What it does
The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes the overarching legal framework for land-use planning, environmental assessment, development control, building regulation, and infrastructure funding in New South Wales. At its core, the Act pursues the objects set out in s 1.3 (as inserted by 2017 No 60, Sch 1.1 and amended by 2025 No 71, Sch 1[1]): promoting social and economic welfare alongside a better environment through proper management, development, and conservation of the State's natural and other resources (s 1.3(a)); supplying and maintaining housing including affordable housing (s 1.3(b)); enhancing productivity (s 1.3(c)); protecting the environment and conserving threatened species, populations, ecological communities, and habitats (s 1.3(d)); building resilience to climate change and natural disasters (s 1.3(e)); sustainably managing built and cultural heritage including Aboriginal cultural heritage (s 1.3(f)); promoting good design, amenity, construction standards, and occupant health/safety (s 1.3(g)); providing opportunities for public participation (s 1.3(h)); integrating economic, environmental, and social considerations via ecologically sustainable development (ESD) (s 1.3(i), cross-referencing the definition in s 6(2) of the Protection of the Environment Administration Act 1991); adopting a proportionate, risk-based approach (s 1.3(j)); and ensuring orderly and economic use of land (s 1.3(k)).
The Act operates through a hierarchy of instruments and processes. Part 3 divides planning instruments into strategic plans (regional and district strategic plans under Div 3.1, plus local strategic planning statements under s 3.9), environmental planning instruments (State environmental planning policies (SEPPs) and local environmental plans (LEPs) under Divs 3.3–3.4), and development control plans (DCPs under Div 3.6). A standard instrument for LEPs is prescribed under s 3.20, promoting consistency (s 3.20(1)–(4)). Development is broadly defined in s 1.5(1) as use of land, subdivision, erection of a building, carrying out of a work, demolition, or any other act controllable by an EPI (s 1.5(1)(f)). Exempt development (s 1.6) and complying development (s 4.2(5)) bypass full assessment; other development requires consent under Part 4.
