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- Part 1 Preliminary
- 1 Name of Act
- 2 Commencement
- 3
- 4 Definitions
- 4A
- 4B Subdivision of land
- 5 Objects
- 5A Significant effect on threatened species, populations or
ecological communities, or their habitats
- 5B Planning authorities to have regard to register of
critical habitat
- 5C Application of Act with respect to threatened species
conservation—fish and marine vegetation
- 5D Application of Act to vulnerable ecological
communities
- 6 Act to bind Crown
- Part 2 Administration
- Division 1 The Minister
- 7 Responsibility of Minister
- 8 Minister to be corporation sole for certain
purposes
- 9 Power to acquire land etc
- 10 Application of Public
Works Act 1912
- 11 Functions of corporation
- 12 Notification of interests
- Division 2 The Director-General
- 13 Director-General of Department of Infrastructure, Planning
and Natural Resources
- 14
- 15 Functions of the Director-General
- Division 3 The Department
- 16
- 17 Use of services of public authorities
- Division 4
- Division 5 Committees
- 19–21
- 22 Establishment of other committees
- Division 6 Delegation
- 23 Delegation
- Part 2A Other planning bodies
- Division 1 Preliminary
- 23A Definitions
- Division 2 Planning Assessment Commission
- 23B Planning Assessment Commission
- 23C Chairperson of Commission
- 23D Functions of Commission
- 23E Reviews by, and procedures of, Commission
- 23F No appeals against decisions by Commission after public
hearings
- Division 3 Joint regional planning panels
- 23G Joint regional planning panels
- 23H Regulations
- Division 4 Independent hearing and assessment
panels
- 23I Independent hearing and assessment panels
- 23J Regulations
- Division 6 Matters relating to councils and council
functions
- 23M Obligation to consult with council about certain
decisions
- 23N Obligations of councils to assist Commission, regional
panels and planning arbitrators
- 23O Recovery of certain costs
- Part 3 Environmental planning instruments
- Division 1 General
- 24 Making of environmental planning instruments
- 25
- 26 Contents of environmental planning instruments
- 27 Owner-initiated acquisition of land reserved for public
purposes
- 28 Suspension of laws etc by environmental planning
instruments
- 29 Designated development: declaration by environmental
planning instruments
- 29A Advertised development
- 30 Consents and concurrences
- 31 Prohibitions
- 32, 33
- 33A Standardisation of environmental planning
instruments
- 33B Staged repeal and review of environmental planning
instruments
- 33C Public access to environmental planning instruments and
related documents
- 34 Environmental planning instruments—making, operation
and inspection
- 34A Special consultation procedures concerning threatened
species
- 34B Special provision for development in Sydney water
catchment relating to water quality
- 35 Validity of instruments
- 36 Inconsistency between instruments
- Division 2 SEPPs
- 37 Governor may make environmental planning instruments
(SEPPs)
- 38 Consultation requirements
- 39
- Division 3
- Division 4 LEPs
- 53 Minister (or delegate) may make environmental planning
instrument for local areas (LEPs)
- 54 Relevant planning authority
- 55 Relevant planning authority to prepare explanation of and
justification for proposed instrument—the planning proposal
- 56 Gateway determination
- 57 Community consultation
- 58 Relevant planning authority may vary proposals or not
proceed
- 59 Making of local environmental plan by Minister
- 60 Regulations
- 61–72
- Division 4A
- Division 4B Instrument amendments and development
applications
- 72I Application of Division
- 72J Making and consideration of certain development
applications
- 72K Joint exhibition of instrument and advertising of
application
- 72L
- Division 5 Review and amendment of environmental planning
instruments
- 73 Review of environmental planning instruments
- 73A Expedited amendments of environmental planning
instruments
- 74 Amendment of environmental planning instruments
- 74A Application of Division
- Division 6 Development control plans
- 74B Definition (DCPs)
- 74C Preparation of development control plans
- 74D Development control plans required or authorised by
environmental planning instruments
- 74E Miscellaneous provisions relating to development control
plans
- 74F Minister may direct councils with respect to development
control plans
- Part 3A Major infrastructure and other projects
- Division 1 Preliminary
- 75A Definitions
- 75B Projects to which Part applies
- 75C Critical infrastructure projects
- Division 2 Environmental assessment and approval of
projects
- 75D Minister’s approval required for
projects
- 75E Application for approval of project
- 75F Environmental assessment requirements for
approval
- 75G
- 75H Environmental assessment and public
consultation
- 75I Director-General’s environmental assessment
report
- 75J Giving of approval by Minister to carry out
project
- 75JA Biobanking—special provisions
- 75K Appeals by proponent
- 75L Appeals by an objector
- Division 3 Concept plans for certain projects
- 75M Application for approval of concept plan for
project
- 75N Environmental assessment, public consultation and
Director-General’s report for concept plan
- 75O Giving of approval for concept plan
- 75P Determinations with respect to project for which concept
plan approved
- 75Q Appeal by proponent
- Division 4 Application of other provisions of this and other
Acts
- 75R Application of other provisions of Act
- 75S Erection and occupation of buildings and subdivision of
land
- 75T Third-party appeals—critical infrastructure
projects
- 75U Approvals etc legislation that does not apply
- 75V Approvals etc legislation that must be applied
consistently
- Division 5 Miscellaneous
- 75W Modification of Minister’s approval
- 75X Miscellaneous provisions relating to approvals under this
Part
- 75Y Lapsing of approvals
- 75YA Surrender of approvals and consents
- 75Z Regulations for purposes of Part
- 75ZA Savings, transitional and other provisions
- Part 4 Development assessment
- Note.
- Division 1 Carrying out of development—the threefold
classification
- 76 Development that does not need consent
- 76A Development that needs consent
- 76B Development that is prohibited
- 76C Relationship of this Division to this Act
- Division 2 The procedures for development that needs
consent
- 77 Application of Division
- 77A Designated development
- 78 The development consent process—the main
steps
- 78A Application
- 79 Public participation—designated
development
- 79A Public participation—advertised development and
other notifiable development
- 79B Consultation and concurrence
- 79BA Consultation and development consent—certain bush
fire prone land
- 79C Evaluation
- 80 Determination
- 80A Imposition of conditions
- 81 Post-determination notification
- 81A Effects of development consents and commencement of
development
- 82 Circumstances in which consent is taken to have been
refused
- 82A Review of determination
- 83 Date from which consent operates
- Division 2A Special procedures concerning staged development
applications
- 83A Application of this Division
- 83B Staged development applications
- 83C Staged development applications as alternative to dcp
required by environmental planning instruments
- 83D Status of staged development applications and
consents
- Division 3 Special procedure for complying
development
- 84 Application of this Division
- 84A Carrying out of complying development
- 84B
- 85 What is a “complying development
certificate”?
- 85A Process for obtaining complying development
certificates
- 86 Commencement of complying development
- 86A Duration of complying development certificate
- 87 Modification of complying development
- Division 4 Crown developments
- 88 Definitions
- 89 Determination of Crown development applications
- 89A Directions by Minister
- 89B Modification of Crown development consents
- Division 5 Special procedure for integrated
development
- 90 Application of this Division
- 90A Definitions
- 91 What is “integrated development”?
- 91A Development that is integrated development
- 92 Consent authority may not refuse certain development
applications
- 92A Effect of giving notice
- 93 Granting and modification of approval by approval
body
- 93A Effect of approval if the approval body is also a
concurrence authority
- 93B Rights of appeal
- Division 6 Development contributions
- Subdivision 1 Preliminary
- 93C Definitions
- 93D Relationship to planning instruments
- 93E Provisions relating to money etc contributed under this
Division (other than Subdivision 4)
- Subdivision 2 Planning agreements
- 93F Planning agreements
- 93G Information about planning agreements
- 93H Registered planning agreements to run with
land
- 93I Circumstances in which planning agreements can or cannot
be required to be made
- 93J Jurisdiction of Court with respect to planning
agreements
- 93K Determinations or directions by Minister
- 93L Regulations—planning agreements
- Subdivision 3 Local infrastructure contributions
- 94 Contribution towards provision or improvement of amenities
or services
- 94A Fixed development consent levies
- 94B Section 94 or 94A conditions subject to contributions
plan
- 94C Cross-boundary issues
- 94CA Public service or public amenity may be provided outside
NSW
- 94D Section 94 or 94A conditions imposed by Minister or
Director-General in growth centres etc
- 94E Directions by Minister
- 94EA Contributions plans—making
- 94EAA Contributions plans—making, amendment or repeal
by Minister
- 94EB Contributions plans—judicial notice, validity
etc
- 94EC Contributions plans—complying
development
- Subdivision 4 Special infrastructure contributions
- 94ED Provision of infrastructure
- 94EE Minister to determine development
contributions
- 94EF Special infrastructure contributions
- 94EG Minister may make, amend or repeal special contributions
areas
- 94EH Land contributed under this Subdivision
- Subdivision 5 Establishment of Special Contributions Areas
Infrastructure Fund
- 94EI Definition
- 94EJ Establishment of Fund
- 94EK Payments into Fund
- 94EL Payments out of Fund
- 94EM Investment of money in Fund
- Division 6A Conditions requiring land or contributions for
affordable housing
- 94F Conditions requiring land or contributions for affordable
housing
- 94G Provision of affordable housing
- Division 7 Post-consent provisions
- 95 Lapsing of consent
- 95A Extension of lapsing period for 1 year
- 95B
- 96 Modification of consents—generally
- 96AA Modification by consent authorities of consents granted
by the Court
- 96A Revocation or modification of development
consent
- Division 8 Appeals and related matters
- 97 Appeal by an applicant—development
applications
- 97B Costs payable if amended development application
filed
- 98 Appeal by an objector
- 98A Appeal concerning security
- 99 Joint hearing of certain appeals
- Division 9 Miscellaneous
- 100 Register of consents and certificates
- 101 Validity of development consents and complying
development certificates
- 102 Non-compliance with certain provisions regarding State
significant development
- 103 Revocation or regrant of development consents after order
of Court
- 104 Appeals and other provisions relating to development
consents after order of Court
- 104A Voluntary surrender of development consent
- 105 Regulations—Part 4
- 105A Transitional—amendment to list of vulnerable
species
- Division 10 Existing uses
- 106 Definition of “existing use”
- 107 Continuance of and limitations on existing use
- 108 Regulations respecting existing use
- 109 Continuance of and limitations on other lawful
uses
- 109A Uses unlawfully commenced
- 109B Saving of effect of existing consents
- Part 4A Certification of development
- Division 1 Certification of work and other matters
- 109C Part 4A certificates
- 109D Certifying authorities
- 109E Principal certifying authorities
- 109EA Replacement of principal certifying
authorities
- 109F Restriction on issue of construction
certificates
- 109G Restriction on issue of compliance
certificates
- 109H Restrictions on issue of occupation
certificates
- 109I Effect of occupation certificate on earlier occupation
certificates
- 109J Restriction on issue of subdivision
certificates
- 109K Appeals against failure or refusal to issue Part 4A
certificates
- 109L Accredited certifiers may issue notices requiring work
to be carried out
- 109M Occupation and use of new building requires occupation
certificate
- 109N Change of building use of existing building requires
occupation certificate
- 109O Certifying authorities may be satisfied as to certain
matters
- 109P Satisfaction as to compliance with conditions precedent
to the issue of certificates
- 109Q Regulations under Part 4A
- Division 2 Crown building work and other Crown
development
- 109R Building, demolition and incidental work
- 109S
- Part 4B
- Part 4C Liability and insurance
- Division 1 Preliminary
- 109ZI Definitions
- Division 2 Liability
- 109ZJ
- 109ZK Limitation on time when building action or subdivision
action may be brought
- 109ZL Division not to affect rights to recover damages for
death or personal injury
- Division 3
- Part 5 Environmental assessment
- Division 1 Preliminary
- 110 Definitions
- 110A Nomination of nominated determining authority
- 110B Determining authorities taken to be proponents of
activities
- 110C Determining authorities to have regard to register of
critical habitat
- 110D Transitional—amendment of list of vulnerable
species
- 110E Exemptions for certain activities
- Division 2 Duty of determining authorities to consider
environmental impact of activities
- 111 Duty to consider environmental impact
- 111A
- Division 3 Activities for which EIS required
- 112 Decision of determining authority in relation to certain
activities
- 112A Determining authorities to have regard to recovery plans
and threat abatement plans
- 112B Consultation with Minister for the Environment if
Minister is determining authority
- 112C Concurrence of or consultation with Director-General of
National Parks and Wildlife if Minister is not determining
authority
- 112D Matters to be considered by Director-General of National
Parks and Wildlife as concurrence authority
- 112E Matters to be considered by Minister or Director-General
of National Parks and Wildlife when consulted
- 113 Publicity and examination of environmental impact
statements
- 114 Consideration of findings and recommendations of Planning
Assessment Commission
- 115 Regulations
- Division 4
- Division 5 Environmental assessment of fishing
activities
- 115G Definitions
- 115H Principles guiding administration of Division
- 115I Application of Division to designated fishing
activities
- 115J Designated fishing activities to be assessed under this
Division
- 115K Environmental impact statements to be
prepared
- 115L Publicity and examination of environmental impact
statements
- 115M Reviews about designated fishing activity
- 115N Special provisions relating to threatened species
conservation
- 115O Determination with respect to environmental
assessment
- 115P Approval of Minister administering this Act required for
designated fishing activity where Fisheries Minister is or is declared to be
proponent
- 115Q Re-assessment of designated fishing activity
- 115R Application of other provisions of this Act
- 115RA Shark meshing
- 115S Transitional—amendment to list of vulnerable
species
- Part 5A
- 116A–116F
- 116G, 116GA
- 116H
- Part 6 Implementation and enforcement
- Division 1 General
- 116
- 117 Directions by the Minister
- 117A Inquiry into councils by Director-General of Department
of Local Government
- 117B Action that may be taken against council following
investigation
- Division 1AA Planning administrators and panels
- 117C Definitions
- 118 Appointment of planning administrator, planning
assessment panel or regional panel
- 118AA Planning assessment panels
- 118AB Functions of planning administrators or
panels
- 118AC Costs of planning administrator or planning assessment
panel
- 118AD Council to assist planning administrator or
panel
- 118AE Annual report on activities of planning administrators
and planning assessment panels
- 118AF Regulations
- 118AG Protection for exercise of certain functions by
Minister
- Division 1A Local enforcement powers
- 118A Power of entry
- 118B Inspections and investigations
- 118BA Power of authorised persons to require answers and
record evidence
- 118C Notice of entry
- 118D Use of force
- 118E Notification of use of force or urgent entry
- 118F Care to be taken
- 118G Recovery of cost of entry and inspection
- 118H Compensation
- 118I Authority to enter premises
- 118J In what circumstances can entry be made to a
residence?
- 118K Search warrants
- 118L Special provision with respect to fire
brigades
- 118M Councils to carry out fire-safety inspections on request
of Commissioner of NSW Fire Brigades
- 118N Obstruction of authorised persons
- Division 1B
- Division 2 Settlement of disputes
- 119–120A
- 121 Settlement of disputes
- Division 2A Orders
- 121A Definitions
- 121B Orders that may be given by consent authority or by
Minister etc
- 121C Giving orders to public authorities
- 121D Circumstances in which compliance with sections
121F–121K is required
- 121E Effect of compliance with sections
121F–121K
- 121F Criteria to be considered before order is
given
- 121G Orders that make or are likely to make residents
homeless
- 121H Notice to be given of proposed order
- 121I Making of representations
- 121J Hearing and consideration of representations
- 121K Procedure after hearing and consideration of
representations
- 121L Reasons for orders to be given
- 121M Period for compliance with order
- 121N Notice of right to appeal against order
- 121O Development consent or approval not required to comply
with order
- 121P Order may specify standards and work that will satisfy
those standards
- 121Q Compliance with order under sec 121P
- 121R Consent authority’s response to submission of
particulars of work by owner
- 121S Orders affecting heritage items
- 121T Combined orders
- 121U Giving and taking effect of orders
- 121V Orders may be given to two or more persons
jointly
- 121W Notice in respect of land or building owned or occupied
by more than one person
- 121X Notice of giving of order No 16
- 121Y Effect of order on successors in title
- 121Z Compliance with orders by occupiers or
managers
- 121ZA Occupier of land may be required to permit owner to
carry out work
- 121ZB Notice of fire safety orders to be given to
Commissioner of NSW Fire Brigades
- 121ZC Powers of fire brigades
- 121ZD Inspection reports by fire brigades
- 121ZE Details of orders and notices to be given to
councils
- 121ZF Modification of orders
- 121ZG Revocation of orders
- 121ZH Minister may revoke or modify a council’s
order
- 121ZI Limitation on Minister’s orders
- 121ZJ Failure to comply with order—carrying out of work
by consent authority
- 121ZK Appeals concerning orders
- 121ZL Awarding of compensation concerning orders
- 121ZM Appeals concerning particulars of work submitted to
person who gave order
- 121ZN Effect of appeal on order
- 121ZO Court’s powers not limited by this
Division
- 121ZP Certificate as to orders
- 121ZQ Continuing effect of orders
- 121ZR Special provisions relating to brothel closure
orders
- 121ZS Enforcement of brothel closure orders by cessation of
utilities
- Division 2B Monitoring and environmental
audits—approved projects
- 122A Application of Division
- 122B Nature of monitoring and environmental audits
- 122C Minister may require monitoring or environmental audits
by imposition of conditions on approved project
- 122D Provisions relating to conditions for monitoring and
environmental audits
- 122E Offences
- 122F Self-incriminatory information and use of
information
- Division 2C Departmental enforcement powers
- Subdivision 1 Preliminary
- 122G Purposes for which powers under Division may be
exercised
- 122H Definitions: Division 2C
- 122I Appointment of authorised officers
- Subdivision 2 Powers of entry and search of
premises
- 122J Powers of authorised officers to enter
premises
- 122K Entry into residential premises only with permission or
warrant
- 122L Powers of authorised officers to do things at
premises
- 122M Search warrants
- 122N Assistance to be given to authorised officers
- 122O Care to be taken and compensation
- Subdivision 3 Power to obtain information or
records
- 122P Application of Subdivision
- 122Q Requirement to provide information and
records
- 122R Provisions relating to records
- 122S Power of authorised officers to require answers and
record evidence
- Subdivision 4 General
- 122T Criminal proceedings relating to compliance with
requirements under this Division
- 122U Provisions relating to requirements to furnish records,
information or answer questions
- 122V Miscellaneous provisions relating to notices
- Division 3 Orders of the Court
- 122 Definitions
- 123 Restraint etc of breaches of this Act
- 124 Orders of the Court
- 124AA Evidence of use of premises as backpackers’
hostel
- 124AB Proceedings relating to use of premises as
brothel
- 124A Special provision where development consent tainted by
corruption
- Division 4 Offences
- 125 Offences against this Act and the regulations
- 126 Penalties
- 127 Proceedings for offences
- 127A Penalty notices for certain offences
- Part 7 Finance
- Division 1 Funds
- 128 Department of Environment and Planning Account
- 129 Funds generally
- 130 Development Funds
- 131 Trust Fund
- 132 Constitution of development areas
- 133 Alteration or abolition of development area
- 134 Land to be in one development area only
- 135 Disallowance of constitution of development
area
- Division 2 Charges and fees
- 136 Right to charges and fees
- 137 Charges and fees fixed by regulation
- 138 Liability for charge or fee
- 139 Recovery of charges etc
- Division 3 Loans
- 140–142
- 143 Assessment of loan commitments
- Division 4 General
- 144 Financial year
- 145
- Part 7A Liability in respect of contaminated land
- 145A Definitions
- 145B Exemption from liability—contaminated
land
- 145C Contaminated land planning guidelines
- Part 8 Miscellaneous
- 146 Bush fire prone land
- 146A Smoke alarms in buildings providing sleeping
accommodation
- 147 Disclosure of political donations and gifts
- 148 Disclosure and misuse of information
- 148A
- 149 Planning certificates
- 149A Building certificates
- 149B Applications for building certificates
- 149C Supply of information in connection with applications
for building certificates
- 149D Obligations of council to issue building
certificate
- 149E Effect of building certificate
- 149F Appeals with respect to building certificates
- 149G Record of building certificates
- 150 Evidence
- 151 Proof of ownership of land
- 152 Right to be heard
- 153 Notices
- 153A Delegation by public authorities
- 154 Transfer or amalgamation of land to which environmental
planning instrument applies
- 155, 156
- 157 Regulations
- 158 Exclusion of personal liability
- 159 Savings, transitional and other provisions
- Schedules 1, 2
- Schedule 3 Planning Assessment Commission
- Schedule 4 Joint Regional Planning Panels
- Schedule 5
- Schedule 5A Special contributions areas
- Schedule 5B Planning assessment panels
- Schedule 6 Savings, transitional and other
provisions
- Schedule 7
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