitable scale and indicate the following—\n> > \n> > > (a) the location, boundary dimensions, site area and north point of the land,\n> > \n> > > (b) existing vegetation and trees on the land,\n> > \n> > > (c) the location and uses of existing buildings on the land,\n> > \n> > > (d) existing levels of the land in relation to buildings and roads,\n> > \n> > > (e) the location and uses of buildings on sites adjoining the land,\n> > \n> > > (f) the location of any registered easement on the land.\n> \n> > (3) The drawing of the development must indicate the following—\n> > \n> > > (a) the location of proposed buildings or works, including extensions or additions to existing buildings or works, in relation to the land’s boundaries and adjoining development,\n> > \n> > > (b) the floor plans of proposed buildings showing the layout, partitioning, room sizes and intended uses of each part of the building,\n> > \n> > > (c) the building envelope of the development,\n> > \n> > > (d) elevations and sections showing external finishes and height of proposed buildings, other than temporary structures,\n> > \n> > > (e) elevations and sections showing—\n> > > \n> > > > (i) the height of proposed temporary structures, and\n> > > \n> > > > (ii) the materials proposed to be used for the structures, using the relevant abbreviations,\n> > \n> > > (f) proposed finished levels of the land in relation to existing and proposed buildings and roads,\n> > \n> > > (g) proposed parking arrangements, entry and exit points for vehicles and provision for movement of vehicles on the site, including dimensions if appropriate,\n> > \n> > > (h) proposed landscaping and treatment of the land, indicating plant types and their height and maturity,\n> > \n> > > (i) proposed methods of draining the land,\n> > \n> > > (j) if the application is accompanied by a BASIX certificate—the other matters required by a relevant BASIX certificate.","sortOrder":165},{"sectionNumber":"122","sectionType":"section","heading":"Complying development involving building work","content":"#### 122 Complying development involving building work\n\n122 Complying development involving building work\n\n> > (1) This section applies to an application for a complying development certificate that relates to development involving building work, including building work in relation to—\n> > \n> > > (a) a dwelling house, or\n> > \n> > > (b) a building or structure that is ancillary to a dwelling house.\n> \n> > (2) An application for a complying development certificate must contain the following—\n> > \n> > > (a) a detailed description of the development,\n> > \n> > > (b) building work plans and specifications.\n> \n> > (3) The detailed description of the development must indicate the following—\n> > \n> > > (a) for each new building—\n> > > \n> > > > (i) the number of storeys in the building, including underground storeys, and\n> > > \n> > > > (ii) the gross floor area of the building in square metres, and\n> > > \n> > > > (iii) the gross site area of the land on which the building will be erected in square metres, and\n> > > \n> > > > (iv) the site coverage, that is, the percentage of the site area that will be covered by a building,\n> > \n> > > (b) for each new residential building—\n> > > \n> > > > (i) the number of existing dwellings on the land on which the new building will be erected, and\n> > > \n> > > > (ii) the number of the existing dwellings that will be demolished in connection with the erection of the new building, and\n> > > \n> > > > (iii) the number of dwellings that will be in the new building, and\n> > > \n> > > > (iv) whether the new building will be attached to an existing building, and\n> > > \n> > > > (v) whether the new building will be attached to another new building, and\n> > > \n> > > > (vi) whether the land contains a dual occupancy, and\n> > > \n> > > > (vii) the materials to be used in the construction of the new building, using the relevant abbreviations.\n> \n> > (4) The building work plans and specifications must contain the following—\n> > \n> > > (a) detailed building work plans, drawn to a suitable scale and consisting of a block plan and a general plan, that show—\n> > > \n> > > > (i) a plan of each floor section, and\n> > > \n> > > > (ii) a plan of each elevation of the building, and\n> > > \n> > > > (iii) the levels of the lowest floor, an unbuilt yard or area that belongs to the lowest floor and the adjacent ground, and\n> > > \n> > > > (iv) the height, design, construction and provision for fire safety and fire resistance, if any,\n> > \n> > > (b) specifications for the development that—\n> > > \n> > > > (i) describe the construction and the materials to be used to construct the building, and\n> > > \n> > > > (ii) describe the method of drainage, sewerage and water supply, and\n> > > \n> > > > (iii) state whether the materials to be used are new or second-hand and contain details of any second-hand materials to be used,\n> > \n> > > (c) if the development involves building work to alter, expand or rebuild an existing building—a scaled plan of the existing building,\n> > \n> > > (d) for BASIX development, or BASIX optional development if the application is accompanied by a BASIX certificate—the other matters required by a relevant BASIX certificate.\n> \n> > (5) An application for a complying development certificate must also contain the following—\n> > \n> > > (a) if the building work involves a performance solution under the Building Code of Australia—a report about the performance solution prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4),\n> > \n> > > (b) a description of any building product or system accredited under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689) for the purposes of the Act, section 4.28(4),\n> > \n> > > (c) copies of compliance certificates to be relied on.\n> \n> **s 122:** Am 2023 (71), Sch 1.3\\[3\\].","sortOrder":166},{"sectionNumber":"123","sectionType":"section","heading":"Fire safety requirements","content":"#### 123 Fire safety requirements\n\n123 Fire safety requirements\n\n> > (1) An application for a complying development certificate for development involving a change of use of a building must be accompanied by—\n> > \n> > > (a) a list of the Category 1 fire safety provisions that currently apply to the existing building, and\n> > \n> > > (b) a list of the Category 1 fire safety provisions that will apply to the building after the change of use.\n> \n> > (2) Subsection (1) does not apply to—\n> > \n> > > (a) a dwelling house, or\n> > \n> > > (b) a building or structure that is ancillary to a dwelling house, or\n> > \n> > > (c) a temporary structure.\n> \n> > (3) An application for a complying development certificate for development that involves building work must be accompanied by—\n> > \n> > > (a) a list of the existing fire safety measures provided in relation to the land or an existing building on the land, and\n> > \n> > > (b) a list of the fire safety measures to be provided in relation to the land and buildings on the land as a consequence of the building work.\n> \n> > (4) Subsection (3) does not apply to work in relation to—\n> > \n> > > (a) a dwelling house, or\n> > \n> > > (b) a building or structure that is ancillary to a dwelling house.\n> \n> > (5) An application for a complying development certificate for fire alarm communication link works must be accompanied by—\n> > \n> > > (a) a plan that indicates the location of the new fire alarm communication link and associated works, and\n> > \n> > > (b) a document that describes the design, construction and mode of operation of the new fire alarm communication link and associated works.\n> \n> > (6) An application for a complying development certificate for an alteration to a hydraulic fire safety system must be accompanied by—\n> > \n> > > (a) a plan that indicates the location of the alteration and associated works, and\n> > \n> > > (b) a document that describes—\n> > > \n> > > > (i) the required pressure and flow characteristics of the hydraulic fire safety system that will be altered, and\n> > > \n> > > > (ii) the pressure and flow characteristics that will be available from the town main following mains pressure reduction by or on behalf of the relevant water utility, and\n> > > \n> > > > (iii) the design, construction and performance of the alteration and associated works.\n> \n> > (7) In this section—\n> > \n> > alteration to a hydraulic fire safety system has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).","sortOrder":167},{"sectionNumber":"124","sectionType":"section","heading":"Complying development involving subdivision","content":"#### 124 Complying development involving subdivision\n\n124 Complying development involving subdivision\n\n> > (1) An application for a complying development certificate for development involving subdivision work must be accompanied by subdivision work plans and specifications.\n> \n> > (2) The subdivision work plans and specifications must contain the following—\n> > \n> > > (a) details of the existing and proposed subdivision pattern, including the number of lots and the location of roads,\n> > \n> > > (b) details about the public authorities that have been consulted about the provision of utility services to the land,\n> > \n> > > (c) detailed engineering plans about earthworks, roadworks, road pavement, road furnishings, stormwater drainage, water supply works, sewerage works, landscaping works and erosion control works,\n> > \n> > > (d) copies of compliance certificates to be relied on.","sortOrder":168},{"sectionNumber":"125","sectionType":"section","heading":"Complying development involving telecommunications facilities or electricity power lines","content":"#### 125 Complying development involving telecommunications facilities or electricity power lines\n\n125 Complying development involving telecommunications facilities or electricity power lines\n\n> An application for a complying development certificate for development for the purposes of a telecommunications facility or electricity power lines must be accompanied by detailed engineering plans.","sortOrder":169},{"sectionNumber":"126","sectionType":"section","heading":"Complying development in certain areas","content":"#### 126 Complying development in certain areas\n\n126 Complying development in certain areas\n\n> > (1) An application for a complying development certificate for development on land in an Activation Precinct under [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Chapter 3 must be accompanied by a current Activation Precinct certificate issued under that Chapter that applies to the development.\n> \n> > (2) Subsection (1) does not apply to an application made by a public authority.\n> \n> > (3) An application for a complying development certificate for development on land in the Western Sydney Aerotropolis under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4 must be accompanied by a current Aerotropolis certificate issued under that Chapter.\n> \n> > (4) An application for a complying development certificate for development on land in the Moorebank Freight Intermodal Precinct under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 13, sections 1–3 must be accompanied by a current traffic certificate issued under that Policy, Chapter 6.\n> \n> **s 126:** Am 2022 (40), Sch 1\\[22\\] \\[25\\]. Subst 2022 (244), Sch 1\\[1\\]. Am 2022 (789), Sch 1\\[2\\]; 2023 (94), sec 3(2); 2023 (620), Sch 1\\[1\\]; 2025 (501), Sch 1\\[2\\].","sortOrder":170},{"sectionNumber":"127","sectionType":"section","heading":"Complying development involving house-raising","content":"#### 127 Complying development involving house-raising\n\n127 Complying development involving house-raising\n\n> > (1) An application for a complying development certificate for development specified in [Lismore Local Environmental Plan 2012](/view/html/inforce/current/epi-2013-0066), Schedule 3, Part 1, matter relating to Raising of dwelling houses above flood planning level must be accompanied by—\n> > \n> > > (a) a certificate issued by either of the following certifying the dwelling house to which the development relates is suitable for the development—\n> > > \n> > > > (i) the Northern Rivers Reconstruction Corporation,\n> > > \n> > > > (ii) the NSW Reconstruction Authority, and\n> > \n> > > (b) a certificate issued by a registered professional engineer certifying the following—\n> > > \n> > > > (i) the top of the floor surface of each habitable room in the dwelling house will be above the flood planning level,\n> > > \n> > > > (ii) each part of the dwelling house erected at or below the flood planning level will be constructed of flood compatible material,\n> > > \n> > > > (iii) each part of the dwelling house erected as part of the development will be able to withstand the forces exerted by water, debris and buoyancy during a flood up to the flood planning level,\n> > > \n> > > > (iv) the flow of floodwater will not be restricted as a result of the development.\n> \n> > (2) In this section—\n> > \n> > flood compatible material has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n> > \n> > flood planning level has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > habitable room has the same meaning as in the Building Code of Australia.\n> > \n> > Northern Rivers Reconstruction Corporation means the Northern Rivers Reconstruction Corporation constituted under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049), section 4.\n> > \n> > NSW Reconstruction Authority means the NSW Reconstruction Authority established under the [NSW Reconstruction Authority Act 2022](/view/html/inforce/current/act-2022-080), section 7.\n> > \n> > registered professional engineer has the same meaning as in the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007).\n> \n> **s 127:** Am 2022 (40), Sch 1\\[22\\] \\[26\\]. Rep 2022 (244), Sch 1\\[1\\]. Ins 2022 (791), Sch 1\\[1\\].","sortOrder":171},{"sectionNumber":"127A","sectionType":"section","heading":"Complying development involving temporary housing","content":"#### 127A Complying development involving temporary housing\n\n127A Complying development involving temporary housing\n\n> > (1) An application for a complying development certificate for development for the purposes of temporary housing must be accompanied by a copy of the most recent fire safety statement for the building containing the dwelling if—\n> > \n> > > (a) the building is a class 1b or class 2–9 building, and\n> > \n> > > (b) the fire safety schedule for the building specifies at least 1 essential fire safety measure, and\n> > \n> > > (c) the building was not erected by or on behalf of the Crown or by or on behalf of a person prescribed by the regulations made under the Act, section 6.9(2)(b)(iii).\n> \n> > (2) In this section—\n> > \n> > essential fire safety measure has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> > \n> > fire safety statement has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> **s 127A:** Ins 2024 (631), Sch 1\\[1\\].","sortOrder":172},{"sectionNumber":"128","sectionType":"section","heading":"Traffic generating complying development","content":"#### 128 Traffic generating complying development\n\n128 Traffic generating complying development\n\n> > (1) This section applies to an application for a complying development certificate for the following development—\n> > \n> > > (a) development for a purpose specified in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 3.40(1), other than section 3.40(1)(a)(viia), that will result in a school being able to accommodate at least 50 additional students,\n> > \n> > > (a1) development for a purpose specified in the following provisions of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732)—\n> > > \n> > > > (i) section 3.40(1)(a)(viia) if the relevant preschool will provide preschool care for 50 or more children,\n> > > \n> > > > (ii) section 3.40(2A),\n> > \n> > > (b) development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A for the following purposes—\n> > > \n> > > > (i) food and drink premises with a gross floor area of 300m2 or more,\n> > > \n> > > > (ii) shops or wholesale supplies with a gross floor area of 500m2 or more,\n> > > \n> > > > (iii) commercial premises with a gross floor area of 2,500m2 or more,\n> > > \n> > > > (iv) industries with a gross floor area of 5,000m2 or more,\n> > > \n> > > > (v) depots or warehouses or distribution centres with a gross floor area of 8,000m2 or more,\n> > > \n> > > > (vi) the construction, installation or alteration of a drive through facility as referred to in Division 1, Subdivision 11A of that Part,\n> > > \n> > > > (vii) car parks of 50 car parking spaces or more,\n> > > \n> > > > (viii) development for the purposes of waste or resource transfer stations carried out by or on behalf of a public authority,\n> > \n> > > (c) development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A for the following purposes, if the development involves 50 or more vehicles per hour—\n> > > \n> > > > (i) community facilities,\n> > > \n> > > > (ii) health consulting rooms,\n> > > \n> > > > (iii) information and education facilities,\n> > > \n> > > > (iv) medical centres,\n> > > \n> > > > (v) storage premises,\n> > > \n> > > > (vi) vehicle repair stations,\n> > > \n> > > > (vii) veterinary hospitals.\n> \n> > (2) An application for a complying development certificate must be accompanied by a certificate issued by the relevant roads authority certifying that any impacts on the surrounding road network as a result of the development—\n> > \n> > > (a) are acceptable, or\n> > \n> > > (b) will be acceptable if the requirements specified in the certificate issued by the relevant roads authority are met.\n> \n> > (3) (Repealed)\n> \n> **s 128:** Am 2022 (40), Sch 1\\[27\\]–\\[29\\]; 2022 (702), Sch 1\\[8\\] \\[9\\]; 2024 (97), Sch 1\\[1\\] \\[2\\].","sortOrder":173},{"sectionNumber":"129","sectionType":"section","heading":"Complying development on contaminated land","content":"#### 129 Complying development on contaminated land\n\n129 Complying development on contaminated land\n\n> > (1) This section applies to an application for a complying development certificate for complying development under—\n> > \n> > > (a) [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A, and\n> > \n> > > (b) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 13, sections 1–3.\n> \n> > (2) The application must specify whether the land on which the development will be carried out—\n> > \n> > > (a) is or was used for a purpose listed in Table 1 to clause 3.2.1 of the document entitled Managing Land Contamination Planning Guidelines, SEPP 55—Remediation of Land, published in 1998 by the Department of Urban Affairs and Planning and the Environment Protection Authority, or\n> > \n> > > (b) is on the list of sites notified under the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 60.\n> \n> > (3) If the development will be carried out on land specified in subsection (2), the application must be accompanied by a statement by a qualified person.\n> \n> > (4) The statement must certify that the land has been investigated in accordance with guidelines made by the Environment Protection Authority under the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 105, as in force from time to time.\n> \n> > (5) The statement must certify that the land—\n> > \n> > > (a) is suitable for the intended purpose of the development, considering the contamination status of the land, or\n> > \n> > > (b) will be suitable if the remediation works specified in the statement are carried out.\n> \n> > (6) This section does not apply to complying development carried out under the complying development provisions of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 5 in the Lease Area, within the meaning of that Chapter.\n> \n> > (7) In this section—\n> > \n> > qualified person means a person who has a certification specified in the Contaminated Land Consultant Certification Policy, published by the Environment Protection Authority in January 2018.\n> \n> **s 129:** Am 2022 (40), Sch 1\\[22\\] \\[30\\] \\[31\\]; 2022 (244), Sch 1\\[2\\].","sortOrder":174},{"sectionNumber":"129A","sectionType":"section","heading":"Design statement for industrial and business buildings under Codes SEPP","content":"#### 129A Design statement for industrial and business buildings under Codes SEPP\n\n129A Design statement for industrial and business buildings under Codes SEPP\n\n> > (1) This section applies to an application for a complying development certificate for complying development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A relating to development for a specified purpose on land in one or more of the following zones—\n> > \n> > > (a) Zone B5 Business Development,\n> > \n> > > (b) Zone B6 Enterprise Corridor,\n> > \n> > > (c) Zone B7 Business Park,\n> > \n> > > (d) Zone E3 Productivity Support.\n> \n> > (1A) This section does not apply to an application for a complying development certificate for development involving only one or both of the following—\n> > \n> > > (a) a change of use to premises,\n> > \n> > > (b) internal alterations to a building.\n> \n> > (1B) A design statement must accompany an application to which this section applies.\n> \n> > (2) The statement must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) verify that the qualified designer designed, or directed the design of, the development, and\n> > \n> > > (c) explain how the design is consistent with the relevant design criteria set out in the Business Zone Design Guidelines published on the NSW planning portal from time to time.\n> \n> > (3) In this section—\n> > \n> > specified purpose has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 5A.\n> \n> **s 129A:** Ins 2022 (40), Sch 1\\[32\\]. Am 2022 (702), Sch 1\\[10\\].","sortOrder":175},{"sectionNumber":"130","sectionType":"section","heading":"Other documents to accompany complying development certificate application","content":"#### 130 Other documents to accompany complying development certificate application\n\n130 Other documents to accompany complying development certificate application\n\n> > (1) An application for a complying development certificate for development involving the erection of a wall to a boundary that has a wall less than 0.9m from the boundary must be accompanied by a report by a professional engineer that outlines the proposed method of supporting the adjoining wall.\n> \n> > (2) An application for a complying development certificate for development involving the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary must be accompanied by a report by a professional engineer that outlines the proposed method of maintaining support for the adjoining wall after the demolition or removal.\n> \n> > (3) An application for a complying development certificate for development involving the erection of a temporary structure must be accompanied by the following—\n> > \n> > > (a) a document that specifies the live and dead loads the temporary structure is designed to meet,\n> > \n> > > (b) a list of the fire safety measures to be provided in relation to the use of the temporary structure,\n> > \n> > > (c) for a temporary structure that will be used as an entertainment venue where the building work involves a performance solution for a requirement set out in the Building Code of Australia, Volume 1, Part B1 or NSW Part I5—a report about the performance solution prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4),\n> > \n> > > (d) a document that describes any building product or system accredited under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689) for the purposes of the Act, section 4.28(4),\n> > \n> > > (e) copies of compliance certificates to be relied on.\n> \n> > (4) An application for a complying development certificate for development involving the following uses of a building must be accompanied by a statement specifying the maximum number of persons proposed to occupy, at any one time, the part of the building to which the use applies—\n> > \n> > > (a) an entertainment venue,\n> > \n> > > (b) a function centre,\n> > \n> > > (c) a pub,\n> > \n> > > (d) a registered club,\n> > \n> > > (e) a restaurant or cafe.\n> \n> > (5) An application for a complying development certificate for development required, by a development standard, to be set back from a registered easement must be accompanied by—\n> > \n> > > (a) a copy of the official search under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), Part 11A for the lot on which the development will be carried out, and\n> > \n> > > (b) if the land is subject to a registered easement—a title diagram for the lot and each adjoining lot that benefits from the easement.\n> \n> > (6) An application for a complying development certificate for development involving the erection or alteration of the following must be accompanied by a design statement—\n> > \n> > > (a) a dual occupancy,\n> > \n> > > (b) a manor house,\n> > \n> > > (c) multi dwelling housing (terraces).\n> \n> > (6A) Subsection (6) does not apply to an application for a complying development certificate for development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA.\n> \n> > (7) In this section—\n> > \n> > accredited designer means—\n> > \n> > > (a) a qualified designer, or\n> > \n> > > (b) a person accredited as a building designer by the Building Designers Association of Australia.\n> > \n> > design statement means a statement by an accredited designer that—\n> > \n> > > (a) verifies that the designer designed, or directed the design of, the development, and\n> > \n> > > (b) explains how the design is consistent with the relevant design criteria set out in the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.\n> > \n> > professional engineer has the same meaning as in the Building Code of Australia.\n> \n> **s 130:** Am 2023 (71), Sch 1.3\\[3\\] \\[4\\]; 2025 (354), Sch 1\\[1\\].","sortOrder":176},{"sectionNumber":"131","sectionType":"section","heading":"BASIX development and certificates","content":"#### 131 BASIX development and certificates\n\n131 BASIX development and certificates\n\n> > (1) An application for a complying development certificate for BASIX development must be accompanied by—\n> > \n> > > (a) a relevant BASIX certificate for the development issued no earlier than 3 months before the day on which the application is lodged on the NSW planning portal, and\n> > \n> > > (b) the other matters required by the BASIX certificate.\n> \n> > (2) If the development involves the alteration of a BASIX building that contains more than 1 dwelling, a separate BASIX certificate is required for each dwelling.\n> \n> > (3) An application for a complying development certificate for BASIX optional development that is accompanied by a BASIX certificate must be accompanied by the other matters required by the BASIX certificate.\n> \n> > (4) If an application for a complying development certificate is amended before it is determined and the amendment results in the development differing materially from the description contained in the BASIX certificate that accompanied the original application, the amendment must be accompanied by a new BASIX certificate that takes account of the amendment.\n> \n> > (5) If the original application for a complying development certificate was accompanied by a BASIX certificate, the original application may be amended by lodging on the NSW planning portal—\n> > \n> > > (a) a new BASIX certificate to replace the current BASIX certificate for the original application, and\n> > \n> > > (b) if a new document is required or a document that accompanied the original application requires amendment—the new or amended document.\n> \n> **s 131:** Am 2023 (531), Sch 2\\[2\\].","sortOrder":177},{"sectionNumber":"131A","sectionType":"section","heading":"Pattern Book development","content":"#### 131A Pattern Book development\n\n131A Pattern Book development\n\n> > (1) This section applies to an application for a complying development certificate for development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA.\n> \n> > (2) An application to which this section applies must contain a written statement from an accredited designer stating—\n> > \n> > > (a) which of the following types of development the application relates to—\n> > > \n> > > > (i) development for the purposes of dual occupancies,\n> > > \n> > > > (ii) development for the purposes of manor houses,\n> > > \n> > > > (iii) development for the purposes of multi dwelling housing,\n> > > \n> > > > (iv) development for the purposes of multi dwelling housing (terraces), and\n> > \n> > > (b) the pattern selected for that type of development, and\n> > \n> > > (c) that the proposed development will comply with the development standards, location requirements, technical drawing set and technical information specified in that pattern.\n> \n> > (3) In this section—\n> > \n> > accredited designer means—\n> > \n> > > (a) a qualified designer, or\n> > \n> > > (b) a person accredited as a building designer by the Building Designers Association of Australia.\n> > \n> > pattern has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA.\n> \n> **s 131A:** Ins 2025 (354), Sch 1\\[2\\].","sortOrder":178},{"sectionNumber":"132","sectionType":"section","heading":"Certifier may require additional information","content":"#### 132 Certifier may require additional information\n\n132 Certifier may require additional information\n\n> > (1) A certifier may request additional information about the development from the applicant for a complying development certificate that the certifier considers necessary to properly consider the application.\n> \n> > (2) A certifier may require the additional information to be obtained from a properly qualified person.\n> \n> > (3) This section does not affect the certifier’s duty to determine an application for a complying development certificate.","sortOrder":180},{"sectionNumber":"133","sectionType":"section","heading":"Time for determining application for complying development certificate","content":"#### 133 Time for determining application for complying development certificate\n\n133 Time for determining application for complying development certificate\n\n> > (1) For the purposes of the Act, section 4.28(8), the determination of an application for a complying development certificate must be completed within—\n> > \n> > > (a) for a complying development certificate to which section 134 applies—20 days, or\n> > \n> > > (b) otherwise—10 days.\n> \n> > (2) Despite subsection (1)(a), the determination of an application for a complying development certificate in relation to development specified in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA must be completed within 10 days.\n> \n> **s 133:** Am 2025 (354), Sch 1\\[3\\].","sortOrder":181},{"sectionNumber":"134","sectionType":"section","heading":"Notice to neighbours and councils","content":"#### 134 Notice to neighbours and councils\n\n134 Notice to neighbours and councils\n\n> > (1) This section applies to a complying development certificate in relation to development on relevant land that is—\n> > \n> > > (a) specified under an environmental planning instrument and involves a new dwelling or an addition to an existing dwelling, or\n> > \n> > > (b) specified in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 7, or\n> > \n> > > (c) specified in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Parts 1 or 2.\n> \n> > (2) This section applies only if the development will be carried out on a lot that has a boundary within 20 metres of the boundary of another lot on which a dwelling is located.\n> \n> > (3) A certifier must not issue a complying development certificate until at least 14 days after the certifier has given written notice to—\n> > \n> > > (a) if the development will be on land in a rural or residential zone—each neighbour on land in a rural or residential zone, and\n> > \n> > > (b) if the certifier is not the council for the area in which the development will be carried out—the council.\n> \n> > (3A) Despite subsection (3), for development specified in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), Part 3BA, a certifier must not issue a complying development certificate until at least 7 days after the certifier has given written notice to—\n> > \n> > > (a) if the development will be on land in a residential zone—each neighbour on land in a residential zone, and\n> > \n> > > (b) if the certifier is not the council for the area in which the development will be carried out—the council.\n> \n> > (4) The notice must contain the following—\n> > \n> > > (a) the name, address and telephone number of the certifier,\n> > \n> > > (b) a statement that the certifier has received an application for a complying development certificate and will determine the application in accordance with the Act,\n> > \n> > > (c) the name, address and telephone number of the applicant for the complying development certificate,\n> > \n> > > (d) the address of the land on which the development will be carried out,\n> > \n> > > (e) a description of the development to which the application relates,\n> > \n> > > (f) the name of each relevant environmental planning instrument, including the relevant complying development code,\n> > \n> > > (g) the site plan of the land, as referred to in section 121, that accompanied the application,\n> > \n> > > (h) the day on which the application was received by the certifier,\n> > \n> > > (i) a statement that, once the application is determined, the council is required to make a copy of the determination available for inspection.\n> \n> > (5) In this section—\n> > \n> > applicable local government area means the local government areas of Bayside, City of Blacktown, City of Blue Mountains, Burwood, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s Hill, Inner West, Ku-ring-gai, Lane Cove, City of Liverpool, Mosman, North Sydney, Northern Beaches, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Waverley, City of Willoughby, Wingecarribee, Wollondilly or Woollahra.\n> > \n> > neighbour means the occupier of a dwelling located on a lot that has a boundary within 20 metres of the boundary of the lot on which the work will be carried out.\n> > \n> > relevant land means land in an applicable local government area that is not in—\n> > \n> > > (a) an urban release area identified in a local environmental plan that adopts the applicable mandatory provisions of the Standard Instrument, or\n> > \n> > > (b) a growth centre under [State Environmental Planning Policy (Precincts—Central River City) 2021](/view/html/inforce/current/epi-2021-0725), Chapter 3 or [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 3, or\n> > \n> > > (c) an area to which [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Appendix 1, 4 or 5 applies.\n> \n> **s 134:** Am 2022 (40), Sch 1\\[33\\] \\[34\\]; 2025 (354), Sch 1\\[4\\].","sortOrder":182},{"sectionNumber":"135","sectionType":"section","heading":"Council to be notified of significant fire safety issues","content":"#### 135 Council to be notified of significant fire safety issues\n\n135 Council to be notified of significant fire safety issues\n\n> > (1) This section applies to a certifier if—\n> > \n> > > (a) an application is made to the certifier for a complying development certificate affecting an existing building, and\n> > \n> > > (b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and\n> > \n> > > (c) between receiving the application and issuing the complying development certificate, the certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with the building.\n> \n> > (2) Within 2 days after becoming aware of a significant fire safety issue, the certifier must give written notice to the council that describes the fire safety issue and the parts of the building affected by the issue.\n> \n> > (3) However, the certifier is not required to give notice if the fire safety issue is being addressed by—\n> > \n> > > (a) the development, or\n> > \n> > > (b) a fire safety order under the Act, Schedule 5, Part 2, or\n> > \n> > > (c) another development consent that affects the building.\n> \n> > (4) To avoid doubt, this section extends to a council that is a certifier.","sortOrder":183},{"sectionNumber":"136","sectionType":"section","heading":"Form of complying development certificate","content":"#### 136 Form of complying development certificate\n\n136 Form of complying development certificate\n\n> > (1) A complying development certificate must contain the following—\n> > \n> > > (a) the name of the certifier that issued the certificate,\n> > \n> > > (b) if the certifier is a registered body corporate—the name of the individual who issued the certificate,\n> > \n> > > (c) if the certifier is a registered certifier—\n> > > \n> > > > (i) the registration number of the certifier, and\n> > > \n> > > > (ii) if the certifier is a registered body corporate—the registration number of the individual who issued the certificate,\n> > \n> > > (d) the signature of the individual who issued the certificate,\n> > \n> > > (e) the date of the certificate,\n> > \n> > > (f) the day on which the certificate lapses,\n> > \n> > > (g) a statement that the development is complying development and, if carried out as specified in the certificate, will comply with—\n> > > \n> > > > (i) all the development standards applicable to the development, and\n> > > \n> > > > (ii) other requirements of this Regulation relating to the issue of the certificate,\n> > \n> > > (h) if the development involves the erection of a building—the class of the building under the Building Code of Australia,\n> > \n> > > (i) if a report is required under section 137(3) or (3A)—the following details of the report—\n> > > \n> > > > (i) the title of the report,\n> > > \n> > > > (ii) the date of the report,\n> > > \n> > > > (iii) the reference number and version number of the report,\n> > > \n> > > > (iv) the name of the person who prepared the report or on whose behalf the report was prepared,\n> > > \n> > > > (v) if the person referred to in subparagraph (iv) is an accredited practitioner (fire safety) and a registered certifier—the accredited practitioner’s registration number,\n> > > \n> > > > (vi) for a compliance report—a statement that a relevant registered certifier has confirmed the development is consistent with the performance solution report for the building,\n> > \n> > > (j) if any of the building work is exempt from compliance with the Building Code of Australia under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689)—the details of the exemption,\n> > \n> > > (k) the conditions imposed on the development under this Regulation.\n> \n> > (2) A complying development certificate must also contain—\n> > \n> > > (a) a detailed list of the particular plans, reports, studies or other documents relied on by the certifier to determine the application for the certificate, including information about how the documents can be accessed, and\n> > \n> > > (b) a copy of the relevant plans endorsed by the certifier.\n> \n> > (3) A complying development certificate for development that is complying development under [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) must also specify—\n> > \n> > > (a) the land use zone in which the land is located, and\n> > \n> > > (b) if the land is not zoned under an environmental planning instrument made as provided by the Act, section 3.20(2), the equivalent named land use zone for the land under that Policy, and\n> > \n> > > (c) if the development is carried out under a complying development code under that Policy—the name of the code.\n> \n> > (4) A complying development certificate for the erection of a building or a change of building use must be accompanied by the fire safety schedule for the building, if required under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> > (5) Subsection (4) does not apply to—\n> > \n> > > (a) the erection of a building that will be a class 1a or class 10 building when completed, or\n> > \n> > > (b) the erection of a temporary structure.\n> \n> > (6) A certifier must not issue a compliance certificate that does not comply with subsection (1), (2)(b) or (4).\n> > \n> > Maximum penalty (subsection (6))—\n> > \n> > > (a) for non-compliance with subsection (1) or (2)(b)—\n> > > \n> > > > (i) 300 penalty units for a corporation, or\n> > > \n> > > > (ii) 150 penalty units for an individual, and\n> > \n> > > (b) for non-compliance with subsection (4)—\n> > > \n> > > > (i) 600 penalty units for a corporation, or\n> > > \n> > > > (ii) 300 penalty units for an individual.\n> \n> **s 136:** Am 2022 (702), Sch 1\\[11\\] \\[12\\]; 2025 (17), Sch 2\\[1\\].","sortOrder":185},{"sectionNumber":"137","sectionType":"section","heading":"Compliance with Building Code of Australia","content":"#### 137 Compliance with Building Code of Australia\n\n137 Compliance with Building Code of Australia\n\n> > (1) A certifier must not issue a complying development certificate for building work unless the building, not including a temporary building, will comply with the relevant requirements of the Building Code of Australia, as in force at the time the application for the certificate was made.\n> \n> > (2) A complying development certificate for complying development that is required to comply with the deemed-to-satisfy provisions in the Building Code of Australia, Volume 1 or 2 must not authorise compliance with a performance solution to the performance requirements corresponding to the deemed-to-satisfy provisions.\n> \n> > (3) A certifier must not issue a complying development certificate for building work that involves a performance solution under the Building Code of Australia unless the certifier—\n> > \n> > > (a) has obtained or been given a performance solution report, and\n> > \n> > > (b) is satisfied that—\n> > > \n> > > > (i) the report was prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4), and\n> > > \n> > > > (ii) the building work plans and specifications show and describe the physical elements of the performance solution, if possible.\n> \n> > (3A) A certifier must not issue a complying development certificate for development comprising internal alterations or a change of use to an existing building subject to a performance solution for a fire safety requirement under the Building Code of Australia unless the certifier has obtained or been given a compliance report for the development.\n> \n> > (4) A certifier must not issue a complying development certificate unless the certifier has endorsed the building work plans and specifications and other documents that accompanied the application for the certificate or were submitted to the certifier under Division 1 with evidence of the issue of the certificate.\n> > \n> > Maximum penalty—\n> > \n> > > (a) 300 penalty units for a corporation, or\n> > \n> > > (b) 150 penalty units for an individual.\n> \n> > (5) A performance solution report relating to a fire safety requirement must be prepared by or on behalf of—\n> > \n> > > (a) for a prescribed report—a person who is both an accredited practitioner (fire safety) and a fire safety engineer, or\n> > \n> > > (b) otherwise—a person who is an accredited practitioner (fire safety).\n> \n> > (6) In this section—\n> > \n> > compliance report, for development, means a report—\n> > \n> > > (a) prepared by a relevant registered certifier, other than the certifier issuing the complying development certificate for which the report is required, and\n> > \n> > > (b) confirming that the development is consistent with the performance solution report for the building involved in the development.\n> > \n> > fire safety engineer means a person registered under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063) whose registration authorises the person to exercise the functions of a fire safety engineer.\n> > \n> > prescribed report means a report about a performance solution for a requirement set out in the Building Code of Australia, Volume 1, E1P4, E2P1, E2P2, D1P4 or D1P5 for—\n> > \n> > > (a) a class 9a building that will have a total floor area of 2,000 square metres or more, or\n> > \n> > > (b) a building, other than a class 9a building, that will have a fire compartment, as defined in the Building Code of Australia, with a total floor area of more than 2,000 square metres, or\n> > \n> > > (c) a building, other than a class 9a building, that will have a total floor area of more than 6,000 square metres.\n> > \n> > relevant registered certifier means a registered certifier registered for the purpose of issuing complying development certificates for buildings of the kind to which the compliance report relates.\n> \n> **s 137:** Am 2022 (702), Sch 1\\[13\\]–\\[16\\]; 2022 (789), Sch 1\\[3\\]; 2023 (71), Sch 1.3\\[3\\] \\[5\\] \\[6\\]; 2023 No 7, Sch 2.26\\[1\\]; 2024 (631), Sch 1\\[2\\]; 2025 (17), Sch 2\\[2\\].","sortOrder":186},{"sectionNumber":"138","sectionType":"section","heading":"Complying development under Transport and Infrastructure SEPP, Chapter 3","content":"#### 138 Complying development under Transport and Infrastructure SEPP, Chapter 3\n\n138 Complying development under Transport and Infrastructure SEPP, Chapter 3\n\n> > (1) A certifier must not issue a complying development certificate for the following development unless the certifier has been given a written statement by a qualified designer verifying that the development applies the design quality principles set out in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 8—\n> > \n> > > (a) development for a purpose specified in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 3.40(1)(a) or 3.41(2)(e) that involves the construction of a new building with a building height of more than 12 metres,\n> > \n> > > (b) development for a purpose specified in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 3.40(1)(a) or 3.41(2)(e) that involves an alteration to an existing building that will result in a building height of more than 12 metres.\n> \n> > (2) A certifier must not issue a complying development certificate for development that is identified as complying development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 3 unless—\n> > \n> > > (a) the relevant roads authority has given its written consent, if required by the [Roads Act 1993](/view/html/inforce/current/act-1993-033)—\n> > > \n> > > > (i) for each opening of a public road required by the development, and\n> > > \n> > > > (ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and\n> > \n> > > (b) if the development involves the erection or alteration of improvements on land in a mine subsidence district—the Chief Executive of Subsidence Advisory NSW has given written approval of the development.\n> \n> > (3) In this section—\n> > \n> > mine subsidence district has the same meaning as in the [Coal Mine Subsidence Compensation Act 2017](/view/html/inforce/current/act-2017-037).\n> \n> **s 138:** Am 2022 (40), Sch 1\\[35\\]–\\[37\\]; 2022 (333), sec 3(2) (3).","sortOrder":187},{"sectionNumber":"139","sectionType":"section","heading":"Site inspection required","content":"#### 139 Site inspection required\n\n139 Site inspection required\n\n> > (1) A certifier must not issue a complying development certificate for development unless a council or registered certifier has carried out an inspection of the site of the development.\n> \n> > (2) If the development affects an existing building that is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, an inspection of the site of the development must include an inspection of—\n> > \n> > > (a) the parts of the building affected by the development, and\n> > \n> > > (b) the egress routes from those parts of the building.\n> \n> > (3) This section does not apply to a complying development certificate that relates only to fire alarm communication link works.","sortOrder":188},{"sectionNumber":"140","sectionType":"section","heading":"Record of site inspections","content":"#### 140 Record of site inspections\n\n140 Record of site inspections\n\n> > (1) A council or registered certifier must make a record of each inspection carried out by the council or registered certifier for the purposes of section 139.\n> \n> > (2) If the council or registered certifier required to make the record is not the certifier in relation to the issue of the complying development certificate, the council or registered certifier must, within 2 days after the carrying out of the inspection, give a copy of the record to the certifier through the NSW planning portal.\n> \n> > (3) The record must contain the following—\n> > \n> > > (a) the date of the application for the complying development certificate,\n> > \n> > > (b) the address of the property at which the inspection was carried out,\n> > \n> > > (c) the type of inspection,\n> > \n> > > (d) the day on which the inspection was carried out,\n> > \n> > > (e) if the inspection was carried out by a council—\n> > > \n> > > > (i) the name of the council, and\n> > > \n> > > > (ii) the name and signature of the individual who carried out the inspection,\n> > \n> > > (f) if the inspection was carried out by a registered certifier—\n> > > \n> > > > (i) the name and registration number of the registered certifier, and\n> > > \n> > > > (ii) if the registered certifier is a registered body corporate—the name and registration number of the individual who carried out the inspection,\n> > \n> > > (g) details of the current fire safety measures in the existing buildings on the site that will be affected by the development,\n> > \n> > > (h) details about whether the plans and specifications accompanying the application for the complying development certificate adequately and accurately depict the existing site conditions,\n> > \n> > > (i) details of features of the site, or of a building on the site, that would result in the development—\n> > > \n> > > > (i) not being complying development, or\n> > > \n> > > > (ii) not complying with the Building Code of Australia.","sortOrder":189},{"sectionNumber":"141","sectionType":"section","heading":"Notice of determination of complying development certificate application","content":"#### 141 Notice of determination of complying development certificate application\n\n141 Notice of determination of complying development certificate application\n\n> > (1) Within 2 days after issuing a complying development certificate, a registered certifier must submit the certificate on the NSW planning portal.\n> \n> > (2) The fee for submitting a complying development certificate on the NSW planning portal is specified in Schedule 4.\n> \n> > (3) A certifier must give the applicant notice of the determination of an application for a complying development certificate under the Act, section 4.28(11) through the NSW planning portal.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—300 penalty units, or\n> > \n> > > (b) for an individual—150 penalty units.\n> \n> > (4) Within 2 days after determining an application for a complying development certificate, a registered certifier must give the following to the council through the NSW planning portal—\n> > \n> > > (a) the application and the determination,\n> > \n> > > (b) the endorsed plans, specifications or other documents that accompanied the application or were submitted to the registered certifier in accordance with Division 1,\n> > \n> > > (c) the fire safety schedule for the building, if required under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689),\n> > \n> > > (d) the record of an inspection made for the purposes of section 140 in relation to the issue of the complying development certificate, but only if the inspection was not carried out by the council.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—300 penalty units, or\n> > \n> > > (b) for an individual—150 penalty units.\n> \n> > (5) Within 2 days after determining an application for a complying development certificate for development in an Activation Precinct under [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Chapter 3, the registered certifier must also give the documents specified in subsection (4) to the Development Corporation within the meaning of that Chapter.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—300 penalty units, or\n> > \n> > > (b) for an individual—150 penalty units.\n> \n> > (6) Subsection (5) does not apply to complying development carried out by the Development Corporation.\n> \n> **s 141:** Am 2022 (789), Sch 1\\[4\\]–\\[6\\]; 2023 (350), Sch 1\\[1\\].","sortOrder":190},{"sectionNumber":"142","sectionType":"section","heading":"Development standards for change of building use","content":"#### 142 Development standards for change of building use\n\n142 Development standards for change of building use\n\n> The development standards applicable to complying development that involves a change of building use for an existing building include the following requirements—\n> \n> > (a) the building will, whether or not any building work is carried out—\n> > \n> > > (i) contain measures that are adequate, if there is a fire, to facilitate the safe egress of persons from the part of the building affected by the change of building use, and\n> > \n> > > (ii) comply with the Category 1 fire safety provisions that apply to the proposed use,\n> \n> > (b) the fire protection and structural capacity of the building will, on completion of the building work, be appropriate to the proposed use.","sortOrder":192},{"sectionNumber":"143","sectionType":"section","heading":"Development standards for building work involving alteration of existing building","content":"#### 143 Development standards for building work involving alteration of existing building\n\n143 Development standards for building work involving alteration of existing building\n\n> > (1) The development standards applicable to complying development that involves the alteration of an existing building include the following requirements—\n> > \n> > > (a) if the building work involves the reconfiguration of an internal part of the building that will be occupied—on completion of the building work, the building will contain measures that are adequate, if there is a fire, to facilitate the safe egress of persons from the reconfigured part of the building,\n> > \n> > > (b) the fire protection and structural capacity of the building will, on completion of the building work, not be reduced.\n> \n> > (2) This section does not apply to development in connection with a change of building use for an existing building.","sortOrder":193},{"sectionNumber":"144","sectionType":"section","heading":"Development standards for erection of temporary structure","content":"#### 144 Development standards for erection of temporary structure\n\n144 Development standards for erection of temporary structure\n\n> The development standards applicable to complying development that involves the erection of a temporary structure include the following requirements—\n> \n> > (a) the fire protection and structural capacity of the structure will be appropriate to the proposed use of the structure,\n> \n> > (b) the ground or other surface on which the structure will be erected will be sufficiently firm and level to sustain the structure while in use.","sortOrder":194},{"sectionNumber":"145","sectionType":"section","heading":"Effect of Division","content":"#### 145 Effect of Division\n\n145 Effect of Division\n\n> This Division does not affect a requirement for the building work to be carried out in accordance with—\n> \n> > (a) the plans and specifications to which a complying development certificate relates, and\n> \n> > (b) the conditions of the complying development certificate.","sortOrder":195},{"sectionNumber":"146","sectionType":"section","heading":"Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989","content":"#### 146 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989\n\n146 Compliance with Building Code of Australia and insurance requirements under [Home Building Act 1989](/view/html/inforce/current/act-1989-147)\n\n> > (1) A complying development certificate for development that involves building work must be issued subject to the following conditions—\n> > \n> > > (a) the work must be carried out in accordance with the requirements of the Building Code of Australia,\n> > \n> > > (b) for residential building work that requires a contract of insurance under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)—a contract of insurance must be in force before the building work authorised to be carried out by the certificate commences.\n> \n> > (2) A complying development certificate for a temporary structure that is used as an entertainment venue must be issued subject to a condition that the temporary structure must comply with the Building Code of Australia, Volume 1, Part B1 and NSW Part I5.\n> \n> > (3) This section does not limit the other conditions to which a complying development certificate may be subject.\n> \n> > (4) This section does not apply—\n> > \n> > > (a) to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), or\n> > \n> > > (b) to the erection of a temporary building, other than a temporary structure to which subsection (2) applies.\n> \n> > (5) In this section, a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the date on which the application for the relevant complying development certificate is made.\n> \n> **s 146:** Am 2023 (71), Sch 1.3\\[2\\].","sortOrder":197},{"sectionNumber":"147","sectionType":"section","heading":"Fire safety systems in class 2–9 buildings","content":"#### 147 Fire safety systems in class 2–9 buildings\n\n147 Fire safety systems in class 2–9 buildings\n\n> > (1) A complying development certificate for building work involving the installation, extension or modification of a relevant fire safety system in a class 2, 3, 4, 5, 6, 7, 8 or 9 building must be issued subject to a condition that the building work must not commence unless—\n> > \n> > > (a) plans have been submitted to the principal certifier that show—\n> > > \n> > > > (i) for building work involving the installation of the relevant fire safety system—the layout, extent and location of key components of the relevant fire safety system, or\n> > > \n> > > > (ii) for building work involving the extension or modification of the relevant fire safety system—the layout, extent and location of the new or modified components of the relevant fire safety system, and\n> > \n> > > (b) specifications have been submitted to the principal certifier that—\n> > > \n> > > > (i) describe the basis for the design, installation and construction of the relevant fire safety system, and\n> > > \n> > > > (ii) identify the provisions of the Building Code of Australia on which the design of the system is based, and\n> > \n> > > (c) the plans and specifications—\n> > > \n> > > > (i) have been certified by a compliance certificate as complying with the relevant provisions of the Building Code of Australia, or\n> > > \n> > > > (ii) have been endorsed by an accredited practitioner (fire safety) as complying with the relevant provisions of the Building Code of Australia, and\n> > \n> > > (d) if the plans and specifications were submitted before the complying development certificate was issued—the plans and specifications are endorsed by a certifier with a statement that the certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions, and\n> > \n> > > (e) if the plans and specifications were not submitted before the complying development certificate was issued—the plans and specifications are endorsed by the principal certifier with a statement that the principal certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions.\n> \n> > (2) Subsection (1)(c)(ii) does not apply to the extent of an exemption under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> > (3) In this section—\n> > \n> > relevant fire safety system means the following—\n> > \n> > > (a) a hydraulic fire safety system,\n> > \n> > > (b) a fire detection and alarm system,\n> > \n> > > (c) a mechanical ducted smoke control system.","sortOrder":198},{"sectionNumber":"148","sectionType":"section","heading":"Notice to neighbours of commencement of work","content":"#### 148 Notice to neighbours of commencement of work\n\n148 Notice to neighbours of commencement of work\n\n> > (1) This section applies to a complying development certificate for development involving—\n> > \n> > > (a) the erection of a new building, or\n> > \n> > > (b) an addition to an existing building, or\n> > \n> > > (c) the demolition of a building.\n> \n> > (2) This section applies only if the development will be carried out on a lot that has a boundary within 20 metres of the boundary of another lot on which a dwelling is located.\n> \n> > (3) A complying development certificate must be issued subject to a condition that the person having the benefit of the certificate must give each neighbour written notice of the person’s intention to commence the work authorised by the certificate—\n> > \n> > > (a) for development on relevant land—at least 7 days before commencing work, or\n> > \n> > > (b) otherwise—at least 2 days before commencing work.\n> \n> > (4) In this section—\n> > \n> > neighbour and relevant land have the same meaning as in section 134.","sortOrder":199},{"sectionNumber":"149","sectionType":"section","heading":"Erection of signs","content":"#### 149 Erection of signs\n\n149 Erection of signs\n\n> > (1) This section applies to a complying development certificate for development involving building work, subdivision work or demolition work.\n> \n> > (2) A complying development certificate must be issued subject to a condition that the requirements of subsections (3) and (4) must be complied with.\n> \n> > (3) A sign must be erected in a prominent position on a site on which building work, subdivision work or demolition work is being carried out—\n> > \n> > > (a) showing the name, address and telephone number of the principal certifier for the work, and\n> > \n> > > (b) showing the name of the principal contractor, if any, for building work and a telephone number on which the principal contractor may be contacted outside working hours, and\n> > \n> > > (c) stating that unauthorised entry to the work site is prohibited.\n> \n> > (4) The sign must be—\n> > \n> > > (a) maintained while the building work, subdivision work or demolition work is being carried out, and\n> > \n> > > (b) removed when the work is completed.\n> \n> > (5) This section does not apply in relation to—\n> > \n> > > (a) building work, subdivision work or demolition work carried out inside an existing building, if the work does not affect the external walls of the building, or\n> > \n> > > (b) Crown building work certified to comply with the Building Code of Australia. under the Act, Part 6.","sortOrder":200},{"sectionNumber":"150","sectionType":"section","heading":"Notification of Home Building Act 1989 requirements","content":"#### 150 Notification of Home Building Act 1989 requirements\n\n150 Notification of [Home Building Act 1989](/view/html/inforce/current/act-1989-147) requirements\n\n> > (1) This section applies to a complying development certificate if—\n> > \n> > > (a) the development involves residential building work, and\n> > \n> > > (b) the principal certifier is not the council.\n> \n> > (2) A complying development certificate must be issued subject to a condition that the work is carried out in accordance with the requirements of this section.\n> \n> > (3) Residential building work must not be carried out unless the principal certifier has given the council written notice of the following—\n> > \n> > > (a) for work that requires a principal contractor to be appointed—\n> > > \n> > > > (i) the name and licence number of the principal contractor, and\n> > > \n> > > > (ii) the name of the insurer of the work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 6,\n> > \n> > > (b) for work to be carried out by an owner-builder—\n> > > \n> > > > (i) the name of the owner-builder, and\n> > > \n> > > > (ii) if the owner-builder is required to hold an owner-builder permit under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)—the number of the owner-builder permit.\n> \n> > (4) If the information notified under subsection (3) is no longer correct, further work must not be carried out unless the principal certifier has given the council written notice of the updated information.\n> \n> > (5) This section does not apply in relation to Crown building work certified to comply with the Building Code of Australia under the Act, Part 6.","sortOrder":201},{"sectionNumber":"151","sectionType":"section","heading":"Fulfilment of BASIX commitments","content":"#### 151 Fulfilment of BASIX commitments\n\n151 Fulfilment of BASIX commitments\n\n> A complying development certificate for the following development must be issued subject to a condition that each commitment listed in a relevant BASIX certificate must be fulfilled—\n> \n> > (a) BASIX development,\n> \n> > (b) BASIX optional development, if the application for the complying development certificate was accompanied by a BASIX certificate.","sortOrder":202},{"sectionNumber":"152","sectionType":"section","heading":"Development involving asbestos material","content":"#### 152 Development involving asbestos material\n\n152 Development involving asbestos material\n\n> > (1) A complying development certificate for development that involves building work or demolition work must be issued subject to the following conditions—\n> > \n> > > (a) prescribed asbestos removal work must be undertaken by a person who conducts a business of asbestos removal work in accordance with the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404), clause 458 (a licensed person),\n> > \n> > > (b) the person having the benefit of the complying development certificate must give the principal certifier a copy of a signed contract with a licensed person before development under the complying development certificate commences,\n> > \n> > > (c) the contract must indicate whether asbestos will be removed, and if so, must specify the landfill site, which may lawfully receive asbestos, to which the asbestos will be delivered,\n> > \n> > > (d) if the contract indicates that asbestos will be removed to a specified landfill site—the person having the benefit of the complying development certificate must give the principal certifier a copy of a receipt from the operator of the landfill site stating that all the asbestos referred to in the contract has been received by the operator.\n> \n> > (2) In this section—\n> > \n> > asbestos removal work has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).\n> > \n> > friable asbestos has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).\n> > \n> > non-friable asbestos has the same meaning as in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).\n> > \n> > prescribed asbestos removal work means asbestos removal work that involves the removal of—\n> > \n> > > (a) non-friable asbestos from an area of more than 10 square metres, or\n> > \n> > > (b) friable asbestos.\n> \n> Note 1—\n> \n> The effect of subsection (1)(a) is that the development will be a workplace to which the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404) applies while asbestos removal work is being undertaken.\n> \n> Note 2—\n> \n> Information on the removal and disposal of asbestos to landfill sites licensed to accept asbestos is available from the Environment Protection Authority.","sortOrder":203},{"sectionNumber":"153","sectionType":"section","heading":"Shoring and adequacy of adjoining property","content":"#### 153 Shoring and adequacy of adjoining property\n\n153 Shoring and adequacy of adjoining property\n\n> > (1) This section applies to a complying development certificate for development that involves excavation that extends below the level of the base of the footings of a building, structure or work, including a structure or work in a road or rail corridor, on adjoining land.\n> \n> > (2) The complying development certificate must be issued subject to a condition that the person having the benefit of the certificate must, at the person’s own expense—\n> > \n> > > (a) protect and support the building, structure or work from possible damage from the excavation, and\n> > \n> > > (b) if necessary, underpin the building, structure or work to prevent damage from the excavation.\n> \n> > (3) This section does not apply if—\n> > \n> > > (a) the person having the benefit of the complying development certificate owns the adjoining land, or\n> > \n> > > (b) the owner of the adjoining land has given written consent to the condition not applying.","sortOrder":204},{"sectionNumber":"154","sectionType":"section","heading":"Traffic generating development","content":"#### 154 Traffic generating development\n\n154 Traffic generating development\n\n> If an application for a complying development certificate is required to be accompanied by a certificate of the relevant roads authority under section 128, the complying development certificate must be issued subject to a condition that any requirements specified in the certificate of the relevant roads authority must be complied with.","sortOrder":205},{"sectionNumber":"155","sectionType":"section","heading":"Development on contaminated land","content":"#### 155 Development on contaminated land\n\n155 Development on contaminated land\n\n> If an application for a complying development certificate is required to be accompanied by a statement referred to in section 129(3), the complying development certificate must be issued subject to a condition that the requirements specified in the statement must be complied with.\n> \n> **s 155:** Am 2022 (142), Sch 1\\[5\\].","sortOrder":206},{"sectionNumber":"156","sectionType":"section","heading":"Development contributions","content":"#### 156 Development contributions\n\n156 Development contributions\n\n> > (1) This section applies if a council’s contributions plan provides for the payment of a monetary section 7.11 contribution or a section 7.12 levy in relation to development for a particular purpose (a relevant purpose), whether or not the development is classed as complying development under the contributions plan.\n> \n> > (2) A complying development certificate that authorises development for a relevant purpose must be issued subject to the following conditions—\n> > \n> > > (a) the condition required by the Act, section 4.28(9) requiring payment of a monetary section 7.11 contribution or a section 7.12 levy,\n> > \n> > > (b) the contribution or levy must be paid before the work authorised by the certificate commences.\n> \n> > (3) This section applies despite a provision to the contrary in the council’s contributions plan.\n> \n> > (4) In this section—\n> > \n> > section 7.11 contribution means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in the Act, section 7.11.\n> > \n> > section 7.12 levy means the payment of a levy, as referred to in the Act, section 7.12.","sortOrder":207},{"sectionNumber":"157","sectionType":"section","heading":"Payment of security","content":"#### 157 Payment of security\n\n157 Payment of security\n\n> > (1) This section applies to a complying development certificate authorising the carrying out of development if—\n> > \n> > > (a) the development involves the demolition of a work or building, the erection of a new building or an addition to an existing building, and\n> > \n> > > (b) the estimated development cost, including GST, as specified in the application for the certificate, is $25,000 or more, and\n> > \n> > > (c) the development will be carried out on land adjacent to a public road, and\n> > \n> > > (d) at the time the application for the certificate is made, the council for the area in which the development will be carried out has specified, on its website, an amount of security that must be paid in relation to development—\n> > > \n> > > > (i) of the same type or description, or\n> > > \n> > > > (ii) carried out in the same circumstances, or\n> > > \n> > > > (iii) carried out on land of the same size or description.\n> \n> > (2) A complying development certificate must be issued subject to a condition that the amount of security referred to in subsection (1)(d) will be given, in accordance with this section, to the council before the building work or subdivision work authorised by the certificate commences.\n> \n> > (3) The applicant may give the security to the council by—\n> > \n> > > (a) a deposit with the council, or\n> > \n> > > (b) a guarantee satisfactory to the council.\n> \n> > (4) The council may use the security to meet the cost of making good damage caused to council property as a consequence of doing a thing, or not doing a thing, authorised or required by the complying development certificate, including the cost of an inspection to determine if damage has been caused.\n> \n> > (5) The balance of the security remaining after meeting the costs referred to in subsection (4) must be refunded to, or at the direction of, the person who gave the security.\n> \n> **s 157:** Am 2023 (512), Sch 1\\[3\\].","sortOrder":208},{"sectionNumber":"158","sectionType":"section","heading":"Principal certifier to be satisfied that preconditions met before commencement of work","content":"#### 158 Principal certifier to be satisfied that preconditions met before commencement of work\n\n158 Principal certifier to be satisfied that preconditions met before commencement of work\n\n> > (1) This section applies to a complying development certificate that involves building work or subdivision work.\n> \n> > (2) The complying development certificate must be issued subject to the condition that the principal certifier for the building work or subdivision work, and over which the principal certifier has control, must be satisfied that any preconditions in relation to the work that are required to be met before the work commences have been met before the work commences.","sortOrder":209},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"## Division 6 Miscellaneous\n\nDivision 6 Miscellaneous","sortOrder":210},{"sectionNumber":"159","sectionType":"section","heading":"Application to modify complying development","content":"#### 159 Application to modify complying development\n\n159 Application to modify complying development\n\n> > (1) An application under the Act, section 4.30 to modify complying development in relation to which a complying development certificate has been issued, or in relation to which an application for a complying development certificate has been made, must be in the approved form.\n> \n> > (2) This Part applies to an application to modify complying development in the same way as it applies to the original application.","sortOrder":211},{"sectionNumber":"160","sectionType":"section","heading":"Complying development certificate to be given to NSW Rural Fire Service and council","content":"#### 160 Complying development certificate to be given to NSW Rural Fire Service and council\n\n160 Complying development certificate to be given to NSW Rural Fire Service and council\n\n> > (1) If a certifier issues a complying development certificate for development on bush fire prone land, the certifier must give a copy of the following to the NSW Rural Fire Service—\n> > \n> > > (a) the complying development certificate,\n> > \n> > > (b) associated documents, including—\n> > > \n> > > > (i) a copy of the application for the certificate, and\n> > > \n> > > > (ii) any certification referred to in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) that is required to carry out the complying development on bush fire prone land.\n> \n> > (2) If the certifier is not a council, the certifier must also give a copy of the documents to the council.","sortOrder":212},{"sectionNumber":"161","sectionType":"section","heading":"Validity of complying development certificates—the Act, s 4.59","content":"#### 161 Validity of complying development certificates—the Act, s 4.59\n\n161 Validity of complying development certificates—the Act, s 4.59\n\n> A notice relating to the issue of a complying development certificate, including a certificate issued by a registered certifier, that describes the land and the complying development must be published on the relevant council’s website.","sortOrder":213},{"sectionNumber":"Part 7","sectionType":"part","heading":"Existing uses—the Act, Div 4.11","content":"# Part 7 Existing uses—the Act, Div 4.11\n\nPart 7 Existing uses—the Act, Div 4.11","sortOrder":214},{"sectionNumber":"162","sectionType":"section","heading":"Application of Part","content":"#### 162 Application of Part\n\n162 Application of Part\n\n> > (1) The provisions of this Part are provisions in force for the purposes of the Act, section 4.67(1).\n> > \n> > Note—\n> > \n> > The Act, section 4.67(2) provides that the provisions in force for the purposes of the Act, section 4.67(1) are taken to be incorporated in every environmental planning instrument.\n> \n> > (2) In this Part—\n> > \n> > relevant day means—\n> > \n> > > (a) in relation to an existing use referred to in the Act, section 4.65(a)—the day on which an environmental planning instrument having the effect of prohibiting the existing use first comes into force, or\n> > \n> > > (b) in relation to an existing use referred to in the Act, section 4.65(b)—the day on which the building, work or land being used for the existing use was first erected, carried out or used.","sortOrder":215},{"sectionNumber":"163","sectionType":"section","heading":"Certain development allowed","content":"#### 163 Certain development allowed\n\n163 Certain development allowed\n\n> > (1) An existing use may, subject to this Part—\n> > \n> > > (a) be enlarged, expanded or intensified, or\n> > \n> > > (b) be altered or extended, or\n> > \n> > > (c) be rebuilt, or\n> > \n> > > (d) be changed to another use, but only if the other use is a use that may be carried out with or without development consent under the Act, or\n> > \n> > > (e) if it is a commercial use—be changed to another commercial use, including a commercial use that would otherwise be prohibited under the Act, or\n> > \n> > > (f) if it is a light industrial use—be changed to another light industrial use or a commercial use, including a light industrial use or commercial use that would otherwise be prohibited under the Act.\n> \n> > (2) However, an existing use must not be changed under subsection (1)(e) or (f) unless the change—\n> > \n> > > (a) involves only minor alterations, and\n> > \n> > > (b) does not involve an increase of more than 10% in the gross floor area of the premises associated with the existing use, and\n> > \n> > > (c) does not involve the rebuilding of the premises associated with the existing use, and\n> > \n> > > (d) does not involve a significant intensification of the existing use.\n> \n> > (3) In this section—\n> > \n> > commercial use means the use of a building, work or land for the purposes of commercial premises.\n> > \n> > light industrial use means the use of a building, work or land for the purposes of light industry.","sortOrder":216},{"sectionNumber":"164","sectionType":"section","heading":"Enlargement, expansion and intensification of existing uses","content":"#### 164 Enlargement, expansion and intensification of existing uses\n\n164 Enlargement, expansion and intensification of existing uses\n\n> > (1) Development consent is required for any enlargement, expansion or intensification of an existing use.\n> \n> > (2) The enlargement, expansion or intensification must be—\n> > \n> > > (a) for the existing use and for no other use, and\n> > \n> > > (b) carried out only on the land on which the existing use was carried out immediately before the relevant day.","sortOrder":217},{"sectionNumber":"165","sectionType":"section","heading":"Alteration of buildings and works","content":"#### 165 Alteration of buildings and works\n\n165 Alteration of buildings and works\n\n> > (1) Development consent is required for an alteration of a building or work used for an existing use.\n> \n> > (2) The alteration must be—\n> > \n> > > (a) for the existing use of the building or work and for no other use, and\n> > \n> > > (b) erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant day.","sortOrder":218},{"sectionNumber":"166","sectionType":"section","heading":"Rebuilding of buildings and works","content":"#### 166 Rebuilding of buildings and works\n\n166 Rebuilding of buildings and works\n\n> > (1) Development consent is required for any rebuilding of a building or work used for an existing use.\n> \n> > (2) The rebuilding must be—\n> > \n> > > (a) for the existing use of the building or work and for no other use, and\n> > \n> > > (b) carried out only on the land on which the building or work was erected or carried out immediately before the relevant day.","sortOrder":219},{"sectionNumber":"167","sectionType":"section","heading":"Change of existing uses","content":"#### 167 Change of existing uses\n\n167 Change of existing uses\n\n> > (1) Development consent is required for—\n> > \n> > > (a) a change of an existing use to another use, and\n> > \n> > > (b) for a building, work or land that is used for different existing uses—a change in the proportions in which the various parts of the building, work or land are used for the different existing uses.\n> \n> > (2) This Part does not prevent the granting of a development consent referred to in another provision of this Part at the same time as the granting of a development consent referred to in subsection (1).","sortOrder":220},{"sectionNumber":"Part 8","sectionType":"part","heading":"Infrastructure and environmental impact assessment","content":"# Part 8 Infrastructure and environmental impact assessment\n\nPart 8 Infrastructure and environmental impact assessment","sortOrder":221},{"sectionNumber":"168","sectionType":"section","heading":"Definitions","content":"#### 168 Definitions\n\n168 Definitions\n\n> > (1) In this Part—\n> > \n> > environmental assessment requirements means—\n> > \n> > > (a) in relation to State significant development, designated development or an activity under the Act, Division 5.1—the environmental assessment requirements prepared by the Planning Secretary and notified under section 176, and\n> > \n> > > (b) in relation to State significant infrastructure—the requirements prepared by the Planning Secretary under the Act, section 5.16.\n> > \n> > environmental factors—see section 170.\n> > \n> > environmental factors guidelines means guidelines issued by the Planning Secretary under section 170.\n> > \n> > responsible person means the applicant or proponent responsible for preparing an environmental impact statement.\n> \n> > (2) For the purposes of the Act, section 5.11, definition of infrastructure, if a single development comprises development that is only partly infrastructure, the remainder of the development, for whatever purposes, is also infrastructure.","sortOrder":223},{"sectionNumber":"169","sectionType":"section","heading":"Development that is not an activity","content":"#### 169 Development that is not an activity\n\n169 Development that is not an activity\n\n> For the Act, section 5.1(1), definition of activity, the following development is not an activity—\n> \n> > (a) the demolition of a temporary structure,\n> \n> > (b) development for the purposes of camping grounds or caravan parks that is permitted without development consent under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 10,\n> \n> > (c) development for the following purposes that is permitted without development consent under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2, Part 2.3, Division 27—\n> > \n> > > (i) early education and care facilities,\n> > \n> > > (ii) health services facilities, other than patient transport facilities or hospitals,\n> > \n> > > (iii) schools,\n> \n> > (d) development for the following purposes that is permitted without development consent under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2, Part 2.3, Division 9—\n> > \n> > > (i) bee keeping,\n> > \n> > > (ii) grazing.\n> \n> **s 169:** Subst 2022 (146), sec 3. Am 2022 (266), sec 3(1); 2022 (654), sec 3(1) (2).","sortOrder":224},{"sectionNumber":"170","sectionType":"section","heading":"Planning Secretary guidelines about review of environmental factors—the Act, s 5.10(a)","content":"#### 170 Planning Secretary guidelines about review of environmental factors—the Act, s 5.10(a)\n\n170 Planning Secretary guidelines about review of environmental factors—the Act, s 5.10(a)\n\n> > (1) The Planning Secretary may issue guidelines in relation to—\n> > \n> > > (a) the factors to be taken into account by a determining authority when considering the likely impact of an activity (the environmental factors), and\n> > \n> > > (b) the form of the document required to be prepared by a determining authority under section 171.\n> \n> > (2) The guidelines must be published on the NSW planning portal.\n> \n> > (3) The Planning Secretary may vary or revoke the guidelines.","sortOrder":225},{"sectionNumber":"171","sectionType":"section","heading":"Review of environmental factors—the Act, s 5.10(a)","content":"#### 171 Review of environmental factors—the Act, s 5.10(a)\n\n171 Review of environmental factors—the Act, s 5.10(a)\n\n> > (1) When considering the likely impact of an activity on the environment, the determining authority must take into account the environmental factors specified in the environmental factors guidelines that apply to the activity.\n> \n> > (2) If there are no environmental factors guidelines in force, the determining authority must take into account the following environmental factors—\n> > \n> > > (a) the environmental impact on the community,\n> > \n> > > (b) the transformation of the locality,\n> > \n> > > (c) the environmental impact on the ecosystems of the locality,\n> > \n> > > (d) reduction of the aesthetic, recreational, scientific or other environmental quality or value of the locality,\n> > \n> > > (e) the effects on any locality, place or building that has—\n> > > \n> > > > (i) aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance, or\n> > > \n> > > > (ii) other special value for present or future generations,\n> > \n> > > (f) the impact on the habitat of protected animals, within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (g) the endangering of a species of animal, plant or other form of life, whether living on land, in water or in the air,\n> > \n> > > (h) long-term effects on the environment,\n> > \n> > > (i) degradation of the quality of the environment,\n> > \n> > > (j) risk to the safety of the environment,\n> > \n> > > (k) reduction in the range of beneficial uses of the environment,\n> > \n> > > (l) pollution of the environment,\n> > \n> > > (m) environmental problems associated with the disposal of waste,\n> > \n> > > (n) increased demands on natural or other resources that are, or are likely to become, in short supply,\n> > \n> > > (o) the cumulative environmental effect with other existing or likely future activities,\n> > \n> > > (p) the impact on coastal processes and coastal hazards, including those under projected climate change conditions,\n> > \n> > > (q) applicable local strategic planning statements, regional strategic plans or district strategic plans made under the Act, Division 3.1,\n> > \n> > > (r) other relevant environmental factors.\n> \n> > (3) A determining authority must prepare a review of the environmental factors that demonstrates how the environmental factors specified in the environmental factors guidelines, or the environmental factors specified in subsection (2) if no guidelines are in force, were taken into account when considering the likely impact of an activity.\n> \n> > (4) The review of environmental factors must be published on the determining authority’s website or the NSW planning portal if—\n> > \n> > > (a) the activity has an estimated development cost of more than $5 million, or\n> > \n> > > (b) the activity requires an approval or permit as referred to in any of the following provisions before it may be carried out—\n> > > \n> > > > (i) [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), sections 144, 200, 205 or 219,\n> > > \n> > > > (ii) [Heritage Act 1977](/view/html/inforce/current/act-1977-136), section 57,\n> > > \n> > > > (iii) [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), section 90,\n> > > \n> > > > (iv) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), sections 47–49 or 122, or\n> > \n> > > (b1) the activity is development carried out under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 2.61A or 3.37A, or\n> > \n> > > (c) the determining authority considers that it is in the public interest to publish the review.\n> \n> > (5) The review must be published under subsection (4)—\n> > \n> > > (a) before the activity commences, or\n> > \n> > > (b) if publishing the review before the activity commences is not practicable—as soon as practicable, and no later than 1 month, after the activity commences.\n> \n> > (6) Subsection (4) does not apply in relation to a review of an activity—\n> > \n> > > (a) that belongs to a class specified by the Planning Secretary in a notice published on the Department’s website for the purposes of this section, or\n> > \n> > > (b) to which an approved code under Division 6 applies.\n> \n> > (7) If a provision of an approved code under Division 6 applies to a determining authority’s exercise of functions under the Act, section 5.5, the provision of the approved code prevails to the extent of an inconsistency with a provision of this section.\n> \n> > (8) Subsection (4) applies on and from 1 July 2022.\n> \n> **s 171:** Am 2022 (40), Sch 1\\[38\\]; 2022 (702), Sch 1\\[17\\]; 2023 (512), Sch 1\\[2\\]; 2024 (577), Sch 1\\[1\\].","sortOrder":226},{"sectionNumber":"171A","sectionType":"section","heading":"Activities in catchments—the Act, s 5.10(a)","content":"#### 171A Activities in catchments—the Act, s 5.10(a)\n\n171A Activities in catchments—the Act, s 5.10(a)\n\n> > (1) When considering the likely impact on the environment of an activity proposed to be carried out in a regulated catchment, a determining authority must take into account—\n> > \n> > > (a) the matters a consent authority must consider under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), sections 6.6(1), 6.7(1), 6.8(1) and 6.9(1), and\n> > \n> > > (b) the matters of which a consent authority must be satisfied under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), sections 6.6(2), 6.7(2), 6.8(2) and 6.9(2).\n> \n> > (2) However, the determining authority is not required to take into account the matters specified in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.9(1) or (2) if the activity is proposed to be carried out in a special area under the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074).\n> \n> > (3) When considering the likely impact on the environment of an activity proposed to be carried out in the Sydney Drinking Water Catchment, the determining authority—\n> > \n> > > (a) must, in addition to the matters referred to in subsection (1), take into account whether the activity—\n> > > \n> > > > (i) will have a neutral or beneficial effect on water quality, and\n> > > \n> > > > (ii) is consistent with the NorBE Guideline within the meaning of [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Part 6.5, and\n> > \n> > > (b) is not required to take into account the matters specified in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.6(1)(a) or (2)(a).\n> \n> > (4) When considering the likely impact on the environment of an activity proposed to be carried out in the Sydney Harbour Catchment, the determining authority must, in addition to the matters referred to in subsection (1), take into account the matters a consent authority must consider under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.28(1).\n> \n> > (5) The requirements of this section are in addition to the requirements specified in section 171.\n> \n> > (6) In this section—\n> > \n> > regulated catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6.\n> > \n> > Sydney Drinking Water Catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6.\n> > \n> > Sydney Harbour Catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6.\n> \n> **s 171A:** Ins 2022 (621), Sch 1.","sortOrder":227},{"sectionNumber":"172","sectionType":"section","heading":"Application of Division","content":"#### 172 Application of Division\n\n172 Application of Division\n\n> > (1) This Division applies to an environmental impact statement prepared under the Act, section 4.12(8) or Division 5.1 only.\n> \n> > (2) This Division does not apply to an environmental impact statement prepared under the Act, section 5.16.","sortOrder":229},{"sectionNumber":"173","sectionType":"section","heading":"Application to Planning Secretary for environmental assessment requirements","content":"#### 173 Application to Planning Secretary for environmental assessment requirements\n\n173 Application to Planning Secretary for environmental assessment requirements\n\n> > (1) Before preparing an environmental impact statement, the responsible person must apply to the Planning Secretary for the environmental assessment requirements for the environmental impact statement.\n> \n> > (2) The application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain details of the location, nature and scale of the development or activity.\n> \n> > (3) If the application relates to State significant development, the applicant must have regard to the State Significant Development Guidelines in preparing the application.\n> \n> > (4) The Planning Secretary may require the responsible person to provide further information about the location, nature and scale of the development or activity.\n> \n> > (5) The Planning Secretary may at any time waive the requirement for an application in relation to—\n> > \n> > > (a) a particular development or activity, or\n> > \n> > > (b) a particular class or description of development or activity.\n> \n> > (6) A waiver may be given subject to conditions or unconditionally.\n> \n> > (7) Subsection (5) does not apply to the following development—\n> > \n> > > (a) integrated development,\n> > \n> > > (b) State significant development that, but for the Act, section 4.41, would require an authorisation specified in that section,\n> > \n> > > (c) State significant development for which an authorisation, other than a consent under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 138, must be given under the Act, section 4.42.\n> \n> **s 173:** Am 2022 (142), Sch 1\\[1\\].","sortOrder":230},{"sectionNumber":"174","sectionType":"section","heading":"Application for environmental assessment requirements for integrated development","content":"#### 174 Application for environmental assessment requirements for integrated development\n\n174 Application for environmental assessment requirements for integrated development\n\n> > (1) This section applies to an application for the environmental assessment requirements for integrated development.\n> \n> > (2) In addition to the requirements under section 173, the application must contain details of the approvals that are required for the development.\n> \n> > (3) After receiving an application, the Planning Secretary must, by written notice, request each relevant approval body to give the approval body’s requirements in relation to the environmental impact statement to the Planning Secretary.\n> \n> > (4) If the approval body’s requirements are given to the Planning Secretary within 14 days after receipt of the Planning Secretary’s request, the Planning Secretary must notify the approval body of the environmental assessment requirements and any modifications to the requirements.\n> \n> > (5) If the approval body’s requirements are not given to the Planning Secretary within 14 days, the Planning Secretary must give written notice to the responsible person.\n> \n> > (6) After receiving notice under subsection (5), the responsible person must—\n> > \n> > > (a) apply to the approval body for its requirements in relation to the environmental impact statement, and\n> > \n> > > (b) if the approval body gives its requirements to the responsible person—consider the requirements in completing the environmental impact statement.\n> \n> > (7) In this section—\n> > \n> > approval body’s requirements means the approval body’s requirements in relation to an environmental impact statement for the purposes of its decision about the general terms of the approval in relation to the development, including whether it will grant an approval.","sortOrder":231},{"sectionNumber":"175","sectionType":"section","heading":"Environmental assessment requirements for State significant development","content":"#### 175 Environmental assessment requirements for State significant development\n\n175 Environmental assessment requirements for State significant development\n\n> > (1) This section applies to the environmental assessment requirements for State significant development in addition to the requirements under section 173.\n> \n> > (2) In preparing the environmental assessment requirements for nominated State significant development, the Planning Secretary must—\n> > \n> > > (a) consult relevant public authorities, and\n> > \n> > > (b) consider whether the requirements need to assess any key issues raised by the public authorities.\n> \n> > (3) In preparing the environmental assessment requirements for development in relation to which a gateway certificate has been issued, the Planning Secretary must address any recommendations of the Gateway Panel set out in the certificate.\n> \n> > (4) In preparing the environmental assessment requirements for development in relation to which an unconditional gateway certificate has been issued, the Planning Secretary must—\n> > \n> > > (a) consult the Gateway Panel, and\n> > \n> > > (b) consider whether the requirements need to assess any key issues raised by the Panel.\n> \n> > (5) If a gateway certificate is issued for the development after the environmental assessment requirements for the development have been notified under section 176, the Planning Secretary—\n> > \n> > > (a) must consider any recommendations of the Gateway Panel set out in the gateway certificate, and\n> > \n> > > (b) may modify the requirements in accordance with section 180.\n> \n> > (6) In this section—\n> > \n> > Gateway Panel means the Mining and Petroleum Gateway Panel under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.\n> > \n> > nominated State significant development means State significant development that—\n> > \n> > > (a) would, but for the Act, section 4.10(2), be designated development, or\n> > \n> > > (b) is partly prohibited by an environmental planning instrument, or\n> > \n> > > (c) is wholly prohibited by an environmental planning instrument, to the extent that the Act, section 4.38(5) applies, or\n> > \n> > > (d) is part of a concept development application.\n> > \n> > unconditional gateway certificate means an unconditional certificate under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.\n> \n> **s 175:** Am 2022 (40), Sch 1\\[39\\] \\[40\\].","sortOrder":232},{"sectionNumber":"176","sectionType":"section","heading":"Notice of environmental assessment requirements","content":"#### 176 Notice of environmental assessment requirements\n\n176 Notice of environmental assessment requirements\n\n> > (1) The Planning Secretary must give written notice of the environmental assessment requirements to—\n> > \n> > > (a) the responsible person, and\n> > \n> > > (b) if relevant, the relevant consent authority or determining authority.\n> \n> > (2) The notice must be given—\n> > \n> > > (a) within 28 days after the application is made under section 173, or\n> > \n> > > (b) if the Planning Secretary requests further information—within 28 days after the information is given to the Planning Secretary, or\n> > \n> > > (c) within a further period agreed between the Planning Secretary and the responsible person.\n> \n> > (3) The Planning Secretary may modify the environmental assessment requirements by further written notice.\n> \n> > (4) The Planning Secretary may impose environmental assessment requirements by reference to specified publications.","sortOrder":233},{"sectionNumber":"177","sectionType":"section","heading":"Expiry of environmental assessment requirements for State significant development","content":"#### 177 Expiry of environmental assessment requirements for State significant development\n\n177 Expiry of environmental assessment requirements for State significant development\n\n> > (1) Subject to section 177A, if a development application for State significant development is not made within 2 years after notice of the environmental assessment requirements is last given to the responsible person under section 176, the environmental assessment requirements expire.\n> \n> > (2) The Planning Secretary may, on the written request of the responsible person, extend the period specified in subsection (1).\n> \n> > (3) The responsible person must request an extension before the end of the period.\n> \n> > (4) More than 1 request for an extension may be made but the total period of extension must not exceed 2 years.\n> \n> **s 177:** Am 2026 (59), Sch 1\\[1\\].","sortOrder":234},{"sectionNumber":"177A","sectionType":"section","heading":"Expiry of environmental assessment requirements for State significant development declared by order that includes residential accommodation","content":"#### 177A Expiry of environmental assessment requirements for State significant development declared by order that includes residential accommodation\n\n177A Expiry of environmental assessment requirements for State significant development declared by order that includes residential accommodation\n\n> > (1) This section applies to a development application for development that—\n> > \n> > > (a) is declared to be State significant development by a Ministerial planning order under the Act, section 4.36(3), and\n> > \n> > > (b) includes residential accommodation.\n> \n> > (2) If a development application for State significant development described in subsection (1) is not made within 9 months after notice of the environmental assessment requirements is last given to the responsible person under section 176, the environmental assessment requirements expire.\n> \n> > (3) The Planning Secretary may, on the written request of the responsible person, extend the period specified in subsection (2).\n> \n> > (3A) A request for an extension may only be made before the end of the period.\n> \n> > (4) The period may be extended more than once but the total period of extension must not exceed 3 months.\n> \n> > (5) To avoid doubt, this section also applies to environmental assessment requirements issued before the commencement of this section.\n> \n> **s 177A:** Ins 2026 (59), Sch 1\\[2\\]. Am 2026 (59), Sch 1\\[3\\].","sortOrder":235},{"sectionNumber":"178","sectionType":"section","heading":"Duration of environmental assessment requirements for designated development and other activities","content":"#### 178 Duration of environmental assessment requirements for designated development and other activities\n\n178 Duration of environmental assessment requirements for designated development and other activities\n\n> > (1) This section applies to the following applications—\n> > \n> > > (a) a development application for designated development,\n> > \n> > > (b) an application for approval of an activity.\n> \n> > (2) If the application is not made within 2 years after notice of the environmental assessment requirements is last given to the responsible person under section 176, the responsible person must further consult the Planning Secretary in relation to the preparation of the environmental impact statement.","sortOrder":236},{"sectionNumber":"178A","sectionType":"section","heading":"Advice about design of State significant development","content":"#### 178A Advice about design of State significant development\n\n178A Advice about design of State significant development\n\n> > (1) The Planning Secretary may, before an environmental impact statement is prepared in relation to proposed State significant development, provide advice to the responsible person about the design of the development, including in relation to how the development gives effect to the objects of the Act specified in the Act, section 1.3(f) and (g).\n> \n> > (2) In providing the advice, the Planning Secretary may consider the document Better Placed—an integrated design policy for the built environment of NSW published by the Department from time to time.\n> \n> **s 178A:** Ins 2023 (350), Sch 1\\[3\\].","sortOrder":237},{"sectionNumber":"179","sectionType":"section","heading":"Applications for approval","content":"#### 179 Applications for approval\n\n179 Applications for approval\n\n> > (1) An application for approval of the Minister to carry out State significant infrastructure must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) submitted on the NSW planning portal.\n> \n> > (2) An application may, with the approval of the Planning Secretary, be amended at any time before the application is determined.\n> \n> > (3) An application to amend an application for approval of the Minister to carry out State significant infrastructure must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain details of the amendment, and\n> > \n> > > (ba) be prepared having regard to the State Significant Infrastructure Guidelines, and\n> > \n> > > (c) be submitted on the NSW planning portal.\n> \n> > (4) (Repealed)\n> \n> > (5) The fees for an application for approval, including an additional fee for critical State significant infrastructure, are specified in Schedule 4 and determined in accordance with Part 13.\n> \n> **s 179:** Am 2022 (142), Sch 1\\[6\\] \\[7\\].","sortOrder":239},{"sectionNumber":"180","sectionType":"section","heading":"Modification requests","content":"#### 180 Modification requests\n\n180 Modification requests\n\n> > (1) A modification request must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain details of the modification, and\n> > \n> > > (ba) be prepared having regard to the State Significant Infrastructure Guidelines, and\n> > \n> > > (c) be submitted on the NSW planning portal.\n> \n> > (2) (Repealed)\n> \n> > (3) A modification request may, with the approval of the Planning Secretary, be amended at any time before the request is determined.\n> \n> > (4) An application to amend a modification request must—\n> > \n> > > (a) contain details of the amendment, and\n> > \n> > > (b) be submitted on the NSW planning portal.\n> \n> > (5) The fees payable for the following are specified in Schedule 4—\n> > \n> > > (a) a modification request,\n> > \n> > > (b) giving of notice of a modification request required under the Act, other than on the NSW planning portal.\n> \n> **s 180:** Am 2022 (142), Sch 1\\[8\\] \\[9\\].","sortOrder":240},{"sectionNumber":"181","sectionType":"section","heading":"Owner’s consent for applications for approval and modification requests","content":"#### 181 Owner’s consent for applications for approval and modification requests\n\n181 Owner’s consent for applications for approval and modification requests\n\n> > (1) This section applies to—\n> > \n> > > (a) an application for the Minister’s approval to carry out State significant infrastructure, and\n> > \n> > > (b) a modification request.\n> \n> > (2) An application may be made only with the consent of the owner of the land on which the State significant infrastructure will be carried out.\n> \n> > (3) If an application relates to land owned by a Local Aboriginal Land Council and requires the consent of the Local Aboriginal Land Council, the consent of the New South Wales Aboriginal Land Council is also required.\n> \n> > (4) Consent may be obtained at any time before the determination of the application.\n> \n> > (5) Consent of the owner is not required for an application for the following State significant infrastructure—\n> > \n> > > (a) State significant infrastructure that will be carried out by a proponent that is a public authority,\n> > \n> > > (b) critical State significant infrastructure,\n> > \n> > > (c) State significant infrastructure comprising 1 or more of the following—\n> > > \n> > > > (i) linear transport infrastructure,\n> > > \n> > > > (ii) utility infrastructure,\n> > > \n> > > > (iii) infrastructure on land with multiple owners designated by the Planning Secretary for the purposes of this section by written notice to the person making the application or request,\n> > \n> > > (d) State significant infrastructure that involves development for a purpose specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, section 5(1)–(4).\n> \n> > (6) The proponent of State significant infrastructure specified in subsection (5) must—\n> > \n> > > (a) arrange for the Minister to publish notice of the application on the NSW planning portal, and\n> > \n> > > (b) give notice of the application during the relevant period by—\n> > > \n> > > > (i) giving written notice to the owner of the land, or\n> > > \n> > > > (ii) an advertisement published in a newspaper circulating in the area in which the infrastructure will be carried out.\n> \n> > (7) In this section—\n> > \n> > application means—\n> > \n> > > (a) an application for the Minister’s approval to carry out State significant infrastructure, or\n> > \n> > > (b) a modification request.\n> > \n> > relevant period means—\n> > \n> > > (a) for written notice under subsection (6)(b)(i)—the period ending 14 days after the application is made, or\n> > \n> > > (b) for an advertisement under subsection (6)(b)(ii) for an application for the Minister’s approval—the period ending 14 days before the environmental impact statement relating to the infrastructure is publicly exhibited, or\n> > \n> > > (c) for an advertisement under subsection (6)(b)(ii) for a modification request—the period ending 14 days after the modification request is made.\n> \n> **s 181:** Am 2022 (40), Sch 1\\[41\\].","sortOrder":241},{"sectionNumber":"182","sectionType":"section","heading":"Preparation of environmental assessment requirements","content":"#### 182 Preparation of environmental assessment requirements\n\n182 Preparation of environmental assessment requirements\n\n> > (1) In preparing the environmental assessment requirements for State significant infrastructure, the Planning Secretary may require the proponent to provide more information.\n> \n> > (2) The environmental assessment requirements may be imposed by reference to specified publications.","sortOrder":243},{"sectionNumber":"183","sectionType":"section","heading":"Expiry of environmental assessment requirements","content":"#### 183 Expiry of environmental assessment requirements\n\n183 Expiry of environmental assessment requirements\n\n> > (1) If an environmental impact statement is not submitted to the Planning Secretary under the Act, section 5.17 within 2 years after the proponent is last notified under the Act, section 5.16(4), the environmental assessment requirements expire.\n> \n> > (2) The Planning Secretary may, on the written request of the proponent, extend the period after which the environmental assessment requirements expire.\n> \n> > (3) The proponent must request an extension before the expiry of the environmental assessment requirements.\n> \n> > (4) More than 1 request for an extension may be made but the total period of extension must not exceed 2 years.","sortOrder":244},{"sectionNumber":"184","sectionType":"section","heading":"Environmental impact statement for infrastructure on land near Siding Spring Observatory—the Act, s 5.29(e)","content":"#### 184 Environmental impact statement for infrastructure on land near Siding Spring Observatory—the Act, s 5.29(e)\n\n184 Environmental impact statement for infrastructure on land near Siding Spring Observatory—the Act, s 5.29(e)\n\n> When preparing an environmental impact statement for State significant infrastructure on land less than 200 kilometres from the Siding Spring Observatory, the proponent must consider the Dark Sky Planning Guideline.","sortOrder":245},{"sectionNumber":"185","sectionType":"section","heading":"Planning Secretary’s environmental assessment report","content":"#### 185 Planning Secretary’s environmental assessment report\n\n185 Planning Secretary’s environmental assessment report\n\n> > (1) The Planning Secretary must give the report under the Act, section 5.18 to the Minister within 90 days after the end of the public exhibition period for the environmental impact statement to which the report relates.\n> \n> > (2) The 90-day period does not include the time during which the Planning Secretary is waiting for a response or a preferred infrastructure report required from the proponent under the Act, section 5.17(6).","sortOrder":246},{"sectionNumber":"186","sectionType":"section","heading":"State significant infrastructure documents to be publicly available","content":"#### 186 State significant infrastructure documents to be publicly available\n\n186 State significant infrastructure documents to be publicly available\n\n> > (1) For the purposes of the Act, section 5.28(1), the documents must be published on the NSW planning portal.\n> \n> > (2) For the purposes of the Act, section 5.28(1)(i), submissions made under the Act, section 5.17, or the report of the issues raised in the submissions, are prescribed.","sortOrder":247},{"sectionNumber":"187","sectionType":"section","heading":"Surrender of approvals or existing use rights—the Act, s 5.28(4)","content":"#### 187 Surrender of approvals or existing use rights—the Act, s 5.28(4)\n\n187 Surrender of approvals or existing use rights—the Act, s 5.28(4)\n\n> > (1) A surrender of an approval for State significant infrastructure or of a right conferred by the Act, Division 4.11 must be made by giving the Planning Secretary a written notice of the surrender.\n> \n> > (2) The notice of surrender must contain the following information—\n> > \n> > > (a) the name and address of the person giving the notice,\n> > \n> > > (b) the address and folio identifier of the land to which the approval or right relates,\n> > \n> > > (c) a description of the approval or right to be surrendered,\n> > \n> > > (d) if the person giving notice is not the owner of the land—a statement by the owner of the land that the owner consents to the surrender of the approval or right.\n> \n> > (3) A notice of surrender takes effect on the day determined by the Planning Secretary.\n> \n> > (4) A notice of surrender operates, according to its terms, to surrender the approval or right to which it relates.","sortOrder":248},{"sectionNumber":"188","sectionType":"section","heading":"Application of the Act, Part 6 to State significant infrastructure—the Act, s 6.33(2)","content":"#### 188 Application of the Act, Part 6 to State significant infrastructure—the Act, s 6.33(2)\n\n188 Application of the Act, Part 6 to State significant infrastructure—the Act, s 6.33(2)\n\n> > (1) A relevant provision applies to approved State significant infrastructure in the same way as it applies, with necessary modifications, to development to which a development consent relates.\n> \n> > (2) For the purposes of this section, a reference in the Act, Part 6 to a development consent is taken to include a reference to an approval of State significant infrastructure.\n> \n> > (3) A relevant provision—\n> > \n> > > (a) does not apply unless that provision would have applied if the development was not State significant infrastructure, and\n> > \n> > > (b) applies to critical State significant infrastructure only if the Minister, when giving approval to the infrastructure, makes it a condition of the approval that the provision applies.\n> \n> > (4) In this section—\n> > \n> > relevant provision means—\n> > \n> > > (a) the Act, section 6.6, 6.9 or 6.12, or\n> > \n> > > (b) a provision of the Act relating to the issue of a subdivision certificate.","sortOrder":249},{"sectionNumber":"189","sectionType":"section","heading":"Definitions","content":"#### 189 Definitions\n\n189 Definitions\n\n> In this Division—\n> \n> infrastructure means State significant infrastructure.","sortOrder":251},{"sectionNumber":"190","sectionType":"section","heading":"Form of environmental impact statement","content":"#### 190 Form of environmental impact statement\n\n190 Form of environmental impact statement\n\n> > (1) An environmental impact statement must contain the following information—\n> > \n> > > (a) the name, address and professional qualifications of the person who prepared the statement,\n> > \n> > > (b) the name and address of the responsible person,\n> > \n> > > (c) the address of the land—\n> > > \n> > > > (i) to which the development application relates, or\n> > > \n> > > > (ii) on which the activity or infrastructure to which the statement relates will be carried out,\n> > \n> > > (d) a description of the development, activity or infrastructure,\n> > \n> > > (e) an assessment by the person who prepared the statement of the environmental impact of the development, activity or infrastructure, dealing with the matters referred to in this Division.\n> \n> > (2) The person preparing the statement must have regard to—\n> > \n> > > (a) for State significant development—the State Significant Development Guidelines, or\n> > \n> > > (b) for State significant infrastructure—the State Significant Infrastructure Guidelines.\n> \n> > (3) An environmental impact statement must also contain a declaration by a relevant person that—\n> > \n> > > (a) the statement has been prepared in accordance with this Regulation, and\n> > \n> > > (b) the statement contains all available information that is relevant to the environmental assessment of the development, activity or infrastructure, and\n> > \n> > > (c) the information contained in the statement is not false or misleading, and\n> > \n> > > (d) for State significant development or State significant infrastructure—the statement contains the information required under the Registered Environmental Assessment Practitioner Guidelines.\n> \n> > (4) In this section—\n> > \n> > registered environmental assessment practitioner means a person who is registered or certified under a professional scheme that is specified as a registered environmental assessment practitioner scheme in the Accredited Registered Environmental Assessment Practitioner (REAP) Schemes published on the NSW Planning Portal on 1 July 2021.\n> > \n> > Registered Environmental Assessment Practitioner Guidelines means the Registered Environmental Assessment Practitioner Guidelines prepared by the Planning Secretary as in force from time to time and published on the Department’s website.\n> > \n> > relevant person means—\n> > \n> > > (a) for State significant development or State significant infrastructure—a registered environmental assessment practitioner, or\n> > \n> > > (b) otherwise—the person who prepares the environmental impact statement.\n> \n> **s 190:** Am 2021 (759), Sch 8\\[1\\]; 2022 (142), Sch 1\\[1\\].","sortOrder":252},{"sectionNumber":"191","sectionType":"section","heading":"Compliance with environmental assessment requirements","content":"#### 191 Compliance with environmental assessment requirements\n\n191 Compliance with environmental assessment requirements\n\n> The environmental impact statement must comply with the environmental assessment requirements notified under section 176 or the Act, section 5.16(4).","sortOrder":253},{"sectionNumber":"192","sectionType":"section","heading":"Content of environmental impact statement","content":"#### 192 Content of environmental impact statement\n\n192 Content of environmental impact statement\n\n> > (1) An environmental impact statement must contain the following—\n> > \n> > > (a) a summary of the environmental impact statement,\n> > \n> > > (b) a statement of the objectives of the development, activity or infrastructure,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) an analysis of the development, activity or infrastructure, including—\n> > > \n> > > > (i) a full description of the development, activity or infrastructure, and\n> > > \n> > > > (ii) a general description of the environment likely to be affected by the development, activity or infrastructure and a detailed description of the aspects of the environment that are likely to be significantly affected, and\n> > > \n> > > > (iii) the significant likely impacts on the environment of the development, activity or infrastructure, and\n> > > \n> > > > (iv) a full description of the proposed measures to mitigate adverse effects of the development, activity or infrastructure on the environment, and\n> > > \n> > > > (v) a list of the approvals that must be obtained under another Act or law before the development, activity or infrastructure may lawfully be carried out,\n> > \n> > > (e) a compilation, in a single section of the environmental impact statement, of the proposed measures referred to in paragraph (d)(iv),\n> > \n> > > (f) the reasons justifying the carrying out of the development, activity or infrastructure, considering biophysical, economic and social factors, including the principles of ecologically sustainable development set out in section 193.\n> > > \n> > > Note—\n> > > \n> > > A cost benefit analysis may be submitted or referred to in the reasons justifying the carrying out of the development, activity or infrastructure.\n> \n> > (2) This section is subject to the environmental assessment requirements that relate to the environmental impact statement.\n> \n> > (3) This section does not apply if—\n> > \n> > > (a) the Planning Secretary has waived the requirement for an application for environmental assessment requirements in relation to an environmental impact statement for State significant development, and\n> > \n> > > (b) the conditions of the waiver specify that the environmental impact statement must instead comply with requirements set out or referred to in the conditions.\n> \n> > (4) A document adopted or referred to by an environmental impact statement is taken to form part of the statement.\n> \n> **s 192:** Am 2026 (72), Sch 1\\[1\\]–\\[3\\].","sortOrder":254},{"sectionNumber":"193","sectionType":"section","heading":"Principles of ecologically sustainable development","content":"#### 193 Principles of ecologically sustainable development\n\n193 Principles of ecologically sustainable development\n\n> > (1) The principles of ecologically sustainable development are the following—\n> > \n> > > (a) the precautionary principle,\n> > \n> > > (b) inter-generational equity,\n> > \n> > > (c) conservation of biological diversity and ecological integrity,\n> > \n> > > (d) improved valuation, pricing and incentive mechanisms.\n> \n> > (2) The precautionary principle is that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.\n> \n> > (3) In applying the precautionary principle, public and private decisions should be guided by—\n> > \n> > > (a) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and\n> > \n> > > (b) an assessment of the risk-weighted consequences of various options.\n> \n> > (4) The principle of inter-generational equity is that the present generation should ensure the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations.\n> \n> > (5) The principle of the conservation of biological diversity and ecological integrity is that the conservation of biological diversity and ecological integrity should be a fundamental consideration.\n> \n> > (6) The principle of improved valuation, pricing and incentive mechanisms is that environmental factors should be included in the valuation of assets and services, such as—\n> > \n> > > (a) polluter pays, that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, and\n> > \n> > > (b) the users of goods and services should pay prices based on the full life cycle of the costs of providing the goods and services, including the use of natural resources and assets and the ultimate disposal of waste, and\n> > \n> > > (c) established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.","sortOrder":255},{"sectionNumber":"194","sectionType":"section","heading":"Publication of environmental impact statements—the Act, s 5.8","content":"#### 194 Publication of environmental impact statements—the Act, s 5.8\n\n194 Publication of environmental impact statements—the Act, s 5.8\n\n> > (1) The notice required under the Act, section 5.8(1) must also contain the following—\n> > \n> > > (a) the following heading in capital letters and bold type—\n> > > \n> > > > “**ASSESSMENT OF ENVIRONMENTAL IMPACT OF** (*a title description of the proposed activity and its location*)—**PUBLIC EXHIBITION**”\n> > \n> > > (b) a brief description of the proposed activity and its locality,\n> > \n> > > (c) the name of the proponent,\n> > \n> > > (d) the website on which the environmental impact statement will be published,\n> > \n> > > (e) a statement that a person may, before the specified closing date, make written representations to the determining authority about the proposed activity.\n> \n> > (2) The notice must be published on the NSW planning portal.\n> \n> > (3) The period during which the environmental impact statement may be inspected begins on the day on which the notice is first published on the NSW planning portal.\n> \n> > (4) An environmental impact statement must be published on—\n> > \n> > > (a) the website of the determining authority for the activity, and\n> > \n> > > (b) the website of the council of each area affected by the activity.","sortOrder":256},{"sectionNumber":"195","sectionType":"section","heading":null,"content":"#### 195\n\n195 (Repealed)","sortOrder":257},{"sectionNumber":"196","sectionType":"section","heading":"Reports about activities under the Act, Div 5.1","content":"#### 196 Reports about activities under the Act, Div 5.1\n\n196 Reports about activities under the Act, Div 5.1\n\n> > (1) A determining authority for an activity must prepare a report on an activity for which an environmental impact statement has been prepared.\n> \n> > (2) The report must be prepared as soon as practicable after a decision is made by the determining authority to—\n> > \n> > > (a) carry out or refrain from carrying out the activity, or\n> > \n> > > (b) approve or disapprove the carrying out of the activity.\n> \n> > (3) The report must consider and comment on each of the following matters—\n> > \n> > > (a) the environmental impact statement,\n> > \n> > > (b) any representations duly made about the proposed activity,\n> > \n> > > (c) the effects of the proposed activity on the environment,\n> > \n> > > (d) the proponent’s proposals to mitigate adverse effects of the activity on the environment,\n> > \n> > > (e) findings and recommendations relating to the proposed activity arising from the following—\n> > > \n> > > > (i) a report by the Planning Secretary under the Act, section 5.8,\n> > > \n> > > > (ii) advice given by the Minister under the Act, section 5.9,\n> > > \n> > > > (iii) a public hearing by the Independent Planning Commission.\n> \n> > (4) The report must also contain—\n> > \n> > > (a) full details of the determining authority’s decision on the proposed activity, and\n> > \n> > > (b) if the authority has granted approval to the carrying out of the activity—any conditions or modifications imposed or required by the authority in connection with the carrying out of the activity.\n> \n> > (5) The determining authority must—\n> > \n> > > (a) make the report public as soon as practicable after it is completed, and\n> > \n> > > (b) send a copy of the report to the council of each area that is, or would have been, affected by the activity.\n> \n> > (6) Subsection (5) does not apply to the extent of a direction given by the Independent Planning Commission under the Act, Schedule 2, clause 5 that prohibits or restricts the publication of the report.","sortOrder":259},{"sectionNumber":"197","sectionType":"section","heading":"Definitions","content":"#### 197 Definitions\n\n197 Definitions\n\n> In this Division—\n> \n> approved Code means a Code approved by the Minister under this Division.\n> \n> ARTC means the Australian Rail Track Corporation Ltd (ACN 081 455 754).\n> \n> ARTC Code means a Code approved under section 200(1).","sortOrder":261},{"sectionNumber":"198","sectionType":"section","heading":"Approved Codes","content":"#### 198 Approved Codes\n\n198 Approved Codes\n\n> > (1) An approved Code may make provision about the following—\n> > \n> > > (a) the exercise by ARTC of its functions under the Act, section 5.5 in relation to activities, including activities for the following purposes—\n> > > \n> > > > (i) development for the purposes of the construction, maintenance or operation of ARTC rail infrastructure facilities,\n> > > \n> > > > (ii) geotechnical investigations relating to ARTC rail infrastructure facilities,\n> > > \n> > > > (iii) environmental management and pollution control relating to ARTC rail infrastructure facilities,\n> > > \n> > > > (iv) access for the purpose of the construction, maintenance or operation of ARTC rail infrastructure facilities,\n> > > \n> > > > (v) temporary construction sites and storage areas, including temporary batching plants, the storage of plant and equipment and the stockpiling of excavated material,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the exercise by an authorised network operator of its functions under the Act, section 5.5 in relation to activities, including activities for the following purposes—\n> > > \n> > > > (i) development for the purposes of the construction, maintenance or operation of a transacted electricity transmission or distribution network,\n> > > \n> > > > (ii) geotechnical investigations relating to a transacted electricity transmission or distribution network,\n> > > \n> > > > (iii) environmental management and pollution control relating to a transacted electricity transmission or distribution network,\n> > > \n> > > > (iv) access for the purpose of the construction, maintenance or operation of a transacted electricity transmission or distribution network,\n> > > \n> > > > (v) temporary construction sites and storage areas, including temporary batching plants, the storage of plant and equipment and the stockpiling of excavated material.\n> \n> > (2) An approved Code may specify the period for which the approved Code is in force.\n> \n> > (3) An approved Code does not apply to an activity for which the relevant determining authority is required under the Act, Part 5 to provide or obtain an environmental impact statement.\n> \n> > (4) Without limitation, an approved Code may provide for the matters specified in the Act, section 5.6(2).\n> \n> > (5) The Minister may, by written notice to a relevant determining authority, exempt a specified activity of the authority from the operation of an approved Code.\n> \n> > (6) An exemption may be—\n> > \n> > > (a) subject to conditions, and\n> > \n> > > (b) revoked or varied at any time by written notice to the relevant determining authority.\n> \n> > (7) In this section—\n> > \n> > ARTC rail infrastructure facilities means rail infrastructure facilities owned by ARTC or a rail authority that are—\n> > \n> > > (a) subject to a lease or licence or other arrangement under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), Part 8A, or\n> > \n> > > (b) located on land that is subject to a lease or licence or other arrangement under that Part.\n> > \n> > rail authority has the same meaning as in the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), Part 8A.\n> > \n> > transacted electricity transmission or distribution network means a transacted distribution system or transacted transmission system under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005).\n> \n> **s 198:** Am 2022 (40), Sch 1\\[42\\]; 2022 (702), Sch 1\\[18\\]; 2024 (577), Sch 1\\[3\\].","sortOrder":262},{"sectionNumber":"199","sectionType":"section","heading":"Additional requirements for ARTC Code","content":"#### 199 Additional requirements for ARTC Code\n\n199 Additional requirements for ARTC Code\n\n> The ARTC Code must also contain the following matters—\n> \n> > (a) classes of activities for the purposes of the application of the Code,\n> \n> > (b) assessment requirements for specified activities or classes of activities,\n> \n> > (c) procedures for carrying out assessments,\n> \n> > (d) protocols for consultation,\n> \n> > (e) requirements to consider advice from the Planning Secretary,\n> \n> > (f) requirements to consider environmental management procedures in relation to effects of activities on the environment,\n> \n> > (g) requirements for documents,\n> \n> > (h) protocols for the availability of documents to the Minister, the Planning Secretary and the public,\n> \n> > (i) protocols for auditing the performance of and compliance with the Code,\n> \n> > (j) other matters required by the Minister.","sortOrder":263},{"sectionNumber":"200","sectionType":"section","heading":"Approval of ARTC Code","content":"#### 200 Approval of ARTC Code\n\n200 Approval of ARTC Code\n\n> > (1) ARTC must prepare a Code and apply to the Planning Secretary for approval of the Code by the Minister.\n> \n> > (2) As soon as practicable after receiving an application for approval of a Code, the Planning Secretary must—\n> > \n> > > (a) assess the application, and\n> > \n> > > (b) give a report on the application to the Minister.\n> \n> > (3) The Minister may—\n> > \n> > > (a) approve or refuse to approve a Code prepared by ARTC, and\n> > \n> > > (b) vary or revoke an approved Code.\n> \n> > (4) The Minister must give ARTC written notice of an approval of or refusal to approve a Code, including the reasons for a refusal.\n> \n> > (5) An approval may be given subject to conditions.","sortOrder":264},{"sectionNumber":"201","sectionType":"section","heading":"Approval of other Codes","content":"#### 201 Approval of other Codes\n\n201 Approval of other Codes\n\n> > (1) The Minister may—\n> > \n> > > (a) approve 1 or more Codes for the purposes of this Division, and\n> > \n> > > (b) vary or revoke an approved Code.\n> \n> > (2) An approval of a Code, or a variation or revocation of an approved Code, takes effect on—\n> > \n> > > (a) the day on which notice of the approval, variation or revocation is published in the Gazette, or\n> > \n> > > (b) a later day specified in the approval, variation or revocation.\n> \n> > (3) Before varying or revoking a Code or approving a Code as a replacement for an existing Code that applies to an authorised network operator as referred to in section 198(1)(c), the Minister must—\n> > \n> > > (a) notify each authorised network operator affected by the proposal, and\n> > \n> > > (b) give each operator an opportunity to make submissions on the proposal.\n> \n> > (4) The Minister must take into account any submission made by an authorised network operator within 20 business days after the operator was notified of the proposal.\n> \n> > (5) This section does not apply to an ARTC Code.\n> \n> > (6) In this section—\n> > \n> > business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.","sortOrder":265},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous\n\n**pt 8, div 7:** Ins 2022 (460), Sch 1\\[3\\].","sortOrder":266},{"sectionNumber":"201A","sectionType":"section","heading":"Requirement to notify Planning Secretary about avoided land activities—the Act, s 5.6","content":"#### 201A Requirement to notify Planning Secretary about avoided land activities—the Act, s 5.6\n\n201A Requirement to notify Planning Secretary about avoided land activities—the Act, s 5.6\n\n> > (1) A determining authority for an activity carried out on avoided land under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 4, 5, 12A, 17, 18, 20, 21, 23 or 24 must give notice to the Planning Secretary of a decision—\n> > \n> > > (a) to carry out, or to grant an approval to carry out, the activity, and\n> > \n> > > (b) to modify the activity, whether or not the modification will reduce the overall environmental impact of the activity.\n> \n> > (2) The notice must include a statement setting out whether the determining authority considers the activity is consistent with the Cumberland Plain Conservation Plan Guidelines, Part 2.\n> \n> > (3) The notice must be given within 30 days after a decision is made by the determining authority—\n> > \n> > > (a) to carry out, or to grant an approval to carry out, the activity, or\n> > \n> > > (b) to modify the activity.\n> \n> > (4) In this section—\n> > \n> > avoided land has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 13.\n> > \n> > Cumberland Plain Conservation Plan Guidelines has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 13.\n> \n> **s 201A:** Ins 2022 (460), Sch 1\\[3\\]. Am 2022 (752), Sch 1\\[1\\].","sortOrder":267},{"sectionNumber":"201B","sectionType":"section","heading":"Notification requirements relating to new health service facilities and new government schools—the Act, s 5.6","content":"#### 201B Notification requirements relating to new health service facilities and new government schools—the Act, s 5.6\n\n201B Notification requirements relating to new health service facilities and new government schools—the Act, s 5.6\n\n> > (1) This section applies if a determining authority, for an activity carried out under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 2.61A or 3.37A, has made a decision—\n> > \n> > > (a) to carry out the activity or grant an approval to carry out the activity, and\n> > \n> > > (b) to modify the activity, whether or not the modification will reduce the overall environmental impact of the activity.\n> \n> > (2) The determining authority must give notice of the decision to the following—\n> > \n> > > (a) the council for the area in which the activity is proposed to be carried out,\n> > \n> > > (b) Transport for NSW,\n> > \n> > > (c) the occupiers of any dwelling located within 20m of the site boundary of the proposed development.\n> \n> > (3) The notice must be given within 30 days after the decision is made.\n> \n> **s 201B:** Ins 2024 (577), Sch 1\\[2\\].","sortOrder":268},{"sectionNumber":"Part 9","sectionType":"part","heading":"Infrastructure contributions and finance","content":"# Part 9 Infrastructure contributions and finance\n\nPart 9 Infrastructure contributions and finance","sortOrder":269},{"sectionNumber":"202","sectionType":"section","heading":"Definitions","content":"#### 202 Definitions\n\n202 Definitions\n\n> > (1) In this Part—\n> > \n> > development contribution means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in the Act, section 7.11.\n> > \n> > development contribution condition means a condition of development consent, referred to in the Act, section 7.11, requiring the dedication of land or the payment of a monetary contribution, or both.\n> > \n> > development levy means a levy referred to in the Act, section 7.12.\n> > \n> > development levy condition means a condition of development consent, referred to in the Act, section 7.12, requiring the payment of a levy.\n> \n> > (2) For the purposes of the Act, section 7.1, definition of planning authority, paragraph (e), all public authorities are declared to be planning authorities.","sortOrder":271},{"sectionNumber":"203","sectionType":"section","heading":"Making of planning agreements","content":"#### 203 Making of planning agreements\n\n203 Making of planning agreements\n\n> > (1) A planning agreement must be—\n> > \n> > > (a) written, and\n> > \n> > > (b) signed by the parties to the agreement, and\n> > \n> > > (c) submitted on the NSW planning portal.\n> \n> > (2) The fee for submitting a planning agreement on the NSW planning portal is specified in Schedule 4.\n> \n> > (3) A planning agreement is not entered into until it is signed by all the parties to the agreement.\n> \n> > (4) A planning agreement may specify that it does not take effect until—\n> > \n> > > (a) if the agreement relates to a proposed change to an environmental planning instrument—the day on which the change is made, or\n> > \n> > > (b) if the agreement relates to a development application or proposed development application—the day on which the development consent is granted.\n> \n> > (5) A planning agreement may be amended or revoked by further agreement signed by the parties to the agreement, including by a subsequent planning agreement.\n> \n> > (6) The Planning Secretary may from time to time issue practice notes to assist parties to prepare planning agreements.\n> \n> > (7) A council that is negotiating or entering into a planning agreement must consider any relevant practice notes.","sortOrder":272},{"sectionNumber":"204","sectionType":"section","heading":"Public notice of planning agreements—the Act, s 7.5(2)","content":"#### 204 Public notice of planning agreements—the Act, s 7.5(2)\n\n204 Public notice of planning agreements—the Act, s 7.5(2)\n\n> > (1) If a planning authority proposes to enter into, amend or revoke a planning agreement, in connection with a development application or a change to a local environmental plan, notice of the planning authority’s proposal must be given as part of, and at the same time and in the same way as, the notice of—\n> > \n> > > (a) the development application to which the proposal relates, or\n> > \n> > > (b) the planning proposal for the change to the local environmental plan to which the proposal relates.\n> \n> > (2) The Planning Secretary must give notice of any other planning agreement that requires public notice under the Act, section 7.5—\n> > \n> > > (a) at least 28 days before the agreement is entered into, amended or revoked, and\n> > \n> > > (b) in the way agreed to by the planning authorities that are parties to the agreement.\n> \n> > (3) If it is not practicable for notice to be given as required under this section, the notice must be given—\n> > \n> > > (a) as soon as practicable, and\n> > \n> > > (b) in a way agreed to by the planning authorities that are parties to the agreement.","sortOrder":273},{"sectionNumber":"205","sectionType":"section","heading":"Explanatory notes for planning agreements","content":"#### 205 Explanatory notes for planning agreements\n\n205 Explanatory notes for planning agreements\n\n> > (1) A planning authority proposing to enter into, amend or revoke a planning agreement must prepare a written statement (an explanatory note) that—\n> > \n> > > (a) summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and\n> > \n> > > (b) contains an assessment of the merits of the proposed agreement, amendment or revocation, including the positive and negative impacts on the public or a relevant section of the public.\n> \n> > (2) In preparing the explanatory note, the planning authority must consider any relevant practice notes issued by the Planning Secretary under section 203(6).\n> \n> > (3) A copy of the explanatory note must be exhibited with the copy of the proposed agreement, amendment or revocation when it is made publicly available in accordance with the Act.\n> \n> > (4) If a council is not a party to a planning agreement that applies to the area of the council, a copy of the explanatory note must be given to the council when a copy of the agreement is given to the council under the Act, section 7.5(4).\n> \n> > (5) A planning agreement may provide that the explanatory note must not be used to assist in construing the agreement.","sortOrder":274},{"sectionNumber":"206","sectionType":"section","heading":"Information about planning agreements","content":"#### 206 Information about planning agreements\n\n206 Information about planning agreements\n\n> > (1) A planning authority must keep a register of all relevant planning agreements and record the following information in the register for each relevant planning agreement—\n> > \n> > > (a) the day on which the agreement was entered into,\n> > \n> > > (b) the names of the parties to the agreement,\n> > \n> > > (c) a description of the development to which the agreement relates, if relevant,\n> > \n> > > (d) the land to which the agreement applies.\n> \n> > (2) The planning authority must publish the following on the NSW planning portal and the planning authority’s website—\n> > \n> > > (a) the register under subsection (1),\n> > \n> > > (b) each relevant planning agreement,\n> > \n> > > (c) the explanatory note under section 205 relating to each relevant planning agreement,\n> > \n> > > (d) records for each financial year that show—\n> > > \n> > > > (i) the monetary amounts received by the planning authority under the relevant planning agreements, and\n> > > \n> > > > (ii) the value of works contributed under the relevant planning agreements, including assets provided to, or held by, the planning authority in relation to the works, and\n> > > \n> > > > (iii) the value of land contributed under the relevant planning agreements.\n> \n> > (3) The functions of the Minister as a planning authority under this section must be exercised by the Planning Secretary.\n> \n> > (4) This section extends to a planning agreement entered into before the commencement of this section.\n> \n> > (5) Subsection (2) applies to a planning authority that is not a council or the Minister on and from until 1 July 2022 only.\n> \n> > (6) In this section—\n> > \n> > relevant planning agreement means—\n> > \n> > > (a) if the planning authority is a council—a planning agreement that applies to the area of the council, including an amendment to the planning agreement, whether or not the council is a party to the agreement, and\n> > \n> > > (b) otherwise—a planning agreement to which the planning authority is a party, including an amendment to the planning agreement.\n> \n> **s 206:** Am 2021 (759), Sch 8\\[2\\] \\[3\\].","sortOrder":275},{"sectionNumber":"207","sectionType":"section","heading":"Indexation of monetary development contribution—the Act, s 7.11(3)","content":"#### 207 Indexation of monetary development contribution—the Act, s 7.11(3)\n\n207 Indexation of monetary development contribution—the Act, s 7.11(3)\n\n> The cost of providing public amenities and public services must be indexed quarterly or annually, as specified in the relevant contributions plan, in accordance with movements in the Consumer Price Index.","sortOrder":277},{"sectionNumber":"208","sectionType":"section","heading":"Determination of proposed cost of development—the Act, s 7.12(5)(a)","content":"#### 208 Determination of proposed cost of development—the Act, s 7.12(5)(a)\n\n208 Determination of proposed cost of development—the Act, s 7.12(5)(a)\n\n> > (1) The proposed cost of carrying out development must be determined by the consent authority by adding up all the costs and expenses that have been or will be incurred by the applicant in carrying out the development.\n> \n> > (2) The costs of carrying out development include the costs of, and costs incidental to, the following—\n> > \n> > > (a) if the development involves the erection of a building or the carrying out of engineering or construction work—\n> > > \n> > > > (i) erecting the building or carrying out the work, and\n> > > \n> > > > (ii) demolition, excavation and site preparation, decontamination or remediation,\n> > \n> > > (b) if the development involves a change of use of land—doing anything necessary to enable the use of the land to be changed,\n> > \n> > > (c) if the development involves the subdivision of land—preparing, executing and registering—\n> > > \n> > > > (i) the plan of subdivision, and\n> > > \n> > > > (ii) the related covenants, easements or other rights.\n> \n> > (3) In determining the proposed cost, a consent authority may consider an estimate of the proposed cost that is prepared by a person, or a person of a class, approved by the consent authority to provide the estimate.\n> \n> > (4) The following costs and expenses must not be included in an estimate or determination of the proposed cost—\n> > \n> > > (a) the cost of the land on which the development will be carried out,\n> > \n> > > (b) the costs of repairs to a building or works on the land that will be kept in connection with the development,\n> > \n> > > (c) the costs associated with marketing or financing the development, including interest on loans,\n> > \n> > > (d) the costs associated with legal work carried out, or to be carried out, in connection with the development,\n> > \n> > > (e) project management costs associated with the development,\n> > \n> > > (f) the cost of building insurance for the development,\n> > \n> > > (g) the costs of fittings and furnishings, including refitting or refurbishing, associated with the development, except if the development involves an enlargement, expansion or intensification of a current use of land,\n> > \n> > > (h) the costs of commercial stock inventory,\n> > \n> > > (i) the taxes, levies or charges, excluding GST, paid or payable in connection with the development by or under a law,\n> > \n> > > (j) the costs of enabling access by people with disability to the development,\n> > \n> > > (k) the costs of energy and water efficiency measures associated with the development,\n> > \n> > > (l) the costs of development that is provided as affordable housing,\n> > \n> > > (m) the costs of development that is the adaptive reuse of a heritage item.\n> \n> > (5) The proposed cost may be adjusted before payment of a development levy, as specified in a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan between the day on which the proposed cost was determined by the consent authority and the day by which the development levy must be paid.\n> > \n> > Example—\n> > \n> > A contributions plan may adopt the Consumer Price Index.\n> \n> > (6) To avoid doubt, this section does not affect the determination of the fee payable for a development application.","sortOrder":278},{"sectionNumber":"209","sectionType":"section","heading":"Maximum percentage of development levy—the Act, s 7.12(5)(b)","content":"#### 209 Maximum percentage of development levy—the Act, s 7.12(5)(b)\n\n209 Maximum percentage of development levy—the Act, s 7.12(5)(b)\n\n> > (1) The following Table specifies the maximum percentage of the proposed cost of carrying out development that may be imposed by a development levy for development specified in the Table—\n> > \n> > Table\n> > \n> > | Proposed cost of development | Maximum development levy |\n> > | Development on land to which Burwood Local Environmental Plan (Burwood Town Centre) 2010 applied immediately before its repeal— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) more than $250,000 | 4% |\n> > | Development on land identified in Figure 1 of the Willoughby Local Infrastructure Contributions Plan 2019 adopted by Willoughby City Council on 11 June 2019— |  |\n> > | (a) up to and including $100,000 | Nil |\n> > | (b) $100,001–$200,000 | 0.5% |\n> > | (c) $200,001–$250,000 | 1% |\n> > | (d) more than $250,000 | 3% |\n> > | Development on land in Zone B1, B3, B4 or B6 under Liverpool City Centre Local Environmental Plan 2007 immediately before its repeal— |  |\n> > | (a) up to but not including $1 million | Nil |\n> > | (b) $1 million or more | 3% |\n> > | Development on land in Zone R4 or IN2 under Liverpool City Centre Local Environmental Plan 2007 immediately before its repeal— |  |\n> > | (a) up to but not including $1 million | Nil |\n> > | (b) $1 million or more | 2% |\n> > | Development on land to which Newcastle City Centre Local Environmental Plan 2008 applied immediately before its repeal— |  |\n> > | (a) up to and including $100,000 | Nil |\n> > | (b) $100,001–$200,000 | 0.5% |\n> > | (c) $200,001–250,000 | 1% |\n> > | (d) more than $250,000 | 3% |\n> > | Development on land shown as “Area A” in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) more than $250,000 | 3% |\n> > | Development on land shown as “Area B” in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) more than $250,000— |  |\n> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 4% |\n> > | (ii) otherwise | 3% |\n> > | Development on land shown in Parramatta City Centre Local Infrastructure Contributions Plan, Figure 2 other than land shown as “Area A” or “Area B”— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) more than $250,000— |  |\n> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 5% |\n> > | (ii) otherwise | 4% |\n> > | Development on land in Zone B3 under Wollongong Local Environmental Plan 2009— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) more than $250,000 | 2% |\n> > | Development on land identified in Figures 1 and 2 in the Section 7.12 Development Contributions Plan 2019: Kensington and Kingsford Town Centres adopted by Randwick City Council on 10 December 2019— |  |\n> > | (a) up to and including $100,000 | Nil |\n> > | (b) $100,001–$200,000 | 0.5% |\n> > | (c) $200,001–$250,000 | 1% |\n> > | (d) more than $250,000 | 2.5% |\n> > | Development on land identified in Figure 1 to the Central Sydney Contributions Plan 2022 adopted by the Council of the City of Sydney on 14 December 2020— |  |\n> > | (a) up to and including $250,000 | Nil |\n> > | (b) $250,001–$500,000 | 1% |\n> > | (c) $500,001–$1 million | 2% |\n> > | (d) more than $1 million—on or before 30 June 2022 | 2% |\n> > | (d) more than $1 million—on or from 1 July 2022 | 3% |\n> > | Development on land identified in Figure 1 to the Norwest Innovation Section 7.12 Development Contributions Plan adopted by The Hills Shire Council on 13 July 2021 (Norwest Innovation Land), subject to subsection (3)— |  |\n> > | (a) up to and including $100,000 | Nil |\n> > | (b) $100,001–$200,000 | 0.5% |\n> > | (c) $200,001–$1 million | 1% |\n> > | (d) more than $1 million | 2.8% |\n> > | Development on Aerotropolis development levy land in the local government area of the City of Penrith— |  |\n> > | (a) up to and including $200,000 | Nil |\n> > | (b) more than $200,000 | 5.6% |\n> > | Development on Aerotropolis development levy land in the local government area of the City of Liverpool— |  |\n> > | (a) up to and including $200,000 | Nil |\n> > | (b) more than $200,000 | 4.6% |\n> > | Development on land in the Parkes Activation Precinct under State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 3— |  |\n> > | (a) up to and including $200,000 | Nil |\n> > | (b) more than $200,000 | 3% |\n> > | Development on land identified as “Hornsby TOD Precinct” on the Key Sites Map under Hornsby Local Environmental Plan 2013— |  |\n> > | (a) up to and including $200,000 | Nil |\n> > | (b) mixed use development involving development for the purposes of residential accommodation and more than $200,000— |  |\n> > | (i) a component that is development for the purposes of residential accommodation | 4% |\n> > | (ii) another component | 2% |\n> > | (c) development not specified in paragraph (b) and more than $200,000— |  |\n> > | (i) if the development is for the purposes of residential accommodation | 4% |\n> > | (ii) otherwise | 2% |\n> > | Development on land identified as “Macquarie Park Corridor” on the Macquarie Park Corridor Map under Ryde Local Environmental Plan 2014— |  |\n> > | (a) up to $250,000 | Nil |\n> > | (b) $250,000 or more— |  |\n> > | (i) if the development is for the purposes of residential accommodation or mixed use development including residential accommodation | 4% |\n> > | (ii) otherwise | 1.5% |\n> > | Development on land outlined in red in Figure 1 to the St Marys Town Centre Development Contributions Plan 2025 adopted by Penrith City Council on 28 April 2025— |  |\n> > | (a) up to and including $200,000, if the development is for the purposes of—(i) commercial premises, industry, residential accommodation or tourist and visitor accommodation (each a relevant purpose), or(ii) mixed use development including one or more relevant purposes | Nil |\n> > | (b) more than $200,000, if the development is for the purposes of—(i) a relevant purpose, or(ii) mixed use development including one or more relevant purposes | 4% |\n> \n> > (2) The maximum percentage of the proposed cost of carrying out development that may be imposed by a development levy for development not specified in the Table to subsection (1) is—\n> > \n> > > (a) for a proposed cost of up to and including $100,000—nil, and\n> > \n> > > (b) for a proposed cost of $100,001–$200,000—0.5%, and\n> > \n> > > (c) for a proposed cost of more than $200,000—1%.\n> \n> > (3) If development is proposed to be carried out on Norwest Innovation Land and the maximum floor space ratio shown for the land on the [Floor Space Ratio Map](/view/html/inforce/current/epi-2019-0596/maps) under [The Hills Local Environmental Plan 2019](/view/html/inforce/current/epi-2019-0596) is 1:1 or less, subsection (2) applies to the development instead of subsection (1).\n> \n> > (4) This section is subject to a direction given by the Minister under the Act, section 7.17(1)(d).\n> \n> > (5) To avoid doubt, the Table to subsection (1) continues to apply to the land specified in the Table even if the local environmental plan or contributions plan used to describe the land is repealed.\n> \n> > (6) In this section—\n> > \n> > Aerotropolis development levy land means land identified as “Aerotropolis Core Precinct”, “Agribusiness Precinct”, “Badgerys Creek Precinct” and “Northern Gateway Precinct” on the Aerotropolis Boundary Map under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4, excluding—\n> > \n> > > (a) land identified as “Sydney Science Park” on the Sydney Science Park Map under that chapter, and\n> > \n> > > (b) land identified as “Area 2” on the Additional Permitted Uses Map under that chapter.\n> > \n> > Parramatta City Centre Local Infrastructure Contributions Plan means the Parramatta City Centre Local Infrastructure Contributions Plan adopted by City of Parramatta Council on 27 May 2024.\n> \n> **s 209:** Am 2022 (540), Sch 1\\[1\\] \\[2\\]; 2023 (350), Sch 1\\[5\\]; 2024 (297), Sch 1\\[1\\] \\[2\\]; 2024 (588), Sch 1\\[3\\]; 2024 (589), Sch 1\\[3\\]; 2024 (629), Sch 1\\[1\\]–\\[3\\]; 2026 (45), Sch 1.","sortOrder":279},{"sectionNumber":"210","sectionType":"section","heading":"Electronic transfer of affordable housing contributions","content":"#### 210 Electronic transfer of affordable housing contributions\n\n210 Electronic transfer of affordable housing contributions\n\n> If a condition is imposed on a development consent under the Act, section 7.32 that requires the payment of a monetary contribution to be used for the purpose of providing affordable housing, the monetary contribution may be paid by electronic transfer into an account nominated by the consent authority.","sortOrder":280},{"sectionNumber":"211","sectionType":"section","heading":"Form of contributions plan","content":"#### 211 Form of contributions plan\n\n211 Form of contributions plan\n\n> > (1) The Planning Secretary may from time to time issue practice notes to assist councils to prepare contributions plans.\n> \n> > (2) A practice note must be published on the NSW planning portal.\n> \n> > (3) In preparing a contributions plan, a council must consider any relevant practice notes.\n> \n> > (4) One or more contributions plans may be made—\n> > \n> > > (a) for all or part of a council’s area, and\n> > \n> > > (b) in relation to 1 or more public amenities or public services.\n> \n> > (5) A contributions plan may be made for land outside a council’s area for the purposes of a condition referred to in the Act, section 7.15.\n> \n> > (6) A council must not approve a contributions plan that is inconsistent with a direction given to it under the Act, section 7.17.","sortOrder":282},{"sectionNumber":"212","sectionType":"section","heading":"Content of contributions plan","content":"#### 212 Content of contributions plan\n\n212 Content of contributions plan\n\n> > (1) A contributions plan must contain the following information—\n> > \n> > > (a) the purpose of the plan,\n> > \n> > > (b) the land to which the plan applies,\n> > \n> > > (c) the relationship between—\n> > > \n> > > > (i) the expected types of development in the area to which the plan applies, and\n> > > \n> > > > (ii) the demand for additional public amenities and public services to meet the expected development,\n> > \n> > > (d) the formulas to be used for determining the development contributions required for different categories of public amenities and public services,\n> > \n> > > (e) the development contribution rates for different types of development, as specified in a schedule to the plan,\n> > \n> > > (f) a map showing the specific public amenities and public services that will be provided by the council,\n> > \n> > > (g) a works schedule that contains an estimate of the cost and staging of the public amenities and public services, whether by reference to dates or thresholds,\n> > \n> > > (h) if the plan authorises monetary development contributions or development levies paid for different purposes to be pooled and applied progressively for the different purposes—the priorities for the expenditure of the development contributions or development levies, by reference to a works schedule.\n> \n> > (2) If a contributions plan authorises the imposition of a development levy condition, the plan must contain—\n> > \n> > > (a) the percentage of the development levy for each type of development, as specified in a schedule to the plan, and\n> > \n> > > (b) the method, if any, of adjusting the proposed cost of carrying out the development, after being determined by the consent authority, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan between the day of the determination and the day by which the levy must be paid.\n> > > \n> > > Example—\n> > > \n> > > A contributions plan may adopt the Consumer Price Index.\n> \n> > (3) A contributions plan must contain information about the council’s policy about the following—\n> > \n> > > (a) the timing of the payment of monetary development contributions,\n> > \n> > > (b) development levies,\n> > \n> > > (c) the imposition of development contribution conditions or development levy conditions that allow deferred or periodic payment.\n> \n> > (4) A contributions plan that provides for the imposition of development contribution conditions or development levy conditions in relation to the issue of a complying development certificate must provide that monetary payments in accordance with the conditions must be made before the commencement of the building work or subdivision work authorised by the certificate.\n> \n> > (5) In determining the development contribution rates or development levy percentages for different types of development, the council must consider the conditions that may be imposed under the Act, section 4.17(6)(b) or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 97(1)(b).\n> \n> > (6) A contributions plan may authorise monetary development contributions or development levies paid for different purposes to be pooled and applied progressively for the different purposes only if the council is satisfied that the pooling and progressive application will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.","sortOrder":283},{"sectionNumber":"213","sectionType":"section","heading":"Public exhibition of draft contributions plans","content":"#### 213 Public exhibition of draft contributions plans\n\n213 Public exhibition of draft contributions plans\n\n> > (1) After preparing a draft contributions plan, the council must publish the following on its website—\n> > \n> > > (a) the draft contributions plan and any supporting documents,\n> > \n> > > (b) the period during which submissions about the draft plan may be made to the council.\n> \n> > (2) This section does not apply to a draft contributions plan if—\n> > \n> > > (a) the plan is a subsequent contributions plan that amends a contributions plan, and\n> > \n> > > (b) the Minister has given written notice to the council that this section does not apply.","sortOrder":284},{"sectionNumber":"214","sectionType":"section","heading":"Approval of contributions plans","content":"#### 214 Approval of contributions plans\n\n214 Approval of contributions plans\n\n> > (1) After considering any submissions about the draft contributions plan that have been duly made, the council may—\n> > \n> > > (a) approve the plan in the form in which it was publicly exhibited, or\n> > \n> > > (b) approve the plan with any alterations the council considers appropriate, or\n> > \n> > > (c) decide not to proceed with the plan.\n> \n> > (2) The council must publish notice of its decision on its website within 28 days after the decision is made.\n> \n> > (3) Notice of a decision not to proceed with a contributions plan must contain the council’s reasons for the decision.\n> \n> > (4) A contributions plan comes into effect on—\n> > \n> > > (a) the day on which notice of the council’s decision to approve the plan is published on the council’s website, or\n> > \n> > > (b) a later day specified in the notice.","sortOrder":285},{"sectionNumber":"215","sectionType":"section","heading":"Amendment or repeal of contributions plan","content":"#### 215 Amendment or repeal of contributions plan\n\n215 Amendment or repeal of contributions plan\n\n> > (1) A council may amend a contributions plan by a subsequent contributions plan.\n> \n> > (2) A council may repeal a contributions plan—\n> > \n> > > (a) by a subsequent contributions plan, or\n> > \n> > > (b) by publishing notice of a decision to repeal the plan on its website.\n> \n> > (3) At least 14 days before repealing a contributions plan under subsection (2)(b), the council must publish notice of its intention to repeal the plan, and the reasons for the repeal, on its website.\n> \n> > (4) The repeal of a contributions plan under subsection (2)(b) takes effect on the day on which the notice under subsection (2)(b) is published on the council’s website.\n> \n> > (5) A council may make the following kinds of amendments to a contributions plan without preparing a new contributions plan—\n> > \n> > > (a) minor typographical corrections,\n> > \n> > > (b) changes to the rates of development contributions set out in the plan to reflect quarterly or annual variations to—\n> > > \n> > > > (i) readily accessible index figures adopted by the plan, such as the Consumer Price Index, or\n> > > \n> > > > (ii) index figures prepared by or on behalf of the council from time to time that are adopted by the plan,\n> > \n> > > (c) the omission of details of works that have been completed.","sortOrder":286},{"sectionNumber":"216","sectionType":"section","heading":"Review of contributions plan","content":"#### 216 Review of contributions plan\n\n216 Review of contributions plan\n\n> > (1) A council must keep a contributions plan under review and, if the plan specifies a date by which a review must be done, must review the plan by the date.\n> \n> > (2) A council must also consider any submissions about contributions plans received from public authorities or the public.","sortOrder":287},{"sectionNumber":"217","sectionType":"section","heading":"Councils must keep contributions register","content":"#### 217 Councils must keep contributions register\n\n217 Councils must keep contributions register\n\n> > (1) A council that imposes development contribution conditions or development levy conditions on development consents must keep a contributions register.\n> \n> > (2) The contributions register must contain the following—\n> > \n> > > (a) details of each development consent subject to a development contribution condition or development levy condition, including the following—\n> > > \n> > > > (i) the development application to which the development consent relates,\n> > > \n> > > > (ii) the relevant consent authority,\n> > > \n> > > > (iii) the day on which the development consent was granted,\n> > \n> > > (b) the nature and extent of the development contribution or development levy required by the condition for each public amenity or public service, including the following—\n> > > \n> > > > (i) the purpose for which the contribution or levy was received,\n> > > \n> > > > (ii) the value and location of any land dedicated or material public benefit provided,\n> > > \n> > > > (iii) the total contribution or levy payable,\n> > > \n> > > > (iv) the total contribution or levy received,\n> > \n> > > (c) the contributions plan under which the development contribution condition or development levy condition was imposed,\n> > \n> > > (d) the day on which the development contribution or development levy required by the condition was received, and its nature and extent.\n> \n> **s 217:** Am 2021 (759), Sch 8\\[4\\].","sortOrder":289},{"sectionNumber":"218","sectionType":"section","heading":"Councils must keep accounting records for development contributions and development levies","content":"#### 218 Councils must keep accounting records for development contributions and development levies\n\n218 Councils must keep accounting records for development contributions and development levies\n\n> > (1) A council must keep accounting records that allow development contributions or development levies received in the form of money, and any additional amounts earned from the investment of that money, to be distinguished from all other money held by the council.\n> \n> > (1A) The accounting records for a contributions plan must identify the following—\n> > \n> > > (a) all contributions received by the council under the plan,\n> > \n> > > (b) the monetary amount or value of each contribution,\n> > \n> > > (c) whether the contributions were in the form of—\n> > > \n> > > > (i) money, or\n> > > \n> > > > (ii) land, or\n> > > \n> > > > (iii) a material public benefit, other than money or land, or\n> > > \n> > > > (iv) a combination of the things in subparagraphs (i)–(iii).\n> \n> > (2) The accounting records for a contributions plan must indicate the following—\n> > \n> > > (a) all development contributions or development levies received under the plan, by reference to the various kinds of public amenities and public services for which they have been received and for which expenditure is authorised by the plan,\n> > > \n> > > Example—\n> > > \n> > > Public amenities and public services include open space, roads and traffic facilities, community facilities and drainage and stormwater management.\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) for development contributions or development levies paid for different purposes—the pooling or progressive application of the contributions or levies for the different purposes, in accordance with—\n> > > \n> > > > (i) the requirements of the plan, or\n> > > \n> > > > (ii) a ministerial direction under the Act, Division 7.1,\n> > \n> > > (d) the amounts spent in accordance with the plan, by reference to the various kinds of public amenities and public services for which they have been spent.\n> \n> > (3) A council must disclose the following information for each contributions plan in the notes to its annual financial report—\n> > \n> > > (a) the opening and closing balances of money held by the council for the accounting period covered by the report,\n> > \n> > > (a1) the value of land and the value of material public benefits, other than land or money, contributed,\n> > \n> > > (b) the total amounts of development contributions or development levies received in the form of money during the period, by reference to the various kinds of public amenities and public services for which they have been received,\n> > \n> > > (c) the total amounts spent in accordance with the contributions plan during the period, by reference to the various kinds of public amenities and public services for which they have been spent,\n> > \n> > > (d) the outstanding obligations of the council to provide public amenities and public services, by reference to the various kinds of public amenities and public services for which development contributions or development levies have been received in the form of money during that or any previous accounting period.\n> \n> **s 218:** Am 2021 (759), Sch 8\\[5\\]–\\[7\\].","sortOrder":290},{"sectionNumber":"218A","sectionType":"section","heading":"Matters to be included in annual reports of councils","content":"#### 218A Matters to be included in annual reports of councils\n\n218A Matters to be included in annual reports of councils\n\n> > (1) A council must disclose, in its annual report, how development contributions and development levies have been used or expended under each contributions plan.\n> \n> > (2) The annual report must contain the following details for each project for which the contributions or levies have been used or expended—\n> > \n> > > (a) the project identification number and description,\n> > \n> > > (b) the kind of public amenity or public service to which the project relates,\n> > \n> > > (c) the amount of monetary contributions or levies used or expended on the project,\n> > \n> > > (d) the percentage of the cost of the project funded by contributions or levies,\n> > \n> > > (e) the amounts expended that have been temporarily borrowed from money to be expended for another purpose under the same or another contributions plan,\n> > \n> > > (f) the value of the following used for the project—\n> > > \n> > > > (i) land,\n> > > \n> > > > (ii) material public benefit other than money or land,\n> > \n> > > (g) whether the project is complete.\n> \n> > (3) The annual report must also contain—\n> > \n> > > (a) the total value of all contributions and levies received during the period covered by the annual report, and\n> > \n> > > (b) the total value of all contributions and levies expended during the period covered by the annual report.\n> \n> > (4) The information required to be included in the annual report must also be published on the NSW planning portal.\n> \n> **s 218A:** Ins 2021 (759), Sch 8\\[8\\].","sortOrder":291},{"sectionNumber":"219","sectionType":"section","heading":"Councils must prepare annual statements","content":"#### 219 Councils must prepare annual statements\n\n219 Councils must prepare annual statements\n\n> > (1) As soon as practicable after the end of each financial year, a council must prepare an annual statement for the contributions plans in force in its area.\n> \n> > (2) The annual statement must disclose, for each contributions plan, the information required by this Division to be included in its accounting records or notes to its annual financial report.","sortOrder":292},{"sectionNumber":"220","sectionType":"section","heading":"Councils must keep certain records publicly available","content":"#### 220 Councils must keep certain records publicly available\n\n220 Councils must keep certain records publicly available\n\n> > (1) A council must publish the following on the NSW planning portal and the council’s website—\n> > \n> > > (a) each current contributions plan,\n> > \n> > > (b) the current development contribution rates under each contributions plan,\n> > \n> > > (c) all annual statements,\n> > \n> > > (d) the contributions register.\n> \n> > (2) (Repealed)\n> \n> > (3) Subject to the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 428, the annual statement may be included in, or form part of, the annual report prepared by the council under that section.\n> \n> **s 220:** Am 2021 (759), Sch 8\\[9\\] \\[10\\].","sortOrder":293},{"sectionNumber":"221","sectionType":"section","heading":"Notice of proposal to constitute development area—the Act, s 7.38(4)","content":"#### 221 Notice of proposal to constitute development area—the Act, s 7.38(4)\n\n221 Notice of proposal to constitute development area—the Act, s 7.38(4)\n\n> Written notice of the Planning Secretary’s proposal to include the whole or part of a council’s area in a development area must be given to the council.","sortOrder":295},{"sectionNumber":"222","sectionType":"section","heading":"Assessment of loan commitments of councils in development areas—the Act, s 7.42(1)","content":"#### 222 Assessment of loan commitments of councils in development areas—the Act, s 7.42(1)\n\n222 Assessment of loan commitments of councils in development areas—the Act, s 7.42(1)\n\n> > (1) An assessment of a council must be made in accordance with the following formula—\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0759)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > Contribution represents the amount to be contributed by the council.\n> > \n> > Total assessment represents the total assessment for the development area, as referred to in the Act, section 7.42(1).\n> > \n> > Rateable value of council represents the value shown in the statement given by the council in relation to the assessment payable during the calendar year ending 31 December 1990 for rateable land in the area or part of the area of the council.\n> > \n> > Rateable value of all councils represents the total of the values shown in the statements given by all councils in the development area in relation to the assessment payable during the calendar year ending 31 December 1990 for all rateable land in the areas, or parts of the areas, of all the councils in the development area.\n> \n> > (2) The Planning Ministerial Corporation is not required to notify a council of its intention to make an assessment.\n> \n> > (3) After making an assessment of a council, the Planning Ministerial Corporation must serve notice of the assessment on the council on or before 1 April before the financial year in which the assessed amount must be paid.\n> \n> > (4) For the purposes of the Act, section 7.42(4), the prescribed day is the day occurring 3 months after notice of the assessment is served on the council.","sortOrder":296},{"sectionNumber":"222A","sectionType":"section","heading":"Payments out of Special Contributions Areas Infrastructure Fund—the Act, s 7.30(1)(c)","content":"#### 222A Payments out of Special Contributions Areas Infrastructure Fund—the Act, s 7.30(1)(c)\n\n222A Payments out of Special Contributions Areas Infrastructure Fund—the Act, s 7.30(1)(c)\n\n> > (1) Money is authorised to be paid from the Fund to the Commonwealth, in connection with the provision of infrastructure in relation to the development known as the Sydney Metro Western Airport Rail Project, if the infrastructure is identified in a continued 7.23 determination as infrastructure for which a development contribution is required.\n> \n> > (2) In this section—\n> > \n> > continued 7.23 determination means a 7.23 determination that—\n> > \n> > > (a) has been continued in force by the Act, Schedule 4, Part 1, and\n> > \n> > > (b) has not been repealed as provided by that part.\n> > \n> > Note—\n> > \n> > The Act, Schedule 4, Part 1 contains other definitions that affect the interpretation of this section.\n> > \n> > provision of infrastructure has the same meaning as in the Act, Division 7.1, Subdivision 4, as in force immediately before 1 October 2023.\n> > \n> > the Fund means the SCAI Fund continued by Schedule 6.\n> \n> **s 222A:** Ins 2023 (530), sec 3. Am 2023 (547), Sch 1\\[1\\]–\\[4\\].","sortOrder":298},{"sectionNumber":"222B","sectionType":"section","heading":"Payments out of SBC Fund—the Act, s 7.31(4)(c)","content":"#### 222B Payments out of SBC Fund—the Act, s 7.31(4)(c)\n\n222B Payments out of SBC Fund—the Act, s 7.31(4)(c)\n\n> > (1) An amount of money is authorised to be paid from the SBC Fund to a person if—\n> > \n> > > (a) the person has made a housing and productivity contribution, entirely in the form of a monetary payment, to satisfy a condition of a development consent, and\n> > \n> > > (b) the contribution included a strategic biodiversity component, and\n> > \n> > > (c) the Planning Secretary considers that the amount of the strategic biodiversity component of the contribution made by the person (the component paid) exceeded the amount required by the Ministerial planning order that required the contribution (the component required), and\n> > \n> > > (d) the amount of money to be paid is equal to the amount by which the component paid exceeded the component required.\n> \n> > (2) An amount of money is authorised to be paid from the SBC Fund to the Consolidated Fund if—\n> > \n> > > (a) a payment has been made to a person from the Consolidated Fund in relation to the person’s payment of a strategic biodiversity component of a housing and productivity contribution, and\n> > \n> > > (b) the Planning Secretary considers that the amount paid to the person represents the amount by which the component paid exceeded the component required, and\n> > \n> > > (c) the amount of money to be paid to the Consolidated Fund is no more than the amount of money paid from the Consolidated Fund to the person in relation to the person’s payment of the strategic biodiversity component.\n> \n> > (3) In this section—\n> > \n> > > (a) a reference to a person making a payment or contribution includes a reference to a person making a payment or contribution before the commencement of this section, and\n> > \n> > > (b) a reference to a payment being made from the Consolidated Fund includes a reference to a payment being made from the Consolidated Fund before the commencement of this section.\n> \n> **s 222B:** Ins 2024 (631), Sch 1\\[3\\]. Rep 2025 No 24, Sch 2\\[3\\]. Ins 2025 (340), Sch 1\\[1\\].","sortOrder":299},{"sectionNumber":"222C","sectionType":"section","heading":"Payments out of HAP Fund—the Act, s 7.31D(1)(c)","content":"#### 222C Payments out of HAP Fund—the Act, s 7.31D(1)(c)\n\n222C Payments out of HAP Fund—the Act, s 7.31D(1)(c)\n\n> > (1) An amount of money is authorised to be paid from the HAP Fund to a person if—\n> > \n> > > (a) the person has made a housing and productivity contribution, entirely in the form of a monetary payment, to satisfy a condition of a development consent, and\n> > \n> > > (b) the Planning Secretary considers that the amount of the contribution made by the person (the contribution made) exceeded the amount required by the Ministerial planning order that required the contribution (the contribution required), and\n> > \n> > > (c) the amount of money to be paid is equal to the amount by which the contribution made exceeded the contribution required, less any amount authorised to be paid to the person under section 222B(1) in relation to the contribution.\n> \n> > (2) An amount of money is authorised to be paid from the HAP Fund to the Consolidated Fund if—\n> > \n> > > (a) a payment has been made to a person from the Consolidated Fund in relation to the person’s making of a housing and productivity contribution, and\n> > \n> > > (b) the Planning Secretary considers that the amount paid to the person represents the amount by which the contribution made exceeded the contribution required, and\n> > \n> > > (c) the amount of money to be paid from the HAP Fund to the Consolidated Fund is no more than the amount of money paid from the Consolidated Fund to the person, less any amount authorised to be paid from the SBC Fund under section 222B(2) in relation to the contribution.\n> \n> > (3) In this section—\n> > \n> > > (a) a reference to a person making a payment or contribution includes a reference to a person making a payment or contribution before the commencement of this section, and\n> > \n> > > (b) a reference to a payment being made from the Consolidated Fund includes a reference to a payment being made from the Consolidated Fund before the commencement of this section.\n> \n> **s 222C:** Ins 2025 (340), Sch 1\\[1\\].","sortOrder":300},{"sectionNumber":"Part 10","sectionType":"part","heading":"Paper subdivisions—the Act, Sch 7","content":"# Part 10 Paper subdivisions—the Act, Sch 7\n\nPart 10 Paper subdivisions—the Act, Sch 7","sortOrder":301},{"sectionNumber":"223","sectionType":"section","heading":"Definitions","content":"#### 223 Definitions\n\n223 Definitions\n\n> > (1) For the purposes of the Act, Schedule 7, clause 1, definition of subdivision works, works for the following purposes are prescribed—\n> > \n> > > (a) gas supply,\n> > \n> > > (b) remediation of contaminated land,\n> > \n> > > (c) demolition of a building or work if the demolition is required to carry out other subdivision works.\n> \n> > (2) In this Part—\n> > \n> > co-owner of a lot means a person who owns a lot jointly with 1 or more other persons.\n> > \n> > contaminated land has the same meaning as in the Act, Schedule 6.\n> > \n> > relevant authority includes a proposed relevant authority.\n> > \n> > remediation has the same meaning as in [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 4.\n> \n> **s 223:** Am 2022 (40), Sch 1\\[43\\].","sortOrder":303},{"sectionNumber":"224","sectionType":"section","heading":"Content of development plans","content":"#### 224 Content of development plans\n\n224 Content of development plans\n\n> A development plan must contain the following—\n> \n> > (a) the land value of the land as determined by the Valuer-General under the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002),\n> \n> > (b) if the development of the land will be staged, a description of the proposed stages,\n> \n> > (c) a proposed timetable for the subdivision of the land and the carrying out of the subdivision works.","sortOrder":305},{"sectionNumber":"225","sectionType":"section","heading":"Preparation of development plans","content":"#### 225 Preparation of development plans\n\n225 Preparation of development plans\n\n> > (1) A relevant authority must give the Minister written notice if it proposes to prepare a development plan on its own initiative.\n> \n> > (2) A relevant authority that prepares a development plan must consult with and consider submissions from—\n> > \n> > > (a) the public authorities likely to be affected by the proposed development plan, and\n> > \n> > > (b) each council in whose area the land is located.","sortOrder":306},{"sectionNumber":"226","sectionType":"section","heading":"Notice of proposed development plans and ballots","content":"#### 226 Notice of proposed development plans and ballots\n\n226 Notice of proposed development plans and ballots\n\n> > (1) A relevant authority that proposes to adopt a development plan must, not less than 14 days before the ballot papers are issued for the ballot under Division 3, publish on the NSW planning portal a notice containing the following information—\n> > \n> > > (a) that the relevant authority proposes to adopt a development plan,\n> > \n> > > (b) the website on which the proposed development plan will be published,\n> > \n> > > (c) the day by which a vote in the ballot to approve the development plan must be received and the address to which it must be sent,\n> > \n> > > (d) the name, telephone number and email address of the relevant authority.\n> \n> > (2) The relevant authority must also—\n> > \n> > > (a) give a copy of the notice to each council in whose area the land is located, and\n> > \n> > > (b) display, on or near the land to which the development plan applies, a copy of the notice for not less than 28 days before the ballot closes, and\n> > \n> > > (c) publish the proposed development plan on a public website.","sortOrder":307},{"sectionNumber":"227","sectionType":"section","heading":"Ballot to be held","content":"#### 227 Ballot to be held\n\n227 Ballot to be held\n\n> > (1) Consent to a proposed development plan by owners of the land subject to the plan must be determined by a postal ballot held by the relevant authority proposing the plan.\n> \n> > (2) The relevant authority must—\n> > \n> > > (a) determine the form of the ballot paper, and\n> > \n> > > (b) fix the dates for forwarding ballots to owners and the closing of the ballot, and\n> > \n> > > (c) appoint a returning officer for the ballot.\n> \n> > (3) The form of the ballot paper must be approved by the Planning Secretary.\n> \n> > (4) The ballot paper must specify, or require the owner to specify, the following—\n> > \n> > > (a) the name of the owner,\n> > \n> > > (b) the lot and deposited plan of all land held by the owner that is subject to the proposed development plan,\n> > \n> > > (c) the name of any other co-owner of the lot.\n> \n> > (5) The returning officer may be assisted by a person approved by the relevant authority.","sortOrder":309},{"sectionNumber":"228","sectionType":"section","heading":"Voting roll and ballot papers","content":"#### 228 Voting roll and ballot papers\n\n228 Voting roll and ballot papers\n\n> > (1) The returning officer must prepare a voting roll containing the following matters—\n> > \n> > > (a) the names and addresses of all of the owners of each lot of land subject to the proposed development plan,\n> > \n> > > (b) a unique identifier for each group of co-owners of land subject to the proposed development plan,\n> > \n> > > (c) the lot and deposited plan numbers, and area, of the lots of land owned by each owner, other than as a co-owner,\n> > \n> > > (d) the lot and deposited plan numbers, and area, of the lots of land owned by each group of co-owners, identified by the unique identifier for each group.\n> \n> > (2) Each ballot paper must—\n> > \n> > > (a) be initialled by the returning officer or an appointed assistant, and\n> > \n> > > (b) bear a mark that identifies it as a genuine ballot paper.\n> \n> > (3) Each owner of land subject to the proposed development plan is entitled to 1 ballot paper, whether the land—\n> > \n> > > (a) consists of 1 or more lots, or\n> > \n> > > (b) is owned with other co-owners or the same co-owners.\n> \n> > (4) The returning officer must, at least 28 days before the date fixed for the closing of the ballot, send by post or otherwise deliver the following to each owner entitled to a ballot paper—\n> > \n> > > (a) 1 ballot paper,\n> > \n> > > (b) a statement of the place, date and time at which the proposed development plan is available for inspection or the website on which it may be found,\n> > \n> > > (c) an envelope (the outer envelope) addressed to the returning officer, which has the name and address of the owner and the lots and deposited plan numbers of the land to which the ballot paper relates marked on the reverse side,\n> > \n> > > (d) a small envelope (the inner envelope) in which the ballot paper must be placed,\n> > \n> > > (e) a statement relating to the ballot in a form approved by the Planning Secretary.\n> \n> > (5) The returning officer may send a duplicate ballot paper to an owner if the returning officer is satisfied that—\n> > \n> > > (a) the owner has not received a ballot paper or the ballot paper has been lost, spoilt or destroyed, and\n> > \n> > > (b) the owner has not already voted.\n> \n> > (6) If a duplicate ballot paper is sent, the relevant outer envelope must be marked “duplicate”.","sortOrder":310},{"sectionNumber":"229","sectionType":"section","heading":"Voting","content":"#### 229 Voting\n\n229 Voting\n\n> An owner casts a vote in a ballot by—\n> \n> > (a) completing the ballot paper according to the instructions on the ballot paper, and\n> \n> > (b) sending the ballot paper, in the envelopes provided, to the returning officer.","sortOrder":311},{"sectionNumber":"230","sectionType":"section","heading":"Safe keeping of ballot papers","content":"#### 230 Safe keeping of ballot papers\n\n230 Safe keeping of ballot papers\n\n> > (1) The returning officer must provide a ballot box that must—\n> > \n> > > (a) be secured immediately before the ballot papers are delivered to the owners in accordance with this Division, and\n> > \n> > > (b) remain secured until the close of the ballot.\n> \n> > (2) The returning officer must place the outer envelopes in the ballot box no later than the time and date fixed on the ballot paper for the closing of the ballot.\n> \n> > (3) The returning officer must keep the following materials in the ballot box for a period of not less than 3 months after the ballot or for a longer period directed by the Planning Secretary—\n> > \n> > > (a) ballot papers,\n> > \n> > > (b) rejected outer envelopes,\n> > \n> > > (c) the voting roll.","sortOrder":312},{"sectionNumber":"231","sectionType":"section","heading":"Counting of votes","content":"#### 231 Counting of votes\n\n231 Counting of votes\n\n> > (1) As soon as practicable after the date fixed for the closing of the ballot, the returning officer must, in the presence of scrutineers that may be appointed by the relevant authority conducting the ballot, open the ballot box and deal with the contents in accordance with this section.\n> \n> > (2) The returning officer must—\n> > \n> > > (a) examine the outer envelopes, and\n> > \n> > > (b) if a duplicate outer envelope has been issued and the original outer envelope is received, reject the original envelope and mark it “rejected”, and\n> > \n> > > (c) mark the owner’s name on the roll by drawing a line through the name and the lots of land to which the envelope relates, and\n> > \n> > > (d) remove the inner envelopes from the outer envelopes, and\n> > \n> > > (e) when all the inner envelopes have been dealt with in the above method, open all unrejected inner envelopes and take the ballot papers from them.\n> \n> > (3) The ballot papers must be scrutinised by the returning officer who must count as informal a ballot paper that—\n> > \n> > > (a) is not duly initialled by the returning officer or appointed assistant or does not bear a mark that identifies it as a genuine ballot paper, or\n> > \n> > > (b) is so imperfectly completed that the intention of the voter cannot be ascertained by the returning officer, or\n> > \n> > > (c) has not been completed in the method specified in the ballot paper itself.\n> \n> > (4) If a lot of land is owned by a group of co-owners, the votes are to be counted as follows—\n> > \n> > > (a) if all the co-owners or a majority of the co-owners of the lot cast a formal vote in favour of the development plan, the vote is taken to be 1 formal vote consenting to the development plan for the lot,\n> > \n> > > (b) otherwise—the vote is taken not to be a formal vote in favour of consent to the development plan for the lot.","sortOrder":313},{"sectionNumber":"232","sectionType":"section","heading":"Result of ballot","content":"#### 232 Result of ballot\n\n232 Result of ballot\n\n> > (1) The returning officer must count all votes cast and sign a statement containing the following information—\n> > \n> > > (a) the total number of owners who are eligible to vote,\n> > \n> > > (b) the number of formal votes by the owners consenting to the development plan,\n> > \n> > > (c) the number of formal votes by the owners against consent to the development plan,\n> > \n> > > (d) the number of informal votes by the owners,\n> > \n> > > (e) the number of envelopes marked “rejected”,\n> > \n> > > (f) the number of lots of land in relation to which no votes were cast,\n> > \n> > > (g) the proportion of the total number of owners of lots subject to the proposed development plan who cast formal votes in favour of consent to the plan,\n> > \n> > > (h) the proportion of the total area of the land subject to the proposed development plan that is owned by sole owners and groups of co-owners who have cast formal votes in favour of consent to the plan.\n> \n> > (2) The returning officer must give the relevant authority and the Planning Secretary written notice of the result of the ballot and a copy of the voting roll.\n> \n> > (3) In this section—\n> > \n> > total number of owners means the sum of—\n> > \n> > > (a) the total number of sole owners of lots, whether or not they are also the co-owners of other lots, and\n> > \n> > > (b) the total number of groups of co-owners of lots.","sortOrder":314},{"sectionNumber":"233","sectionType":"section","heading":"Adoption of development plans","content":"#### 233 Adoption of development plans\n\n233 Adoption of development plans\n\n> > (1) A development plan is adopted by a relevant authority if—\n> > \n> > > (a) the relevant authority resolves to adopt the plan or takes other action that is necessary to take the decision to adopt the plan, and\n> > \n> > > (b) the relevant authority publishes notice of the adoption of the plan on the NSW planning portal within 28 days after the decision of the relevant authority to adopt the plan.\n> \n> > (2) A relevant authority must not adopt a development plan unless it is satisfied that the consent of the owners, as referred to in the Act, Schedule 7, clause 3(2)(g), has been obtained.\n> \n> > (3) A development plan that is adopted by a relevant authority is taken to be in force in relation to the subdivision land for the purposes of the Act, Schedule 7, clause 4(5).","sortOrder":316},{"sectionNumber":"234","sectionType":"section","heading":"Amendment of development plans","content":"#### 234 Amendment of development plans\n\n234 Amendment of development plans\n\n> A proposed amendment to a development plan is adopted by the relevant authority if the relevant authority—\n> \n> > (a) resolves to adopt the amendment or takes other action that is necessary to take the decision to adopt the amendment, and\n> \n> > (b) within 28 days after the decision to adopt the amendment—gives written notice to the following—\n> > \n> > > (i) the Minister,\n> > \n> > > (ii) the owners of the land to which the development plan applies,\n> > \n> > > (iii) each council in whose area the land is located.","sortOrder":317},{"sectionNumber":"235","sectionType":"section","heading":"Additional requirements for certain amendments","content":"#### 235 Additional requirements for certain amendments\n\n235 Additional requirements for certain amendments\n\n> > (1) A relevant authority that proposes to adopt a major amendment to a development plan—\n> > \n> > > (a) must give notice of the proposed amendment in accordance with the requirements of section 226 for proposed development plans, and\n> > \n> > > (b) must not adopt the proposed amendment unless at least 60% of the total owners of the land subject to the development plan, and the owners of at least 60% of the total area of that land, have consented to the amendment.\n> \n> > (2) For the purposes of subsection (1)(b), a ballot must be held in accordance with Division 3.\n> \n> > (3) Division 3 applies to the proposed amendment in the same way as it applies to a proposed development plan.\n> \n> > (4) A relevant authority that proposes to adopt an amendment to a development plan that is not a major amendment or a minor amendment must—\n> > \n> > > (a) publish a notice on the NSW planning portal that specifies the following—\n> > > \n> > > > (i) the website on which the proposed amendment is published,\n> > > \n> > > > (ii) the period of at least 28 days during which submissions may be made to the relevant authority about the proposed amendment,\n> > > \n> > > > (iii) the name, telephone number and email address of the relevant authority, and\n> > \n> > > (b) give the notice to each council in whose area the land is located, and\n> > \n> > > (c) display, during the submission period, the notice on or near the land to which the development plan applies, and\n> > \n> > > (d) make the proposed amendment publicly available.\n> \n> > (5) Before adopting an amendment, the relevant authority must consider any submissions received during the submission period.\n> \n> > (6) In this section—\n> > \n> > major amendment means an amendment to a development plan that is not a minor amendment and that—\n> > \n> > > (a) if adopted, would, in the Minister’s opinion, require an amendment to be made to the subdivision order relating to the land to which the development plan applies, or\n> > \n> > > (b) amends provisions of the development plan that modify or disapply the provisions of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022), Part 3, Division 4.\n> > \n> > minor amendment means an amendment to a development plan that—\n> > \n> > > (a) corrects an error or misdescription, or\n> > \n> > > (b) consists of a minor realignment of the boundaries of lots in the proposed plan of subdivision that will not create additional lots or the opportunity for additional dwellings, or\n> > \n> > > (c) alters to a minor extent the location of roads or services to be provided, or\n> > \n> > > (d) varies the proportion of costs to be paid by 1 or more owners of the land by no more than 5% in a particular case.","sortOrder":318},{"sectionNumber":"236","sectionType":"section","heading":"Contributions by owners","content":"#### 236 Contributions by owners\n\n236 Contributions by owners\n\n> > (1) A notice given under the Act, Schedule 7, clause 9(1) must specify—\n> > \n> > > (a) the amount of the contribution sought, and\n> > \n> > > (b) the period, not less than 90 days, within which the contribution must be paid.\n> \n> > (2) For the purposes of the Act, Schedule 7, clause 9(5), the value of land dedicated or traded to the relevant authority in accordance with a development plan is the land value of the land, as at the date on which the land is dedicated or traded, as determined by the Valuer-General under the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).","sortOrder":320},{"sectionNumber":"237","sectionType":"section","heading":"Powers of entry","content":"#### 237 Powers of entry\n\n237 Powers of entry\n\n> > (1) This section applies to entry onto land under the Act, Schedule 7, clause 15.\n> \n> > (2) Entry may be made only at a reasonable hour in the daytime or at an hour during which business is in progress or is usually carried on at the land.\n> \n> > (3) At least 24 hours’ notice must be given to the owner or occupier of the land of the intention to enter the land.\n> \n> > (4) An authorised person must not enter any part of premises being used for residential premises without the consent of the owner or occupier.","sortOrder":321},{"sectionNumber":"238","sectionType":"section","heading":"Notice to council of subdivision action","content":"#### 238 Notice to council of subdivision action\n\n238 Notice to council of subdivision action\n\n> A relevant authority must give written notice of the following matters to a council—\n> \n> > (a) the adoption by the relevant authority of a development plan relating to land in the area of the council,\n> \n> > (b) the making of a subdivision order or an amendment to a subdivision order relating to land in the area of the council,\n> \n> > (c) the completion of subdivision works carried out by or on behalf of the relevant authority on land in the area of the council.","sortOrder":322},{"sectionNumber":"239","sectionType":"section","heading":"Reporting requirements for relevant authorities","content":"#### 239 Reporting requirements for relevant authorities\n\n239 Reporting requirements for relevant authorities\n\n> > (1) A relevant authority under a subdivision order must, no later than 3 months after the end of each financial year, give a written report to the Minister about the following—\n> > \n> > > (a) actions taken during the year by the relevant authority for the purposes of implementing the development plan for the subdivision land,\n> > \n> > > (b) details of purchases and sales or other acquisitions or disposals of subdivision land by the relevant authority during the year, including details of compensation and other amounts paid or received by the relevant authority,\n> > \n> > > (c) details of contributions required to be made, and made or not made, by owners of subdivision land during the year under the subdivision order,\n> > \n> > > (d) details of amounts paid by the relevant authority during the year from funds received for carrying out subdivision works,\n> > \n> > > (e) other matters specified by the Minister by written notice to the relevant authority relating to the subdivision order,\n> > \n> > > (f) other matters the relevant authority considers relevant to its functions as a relevant authority.\n> \n> > (2) The relevant authority under a subdivision order must, as soon as practicable after it considers that the planning purpose of the order has been achieved and the development plan for the subdivision land implemented, or at the request of the Minister, give the following to the Minister—\n> > \n> > > (a) a schedule of completed subdivision works under the development plan for the subdivision land,\n> > \n> > > (b) the audited accounts of the relevant authority in relation to its activities under the subdivision order,\n> > \n> > > (c) details of any unspent funds collected by the relevant authority under the subdivision order,\n> > \n> > > (d) details of a proposed scheme for distribution of the unspent funds and of consultation with owners of the subdivision land about the scheme,\n> > \n> > > (e) details of purchases and sales or other acquisitions or disposals of subdivision land by the relevant authority for the purposes of the subdivision order, including details of amounts paid or received by the relevant authority,\n> > \n> > > (f) details of the subdivision land owned by the relevant authority,\n> > \n> > > (g) details of the notification by the relevant authority to owners of the subdivision land of the completion of the implementation of the development plan.","sortOrder":323},{"sectionNumber":"Part 11","sectionType":"part","heading":"Council registers and other records—the Act, s 4.58","content":"# Part 11 Council registers and other records—the Act, s 4.58\n\nPart 11 Council registers and other records—the Act, s 4.58","sortOrder":324},{"sectionNumber":"240","sectionType":"section","heading":"Council to keep a register of development applications and development consents","content":"#### 240 Council to keep a register of development applications and development consents\n\n240 Council to keep a register of development applications and development consents\n\n> > (1) This section applies to—\n> > \n> > > (a) a development application that is made to a council as the consent authority, and\n> > \n> > > (b) a development consent granted by the council as the consent authority, and\n> > \n> > > (c) other development applications and development consents that are provided to a council under this Regulation, when the council is not the consent authority.\n> \n> > (2) A council must keep a register containing the following information about each development application—\n> > \n> > > (a) the registered number of the application,\n> > \n> > > (b) the day on which the application was made,\n> > \n> > > (c) the amount of the fees payable in relation to the application,\n> > \n> > > (d) the day on which the fees were paid,\n> > \n> > > (e) the day on which the application was determined.\n> \n> > (3) The register must also contain the following information about each development consent—\n> > \n> > > (a) the name and address of the person to whom the development consent was granted,\n> > \n> > > (b) the address and folio identifier of the land to which the development consent relates,\n> > \n> > > (c) the day on which the development consent was granted,\n> > \n> > > (d) a brief description of the subject matter of the development consent, including a statement about whether the development is residential, commercial, industrial or another kind,\n> > \n> > > (e) the conditions of the development consent,\n> > \n> > > (f) the duration of the development consent,\n> > \n> > > (g) the day on which the development consent became effective,\n> > \n> > > (h) whether the development consent is revoked, modified or surrendered,\n> > \n> > > (i) the day on which notice of the grant of the development consent was published on the council’s website for the purposes of the Act, section 4.59,\n> > \n> > > (j) the date of issue of a related construction certificate or subdivision works certificate,\n> > \n> > > (k) the day on which building work or subdivision work commenced under the development consent,\n> > \n> > > (l) the name and registration number of the principal certifier for the building work or subdivision work to which the development consent relates,\n> > \n> > > (m) for a development consent that relates to residential building work—\n> > > \n> > > > (i) the name of each licensee and owner-builder, and\n> > > \n> > > > (ii) the name of the approved insurer, if relevant, of the licensee under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 6, and\n> > > \n> > > > (iii) the number endorsed on each contractor licence or permit, if the number is notified to the council under this Regulation,\n> > \n> > > (m1) for a development consent granted in response to a council-related development application—\n> > > \n> > > > (i) conflicts of interest that may arise in connection with the application because the council is the consent authority, and\n> > > \n> > > > (ii) measures taken by the council to manage the conflicts of interest,\n> > \n> > > (n) for a development consent with a condition under the Act, section 4.17(10B)—the outcome of a review carried out by the consent authority under the condition,\n> > \n> > > (o) the date of issue of a related subdivision certificate or occupation certificate,\n> > \n> > > (p) the approvals taken, by the Act, section 4.12, to have been granted under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> > \n> > > (q) the approvals under any Act that were considered as part of the integrated development process.\n> \n> > (4) The register must contain the following indexes of the development consents—\n> > \n> > > (a) an index prepared by reference to the address of the land to which each development consent relates,\n> > \n> > > (b) an index prepared by reference to the chronological order of the granting of each development consent.\n> \n> > (5) The register must be—\n> > \n> > > (a) kept in electronic form, and\n> > \n> > > (b) published on the council’s website.\n> \n> **s 240:** Am 2022 (579), Sch 1\\[3\\].","sortOrder":325},{"sectionNumber":"241","sectionType":"section","heading":"Council to keep a register of complying development certificates","content":"#### 241 Council to keep a register of complying development certificates\n\n241 Council to keep a register of complying development certificates\n\n> > (1) A council must keep a register containing the following information about each application for a complying development certificate and each complying development certificate for development on land in the council’s area—\n> > \n> > > (a) the day on which the application was lodged,\n> > \n> > > (b) the name and address of the applicant,\n> > \n> > > (c) the address and folio identifier of the land to which the complying development certificate relates,\n> > \n> > > (d) the day on which the complying development certificate was issued or refused,\n> > \n> > > (e) if the complying development certificate was issued or refused by a registered certifier—the name and registration number of the registered certifier,\n> > \n> > > (f) the day on which building work or subdivision work to which the complying development certificate relates commenced,\n> > \n> > > (g) the name and registration number of the principal certifier for the building work or subdivision work,\n> > \n> > > (h) for a complying development certificate that relates to residential building work—\n> > > \n> > > > (i) the name of each licensee and owner-builder, and\n> > > \n> > > > (ii) the name of the approved insurer, if relevant, of the licensee under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 6, and\n> > > \n> > > > (iii) the number endorsed on each contractor licence or permit, if the number is notified to the council under this Regulation,\n> > \n> > > (i) the date of issue of a related subdivision certificate or occupation certificate,\n> > \n> > > (j) the day on which notice of the issue of the complying development certificate was published on the council’s website for the purposes of the Act, section 4.59.\n> \n> > (2) The register must contain the following indexes of the complying development certificates—\n> > \n> > > (a) an index prepared by reference to the address of the land to which each complying development certificate relates,\n> > \n> > > (b) an index prepared by reference to the chronological order of the issuing of each complying development certificate.\n> \n> > (3) The register must be—\n> > \n> > > (a) kept in electronic form, and\n> > \n> > > (b) published on the council’s website.\n> \n> > (4) This section applies to an application for a complying development certificate and a complying development certificate, whether or not the council is the certifier.","sortOrder":326},{"sectionNumber":"242","sectionType":"section","heading":"Council to keep certain documents relating to development applications and consents","content":"#### 242 Council to keep certain documents relating to development applications and consents\n\n242 Council to keep certain documents relating to development applications and consents\n\n> > (1) This section applies to—\n> > \n> > > (a) a development application that is made to the council as the consent authority, and\n> > \n> > > (b) a development consent granted by the council as the consent authority, and\n> > \n> > > (c) other development applications, development consents and documents that are provided to the council under this Regulation, when the council is not the consent authority or the certifier.\n> \n> > (2) A council must keep the following documents, or a copy of the documents, for each development application and each development consent—\n> > \n> > > (a) the development application,\n> > \n> > > (b) the post-determination notice given to the applicant under the Act, section 4.18,\n> > \n> > > (c) an instrument by which some other development consent or existing use right conferred by the Act, Division 4.11 has been modified or surrendered,\n> > \n> > > (d) a decision of the Court in relation to a development consent granted by the Court on appeal from the determination of the council,\n> > \n> > > (e) a recommendation made by a relevant employee of the council in relation to the determination of the application,\n> > \n> > > (f) if the development consent is revoked, modified or surrendered—the instrument of revocation, modification or surrender,\n> > \n> > > (g) the notification of the determination to issue a related construction certificate or subdivision works certificate, including—\n> > > \n> > > > (i) any construction certificate or subdivision works certificate issued, and\n> > > \n> > > > (ii) the related plans and specifications and other documents that were given to the council,\n> > \n> > > (h) the notice of the grant of the development consent published on the council’s website for the purposes of the Act, section 4.59,\n> > \n> > > (i) the notification of the appointment of the principal certifier,\n> > \n> > > (j) the notification of the commencement of building work or subdivision work,\n> > \n> > > (k) the notification of the determination of an application for a related occupation certificate, including any occupation certificate issued,\n> > \n> > > (l) the notification of the determination of an application for a related subdivision certificate, including the endorsed plan of subdivision,\n> > \n> > > (m) the notification of the determination of an application for a related compliance certificate, including—\n> > > \n> > > > (i) any compliance certificate issued, and\n> > > \n> > > > (ii) the related plans and specifications and other documents that were given to the council,\n> > \n> > > (n) a decision of the Court in relation to an occupation certificate, subdivision certificate or construction certificate issued by the Court on appeal from a determination of the council,\n> > \n> > > (o) details of approved performance solutions relating to a construction certificate or compliance certificate and details of the assessment methods used to establish compliance with the relevant performance requirements under the Building Code of Australia,\n> > \n> > > (p) the record of an inspection made for the purposes of the issue of a construction certificate.\n> \n> > (3) A council must publish the documents required to be kept under this section on its website.","sortOrder":327},{"sectionNumber":"243","sectionType":"section","heading":"Council to keep certain documents relating to complying development certificates","content":"#### 243 Council to keep certain documents relating to complying development certificates\n\n243 Council to keep certain documents relating to complying development certificates\n\n> > (1) A council must keep the following documents, or a copy of the documents, in relation to each application for a complying development certificate and each complying development certificate for development on land in the council’s area—\n> > \n> > > (a) the determination of the application for a complying development certificate, including—\n> > > \n> > > > (i) any complying development certificate issued, and\n> > > \n> > > > (ii) the related plans and specifications,\n> > \n> > > (b) the notice of the issue of the complying development certificate published on the council’s website for the purposes of the Act, section 4.59,\n> > \n> > > (c) the notification of the appointment of the principal certifier,\n> > \n> > > (d) the notification of the commencement of building work or subdivision work,\n> > \n> > > (e) the notification of the determination of an application for a related occupation certificate,\n> > \n> > > (f) the notification of the determination of an application for a related subdivision certificate, including the endorsed plan of subdivision,\n> > \n> > > (g) the notification of the determination of an application for a related compliance certificate,\n> > \n> > > (h) a decision of the Court in relation to an occupation certificate or subdivision certificate issued by the Court on appeal from a determination of the council,\n> > \n> > > (i) details of approved performance solutions relating to a compliance certificate and details of the assessment methods used to establish compliance with the relevant performance requirements under the Building Code of Australia,\n> > \n> > > (j) the record of an inspection made for the purposes of the issue of a complying development certificate,\n> > \n> > > (k) a notice given to, or given by, the council under section 135.\n> \n> > (2) A council must publish the documents required to be kept under this section on its website.\n> \n> > (3) This section applies to an application for a complying development certificate and a complying development certificate, whether or not the council is the certifier.","sortOrder":328},{"sectionNumber":"Part 12","sectionType":"part","heading":"Reviews and appeals—the Act, Div 8.2","content":"# Part 12 Reviews and appeals—the Act, Div 8.2\n\nPart 12 Reviews and appeals—the Act, Div 8.2","sortOrder":329},{"sectionNumber":"244","sectionType":"section","heading":"Application for review of consent authority’s decision or determination","content":"#### 244 Application for review of consent authority’s decision or determination\n\n244 Application for review of consent authority’s decision or determination\n\n> > (1) An application for review must be—\n> > \n> > > (a) in the approved form, and\n> > \n> > > (b) submitted on the NSW planning portal.\n> \n> > (2) An application for review must be submitted on the NSW planning portal no later than—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) for review of a decision by a council to reject and not determine a development application—14 days after the applicant is notified of the decision.\n> > > \n> > > Note—\n> > > \n> > > The Act, section 8.3(2) provides for when an application for review of a determination by a consent authority of an application for development consent must be made.\n> \n> > (3) The fees payable for an application for review are specified in Schedule 4 and determined in accordance with Part 13.\n> \n> > (4) An application for review is lodged on the day on which the fees payable for the application under this Regulation are paid.\n> \n> **s 244:** Am 2025 No 71, Sch 2\\[20\\].","sortOrder":330},{"sectionNumber":"245","sectionType":"section","heading":"Notice of application for review of consent authority’s decision or determination","content":"#### 245 Notice of application for review of consent authority’s decision or determination\n\n245 Notice of application for review of consent authority’s decision or determination\n\n> > (1) The notice of an application for review, as required under the Act, Schedule 1, clause 20A, must contain the following information—\n> > \n> > > (a) a brief description of the application for review and the land to which it relates,\n> > \n> > > (b) a statement that submissions about the application for review may be made to the council during the period specified in the Act, Schedule 1, clause 20A.\n> \n> > (2) An application for review must be otherwise notified or advertised in the same way as the development application or modification application was originally notified or advertised.\n> \n> > (3) The consent authority must, through the NSW planning portal, give a copy of the application for review to each concurrence authority for the development to which the application relates.\n> \n> > (4) The fee payable for the notice under this section is specified in Schedule 4.\n> \n> **s 245:** Am 2023 (350), Sch 1\\[1\\].","sortOrder":331},{"sectionNumber":"246","sectionType":"section","heading":"Notice of consent authority’s review","content":"#### 246 Notice of consent authority’s review\n\n246 Notice of consent authority’s review\n\n> > (1) As soon as practicable after determining an application for review, the consent authority must notify the following of the determination—\n> > \n> > > (a) the applicant,\n> > \n> > > (b) if the application applies to land owned by a Local Aboriginal Land Council—the New South Wales Aboriginal Land Council, but not if the review confirms the determination,\n> > \n> > > (c) each person who made a submission under the Act in relation to the original application.\n> \n> > (2) The applicant must be notified through the NSW planning portal.\n> \n> > (3) Notice must be given in the approved form if the consent authority is—\n> > \n> > > (a) a council, or\n> > \n> > > (b) a council exercising consent authority functions of a Sydney district or regional planning panel on behalf of the panel under the Act, section 4.7, or\n> > \n> > > (c) a local planning panel or an officer or employee exercising functions on behalf of a council under the Act, section 4.8.\n> \n> > (4) Subsection (3) does not apply to a notice for—\n> > \n> > > (a) State significant development, or\n> > \n> > > (b) Crown development.\n> \n> **s 246:** Am 2022 (530), Sch 1\\[5\\].","sortOrder":332},{"sectionNumber":"247","sectionType":"section","heading":"Deemed refusal period for consent authority reviews","content":"#### 247 Deemed refusal period for consent authority reviews\n\n247 Deemed refusal period for consent authority reviews\n\n> A council is taken to have refused an application for review of a decision to reject and not determine a development application or modification application if it does not determine the application for review within 14 days after the application for review is made.","sortOrder":333},{"sectionNumber":"248","sectionType":"section","heading":"Deemed refusal period for Court appeals","content":"#### 248 Deemed refusal period for Court appeals\n\n248 Deemed refusal period for Court appeals\n\n> > (1) For the purposes of the Act, section 8.22(2), the period of 40 days after an application under the Act, section 4.54 is made is prescribed.\n> \n> > (2) For the purposes of the Act, section 8.25(1)(b), the period of 40 days after the later of the following is prescribed—\n> > \n> > > (a) the day on which the application for the building information certificate is made,\n> > \n> > > (b) if the applicant receives a notice under the Act, section 6.26(2) to supply information—the day on which the information is supplied.","sortOrder":334},{"sectionNumber":"Part 13","sectionType":"part","heading":"Fees","content":"# Part 13 Fees\n\nPart 13 Fees","sortOrder":335},{"sectionNumber":"249","sectionType":"section","heading":"Definitions","content":"#### 249 Definitions\n\n249 Definitions\n\n> In this Part—\n> \n> application means the following—\n> \n> > (a) a development application, including for State significant development,\n> \n> > (b) a modification application, including for State significant development,\n> \n> > (c) an application for approval of State significant infrastructure,\n> \n> > (d) a request for modification of an approval of State significant infrastructure.\n> \n> concept component of a staged application means the part of a concept development application or a staged infrastructure application that sets out concept proposals for the development of a site or infrastructure.\n> \n> planning reform services means—\n> \n> > (a) the monitoring and reviewing by the Planning Secretary of the practices and procedures followed by consent authorities in dealing with applications for the following purposes—\n> > \n> > > (i) assessing the efficiency and effectiveness of the practices and procedures,\n> > \n> > > (ii) ensuring the practices and procedures comply with the provisions of the Act and this Regulation, and\n> \n> > (b) the monitoring and reviewing by the Planning Secretary of the following provisions of environmental planning instruments for the purposes of assessing the effectiveness of the provisions in achieving their intended effect and making recommendations for their improvement—\n> > \n> > > (i) provisions that control development,\n> > \n> > > (ii) provisions that consent authorities are required to consider when dealing with applications, and\n> \n> > (c) the online delivery of planning services and information by the Planning Secretary, including—\n> > \n> > > (i) the compilation and maintenance of the NSW planning database, and\n> > \n> > > (ii) the operation of the NSW planning portal, and\n> > \n> > > (iii) the enhancement of the NSW planning database and the NSW planning portal.\n> \n> staged infrastructure application has the same meaning as it has in the Act, section 5.20.","sortOrder":337},{"sectionNumber":"250","sectionType":"section","heading":"Services covered by fees for development applications","content":"#### 250 Services covered by fees for development applications\n\n250 Services covered by fees for development applications\n\n> > (1) The services covered by the fee for a development application, other than an application for State significant development or approval of State significant infrastructure, include the following—\n> > \n> > > (a) the receipt of the application and internal referrals of the application,\n> > \n> > > (b) consideration of the application for the purpose of determining if further information is required in relation to the proposed development,\n> > \n> > > (c) inspection of the land to which the proposed development relates,\n> > \n> > > (d) evaluation of the proposed development, including discussion with interested parties,\n> > \n> > > (e) preparation of internal reports on the application,\n> > \n> > > (f) preparation and service of notices of the consent authority’s determination of the application,\n> > \n> > > (g) planning reform services.\n> \n> > (2) The services covered by the fee for a development application for State significant development or approval of State significant infrastructure include planning reform services.","sortOrder":338},{"sectionNumber":"251","sectionType":"section","heading":"Estimated development cost—fees","content":"#### 251 Estimated development cost—fees\n\n251 Estimated development cost—fees\n\n> > (1) This section applies if a fee specified in Schedule 4 relating to an application is based on the estimated development cost of proposed development.\n> \n> > (2) A consent authority must, when determining the fee, use the estimated development cost specified in the application, unless, in the consent authority’s opinion, the specified estimated development cost is not genuine or accurate.\n> \n> > (3) Subsection (2) does not apply to State significant development or State significant infrastructure.\n> \n> > (4) The Planning Secretary may, when determining the fee in relation to the concept component of a staged application, make any necessary assumptions about the detail of the future stages of the development or infrastructure.\n> \n> **s 251:** Subst 2023 (512), Sch 1\\[4\\].","sortOrder":339},{"sectionNumber":"252","sectionType":"section","heading":"Planning Secretary may determine fees","content":"#### 252 Planning Secretary may determine fees\n\n252 Planning Secretary may determine fees\n\n> > (1) The Planning Secretary may determine, either generally or in a particular case, the fee payable for doing anything referred to in the Act, section 7.44(1).\n> \n> > (2) In determining the fee, the Planning Secretary must consider the cost to the Minister, the Planning Ministerial Corporation, the Department or the Planning Secretary of doing the thing referred to in that subsection.\n> \n> > (3) If the Planning Secretary has not determined a fee under subsection (1), the maximum fee that may be imposed under the Act, section 7.44(1) is 120% of the cost to the Minister, the Planning Ministerial Corporation, the Department or the Planning Secretary of doing the thing referred to in that subsection.","sortOrder":341},{"sectionNumber":"253","sectionType":"section","heading":"Waiver and refund of fees","content":"#### 253 Waiver and refund of fees\n\n253 Waiver and refund of fees\n\n> > (1) A person or body to whom a fee or charge is payable under this Regulation may waive or refund payment of all or part of the fee or charge if the person or body considers it is appropriate to do so.\n> > \n> > Example—\n> > \n> > A consent authority may refund the whole or part of an application fee paid in relation to a development application that is withdrawn before it is determined.\n> \n> > (2) A concurrence authority or an approval body may waive all or part of a fee payable to the authority or body for its concurrence or approval by giving written notice to—\n> > \n> > > (a) a consent authority, in relation to concurrence or approval fees collected by the consent authority, or\n> > \n> > > (b) the Planning Secretary, in relation to concurrence or approval fees collected through the NSW planning portal.\n> \n> > (3) A waiver under subsection (2) may be given—\n> > \n> > > (a) generally, or\n> > \n> > > (b) in relation to a particular class of applications, or\n> > \n> > > (c) in relation to a particular application.","sortOrder":342},{"sectionNumber":"254","sectionType":"section","heading":"Circumstances in which refund of fees required","content":"#### 254 Circumstances in which refund of fees required\n\n254 Circumstances in which refund of fees required\n\n> > (1) If a consent authority rejects an application, the consent authority must refund to the applicant the whole of the fee paid for the application.\n> \n> > (2) If a consent authority is paid a fee for giving notice of the following development, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice—\n> > \n> > > (a) designated development,\n> > \n> > > (b) nominated integrated development,\n> > \n> > > (c) threatened species development,\n> > \n> > > (d) Class 1 aquaculture development,\n> > \n> > > (e) prohibited development,\n> > \n> > > (f) other development for which a community participation plan requires notice to be given.\n> \n> > (3) If a consent authority is paid a fee for giving notice of a modification application, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice.\n> \n> > (4) If a consent authority is paid an additional fee for an application that is accompanied by a statement of a qualified designer, the consent authority must refund to the applicant the additional fee, if the development is not referred to a design review panel.\n> \n> > (5) Subsections (3) and (4) do not apply to fees paid in relation to—\n> > \n> > > (a) a development application for State significant development, or\n> > \n> > > (b) an application for approval of State significant infrastructure,","sortOrder":343},{"sectionNumber":"255","sectionType":"section","heading":"Information about development application fees","content":"#### 255 Information about development application fees\n\n255 Information about development application fees\n\n> > (1) A consent authority must publish the following on its website—\n> > \n> > > (a) the consent authority’s scale of fees for applications generally,\n> > \n> > > (b) the amount of the fee to accompany an application of a particular kind, if determined by the consent authority.\n> \n> > (2) This section does not apply to fees for State significant infrastructure.","sortOrder":345},{"sectionNumber":"256","sectionType":"section","heading":"Determination of fees for applications","content":"#### 256 Determination of fees for applications\n\n256 Determination of fees for applications\n\n> > (1) The fee for an application must be determined in accordance with this Part and Schedule 4 by—\n> > \n> > > (a) if the application relates to State significant development or State significant infrastructure—the Planning Secretary, or\n> > \n> > > (b) otherwise—the consent authority.\n> \n> > (2) The determination of the fee for an application must be made before, or within 14 days after—\n> > \n> > > (a) if the application relates to State significant infrastructure—the environmental impact statement is submitted to the Planning Secretary under the Act, section 5.17, or\n> > \n> > > (b) otherwise—the application is submitted on the NSW planning portal.\n> \n> > (3) The determination takes effect when notice of the determination is given to the applicant through the NSW planning portal.\n> \n> > (4) The fee for an application may consist of the sum of 1 or more fees for different matters.\n> > \n> > Note—\n> > \n> > Schedule 4 specifies various fees for different matters, including the following—\n> > \n> > > (a) different fees for different kinds of development,\n> > \n> > > (b) additional fees for certain kinds of development,\n> > \n> > > (c) fees payable if a consent authority is required to publicly notify a development application or other document,\n> > \n> > > (d) fees payable to an approval body for integrated development and to a concurrence authority for development requiring concurrence.\n> \n> > (5) If a fee has been determined and notified to the applicant but has not been paid, the consent authority, or the Minister if the application relates to State significant infrastructure, may refuse to consider the application.\n> \n> > (6) In this section—\n> > \n> > application includes an application for review under the Act, section 8.3.","sortOrder":346},{"sectionNumber":"257","sectionType":"section","heading":"Timing for payment of certain additional fees","content":"#### 257 Timing for payment of certain additional fees\n\n257 Timing for payment of certain additional fees\n\n> If State significant infrastructure is declared to be critical State significant infrastructure after the fee for the application for approval of State significant infrastructure is due or paid, the additional fee for the approval of critical State significant infrastructure is payable within 14 days after the Planning Secretary notifies the applicant of the additional fee.","sortOrder":347},{"sectionNumber":"258","sectionType":"section","heading":"Concept development applications other than State significant development","content":"#### 258 Concept development applications other than State significant development\n\n258 Concept development applications other than State significant development\n\n> > (1) The fee payable for a concept development application in relation to a site, and for a subsequent development application for part of the site, is the fee that would be payable if a single development application were required for all development on the site.\n> \n> > (2) This section does not apply to State significant development.","sortOrder":348},{"sectionNumber":"259","sectionType":"section","heading":"Fees not to be charged for council compliance and enforcement functions—the Act, s 4.64(1)(f)","content":"#### 259 Fees not to be charged for council compliance and enforcement functions—the Act, s 4.64(1)(f)\n\n259 Fees not to be charged for council compliance and enforcement functions—the Act, s 4.64(1)(f)\n\n> > (1) The charging of a fee by a council in relation to a development application for the exercise of the council’s compliance or enforcement functions under the Act in relation to development carried out in the council’s area is prohibited.\n> > \n> > Note—\n> > \n> > The [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 610(2) provides that a council must not charge a fee for a service if another Act prohibits the charging of the fee.\n> \n> > (2) This section does not prohibit the charging of a fee that is specifically prescribed by this Regulation or the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> > (3) This section does not apply to a development application for State significant development.","sortOrder":349},{"sectionNumber":"260","sectionType":"section","heading":"Fees for proponents of State significant development","content":"#### 260 Fees for proponents of State significant development\n\n260 Fees for proponents of State significant development\n\n> > (1) The Planning Secretary may require an SSD proponent to pay a fee determined by the Planning Secretary that does not exceed the reasonable costs incurred by the Department in exercising the functions under section 280 in relation to the request.\n> \n> > (2) In this section—\n> > \n> > SSD proponent means a person who requests a Ministerial planning order under the Act, section 4.36(3).","sortOrder":351},{"sectionNumber":"261","sectionType":"section","heading":"Assessment fee for concept component of staged applications for State significant development and State significant infrastructure","content":"#### 261 Assessment fee for concept component of staged applications for State significant development and State significant infrastructure\n\n261 Assessment fee for concept component of staged applications for State significant development and State significant infrastructure\n\n> > (1) The Planning Secretary may require the payment of an additional fee for the assessment of the concept component of a staged application that relates to State significant development or State significant infrastructure.\n> \n> > (2) The amount of the fee must not exceed the fee that would be payable for all the proposed State significant development or State significant infrastructure to which the concept component of the staged application relates.\n> \n> > (3) The payment of a fee under this section does not remove the need to pay another fee under this Regulation in relation to—\n> > \n> > > (a) a concept development application to the extent to which it sets out detailed proposals for the first stage of development, or\n> > \n> > > (b) a staged infrastructure application to the extent to which it sets out detailed proposals for the first stage, or\n> > \n> > > (c) another application, including a subsequent application that relates to the staged application.","sortOrder":352},{"sectionNumber":"262","sectionType":"section","heading":"Fees for referral to Independent Planning Commission or Sydney district or regional planning panel","content":"#### 262 Fees for referral to Independent Planning Commission or Sydney district or regional planning panel\n\n262 Fees for referral to Independent Planning Commission or Sydney district or regional planning panel\n\n> > (1) The Planning Secretary may require the payment of a fee, of no more than the maximum fee specified in Schedule 4, for considering a request that the Minister or the Planning Secretary refer a matter to the Independent Planning Commission or a Sydney district or regional planning panel.\n> \n> > (2) If the matter is referred, the Planning Secretary may require the payment of a fee, of no more than the maximum fee specified in Schedule 4, for the costs and expenses incurred by—\n> > \n> > > (a) the Minister or the Planning Secretary in preparing a report about the referred matter, including any necessary consultation with councils and other relevant agencies, or\n> > \n> > > (b) the Independent Planning Commission or a Sydney district or regional planning panel in providing advice to the Minister or the Planning Secretary.\n> \n> > (3) A fee is not payable under this section in relation to a request made by an SSD proponent under section 260.","sortOrder":353},{"sectionNumber":"263","sectionType":"section","heading":"Public hearing by Independent Planning Commission","content":"#### 263 Public hearing by Independent Planning Commission\n\n263 Public hearing by Independent Planning Commission\n\n> > (1) This section applies to a public hearing held by the Independent Planning Commission under the Act, section 2.9(1)(d) that relates to—\n> > \n> > > (a) a development application for State significant development, or\n> > \n> > > (b) an application for approval of State significant infrastructure.\n> \n> > (2) The fee payable for the public hearing is the sum of—\n> > \n> > > (a) the base fee specified in Schedule 4, and\n> > \n> > > (b) an additional fee determined by the Planning Secretary for the estimated costs to the Independent Planning Commission of the public hearing, not exceeding the maximum additional fee specified in Schedule 4.\n> \n> > (3) The fee is payable by the person making the application to which the hearing relates within 14 days after the Planning Secretary notifies the person of the fee payable.","sortOrder":354},{"sectionNumber":"264","sectionType":"section","heading":"Consideration of planning proposal with State significant development application","content":"#### 264 Consideration of planning proposal with State significant development application\n\n264 Consideration of planning proposal with State significant development application\n\n> > (1) The fee payable for considering a proposed environmental planning instrument in conjunction with a development application for State significant development under the Act, section 4.38(5) is specified in Schedule 4.\n> \n> > (2) The fee is payable by the person making the development application within 14 days after the Planning Secretary notifies the person of the fee payable.","sortOrder":355},{"sectionNumber":"265","sectionType":"section","heading":"Making environmental impact statements publicly available","content":"#### 265 Making environmental impact statements publicly available\n\n265 Making environmental impact statements publicly available\n\n> The maximum additional fee payable for making an environmental impact statement publicly available under the Act in relation to an application for State significant development or for approval of State significant infrastructure is specified in Schedule 4.","sortOrder":356},{"sectionNumber":"266","sectionType":"section","heading":"Planning reform contributions from development application fees","content":"#### 266 Planning reform contributions from development application fees\n\n266 Planning reform contributions from development application fees\n\n> > (1) This section applies to a development application for development with an estimated development cost, including GST, of more than $50,000 that involves—\n> > \n> > > (a) the erection of a building, or\n> > \n> > > (b) the carrying out of a work, or\n> > \n> > > (c) the demolition of a work or a building.\n> \n> > (2) A consent authority to whom a development application is made must set aside an amount from the fee paid for the development application for payment to the Planning Secretary for planning reform services.\n> \n> > (3) The amount must be determined in accordance with the following formula—\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0759)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)  \n> > where—\n> > \n> > P represents the amount to be set aside, expressed in dollars rounded down to the nearest dollar.\n> > \n> > E represents the estimated development cost, including GST, expressed in dollars rounded up to the nearest thousand dollars.\n> \n> > (4) The consent authority must give the Planning Secretary—\n> > \n> > > (a) on or before the 14th day of each month—a report in the approved form, in relation to the applications lodged with the consent authority during the previous month, and\n> > \n> > > (b) on or before the 28th day of each month—the total amount set aside under this section in relation to the applications.\n> \n> > (5) The Planning Secretary must apply the amounts received under this section to planning reform services.\n> \n> > (6) The Planning Secretary may, at any time, waive the requirement for all or part of an amount to be set aside by a consent authority and paid to the Planning Secretary under this section.\n> \n> > (7) A waiver may be unconditional or subject to conditions.\n> \n> > (8) This section does not apply to a development application to which section 267 applies.\n> \n> **s 266:** Am 2023 (512), Sch 1\\[5\\] \\[6\\].","sortOrder":357},{"sectionNumber":"267","sectionType":"section","heading":"Planning reform contributions from development application fees for State significant development and State significant infrastructure","content":"#### 267 Planning reform contributions from development application fees for State significant development and State significant infrastructure\n\n267 Planning reform contributions from development application fees for State significant development and State significant infrastructure\n\n> > (1) This section applies to the following applications—\n> > \n> > > (a) a development application for State significant development with an estimated development cost of more than $50,000,\n> > \n> > > (b) an application for approval of State significant infrastructure with an estimated development cost of more than $50,000.\n> \n> > (2) The Planning Secretary may require the payment of a fee for the application that is to be used for planning reform services.\n> \n> > (3) The fee payable must not exceed the amount calculated in accordance with the following formula—\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0759)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > where—\n> > \n> > P represents the amount to be set aside, expressed in dollars rounded down to the nearest dollar.\n> > \n> > E represents the estimated development cost of the development or infrastructure, expressed in dollars rounded up to the nearest thousand dollars.\n> \n> > (4) This section does not apply to the concept component of a staged application.\n> \n> **s 267:** Am 2023 (512), Sch 1\\[7\\].","sortOrder":358},{"sectionNumber":"268","sectionType":"section","heading":"Other fees—the Act, section 10.8 and Sch 3, cl 3(2)","content":"#### 268 Other fees—the Act, section 10.8 and Sch 3, cl 3(2)\n\n268 Other fees—the Act, section 10.8 and Sch 3, cl 3(2)\n\n> > (1) The fee payable for a certified copy of a document, map or plan under the Act, section 10.8(2) is specified in Schedule 4.\n> \n> > (2) The fee payable for submitting the following on the NSW planning portal is specified in Schedule 4—\n> > \n> > > (a) an application for modification of a development consent under the Act, section 4.55(1A) or (2) or 4.56,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) an application for a building information certificate,\n> > \n> > > (d) an application for the following under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689)—\n> > > \n> > > > (i) a construction certificate\n> > > \n> > > > (ii) a subdivision works certificate,\n> > > \n> > > > (iii) an occupation certificate\n> > > \n> > > > (iv) a subdivision certificate.\n> \n> > (3) The fee payable for using the NSW planning portal to pay a monetary contribution or levy under the Act, Division 7.1 is specified in Schedule 4.\n> \n> **s 268:** Am 2022 (142), Sch 1\\[10\\].","sortOrder":359},{"sectionNumber":"269","sectionType":"section","heading":"Fees for site compatibility certificates and site verification certificates","content":"#### 269 Fees for site compatibility certificates and site verification certificates\n\n269 Fees for site compatibility certificates and site verification certificates\n\n> > (1) The fee payable for an application for a site compatibility certificate under the following State environmental planning policies is specified in Schedule 4—\n> > \n> > > (a) [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714),\n> > \n> > > (b) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapters 2 and 3.\n> > \n> > > (c) (Repealed)\n> \n> > (2) The fee for submitting an application under subsection (1) on the NSW planning portal is specified in Schedule 4.\n> \n> > (3) The fee payable for an application for a site verification certificate under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2 is specified in Schedule 4.\n> \n> **s 269:** Am 2022 (40), Sch 1\\[44\\] \\[45\\].","sortOrder":360},{"sectionNumber":"269A","sectionType":"section","heading":"Fees for applications to modify biodiversity certification initiated under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 13.5A","content":"#### 269A Fees for applications to modify biodiversity certification initiated under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 13.5A\n\n269A Fees for applications to modify biodiversity certification initiated under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Part 13.5A\n\n> > (1) This section sets out the fees relating to an application made by or on behalf of a relevant landowner under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Part 13.5A (a relevant application).\n> \n> > (2) The following fees are specified in Schedule 4—\n> > \n> > > (a) the fee payable for consideration of a relevant application,\n> > \n> > > (b) the fee payable for the further assessment of the relevant application, if approved by the Minister.\n> \n> > (3) The Planning Secretary may require the payment of a fee, of no more than the maximum additional fee specified in Schedule 4, for reviewing significant ecological data required to be provided with an application to modify biodiversity certification initiated as a result of a relevant application.\n> \n> > (4) In this section—\n> > \n> > biodiversity certification has the same meaning as in the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).\n> > \n> > relevant landowner has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Part 13.5A.\n> \n> **s 269A:** Ins 2022 (752), Sch 1\\[2\\].","sortOrder":361},{"sectionNumber":"Part 14","sectionType":"part","heading":"Bush fire protection—the Act, s 4.14","content":"# Part 14 Bush fire protection—the Act, s 4.14\n\nPart 14 Bush fire protection—the Act, s 4.14","sortOrder":362},{"sectionNumber":"270","sectionType":"section","heading":"Definitions","content":"#### 270 Definitions\n\n270 Definitions\n\n> In this Part—\n> \n> bush fire attack level has the same meaning as in the Australian Standard AS 3959:2018, Construction of buildings in bushfire-prone areas.\n> \n> bush fire attack level–40 (BAL–40) has the same meaning as in Appendix G to the Australian Standard AS 3959:2018, Construction of buildings in bushfire-prone areas.\n> \n> Note—\n> \n> More information about bush fire attack level can be found in Planning for Bush Fire Protection, Table A1.7.\n> \n> bush fire safety authority has the same meaning as in the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), Part 4, Division 8.\n> \n> flame zone (BAL–FZ) has the same meaning as in Appendix G to the Australian Standard AS 3959:2018, Construction of buildings in bushfire-prone areas.\n> \n> Note—\n> \n> More information about the flame zone, can be found in Planning for Bush Fire Protection, Table A1.7.\n> \n> post-subdivision bush fire attack level certificate means a certificate that certifies that, at the time of issue—\n> \n> > (a) the bush fire attack level of the part of the land on which the development is proposed to be carried out corresponded to the bush fire attack level shown on the subdivision plan, and\n> \n> > (b) part of the land was not in bush fire attack level–40 (BAL–40) or the flame zone (BAL–FZ).\n> \n> recognised consultant means a person recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment.\n> \n> urban release area means land identified as an urban release area on the map entitled “Bush Fire Planning—Urban Release Area Map” that is approved, or amended or replaced from time to time, by the Planning Secretary and published on the NSW planning portal.\n> \n> **s 270:** Am 2023 (71), Sch 1.3\\[7\\].","sortOrder":363},{"sectionNumber":"271","sectionType":"section","heading":"Planning for Bush Fire Protection—the Act, s 4.14(1)(a)","content":"#### 271 Planning for Bush Fire Protection—the Act, s 4.14(1)(a)\n\n271 Planning for Bush Fire Protection—the Act, s 4.14(1)(a)\n\n> > (1) Planning for Bush Fire Protection, prepared by the NSW Rural Fire Service in co-operation with the Department, dated November 2019 is prescribed.\n> \n> > (2) The version of Planning for Bush Fire Protection prescribed by subsection (1) is the version of the document as amended by the following—\n> > \n> > > (a) the addendum published in November 2022,\n> > \n> > > (b) the addendum published in January 2025.\n> \n> **s 271:** Subst 2023 (71), Sch 1.3\\[8\\]. Am 2025 (143), Sch 1\\[1\\] \\[2\\].","sortOrder":364},{"sectionNumber":"272","sectionType":"section","heading":"Development excluded from bush fire prone land requirements—the Act, s 4.14(1C)","content":"#### 272 Development excluded from bush fire prone land requirements—the Act, s 4.14(1C)\n\n272 Development excluded from bush fire prone land requirements—the Act, s 4.14(1C)\n\n> > (1) This section applies to development on land in an urban release area involving the erection of a building that is, or is ancillary to, a dual occupancy, dwelling house or secondary dwelling.\n> \n> > (2) Development is excluded from the application of the Act, section 4.14 if the consent authority—\n> > \n> > > (a) has been given—\n> > > \n> > > > (i) a bush fire safety authority for the subdivision of the land that was in force on the day on which the development application for the development was lodged and issued no more than 5 years before that day, and\n> > > \n> > > > (ii) a copy of a plan of subdivision that shows the bush fire attack levels for the land and contains a notation from the NSW Rural Fire Service that the plan was considered in determining the application for the bush fire safety authority under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), and\n> > > \n> > > > (iii) a post-subdivision bush fire attack level certificate, and\n> > \n> > > (b) is satisfied that the development complies with relevant standards specified in the bush fire safety authority relating to setbacks, asset protection zones, provision of water supply or other matters.\n> \n> > (3) The post-subdivision bush fire attack level certificate must—\n> > \n> > > (a) specify the address and folio identifier of the land to which it relates, and\n> > \n> > > (b) specify the date of issue, and\n> > \n> > > (c) identify the relevant bush fire safety authority, and\n> > \n> > > (d) if the subdivision to which the bush fire safety authority relates required development consent—identify the relevant development consent, including the name of the consent authority or certifier, the day on which the consent was granted or issued and the registered number of the consent.\n> \n> > (4) A post-subdivision bush fire attack level certificate may only be issued by the NSW Rural Fire Service or a recognised consultant.\n> \n> > (5) Within 7 days after a recognised consultant issues a post-subdivision bush fire attack level certificate, the consultant must give the certificate to the Commissioner of the NSW Rural Fire Service.\n> \n> > (6) The methodology for determining bush fire attack levels, for the purposes of this section, is the methodology specified in Planning for Bush Fire Protection.\n> \n> **s 272:** Am 2023 (71), Sch 1.3\\[9\\].","sortOrder":365},{"sectionNumber":"273","sectionType":"section","heading":"Fees for post-subdivision bush fire attack level certificates—the Act, s 4.14(1C)(b)","content":"#### 273 Fees for post-subdivision bush fire attack level certificates—the Act, s 4.14(1C)(b)\n\n273 Fees for post-subdivision bush fire attack level certificates—the Act, s 4.14(1C)(b)\n\n> > (1) If an application for a post-subdivision bush fire attack level certificate is made to the NSW Rural Fire Service, it must be accompanied by the fee determined by the NSW Rural Fire Service.\n> \n> > (2) The maximum fee that the NSW Rural Fire Service may charge for the application is as follows—\n> > \n> > > (a) if the application relates to a single lot or proposed lot—$500, or\n> > \n> > > (b) if the application relates to 2–10 lots or proposed lots—$500, plus $300 for each lot or proposed lot exceeding 1 lot, or\n> > \n> > > (c) if the application relates to 11 or more lots or proposed lots—$3,200, plus $150 for each lot or proposed lot exceeding 10 lots.","sortOrder":366},{"sectionNumber":"274","sectionType":"section","heading":"Bush fire prone land map—the Act, s 10.3(2A)","content":"#### 274 Bush fire prone land map—the Act, s 10.3(2A)\n\n274 Bush fire prone land map—the Act, s 10.3(2A)\n\n> > (1) The Commissioner of the NSW Rural Fire Service may review the designation of land on a bush fire prone land map and revise the map if—\n> > \n> > > (a) the land is in an urban release area, and\n> > \n> > > (b) the Commissioner considers that a revision of the map is necessary to—\n> > > \n> > > > (i) record land as bush fire prone land on the map if the bush fire risk is not low, or\n> > > \n> > > > (ii) remove land as bush fire prone land on the map if the bush fire risk is low, or\n> > > \n> > > > (iii) correct, or record changes to, other information relating to land shown on the map.\n> \n> > (2) For the purposes of subsection (1)(b), the Commissioner of the NSW Rural Fire Service may consider—\n> > \n> > > (a) a post-subdivision bush fire attack level certificate applying in relation to the land, and\n> > \n> > > (b) other evidence the Commissioner considers relevant.","sortOrder":367},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"# Part 15 Miscellaneous\n\nPart 15 Miscellaneous","sortOrder":368},{"sectionNumber":"275","sectionType":"section","heading":"Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h)","content":"#### 275 Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h)\n\n275 Functions exercisable by council on behalf of Sydney district or regional planning panel—the Act, s 4.7(2)(h)\n\n> > (1) The determination of an application to modify a development consent under the Act, section 4.55 is prescribed as a function of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area, except as provided by subsection (2).\n> \n> > (2) A council must not determine an application to modify a development consent under the Act, section 4.55(2) on behalf of a Sydney district or regional planning panel if the application is of a kind specified in the Instruction on Functions Exercisable by Council on Behalf of Sydney District or Regional Planning Panels—Applications to Modify Development Consents published on the NSW planning portal on 30 June 2020.\n> \n> > (3) The following functions in relation to a development application to which a design excellence provision applies are prescribed as functions of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area—\n> > \n> > > (a) the certification that a competitive design process is not required,\n> > \n> > > (b) the establishment of a design review panel, other than a design review panel constituted under Division 4A.\n> \n> > (3A) The determination of a development application is prescribed as a function of a Sydney district or regional planning panel that must be exercised on behalf of the panel by the council of the area if a local planning panel has been constituted for the area, except as provided by subsection (3B).\n> \n> > (3B) A council must not determine a development application on behalf of a Sydney district or regional planning panel if the application is of a kind specified in the Instruction on functions not exercisable by council on behalf of Sydney district or regional planning panels—certain regionally significant development applications published on the NSW planning portal in December 2025.\n> \n> > (3C) To avoid doubt, for the Act, section 4.8(4)(c), the functions of a council under subsections (1) and (3A) are declared to be functions of the council as consent authority for the Act, section 4.8.\n> \n> > (4) In this section—\n> > \n> > design excellence provision means a provision that provides that development consent must not be granted unless the consent authority is satisfied the development exhibits design excellence.\n> \n> **s 275:** Am 2024 (325), Sch 1\\[1\\]; 2025 (706), Sch 1.","sortOrder":370},{"sectionNumber":"276","sectionType":"section","heading":"Development applications for land in 2 or more local government areas—the Act, s 4.12","content":"#### 276 Development applications for land in 2 or more local government areas—the Act, s 4.12\n\n276 Development applications for land in 2 or more local government areas—the Act, s 4.12\n\n> > (1) This section applies to a development application for development located in 2 or more local government areas.\n> \n> > (2) If a Sydney district or regional planning panel has the function of determining the development application, a separate development application must be lodged with the council for each area in which the development is located.\n> \n> > (3) If a single local planning panel has been established for 2 or more councils, a separate development application must be lodged with the council for each area in which the development is located.","sortOrder":371},{"sectionNumber":"277","sectionType":"section","heading":"Determination of development applications and modification applications—the Act, s 4.8","content":"#### 277 Determination of development applications and modification applications—the Act, s 4.8\n\n277 Determination of development applications and modification applications—the Act, s 4.8\n\n> > (1) For the purpose of determining a development application, a local planning panel or a Sydney district or regional planning panel may obtain—\n> > \n> > > (a) assessment reports, in addition to an assessment report or other information provided by a relevant council, and\n> > \n> > > (b) other technical advice or assistance the panel considers appropriate.\n> \n> > (2) If a development consent is granted by a local planning panel or a Sydney district or regional planning panel subject to a condition referred to in the Act, section 4.16(3) or 4.17(2), the panel is taken to be satisfied about a matter specified in the condition if the council for the area gives written notice to the chairperson of the panel that the matter specified in the condition has been satisfied.\n> \n> > (3) A local planning panel or a Sydney district or regional planning panel may carry out consultation in relation to a modification application under the Act, section 4.55(2)(b) by directing the general manager of a council for an area to consult the relevant Minister, public authority or approval body on behalf of the panel.","sortOrder":372},{"sectionNumber":"278","sectionType":"section","heading":"Advice of Independent Planning Commission","content":"#### 278 Advice of Independent Planning Commission\n\n278 Advice of Independent Planning Commission\n\n> > (1) In providing its advice under the Act, section 4.36(3), the Independent Planning Commission must consider a general issue relating to State or regional planning significance that the Minister has requested the Commission to consider.\n> \n> > (2) If the Minister considers that the advice of the Commission does not adequately address the issue, the Minister may request the Commission to reconsider the issue.\n> \n> > (3) This section does not affect the validity of advice given or a decision made under the Act, section 4.36(3).","sortOrder":374},{"sectionNumber":"279","sectionType":"section","heading":"Calling in existing development applications","content":"#### 279 Calling in existing development applications\n\n279 Calling in existing development applications\n\n> > (1) This section applies to development declared to be State significant development by a Ministerial planning order under the Act, section 4.36(3) in relation to which a development application has been made but not finally determined before the order is made.\n> \n> > (2) On making the order, the Minister may, by written direction, require the relevant consent authority—\n> > \n> > > (a) to complete any steps in relation to the development application, and\n> > \n> > > (b) to give the development application and other relevant documents and information relating to the development to the Minister, and\n> > \n> > > (c) to pay a specified proportion of the fees paid in relation to the development application to the Planning Secretary, and\n> > \n> > > (d) to notify the applicant, relevant authorities and the other persons or classes of persons specified in the direction that the Minister is now the consent authority for the development.\n> \n> > (3) If a Ministerial planning order is made, the following apply—\n> > \n> > > (a) the development application is taken to be a development application for State significant development,\n> > \n> > > (b) an amount payable under this Regulation in relation to the development must be reduced by the amount, if any, payable to the Planning Secretary under subsection (2)(c),\n> > \n> > > (c) any steps taken by the relevant consent authority in relation to the development application are taken to be steps taken by the Planning Secretary or the Minister in relation to the application for State significant development.","sortOrder":375},{"sectionNumber":"280","sectionType":"section","heading":"Orders declaring State significant development","content":"#### 280 Orders declaring State significant development\n\n280 Orders declaring State significant development\n\n> The Planning Secretary may exercise the following functions in relation to a Ministerial planning order under the Act, section 4.36(3)—\n> \n> > (a) receiving a proponent’s request to make a Ministerial planning order,\n> \n> > (b) preparing and providing a report to the Independent Planning Commission to assist the Commission in advising the Minister on the State or regional planning significance of the proposed development,\n> \n> > (c) consulting councils and other relevant agencies for the purpose of preparing the report.","sortOrder":376},{"sectionNumber":"281","sectionType":"section","heading":"Notice of development control orders","content":"#### 281 Notice of development control orders\n\n281 Notice of development control orders\n\n> > (1) If a consent authority, other than a council, proposes to give a development control order that relates to building work or subdivision work for which the consent authority is not the principal certifier, the consent authority must give the principal certifier notice of its intention to give the order.\n> \n> > (2) A notice required to be given by a consent authority under this section or by a council under the Act, Schedule 5, clause 9(2) must be given within 7 days after the notice of intention to give the order is given under the Act, Schedule 5, clause 8.","sortOrder":378},{"sectionNumber":"282","sectionType":"section","heading":"Enforcement of orders by cessation of utilities","content":"#### 282 Enforcement of orders by cessation of utilities\n\n282 Enforcement of orders by cessation of utilities\n\n> > (1) Backpackers’ accommodation and boarding houses are prescribed for the purposes of the Act, Schedule 5, clause 35(1)(b).\n> \n> > (2) The making of utilities orders for premises used as boarding houses is authorised for the purposes of the Act, Schedule 5, clause 35(10).","sortOrder":379},{"sectionNumber":"283","sectionType":"section","heading":"Form of compliance cost notices—the Act, Sch 5, cl 37(6)(b)","content":"#### 283 Form of compliance cost notices—the Act, Sch 5, cl 37(6)(b)\n\n283 Form of compliance cost notices—the Act, Sch 5, cl 37(6)(b)\n\n> > (1) A compliance cost notice must contain the following—\n> > \n> > > (a) details of the development to which the notice relates, including the address of the development,\n> > \n> > > (b) the name of the person to whom the notice is issued,\n> > \n> > > (c) the amount payable under the notice,\n> > \n> > > (d) the day by which the amount must be paid,\n> > \n> > > (e) the person to whom payment must be made,\n> > \n> > > (f) the way in which payment must be made,\n> > \n> > > (g) details of the costs and expenses claimed under the notice,\n> > \n> > > (h) information setting out how a person may appeal against the notice under the Act, section 8.24,\n> > \n> > > (i) details of the action that may be taken against a person to recover the amount specified in the notice if it is not paid before the end of the period allowed for payment.\n> \n> > (2) The notice must be accompanied by a copy of the order to which the notice relates.","sortOrder":380},{"sectionNumber":"284","sectionType":"section","heading":"Amounts payable under compliance cost notices—the Act, Sch 5, cl 37(6)(c)","content":"#### 284 Amounts payable under compliance cost notices—the Act, Sch 5, cl 37(6)(c)\n\n284 Amounts payable under compliance cost notices—the Act, Sch 5, cl 37(6)(c)\n\n> The maximum amount that may be required to be paid under a compliance cost notice for costs or expenses relating to the preparation or serving of the notice of the intention to give the development control order to which the compliance cost notice relates is $750.","sortOrder":381},{"sectionNumber":"285","sectionType":"section","heading":"Use of NSW planning portal—the Act, Sch 3, cl 3","content":"#### 285 Use of NSW planning portal—the Act, Sch 3, cl 3\n\n285 Use of NSW planning portal—the Act, Sch 3, cl 3\n\n> > (1) A relevant authority may, through the NSW planning portal, give a document or information to an applicant, or request a document or information from an applicant, even if this Regulation requires or permits the document or information to be given in another way.\n> \n> > (2) For the purposes of this Regulation—\n> > \n> > > (a) the time at which a document or information is provided by a relevant authority through the NSW planning portal is the time when the document or information is shown on the NSW planning portal to have been provided by the relevant authority, and\n> > \n> > > (b) the time at which a document or information is received by an applicant or relevant authority is the time when the document or information becomes capable of being retrieved by the applicant or relevant authority on the NSW planning portal.\n> \n> > (3) In this section—\n> > \n> > document or information includes an application, notification, advice or request.\n> > \n> > relevant authority means the following—\n> > \n> > > (a) a consent authority,\n> > \n> > > (b) a concurrence authority,\n> > \n> > > (c) an approval body,\n> > \n> > > (d) a council,\n> > \n> > > (e) a registered certifier,\n> > \n> > > (f) the Planning Secretary.\n> \n> **s 285:** Am 2023 (350), Sch 1\\[6\\].","sortOrder":383},{"sectionNumber":"286","sectionType":"section","heading":"Use of NSW planning portal for consultation, concurrence and approval","content":"#### 286 Use of NSW planning portal for consultation, concurrence and approval\n\n286 Use of NSW planning portal for consultation, concurrence and approval\n\n> > (1) For the purposes of the Act, sections 4.13(1) and 4.64(1)(i), a consent authority must consult with, or obtain the concurrence of, a relevant authority through the NSW planning portal.\n> \n> > (2) For the purposes of the Act, sections 4.47(2) and 4.64(1)(o), a consent authority must obtain the general terms of an approval proposed to be granted by a relevant authority in relation to integrated development through the NSW planning portal.\n> \n> > (3) A response to the consent authority’s consultation, or request for concurrence or for general terms of an approval, must be made by a relevant authority through the NSW planning portal.\n> \n> > (4) In this section—\n> > \n> > electricity supply authority means a person engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public, whether by statute, franchise agreement or otherwise, and includes—\n> > \n> > > (a) an energy services corporation within the meaning of the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095), and\n> > \n> > > (b) a transmission operator or distributor that holds a licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > relevant authority means the following—\n> > \n> > > (a) an approval body,\n> > \n> > > (b) a concurrence authority,\n> > \n> > > (c) an electricity supply authority,\n> > \n> > > (d) the Planning Secretary,\n> > \n> > > (e) a public authority.\n> \n> **s 286:** Am 2023 (350), Sch 1\\[7\\].","sortOrder":384},{"sectionNumber":"287","sectionType":"section","heading":"Use of NSW planning portal for development if Minister, Planning Secretary or Independent Planning Commission is consent authority—the Act, Sch 1, cl 22","content":"#### 287 Use of NSW planning portal for development if Minister, Planning Secretary or Independent Planning Commission is consent authority—the Act, Sch 1, cl 22\n\n287 Use of NSW planning portal for development if Minister, Planning Secretary or Independent Planning Commission is consent authority—the Act, Sch 1, cl 22\n\n> > (1) Submissions about proposed development for which the Minister, Planning Secretary or Independent Planning Commission is the consent authority made during a public exhibition period must be made through the NSW planning portal.\n> \n> > (2) Despite subsection (1), if the Independent Planning Commission is carrying out the public exhibition, whether as the consent authority or as delegate for the Minister or Planning Secretary as consent authority, the Commission may require submissions to be made other than though the NSW planning portal.\n> \n> > (3) This section applies to a public exhibition period commencing on or after 1 April 2024.\n> \n> **s 287:** Subst 2023 (350), Sch 1\\[8\\].","sortOrder":385},{"sectionNumber":"287A","sectionType":"section","heading":"Use of NSW planning portal for State significant infrastructure—the Act, Sch 1, cl 22","content":"#### 287A Use of NSW planning portal for State significant infrastructure—the Act, Sch 1, cl 22\n\n287A Use of NSW planning portal for State significant infrastructure—the Act, Sch 1, cl 22\n\n> > (1) Submissions about proposed State significant infrastructure, including about an environmental impact statement, made during a public exhibition period must be made through the NSW planning portal.\n> \n> > (2) This section applies to a public exhibition period commencing on or after 1 April 2024.\n> \n> **s 287A:** Ins 2023 (350), Sch 1\\[8\\].","sortOrder":386},{"sectionNumber":"288","sectionType":"section","heading":"Phasing in of NSW planning portal","content":"#### 288 Phasing in of NSW planning portal\n\n288 Phasing in of NSW planning portal\n\n> > (1) This section applies to an application made without using the NSW planning portal under the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557), clause 296, as in force immediately before 1 March 2022.\n> \n> > (2) The NSW planning portal is not required to be used in relation to the following—\n> > \n> > > (a) publishing an extract of a development application,\n> > \n> > > (b) a request by a consent authority for more information from an applicant in relation to a development application or modification application,\n> > \n> > > (c) an application to amend a development application or modification application,\n> > \n> > > (d) the withdrawal of a development application,\n> > \n> > > (e) giving notice to an applicant of the determination of a development application, modification application or application for a complying development certificate,\n> > \n> > > (f) giving notice to a council of the determination of an application for a complying development certificate,\n> > \n> > > (g) providing copies of records of inspection,\n> > \n> > > (h) making an application for review.","sortOrder":387},{"sectionNumber":"Division 4A","sectionType":"division","heading":"Design review panels—the Act, s 4.64(1)","content":"## Division 4A Design review panels—the Act, s 4.64(1)\n\nDivision 4A Design review panels—the Act, s 4.64(1)\n\n**pt 15, div 4A:** Ins 2023 (662), Sch 1\\[15\\].","sortOrder":388},{"sectionNumber":"288A","sectionType":"section","heading":"Constitution of design review panels","content":"#### 288A Constitution of design review panels\n\n288A Constitution of design review panels\n\n> > (1) The Minister may constitute a design review panel for—\n> > \n> > > (a) a local government area, or\n> > \n> > > (b) 2 or more local government areas.\n> \n> > (2) Before constituting a design review panel for a local government area, the Minister must consult with the council for the local government area, including in relation to the members of the panel.\n> \n> > (3) The Minister may abolish a design review panel at any time and for any reason.\n> \n> > (4) The Minister may make arrangements with the council for which a design review panel is constituted for the council to provide staff and facilities for the panel.\n> \n> > (5) Schedule 5A contains provisions relating to the members and procedures of a design review panel.\n> \n> **s 288A:** Ins 2023 (662), Sch 1\\[15\\].","sortOrder":389},{"sectionNumber":"288B","sectionType":"section","heading":"Membership of design review panels","content":"#### 288B Membership of design review panels\n\n288B Membership of design review panels\n\n> > (1) A design review panel must consist of 3 or more persons appointed by the Minister.\n> \n> > (2) A person may be appointed as a member of a design review panel only if the person has expertise in architecture, landscape architecture or urban design.\n> \n> > (3) In appointing members of a design review panel, the Minister must ensure that, as far as practicable, the panel consists of persons with expertise in architecture, landscape architecture and urban design.\n> \n> > (4) A person may not be appointed as a member of a design review panel if the person is an officer or employee of a council to which the panel gives advice.\n> \n> > (5) The Minister must appoint a member as chairperson of a design review panel.\n> \n> **s 288B:** Ins 2023 (662), Sch 1\\[15\\].","sortOrder":390},{"sectionNumber":"288C","sectionType":"section","heading":"Advice about design quality of residential apartment development","content":"#### 288C Advice about design quality of residential apartment development\n\n288C Advice about design quality of residential apartment development\n\n> > (1) The function of a design review panel is to review and give independent advice about the quality of the design of residential apartment development, including by evaluating residential apartment development in accordance with—\n> > \n> > > (a) the design principles for residential apartment development, and\n> > \n> > > (b) the Apartment Design Guide.\n> \n> > (2) A design review panel may review and give advice on the request of—\n> > \n> > > (a) a consent authority, or\n> > \n> > > (b) a person who has made or proposes to make a development application or modification application.\n> \n> > (3) A design review panel may review and give advice before or after a development application or modification application for residential apartment development is made.\n> \n> > (4) A design review panel must give advice to a consent authority within 14 days after receiving a request from the consent authority under subsection (2)(a).\n> \n> > (5) This section does not apply to the following—\n> > \n> > > (a) State significant development,\n> > \n> > > (b) development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 7 applies.\n> \n> **s 288C:** Ins 2023 (662), Sch 1\\[15\\]. Am 2025 (634), Sch 1\\[5\\].","sortOrder":391},{"sectionNumber":"288D","sectionType":"section","heading":"Other functions of design review panels","content":"#### 288D Other functions of design review panels\n\n288D Other functions of design review panels\n\n> > (1) A design review panel may review and give independent advice to a council about provisions of the following that relate to design quality and related matters—\n> > \n> > > (a) an in force or draft local environmental plan or development control plan,\n> > \n> > > (b) an in force or draft master plan or other planning policy document.\n> \n> > (2) A design review panel may advise a council whether it endorses provisions reviewed under subsection (1).\n> \n> > (3) A design review panel also has the following functions—\n> > \n> > > (a) to give independent advice to councils on mechanisms and initiatives to improve the implementation of the design principles for residential apartment development,\n> > \n> > > (b) to contribute to the co-ordination of quality of the design of residential apartment development across boundaries of local government areas.\n> \n> > (4) A design review panel may make public advice given under subsection (1) or (3)(a) for the purposes of improving—\n> > \n> > > (a) the understanding of design quality, and\n> > \n> > > (b) the implementation of the design principles for residential apartment development.\n> \n> **s 288D:** Ins 2023 (662), Sch 1\\[15\\].","sortOrder":392},{"sectionNumber":"288E","sectionType":"section","heading":"Functions exercisable by Planning Secretary on behalf of Independent Planning Commission—the Act, s 4.6(h)","content":"#### 288E Functions exercisable by Planning Secretary on behalf of Independent Planning Commission—the Act, s 4.6(h)\n\n288E Functions exercisable by Planning Secretary on behalf of Independent Planning Commission—the Act, s 4.6(h)\n\n> > (1) The following functions in relation to a development application to which a design excellence provision applies are prescribed—\n> > \n> > > (a) the certification that a competitive design process is not required,\n> > \n> > > (b) the establishment of a design review panel, other than a design review panel constituted under Division 4A.\n> \n> > (2) In this section—\n> > \n> > design excellence provision means a provision that provides that development consent must not be granted unless the consent authority is satisfied the development exhibits design excellence.\n> \n> **s 288E:** Ins 2024 (325), Sch 1\\[2\\].","sortOrder":394},{"sectionNumber":"289","sectionType":"section","heading":"Building information certificates—the Act, Div 6.7","content":"#### 289 Building information certificates—the Act, Div 6.7\n\n289 Building information certificates—the Act, Div 6.7\n\n> > (1) An application for a building information certificate must be made through the NSW planning portal.\n> \n> > (2) A building information certificate must contain the following information—\n> > \n> > > (a) a description of the building, or the part of the building, including the address,\n> > \n> > > (b) the day on which the building, or the part of the building, was inspected,\n> > \n> > > (c) a statement that the council is satisfied about the matters specified in the Act, section 6.25(1),\n> > \n> > > (d) a statement that describes the effect of the certificate in the same terms as, or in substantially similar terms to, the Act, section 6.25,\n> > \n> > > (e) the date of issue.\n> \n> > (3) A building information certificate must be issued to an applicant through the NSW planning portal.","sortOrder":395},{"sectionNumber":"290","sectionType":"section","heading":"Planning certificates—the Act, s 10.7","content":"#### 290 Planning certificates—the Act, s 10.7\n\n290 Planning certificates—the Act, s 10.7\n\n> > (1) Schedule 2 sets out the matters required to be specified in a planning certificate.\n> > \n> > Note—\n> > \n> > See also the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 59(2) that sets out additional matters that must be specified in a planning certificate.\n> \n> > (2) A planning certificate may be issued containing only the information set out in Schedule 2, section 4.\n> \n> > (3) The fee payable for an application to a council for a planning certificate is specified in Schedule 4.\n> \n> > (4) A council may charge a fee, not exceeding the maximum fee specified in Schedule 4, for giving advice in a planning certificate as referred to in the Act, section 10.7(5).","sortOrder":396},{"sectionNumber":"291","sectionType":"section","heading":"Councils required to constitute single local planning panel—the Act, s 2.17(2)(c)","content":"#### 291 Councils required to constitute single local planning panel—the Act, s 2.17(2)(c)\n\n291 Councils required to constitute single local planning panel—the Act, s 2.17(2)(c)\n\n> The councils of the following local government areas are prescribed—\n> \n> > (a) Central Coast,\n> \n> > (b) Wingecarribee.\n> \n> > (c) (Repealed)\n> \n> **s 291:** Am 2022 (791), Sch 1\\[2\\]; 2023 (318), sec 3.","sortOrder":397},{"sectionNumber":"292","sectionType":"section","heading":"Reimbursement for local planning panel costs paid by Department—the Act, s 7.44","content":"#### 292 Reimbursement for local planning panel costs paid by Department—the Act, s 7.44\n\n292 Reimbursement for local planning panel costs paid by Department—the Act, s 7.44\n\n> > (1) This section applies if—\n> > \n> > > (a) the Minister constitutes a local planning panel under the Act, section 2.17(5), and\n> > \n> > > (b) the costs of the panel are paid from the funds of the Department.\n> \n> > (2) The Planning Secretary may require the council to pay a fee in connection with the constitution and operation of the panel not exceeding the amount of the costs of the panel that have been paid from the Department’s funds.\n> \n> > (3) For the purposes of this section, the costs of a local planning panel are—\n> > \n> > > (a) the amounts paid in connection with the appointment and remuneration of members of the panel, and\n> > \n> > > (b) other expenses reasonably incurred by the panel in connection with its operation.","sortOrder":398},{"sectionNumber":"293","sectionType":"section","heading":"Community participation requirements","content":"#### 293 Community participation requirements\n\n293 Community participation requirements\n\n> > (1) For the purposes of the Act, section 2.21(2)(f), environmental impact assessment functions under the Act, Division 5.1 are prescribed if—\n> > \n> > > (a) a species impact statement or a biodiversity development assessment report is required under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 7.8, or\n> > \n> > > (b) a species impact statement is required under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZX.\n> \n> > (2) For the purposes of the Act, section 2.23(3)(c), the community participation plan of a council applies to the exercise of the council’s relevant planning functions by—\n> > \n> > > (a) a Sydney district or regional planning panel, or\n> > \n> > > (b) a local planning panel.\n> \n> > (3) For the purposes of the Act, section 2.23(3)(c), a Sydney district or regional planning panel or local planning panel is not required to prepare its own community participation plan.","sortOrder":399},{"sectionNumber":"294","sectionType":"section","heading":"Crown development—the Act, s 4.32(2)(a)","content":"#### 294 Crown development—the Act, s 4.32(2)(a)\n\n294 Crown development—the Act, s 4.32(2)(a)\n\n> The following persons are prescribed as the Crown—\n> \n> > (a) a public authority, other than a council,\n> \n> > (b) an Australian university, within the meaning of the [Higher Education Act 2001](/view/html/inforce/current/act-2001-102),\n> \n> > (c) a TAFE establishment, within the meaning of the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118),\n> \n> > (d) without limiting paragraph (a), a Crown cemetery operator, within the meaning of the [Cemeteries and Crematoria Act 2013](/view/html/inforce/current/act-2013-105).","sortOrder":400},{"sectionNumber":"295","sectionType":"section","heading":"Modification of Protection of the Environment Operations Act 1997, Part 8.3—the Act, s 9.56(2A)","content":"#### 295 Modification of Protection of the Environment Operations Act 1997, Part 8.3—the Act, s 9.56(2A)\n\n295 Modification of [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), Part 8.3—the Act, s 9.56(2A)\n\n> The [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), Part 8.3 applies to an offence under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or this Regulation, with the following modifications—\n> \n> > (a) a reference in that Part to preventing, controlling, abating or mitigating harm to the environment caused by the commission of the offence is taken to include a reference to reversing or rectifying any unlawful development or activity related to the commission of the offence,\n> \n> > (b) the terms environment and public authority, when used in that Part, have the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> \n> > (c) a reference in that Part to a regulatory authority or the EPA is to be read as a reference to a public authority,\n> \n> > (d) the reference in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 250(1)(e) to the Environment Trust established under the [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082) is to be disregarded,\n> \n> > (e) the maximum penalty for an offence under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 251 of failing to comply with an order is $50,000 for a corporation and $10,000 for an individual.","sortOrder":401},{"sectionNumber":"296","sectionType":"section","heading":"Provision of false or misleading information—the Act, s 10.6(3)(d)","content":"#### 296 Provision of false or misleading information—the Act, s 10.6(3)(d)\n\n296 Provision of false or misleading information—the Act, s 10.6(3)(d)\n\n> > (1) The matters specified in this section are declared to be the provision of information in connection with a planning matter.\n> \n> > (2) The provision of information in response to a requirement imposed by the following conditions, except a condition imposed under the Act, section 9.40—\n> > \n> > > (a) a condition of development consent,\n> > \n> > > (b) a condition of an approval to carry out a transitional Part 3A project, within the meaning of the [Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017](/view/html/inforce/current/sl-2018-0067), Schedule 2,\n> > \n> > > (c) a condition of an approval to carry out State significant infrastructure under the Act, Division 5.2.\n> \n> > (3) The provision of information in or for the purposes of a submission in response to the public exhibition of the following documents—\n> > \n> > > (a) a draft strategic plan,\n> > \n> > > (b) a planning proposal,\n> > \n> > > (c) an environmental impact statement,\n> > \n> > > (d) a development application or a modification application,\n> > \n> > > (e) an application for approval of State significant infrastructure or a request to modify the approval,\n> > \n> > > (f) another plan, policy, strategy or document publicly exhibited for a planning purpose by the Department or a council.","sortOrder":402},{"sectionNumber":"297","sectionType":"section","heading":"Planning Secretary may certify certain documents—the Act, s 10.8(1)(b)(i)","content":"#### 297 Planning Secretary may certify certain documents—the Act, s 10.8(1)(b)(i)\n\n297 Planning Secretary may certify certain documents—the Act, s 10.8(1)(b)(i)\n\n> The Planning Secretary is prescribed for the certification of documents.","sortOrder":403},{"sectionNumber":"298","sectionType":"section","heading":"Adjournment of Independent Planning Commission public hearings—the Act, Sch 2, cl 8","content":"#### 298 Adjournment of Independent Planning Commission public hearings—the Act, Sch 2, cl 8\n\n298 Adjournment of Independent Planning Commission public hearings—the Act, Sch 2, cl 8\n\n> > (1) A public hearing of the Independent Planning Commission may be adjourned to a specified time or date if the Commission considers the adjournment necessary.\n> \n> > (2) The requirement to give reasonable notice of a public hearing under the Act, Schedule 2, clause 3 does not apply to a public hearing that is reconvened following an adjournment.\n> \n> **s 298:** Rep 2021 (759), sec 298(8). Ins 2022 (142), Sch 1\\[11\\].","sortOrder":404},{"sectionNumber":"299","sectionType":"section","heading":"Exemption from prohibition against sea bed mineral exploration, recovery and development—the Act, Sch 10, s 3","content":"#### 299 Exemption from prohibition against sea bed mineral exploration, recovery and development—the Act, Sch 10, s 3\n\n299 Exemption from prohibition against sea bed mineral exploration, recovery and development—the Act, Sch 10, s 3\n\n> For the Act, Schedule 10, section 3(1), the prohibition in the Act, Schedule 10, section 2(1) does not apply to sea bed mineral exploration or recovery, or development for the purposes of sea bed mineral exploration or recovery, that is the following—\n> \n> > (a) exploration, recovery or development the subject of a special purpose consent for the purpose of scientific investigation under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), in force immediately before the commencement of this section,\n> \n> > (b) the following exploration, recovery or development, but only if undertaken for the purpose of scientific investigation—\n> > \n> > > (i) exploration for minerals,\n> > \n> > > (ii) the taking samples of or recovery of minerals,\n> > \n> > Note—\n> > \n> > The exploration, recovery or development will also require a special purpose consent under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042).\n> \n> > (c) the use of minerals recovered from the sea bed, but only if it is incidental to development carried out for another purpose.\n> > \n> > Example—\n> > \n> > Development in relation to the laying of submarine cables for telecommunication or electricity transmission may involve the use of tailings for another purpose, such as landfill.\n> \n> **s 299:** Ins 2024 (630), Sch 1.","sortOrder":405},{"sectionNumber":"300","sectionType":"section","heading":"Exemption from public meeting requirements—the Act, Schedule 2, cll 25(6) and 26(5)","content":"#### 300 Exemption from public meeting requirements—the Act, Schedule 2, cll 25(6) and 26(5)\n\n300 Exemption from public meeting requirements—the Act, Schedule 2, cll 25(6) and 26(5)\n\n> The Housing Delivery Authority is exempt from the requirements of the Act, Schedule 2, clauses 25 and 26(3).\n> \n> **s 300:** Ins 2025 No 24, Sch 2\\[4\\]. Am 2025 No 71, Sch 2\\[35\\].","sortOrder":406},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Public authorities","content":"# Schedule 1 Public authorities\n\nSchedule 1 Public authorities\n\nsection 3(3)\n\n**sch 1:** Am 2022 (40), Sch 1\\[31\\] \\[46\\]–\\[49\\]; 2022 (333), sec 3(4); 2023 (31), sec 3; 2024 (315), Sch 1\\[1\\] \\[2\\]; 2024 (577), Sch 1\\[4\\]; 2025 (300), Sch 1\\[1\\].","sortOrder":407},{"sectionNumber":"4A","sectionType":"section","heading":"Network operators","content":"#### 4A Network operators\n\n4A Network operators\n\n> A network operator, but only for the purposes of being a determining authority for development for the purposes of an electricity transmission or distribution network operated or to be operated by the network operator that is—\n> \n> > (a) permitted without consent by a public authority under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2, or\n> \n> > (b) permitted without consent under another environmental planning instrument.","sortOrder":412},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Planning certificates","content":"# Schedule 2 Planning certificates\n\nSchedule 2 Planning certificates\n\nsection 290\n\n**sch 2:** Am 2022 (40), Sch 1\\[50\\]–\\[54\\]; 2023 (547), Sch 1\\[5\\]; 2023 (602), Sch 1; 2024 (97), Sch 1\\[3\\]; 2025 (300), Sch 1\\[2\\]; 2025 (667), Sch 1.","sortOrder":418},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Designated development","content":"# Schedule 3 Designated development\n\nSchedule 3 Designated development\n\nsection 7\n\n**sch 3:** Am 2022 (40), Sch 1\\[23\\] \\[25\\] \\[55\\]–\\[59\\]; 2022 (142), Sch 1\\[12\\]; 2022 (333), sec 3(5); 2022 (656), sec 3(3); 2022 (702), Sch 1\\[19\\]–\\[21\\]; 2022 (753), sec 3(3); 2023 No 7, Sch 2.26\\[2\\]; 2023 (620), Sch 1\\[2\\]; 2025 (666), Sch 1.","sortOrder":444},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Fees","content":"# Schedule 4 Fees\n\nSchedule 4 Fees\n\nPart 13\n\n**sch 4:** Am 2022 (40), Sch 1\\[60\\] \\[61\\]; 2022 (142), Sch 1\\[13\\] \\[14\\]; 2022 (244), Sch 1\\[3\\] \\[4\\]; 2022 (752), Sch 1\\[3\\]; 2023 (277), sec 3; 2023 (512), Sch 1\\[8\\]–\\[15\\]; 2025 No 71, Sch 2\\[36\\] \\[37\\].","sortOrder":498},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 5 Penalty notice offences\n\nSchedule 5 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for an individual | Penalty for a corporation |\n| Offences under the Act |\n| Section 4.2(1)— |  |  |\n| (a) for development involving a class 1a or class 10 building | $1,500 | $3,000 |\n| (b) for development that, at the time of the alleged offence, is designated development or State significant development that is not a class 1a or class 10 building— |  |  |\n| (i) for a penalty notice served by a person referred to in this Schedule, section 2(1)(c) or (d) | $3,000 | $6,000 |\n| (ii) otherwise | $7,500 | $15,000 |\n| (c) for a contravention of State Environmental Planning Policy (Industry and Employment) 2021, section 3.26(2) | $1,500 | $3,000 |\n| (d) otherwise | $3,000 | $6,000 |\n| Section 4.3— |  |  |\n| (a) for a contravention of State Environmental Planning Policy (Industry and Employment) 2021, section 3.26(1) | $1,500 | $3,000 |\n| (b) otherwise | $3,000 | $6,000 |\n| Section 5.14 | $7,500 | $15,000 |\n| Section 6.3 |  |  |\n| (a) for a work or activity involving a class 1a or class 10 building | $1,500 | $3,000 |\n| (b) otherwise | $3,000 | $6,000 |\n| Section 6.5(5) | $3,000 | $6,000 |\n| Section 6.6(3) |  |  |\n| (a) for building work involving a class 1a or class 10 building | $1,500 | $3,000 |\n| (b) otherwise | $3,000 | $6,000 |\n| Section 6.12(3) | $1,500 | $3,000 |\n| Section 9.25(1) | $3,000 | $6,000 |\n| Section 9.37 for failure to comply with development control order, except an order referred to in the Act, Schedule 5, Part 1, item 6, 10, 12 or 13 | $3,000 | $6,000 |\n| Section 9.42(3) | $3,000 | $6,000 |\n| Section 10.4(11) | $1,500 | $3,000 |\n| Section 10.6(1) | $1,500 | $3,000 |\n| Offences under this Regulation |\n| Section 136(6) for non-compliance with this Regulation, section 136(1) or (2)(b) | $1,500 | $3,000 |\n| Section 136(6) for non-compliance with this Regulation, section 136(4) | $3,000 | $6,000 |\n| Section 137(4) | $1,500 | $3,000 |\n| Section 141(3)–(5) | $1,500 | $3,000 |\n\n**sch 5:** Am 2022 (40), Sch 1\\[62\\] \\[63\\]; 2022 (266), sec 3(2) (3); 2022 (789), Sch 1\\[7\\].","sortOrder":510},{"sectionNumber":"Schedule 5A","sectionType":"schedule","heading":"Members and procedures of design review panels","content":"# Schedule 5A Members and procedures of design review panels\n\nSchedule 5A Members and procedures of design review panels\n\nsection 288A\n\n**sch 5A:** Ins 2023 (662), Sch 1\\[16\\].","sortOrder":513},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 6 Savings, transitional and other provisions\n\nSchedule 6 Savings, transitional and other provisions\n\n**sch 6:** Am 2021 (759), Sch 8\\[11\\]; 2022 (142), Sch 1\\[15\\]–\\[17\\]; 2022 (530), Sch 1\\[6\\] (am 2022 (702), Sch 2.1\\[2\\]); 2022 (702), Sch 1\\[22\\]–\\[24\\]; 2023 (30), Sch 2\\[3\\]; 2023 (67), sec 3(2); 2023 (71), Sch 1.3\\[12\\]; 2023 (95), sec 4(3); 2023 (512), Sch 1\\[16\\]; 2023 (513), Sch 1\\[3\\]; 2023 (547), Sch 1\\[6\\]; 2024 (97), Sch 1\\[4\\]; 2024 (588), Sch 1\\[4\\]; 2024 (589), Sch 1\\[4\\]; 2025 (501), Sch 1\\[3\\]; 2025 No 71, Sch 2\\[40\\]; 2025 (705), Sch 1\\[1\\]–\\[3\\]; 2026 (72), Sch 1\\[4\\].","sortOrder":523},{"sectionNumber":"34A","sectionType":"section","heading":"Pending modification applications","content":"#### 34A Pending modification applications\n\n34A Pending modification applications\n\n> If an application to modify a development consent was lodged, but not finally determined, before the commencement of the following items of the amending Act, the application must be determined as if the items had not commenced—\n> \n> > (a) Schedule 1\\[96\\]–\\[98\\], \\[102\\] and \\[105\\]–\\[107\\],\n> \n> > (b) Schedule 2\\[9\\], \\[10\\], \\[15\\]–\\[17\\], \\[36\\] and \\[37\\].","sortOrder":573},{"sectionNumber":"34B","sectionType":"section","heading":"Reviews and appeals—general","content":"#### 34B Reviews and appeals—general\n\n34B Reviews and appeals—general\n\n> If a review or appeal has been lodged under the Act, Part 8, but not finally determined, before the commencement of the following items of the amending Act, the review or appeal must be determined as if the items had not commenced—\n> \n> > (a) Schedule 1\\[119\\], \\[123\\]–\\[125\\] and \\[129\\]–\\[133\\],\n> \n> > (b) Schedule 2\\[20\\].","sortOrder":574},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 7 Dictionary\n\nSchedule 7 Dictionary\n\nsection 3\n\naccredited practitioner (fire safety) means the holder of an accreditation under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063) that authorises the holder to exercise the functions of an accredited practitioner (fire safety) who is acting in relation to matters to which the accreditation relates.\n\nAffordable Housing Guidelines, for Part 4, Division 2, Subdivision 2—see section 80.\n\nalteration of a building, in relation to development, includes the enlargement or extension of the building.\n\nApartment Design Guide means the Apartment Design Guide published by the Department in July 2015.\n\napplication, for Part 13—see section 249.\n\napplication, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.\n\napproval body has the same meaning as in the Act, section 4.45.\n\napproved Code, for Part 8, Division 6—see section 197.\n\napproved form means a form approved by the Planning Secretary and published on the NSW planning portal.\n\nARTC, for Part 8, Division 6—see section 197.\n\nARTC Code, for Part 8, Division 6—see section 197.\n\nassessment period—see section 91.\n\nauthorised network operator means an authorised network operator under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005).\n\nBASIX building means a building that contains at least 1 dwelling, but does not include the following—\n\n> (a) hotel or motel accommodation,\n\n> (b) a boarding house, hostel or co-living housing that—\n> \n> > (i) accommodates more than 12 residents, or\n> \n> > (ii) has a gross floor area exceeding 300 square metres.\n\nBASIX certificate means a certificate issued by the Planning Secretary under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 71.\n\nBASIX development means the following development if it is not BASIX excluded development—\n\n> (a) development that involves the erection, but not the relocation, of a BASIX building,\n\n> (b) development that involves a change of building use by which a building becomes a BASIX building,\n\n> (c) development that involves the alteration of a BASIX building, if the estimated development cost is $50,000 or more,\n\n> (d) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—\n> \n> > (i) services 1 dwelling only, and\n> \n> > (ii) has a capacity, or combined capacity, of 40,000 litres or more.\n\nBASIX excluded development means the following development—\n\n> (a) development for the purposes of a garage, storeroom, carport, gazebo, verandah or awning,\n\n> (b) development that involves the alteration of a building listed on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136),\n\n> (c) development that involves the alteration of a building resulting in a space that cannot be fully enclosed, other than a space that can be fully enclosed but for a vent needed for the safe operation of a gas appliance,\n> \n> Example—\n> \n> A verandah that is open or enclosed by a screen, mesh or other material that permits the free and uncontrolled flow of air.\n\n> (d) development that involves the alteration of a building declared by the Planning Secretary, by order published in the Gazette, to be BASIX excluded development.\n\nBASIX optional development means the following development if it is not BASIX excluded development—\n\n> (a) development that involves the alteration of a BASIX building, if the estimated development cost is less than $50,000,\n\n> (b) development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—\n> \n> > (i) services 1 dwelling only, and\n> \n> > (ii) has a capacity, or combined capacity, of less than 40,000 litres.\n\nbiophysical strategic agricultural land has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.\n\nBuilding Code of Australia means the Building Code of Australia prescribed by section 4.\n\nbuilding information certificate means a building information certificate referred to in the Act, Division 6.7.\n\nbush fire attack level, for Part 14—see section 270.\n\nbush fire attack level–40 (BAL–40), for Part 14—see section 270.\n\nbush fire safety authority, for Part 14—see section 270.\n\nCategory 1 fire safety provision means the following provisions of the Building Code of Australia—\n\n> (a) Volume 1, E1P3, E1P4, E1P6, E2P1, E2P2 and E3P2,\n\n> (b) Volume 2, H3P2.\n\nclass, in relation to a building or part of a building, means—\n\n> (a) in a provision of this Regulation that imposes requirements in relation to a development consent—the class to which the building belongs, as identified by the development consent, or\n\n> (b) otherwise—the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia.\n\nClass 1 aquaculture development means development that is categorised as Class 1 under [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Part 2.5.\n\nco-owner of a lot, for Part 10—see section 223.\n\nconcept component of a staged application, for Part 13—see section 249.\n\nconcurrence authority means a person whose concurrence under 1 or more of the following is required by a consent authority before granting development consent—\n\n> (a) the Act,\n\n> (b) an environmental planning instrument,\n\n> (c) the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), Part 7.\n\nConsumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.\n\ncontaminated land, for Part 10—see section 223.\n\ncontributions plan means a contributions plan referred to in the Act, section 7.18.\n\ncouncil-related development application has the same meaning as in the Act, Schedule 1, clause 9B.\n\ncritical industry cluster land has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.\n\nCrown development means development carried out by or on behalf of the Crown.\n\nDark Sky Planning Guideline means the Dark Sky Planning Guideline prepared by the Planning Secretary from time to time and published on the Department’s website.\n\ndeemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.\n\ndesign principles for residential apartment development has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n\ndesign review panel means a panel constituted by the Minister under section 288A.\n\ndetermining authority has the same meaning as in the Act, Division 5.1.\n\ndevelopment contribution, for Part 9—see section 202.\n\ndevelopment contribution condition, for Part 9—see section 202.\n\ndevelopment levy, for Part 9—see section 202.\n\ndevelopment levy condition, for Part 9—see section 202.\n\ndwelling—\n\n> (a) in relation to a BASIX building—means a room or suite of rooms occupied or used, or constructed or adapted to be capable of being occupied or used, as a separate domicile, or\n\n> (b) otherwise—has the same meaning as in the Standard Instrument.\n\nelectricity transmission or distribution network has the same meaning as in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 5.\n\nembodied emissions, attributable to development, has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).\n\nentertainment venue means a building used as a cinema, theatre or concert hall or an indoor sports stadium.\n\nenvironmental assessment requirements, for Part 8—see section 168.\n\nenvironmental factors, for Part 8—see section 168.\n\nenvironmental factors guidelines, for Part 8—see section 168.\n\nenvironmental impact statement means an environmental impact statement referred to in the Act, section 4.12, 5.7 or 5.16.\n\nestimated development cost—see section 6.\n\nfire alarm communication link means the part of a fire alarm system that transmits a fire alarm signal from the system to an alarm monitoring network.\n\nfire alarm communication link works means the installation or conversion of a fire alarm communication link to connect with the fire alarm monitoring network of a private service provider, but does not include works associated with the alteration or change of use of an existing building.\n\nfire protection and structural capacity of a building means—\n\n> (a) the structural strength and load-bearing capacity of the building, and\n\n> (b) the measures to protect persons using the building, and to facilitate their safe egress from the building, if there is a fire, and\n\n> (c) the measures to restrict the spread of fire from the building to other buildings nearby.\n\nfire safety requirement has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n\nflame zone (BAL–FZ), for Part 14—see section 270.\n\ngateway certificate means a gateway certificate issued under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.\n\nGST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n\nhydraulic fire safety system has the same meaning as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n\ninfrastructure, for Part 8, Division 5—see section 189.\n\nLand and Housing Corporation, for Part 4, Division 2, Subdivision 2—see section 80.\n\nlarge commercial development has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).\n\nlodged—\n\n> (a) for a development application—see section 24, and\n\n> (b) for a modification application—see section 99, and\n\n> (c) for an application for review—see section 244.\n\nmanor house has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n\nmining or petroleum development has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.\n\nminor subdivision, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.\n\nmodification application means an application for modification of a development consent under the Act, section 4.55 or 4.56.\n\nmodification request, for State significant infrastructure, means a request under the Act, section 5.25 for the modification of the Minister’s approval of State significant infrastructure.\n\nmoored vessel, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.\n\nmulti dwelling housing (terraces) has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n\nNABERS means the National Australian Built Environment Rating System.\n\nnetwork operator means an entity granted—\n\n> (a) a distributor’s licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), section 14, or\n\n> (b) a transmission operator’s licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), section 93A.\n\nnominated integrated development has the same meaning as in the Act, Schedule 1, clause 7.\n\nperformance requirement has the same meaning as in the Building Code of Australia.\n\nperformance solution has the same meaning as in the Building Code of Australia.\n\nplanning agreement has the same meaning as in the Act, Division 7.1.\n\nPlanning for Bush Fire Protection means the document prescribed by section 271.\n\nplanning reform services, for Part 13—see section 249.\n\npost-subdivision bush fire attack level certificate, for Part 14—see section 270.\n\nprescribed serviced apartments has the same meaning as in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521).\n\nprincipal certifier has the same meaning as in the Act, Part 6.\n\nprivate service provider means a person or body that has entered into an agreement with Fire and Rescue NSW to monitor fire alarm systems.\n\nproprietor, in relation to a registered non-government school, has the same meaning as in the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n\npublic notification development means—\n\n> (a) State significant development set out in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, section 5 or 6, excluding development carried out on land in a state conservation area reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n\n> (b) State significant development on land with multiple owners designated by the Planning Secretary for the purposes of section 23 or 98 by written notice to the applicant for the State significant development.\n\nqualified designer means a person registered as an architect under the [Architects Act 2003](/view/html/inforce/current/act-2003-089).\n\nrail infrastructure facilities has the same meaning as in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 15.\n\nrecognised consultant, for Part 14—see section 270.\n\nregistered body corporate has the same meaning as in the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063).\n\nregistered community housing provider, for Part 4, Division 2, Subdivision 2—see section 80.\n\nregistered non-government school means a registered non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), other than a school to which a current certificate of exemption applies under that Act.\n\nRegistrar of Community Housing, for Part 4, Division 2, Subdivision 2—see section 80.\n\nrelevant abbreviations for materials means the codes specified in the Table to section 5.\n\nrelevant authority, for Part 10—see section 223.\n\nrelevant BASIX certificate, in relation to development, means—\n\n> (a) a BASIX certificate that applies to the development when development consent is granted or modified, or\n\n> (b) if a replacement BASIX certificate accompanies a subsequent application for a construction certificate—the replacement BASIX certificate that applies to the development when the construction certificate is issued or modified.\n\nrelevant day, for Part 7—see section 162.\n\nremediation, for Part 10—see section 223.\n\nresidential apartment development has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n\nresidential building work has the same meaning as in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n\nresponsible person, for Part 8—see section 168.\n\nroads authority has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n\nSiding Spring Observatory means the land owned by the Australian National University at Siding Spring and the buildings and equipment on the land.\n\nsite verification certificate means a site verification certificate issued under [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Part 2.4.\n\nstaged infrastructure application, for Part 13—see section 249.\n\nStandard Instrument means the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nState Significant Development Guidelines means the State Significant Development Guidelines prepared by the Planning Secretary as in force from time to time and published on the Department’s website.\n\nState Significant Infrastructure Guidelines means the State Significant Infrastructure Guidelines prepared by the Planning Secretary as in force from time to time and published on the Department’s website.\n\nStrategic Agricultural Land Map has the same meaning as in [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2.\n\ntemporary building means—\n\n> (a) a temporary structure, or\n\n> (b) a building specified as a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.\n\ntemporary housing has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 14.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nthreatened species development means development to which the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 7.7(2) or the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), section 221ZW applies.\n\nurban release area, for Part 14—see section 270.\n\nvessel, for Schedule 4, Part 5—see Schedule 4, Part 5, section 2.\n\n**sch 7:** Am 2022 (40), Sch 1\\[64\\]–\\[70\\]; 2022 (520), Sch 2\\[6\\] (am 2023 (531), Sch 1\\[17\\] \\[18\\]); 2022 (530), Sch 1\\[7\\]; 2022 (579), Sch 1\\[4\\]; 2023 (71), Sch 1.3\\[10\\] \\[11\\]; 2023 (512), Sch 1\\[17\\]–\\[19\\]; 2023 (531), Sch 2\\[3\\]; 2023 (662), Sch 1\\[17\\]; 2024 (631), Sch 1\\[4\\]; 2025 (300), Sch 1\\[3\\]; 2025 No 71, Sch 2\\[41\\].","sortOrder":584},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":null,"content":"# Schedule 8\n\nSchedules 8–10 (Repealed)\n\n**sch 8:** Am 2022 (40), Sch 1\\[71\\] \\[72\\]. Rep 2022 (702), Sch 1\\[25\\].\n\n**sch 9:** Rep 2022 (40), Sch 1\\[73\\].\n\n**sch 10:** Rep 2022 (702), Sch 1\\[25\\].","sortOrder":585}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose of providing detailed procedural rules for environmental planning, development assessment, and related processes, without significant expansion beyond the framework established in the replaced 2000 Regulation."},"complexity_factors":["Extensive cross-references to the Environmental Planning and Assessment Act 1979, multiple SEPPs, the Building Code of Australia, and other regulations","Numerous defined terms (e.g. BASIX development, estimated development cost) and conditional requirements across 15 Parts and Schedules","Nested procedures for applications, amendments, notifications, reviews, and enforcement with many exceptions and special cases (e.g. for residential apartments or mining)","Detailed tables, forms, and schedules (e.g. for fees, designated development, and abbreviations)"],"plain_english_summary":"**What it does**\n\nThis regulation sets out the practical rules for planning and approving development in New South Wales. It details how to apply for permission to build, subdivide land, or change how land is used; what information must be provided (such as environmental assessments or BASIX certificates for energy and water efficiency); how authorities like councils or the Planning Secretary must consider applications; and the steps for modifications, certifications, and enforcement. It covers everything from local environmental plans and development control plans to fees, public notification, and specific rules for things like sustainable buildings, affordable housing, biodiversity protection, and fire safety. The aim is to ensure development is assessed consistently, balances growth with environmental protection, and involves community input where required.\n\n**Who it affects**\n\nIt affects developers, homeowners, builders, and businesses seeking approvals; local councils and state agencies that assess and decide on applications; certifiers who issue certificates; and the wider public whose neighbourhoods or environments may be impacted. It also guides how Aboriginal land councils, concurrence bodies (like for heritage or roads), and the NSW Rural Fire Service get involved.\n\n**Why it matters**\n\nThe rules help prevent poorly planned development that could harm the environment, increase bushfire risks, or strain infrastructure. They promote sustainable practices (like reducing emissions or providing affordable homes) and ensure decisions are transparent and appealable. Without them, development could be chaotic, leading to disputes, environmental damage, or unsafe buildings."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has evolved significantly from its original December 2021 form. The sheer volume of amendments — more than 60 versions in under five years — indicates substantial expansion and refinement of scope. Notably, pending amendments include the abolition of Sydney district and regional planning panels, which would represent a major structural change to how significant development applications are assessed. Related Bills dealing with places of public worship and renewable energy infrastructure also signal ongoing broadening of the regulatory environment beyond its original intent."},"complexity_factors":["Regulation sits beneath and must be read alongside the parent Environmental Planning and Assessment Act 1979, which is itself highly complex","Extremely high amendment frequency — over 60 distinct versions between December 2021 and March 2026, meaning the operative rules change constantly","Covers a very broad range of subject matter: development applications, environmental impact assessment, building certificates, planning panels, fees, public participation, and more","Interacts with numerous other pieces of legislation including local environmental plans, state environmental planning policies, and related Acts","Pending uncommenced amendments create uncertainty about future obligations (e.g. abolition of Sydney district and regional planning panels)","Applies differently depending on development type, scale, location, and which authority is the consent authority (decision-maker), creating multiple parallel pathways","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a layer of temporal complexity for practitioners","Cross-references to related Bills still before parliament add further uncertainty about future scope","Different rules apply to different categories of development (exempt, complying, local, State significant), requiring users to correctly identify which pathway applies to them"],"plain_english_summary":"## What is this?\n\nThe **Environmental Planning and Assessment Regulation 2021** is a NSW Government regulation (a detailed set of rules made under a broader law called the *Environmental Planning and Assessment Act 1979*) that sets out the **nuts and bolts of how planning and development approvals work in New South Wales**.\n\n## Who does it affect?\n\nPractically anyone involved in building, developing, or changing land use in NSW, including:\n- **Homeowners** renovating or extending their property\n- **Developers and builders** seeking development approval (permission to build or develop)\n- **Local councils** assessing development applications\n- **State government agencies** involved in major infrastructure\n- **Community members** who want to have a say on developments near them\n\n## What does it actually do?\n\nThis regulation provides the detailed procedural rules that make the NSW planning system work in practice. It covers things like:\n- **How to apply** for development approval — what forms to fill in, what documents to include\n- **Timeframes** — how long councils and other authorities have to make decisions\n- **Public notification** — when and how the community must be told about proposed developments\n- **Fees** — what applicants must pay\n- **Building certificates and inspections** — the paperwork required before and after construction\n- **Environmental impact assessments** — the studies required for larger or more complex developments\n- **Planning panels** — how expert panels review significant development applications\n\n## Why does it matter to you?\n\nIf you want to build anything — from a backyard shed to a major apartment complex — this regulation shapes almost every step of the process. It determines how long you'll wait, what you'll need to submit, how much you'll pay, and how your neighbours can object.\n\n## Important note\n\nThis regulation is **due to be automatically repealed (cancelled) on 1 September 2027** under NSW's system of reviewing regulations regularly. It has also been amended **frequently** — over 60 times since it commenced in December 2021 — meaning the rules have been in a state of regular change. Some further amendments are still pending commencement."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"This 2021 regulation replaced the 2000 regulation but has been substantially amended over 30 times, expanding its scope significantly. Originally a procedural rule, it now includes detailed sustainability requirements (BASIX, embodied emissions, net zero statements), design review panels, pattern book development, transport-oriented development precincts, and extensive fee structures for State significant development. The scope has grown from basic application procedures to cover complex environmental assessment, infrastructure contributions, and compliance enforcement, far exceeding the original regulatory intent."},"complexity_factors":["Over 300 sections across 15 Parts, plus 7 Schedules","Extensive cross-referencing to the Environmental Planning and Assessment Act 1979 and other legislation","Nested exceptions and qualifications within conditions of consent (e.g., sections 69, 146)","Numerous defined terms in Schedule 7 (over 100 entries)","Multiple fee structures with sliding scales based on estimated development cost (Schedule 4)","Conditional logic for designated development (Schedule 3) with complex distance measurements and thresholds","Separate regimes for State significant development, infrastructure, and complying development","Transitional provisions in Schedule 6 that preserve old rules for pending applications"],"plain_english_summary":"This regulation sets out the detailed rules for how development is assessed and approved in New South Wales. It covers the entire process from planning proposals and local environmental plans through to development applications, complying development, modifications, and infrastructure approvals. It specifies what information must be included in applications, how consent authorities must assess them, what conditions can be imposed, and what fees are payable. It also deals with environmental impact statements, infrastructure contributions, planning agreements, bush fire protection, and enforcement. The regulation affects anyone wanting to build, subdivide, or change land use, as well as councils, certifiers, and government agencies involved in the planning system. It matters because it controls how development happens across NSW, balancing private development rights with environmental and community considerations."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-planning-and-assessment-regulation-2021","history":"/api/acts/environmental-planning-and-assessment-regulation-2021/history","analysis":"/api/acts/environmental-planning-and-assessment-regulation-2021/analysis","conflicts":"/api/acts/environmental-planning-and-assessment-regulation-2021/conflicts","importantCases":"/api/acts/environmental-planning-and-assessment-regulation-2021/important-cases","documents":"/api/acts/environmental-planning-and-assessment-regulation-2021/documents"}}