171Review of environmental factors—the Act, s 5.10(a)

#### 171 Review of environmental factors—the Act, s 5.10(a) 171 Review of environmental factors—the Act, s 5.10(a) > > (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. > > > (2) If there are no environmental factors guidelines in force, the determining authority must take into account the following environmental factors— > > > > > (a) the environmental impact on the community, > > > > > (b) the transformation of the locality, > > > > > (c) the environmental impact on the ecosystems of the locality, > > > > > (d) reduction of the aesthetic, recreational, scientific or other environmental quality or value of the locality, > > > > > (e) the effects on any locality, place or building that has— > > > > > > > (i) aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance, or > > > > > > > (ii) other special value for present or future generations, > > > > > (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), > > > > > (g) the endangering of a species of animal, plant or other form of life, whether living on land, in water or in the air, > > > > > (h) long-term effects on the environment, > > > > > (i) degradation of the quality of the environment, > > > > > (j) risk to the safety of the environment, > > > > > (k) reduction in the range of beneficial uses of the environment, > > > > > (l) pollution of the environment, > > > > > (m) environmental problems associated with the disposal of waste, > > > > > (n) increased demands on natural or other resources that are, or are likely to become, in short supply, > > > > > (o) the cumulative environmental effect with other existing or likely future activities, > > > > > (p) the impact on coastal processes and coastal hazards, including those under projected climate change conditions, > > > > > (q) applicable local strategic planning statements, regional strategic plans or district strategic plans made under the Act, Division 3.1, > > > > > (r) other relevant environmental factors. > > > (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. > > > (4) The review of environmental factors must be published on the determining authority’s website or the NSW planning portal if— > > > > > (a) the activity has an estimated development cost of more than $5 million, or > > > > > (b) the activity requires an approval or permit as referred to in any of the following provisions before it may be carried out— > > > > > > > (i) [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), sections 144, 200, 205 or 219, > > > > > > > (ii) [Heritage Act 1977](/view/html/inforce/current/act-1977-136), section 57, > > > > > > > (iii) [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), section 90, > > > > > > > (iv) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), sections 47–49 or 122, or > > > > > (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 > > > > > (c) the determining authority considers that it is in the public interest to publish the review. > > > (5) The review must be published under subsection (4)— > > > > > (a) before the activity commences, or > > > > > (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. > > > (6) Subsection (4) does not apply in relation to a review of an activity— > > > > > (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 > > > > > (b) to which an approved code under Division 6 applies. > > > (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. > > > (8) Subsection (4) applies on and from 1 July 2022. > > **s 171:** Am 2022 (40), Sch 1\[38\]; 2022 (702), Sch 1\[17\]; 2023 (512), Sch 1\[2\]; 2024 (577), Sch 1\[1\].