Environmental Planning and Assessment Act 1979 No 203
Historical version for 5 June 2000 to 7 December 2000 (accessed 18 December 2014 at 19:32) Current version
Part 3

Part 3 Environmental planning instruments

Division 1 General

24   Making of environmental planning instruments and the application of objects thereto

Without affecting the generality of any other provisions of this Act, an environmental planning instrument may be made in accordance with this Part for the purposes of achieving any of the objects of this Act.

25   Statement of aims etc in environmental planning instruments

(1)  An environmental planning instrument shall state the aims, objectives, policies and strategies whereby that environmental planning instrument is designed to achieve any of the objects of this Act.
(2)  Except as provided by subsection (3), a statement referred to in subsection (1) does not affect the construction or effect of any other provision of the environmental planning instrument in which the statement is made.
(3)  Where a provision of an environmental planning instrument is genuinely capable of different interpretations, that interpretation which best meets the aims, objectives, policies and strategies stated in that instrument shall be preferred.
(4)  A failure to comply in any respect with subsection (1) does not affect the validity, construction or effect of an environmental planning instrument.
(5)  This section does not apply in the case of a deemed environmental planning instrument.

26   Contents of environmental planning instruments

(1)  Without affecting the generality of section 24 or any other provision of this Act, an environmental planning instrument may make provision for or with respect to any of the following:
(a)  protecting, improving or utilising, to the best advantage, the environment,
(b)  controlling (whether by the imposing of development standards or otherwise) development,
(c)  reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993, a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974, a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section,
(d)  providing, maintaining and retaining, and regulating any matter relating to, affordable housing,
(e)  protecting or preserving trees or vegetation,
(e1)  protecting and conserving native animals and plants, including threatened species, populations and ecological communities, and their habitats,
(f)  controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e),
(g)  controlling advertising,
(h)  such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act.
(2)  If land declared to be critical habitat is land to which an environmental planning instrument described in subsection (3) applies, the instrument must be amended as soon as practicable after the declaration to identify the land that is critical habitat.
(3)  The environmental planning instruments described in this subsection are regional environmental plans and local environmental plans that:
(a)  are principal instruments, as distinct from amending instruments (that is, principal instruments contain provisions apart from citation, commencement, a statement of their relationship with other instruments, a description, by reference or otherwise, of the land to which they apply and savings and transitional provisions), and
(b)  make provision for the development of land that is identified by a map or a description, and
(c)  are prepared or made before or after the commencement of Part 3 of the Threatened Species Conservation Act 1995.

27   Reservation of land for public purposes

(1)  Where an environmental planning instrument reserves land for use exclusively for a purpose referred to in section 26 (1) (c), that environmental planning instrument shall make provision for or with respect to the acquisition of that land by a public authority unless the land is owned by a public authority and is held by that public authority for that purpose.
(2)  Nothing in this section shall be construed as authorising or requiring an environmental planning instrument to contain a provision empowering or purporting to empower the compulsory acquisition of land.

28   Suspension of laws etc by environmental planning instruments

(1)  In this section, regulatory instrument means any Act (other than this Act), rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made.
(2)  For the purpose of enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act, an environmental planning instrument may provide that, to the extent necessary to serve that purpose, a regulatory instrument specified in that environmental planning instrument shall not apply to any such development or shall apply subject to the modifications specified in that environmental planning instrument.
(3)  A provision referred to in subsection (2) shall have effect according to its tenor, but only if the Governor has, before the making of the environmental planning instrument, approved of the provision.
(4)  Where a Minister is responsible for the administration of a regulatory instrument referred to in subsection (2), the approval of the Governor for the purposes of subsection (3) shall not be recommended except with the prior concurrence in writing of that Minister.
(5)  A declaration in the environmental planning instrument as to the approval of the Governor as referred to in subsection (3) or the concurrence of a Minister as referred to in subsection (4) shall be prima facie evidence of the approval or concurrence.

29   Designated development: declaration by environmental planning instruments

An environmental planning instrument may contain provisions declaring any class or description of development (whether by reference to the type, purpose or location of development or otherwise) to be designated development for the purposes of this Act.

29A   Advertised development

(1)  Without limiting the generality of section 26 (1) (b), an environmental planning instrument may identify development, other than designated development, as advertised development.
(2)  Any such provisions may add to or extend, but not replace or reduce, the provisions of the regulations concerning the notification and advertising of development and the making of submissions relating to advertised development.

30   Consents and concurrences

(1)  Without limiting the generality of section 26 (1) (b), an environmental planning instrument may provide that development specified therein:
(a)  may be carried out without the necessity for consent under this Act being obtained therefor, or
(b)  may not be carried out except with consent under this Act being obtained therefor.
(2)  Where provision is made in accordance with subsection (1) (b), the instrument may provide that a development application in respect of development specified in the instrument shall not be determined by the granting of consent under this Act, except with the concurrence of such Minister or public authority as is specified in the instrument to the carrying out of the development.
(3)  An environmental planning instrument which makes provision in accordance with subsection (2) shall state the matters which shall be taken into consideration in deciding whether concurrence should be granted.
(4), (5)  (Repealed)

31   Prohibitions

Without limiting the generality of section 26 (1) (b), an environmental planning instrument may provide that development specified therein is prohibited.

32   Authorisation of matters under environmental planning instruments

An environmental planning instrument may be made so as to authorise any matter or thing to be from time to time determined, applied or regulated by such Minister or public authority as is specified in the environmental planning instrument.

33   Model provisions

(1)  An environmental planning instrument may, by reference, adopt wholly or partially any set of model provisions made by the Minister by order published in the Gazette.
(2)  Where model provisions have been adopted in accordance with subsection (1) and those provisions are subsequently:
(a)  amended—the provisions in their amended form shall apply, or
(b)  revoked—the provisions shall cease to apply,
except to the extent that those provisions or the environmental planning instrument otherwise provide.
(3)  The Minister may take such steps as the Minister considers appropriate or necessary to publicise draft model provisions or draft amendments to model provisions and to seek and consider submissions from the public before the Minister makes the provisions or amendments, as the case may be.

34   Environmental planning instruments—making, operation and inspection

(1)  Expressions used in an environmental planning instrument shall, unless the contrary intention appears, have the same meanings respectively as they have in this Act.
(2)  Judicial notice shall be taken of an environmental planning instrument and of the date of its publication.
(3)  It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an environmental planning instrument have been complied with and performed.
(4)  The amendment or the alteration, variation or repeal, whether in whole or in part, of any environmental planning instrument does not affect:
(a)  the previous operation of the instrument or anything duly suffered, done or commenced under the instrument,
(b)  any right, privilege, obligation or liability acquired, accrued or incurred under the instrument, or
(c)  any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation or liability,
and any such investigation, legal proceedings or remedy may be instituted, continued and enforced as if the amendment, alteration, variation or repeal had not occurred.
(5)  An environmental planning instrument shall:
(a)  be published in the Gazette, and
(b)  take effect on and from the date of publication or a later date specified in the instrument.
(6)  A copy of every environmental planning instrument shall be available for public inspection, without charge, at the office of the Department during ordinary office hours.
(7)  The Director shall furnish each council affected by an environmental planning instrument with a copy of the instrument as soon as practicable after it is made.
(8)  A copy of each environmental planning instrument that has been furnished to a council by the Director shall be available for public inspection, without charge, at:
(a)  the office of the council during ordinary office hours, and
(b)  such other premises operated or controlled by the council and at such times as may be prescribed.
(9)  An environmental planning instrument shall be deemed to have been published in the Gazette notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published.
(10)  A reference in subsections (6), (7) and (8) to a copy of an environmental planning instrument includes a reference to any planning map or other prescribed instrument or material referred to, embodied or incorporated in the instrument.

34A   Consultation with Director-General of National Parks and Wildlife about preparation of studies or instruments

(1)  The Director must consult with the Director-General of National Parks and Wildlife before preparing:
(a)  a draft State environmental planning policy, or
(b)  an environmental study or a draft regional environmental plan,
if, in the opinion of the Director, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be affected by the draft policy, environmental study or draft plan.
(2)  A council must consult with the Director-General of National Parks and Wildlife before preparing:
(a)  an environmental study, or
(b)  a draft local environmental plan,
if, in the opinion of the council, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be affected by the environmental study or draft plan.
(3)  For the purpose of the consultation, the Director or council must provide the following information to the Director-General of National Parks and Wildlife:
(a)  the reasons for deciding to prepare the draft environmental planning instrument or the environmental study,
(b)  the proposed aims, objectives, policies and strategies whereby the draft instrument is designed to achieve any of the objects of this Act,
(c)  a description of the land to which the draft instrument or the study is intended to apply,
(d)  the types of matters to be dealt with in the draft instrument or the study.
(4)  For the purposes of the consultation, the Director or council may provide any other information that, in the Director’s or council’s opinion, would assist in understanding the draft environmental planning instrument or the environmental study.
(5)  The Director-General of National Parks and Wildlife may comment to the Director or council on the preparation of the draft environmental planning instrument or the environmental study within 40 days after the information required to be provided under subsection (3) is provided.
(6)  The consultation required by this section is completed when the Director or council has considered any comments so made.

35   Validity of instruments

The validity of an environmental planning instrument shall not be questioned in any legal proceedings except those commenced in the Court by any person within 3 months of the date of its publication in the Gazette.

36   Inconsistency between instruments

(1)  In the event of an inconsistency between environmental planning instruments, then, to the extent of the inconsistency and unless otherwise provided:
(a)  there is no general presumption that an environmental planning instrument of one kind prevails over an environmental planning instrument of another kind, and
(b)  the provisions of a later environmental planning instrument prevail over those of an earlier environmental planning instrument, whether of the same or a different kind.
(2)  A State environmental planning policy prevails over a regional environmental plan or a local environmental plan made before or after the policy to the extent of any inconsistency, if the policy expressly so provides.
(3)  A regional environmental plan prevails over a local environmental plan made before or after the regional environmental plan to the extent of any inconsistency, if the regional environmental plan expressly so provides.
(4)  Nothing in this section prevents an environmental planning instrument from being expressly amended by a later environmental planning instrument, of the same or a different kind, to provide for the way in which an inconsistency between them is to be resolved.

Division 2 State environmental planning policies

37   Decision or direction to prepare draft State environmental planning policy

(1)  The Director may, after consultation with such public authorities as the Director determines, prepare a draft State environmental planning policy with respect to such matters as are, in the opinion of the Director, of significance for environmental planning for the State, and may submit it to the Minister.
(2)  The Minister may, after consultation with such Ministers as the Minister determines, cause to be prepared by the Director for submission to the Minister a draft State environmental planning policy with respect to any matter specified by the Minister, being a matter which is, in the opinion of the Minister, of significance for environmental planning for the State.

38   Format of State environmental planning policies

Subject to this Act and the regulations, the format, structure and subject-matter of a State environmental planning policy or draft State environmental planning policy shall be as determined by the Minister.

39   Making of State environmental planning policies by the Governor

(1)  The Minister may, on the submission to the Minister by the Director of a draft State environmental planning policy, recommend to the Governor the making of a State environmental planning policy:
(a)  in accordance with that draft State environmental planning policy submitted to the Minister, or
(b)  in accordance with that draft State environmental planning policy with such alterations as the Minister thinks fit,
or the Minister may decide not to make that recommendation.
(2)  The Minister shall take such steps, if any, as the Minister considers appropriate or necessary to publicise a draft State environmental planning policy and to seek and consider submissions from the public before the Minister makes such a recommendation.
(3)  The Minister may not make such a recommendation except with respect to such matters as are, in his or her opinion, of significance for environmental planning for the State.
(4)  The Governor may make a State environmental planning policy in accordance with a recommendation made under this section.
(5)  A State environmental planning policy shall apply to the State or such part of the State as is described in the policy.

Division 3 Regional environmental plans

40   Decision or direction to prepare draft regional environmental plan

(1)  The Director may prepare a draft regional environmental plan in respect of a region or part of a region and with respect to such matters as are, in the opinion of the Director, of significance for environmental planning for the region to which, or to part of which, that plan is intended to apply.
(2)  The Minister may cause to be prepared by the Director for submission to the Minister a draft regional environmental plan with respect to any matter specified by the Minister, being a matter which is, in the opinion of the Minister, of significance for environmental planning for the region to which, or to part of which, that plan is intended to apply.

41   Preparation of environmental study

(1)  The Director shall, before commencing to prepare a draft regional environmental plan or at any time during the course of its preparation, prepare an environmental study of the land to which the draft regional environmental plan is intended to apply.
(2)  The environmental study referred to in subsection (1) shall have regard to such matters, relating to the environment of the region to which, or to part of which the draft regional environmental plan is intended to apply, as the Director determines.

42, 43   (Repealed)

44   Preparation of draft regional environmental plan

In the preparation of a draft regional environmental plan, the Director shall, within such time as the Minister may determine:
(a)  cause any State environmental planning policy to be considered so far as it may affect or be affected by the subject-matter of the draft regional environmental plan, and
(b)  prepare the plan having regard to the environmental study prepared by the Director under section 41.
(c)–(e)  (Repealed)

45   Notification

(1)  In the preparation of an environmental study or a draft regional environmental plan, the Director, to the extent required by this section, is to notify the information specified in subsection (2) to the following:
(a)  each council whose area or part of whose area is situated in the region or part of the region to which that study or draft plan applies,
(b)  the Local Government Liaison Committee,
(c)  such other public authorities, other bodies (including authorities of the Commonwealth or other States) and other persons as the Director determines.
(2)  The information to be notified is the following:
(a)  the reasons for deciding to prepare the environmental study or the draft regional environmental plan,
(b)  the general aims and objectives of the study or draft plan,
(c)  a general description of the land or area to which the study or draft plan is intended to apply,
(d)  such other matters (if any) as the Director thinks fit.
(3)  Information about an environmental study and information about a draft regional environmental plan may be notified under this section at the same time or at different times.
(4)  A person to whom information is notified under this section may comment to the Director on the preparation of the environmental study or draft regional environmental plan within 28 days after the Director notifies the information.

46   Information from public authorities

To facilitate the preparation of an environmental study or a draft regional environmental plan, a public authority:
(a)  shall, if requested in writing to do so by the Director, furnish such information and provide such assistance as may reasonably be required by the Director in the preparation of the study or plan, and
(b)  shall notify the Director of any information or any actual or proposed activity or work that, in its opinion, is relevant to the study or plan,
and a public authority is hereby empowered to the extent necessary to comply with the provisions of this section.

47   Public exhibition of draft regional environmental plan

When a draft regional environmental plan has been prepared, the Director shall:
(a)  give public notice, in a form and manner determined by the Director, of the places at which, the dates on which, and the times during which, the environmental study prepared by the Director under section 41 of the land to which the draft regional environmental plan applies and the draft regional environmental plan may be inspected by the public,
(b)  publicly exhibit that environmental study and draft regional environmental plan at the places, on the dates and during the times set out in the notice,
(c)  publicly exhibit such other matters as the Director considers appropriate or necessary to better enable the draft plan and its implications to be understood, and
(d)  specify, in the notice, the period during which submissions may be made to the Director in accordance with section 48.

48   Submissions

Any person may, during the period referred to in section 47 (d), make submissions in writing to the Director with respect to the draft regional environmental plan publicly exhibited under section 47 (b).

49   Consideration of submissions and amendment of draft plan

(1)  The Director shall cause any submissions made under section 48 to be considered and:
(a)  may, if the Director thinks fit, direct that an inquiry be held, in accordance with section 119, by a Commission of Inquiry appointed under section 119 (2), with respect to any matter relating to the draft regional environmental plan whether or not arising from any submission,
(b)  may amend the draft regional environmental plan by making changes whether or not of substance and whether or not as a consequence of the consideration of any such submissions or of the findings and recommendations of any such Commission of Inquiry,
(c)  may (but need not) publicly exhibit that amended draft regional environmental plan together with a written explanation of the reasons for the amendments, at such places, on such dates and during such times as the Director determines, and
(d)  where an amended draft regional environmental plan is exhibited under paragraph (c), shall cause public notice to be given in a form and manner determined by the Director, specifying the period during which submissions may be made to the Director in accordance with section 48 as applied by subsection (2).
(2)  Where the Director causes an amended draft regional environmental plan to be publicly exhibited in accordance with subsection (1) (c), section 48 and subsection (1) apply to and in respect of that amended draft regional environmental plan in the same way as they apply to and in respect of a draft regional environmental plan.

50   Submission of draft regional environmental plan to the Minister

(1)  Subject to subsection (2), the Director shall submit to the Minister the draft regional environmental plan, with any amendments made in accordance with section 49.
(2)  In submitting the draft regional environmental plan, the Director may exclude certain provisions of the draft plan or exclude part of the region from the draft plan, or both (in this section referred to as the deferred matter) which, in the Director’s opinion, require or requires further consideration but which should not prejudice the consideration by the Minister of the draft plan as submitted.
(3)  A draft regional environmental plan submitted under subsection (1) shall be accompanied by a report by the Director on the draft plan, on any submissions made under section 48 and on any inquiry referred to in section 49 (1) (a) in relation to the draft plan.
(4)  The Director may subsequently take action under section 49 and this section in respect of the deferred matter which for the purposes of those sections shall be deemed to be a draft regional environmental plan.

51   Making of regional environmental plans by the Minister

(1)  The Minister may, on the submission to the Minister by the Director of a draft regional environmental plan:
(a)  make a regional environmental plan:
(i)  in accordance with the draft regional environmental plan submitted to the Minister, or
(ii)  in accordance with the draft regional environmental plan with such alterations as the Minister thinks fit,
(b)  direct that action be taken in accordance with subsection (4), or
(c)  decide not to proceed with the draft regional environmental plan.
(1A)  Without limiting subsection (1) (a) (ii), the alterations that may be made by the Minister to the draft regional environmental plan may comprise changes of substance and may arise from submissions or from a finding or recommendation of a Commission of Inquiry or otherwise from the Minister’s consideration of the matters in the draft plan.
(2)  The Minister may not make a regional environmental plan except with respect to such matters as are, in his or her opinion, of significance for environmental planning for the region or part of the region to which that regional environmental plan applies.
(3)  A regional environmental plan shall apply to such region or part of the region as is described in the plan.
(4)  The Minister may direct the Director to publicly exhibit a draft regional environmental plan with such alterations as the Minister specifies, and the provisions of this section and sections 47, 48, 49 and 50 shall, with any necessary adaptations, apply to that plan.

51A   Development control plans

(1)  The Director may prepare a development control plan, or cause such a plan to be prepared, for a part or parts of the land to which a regional environmental plan or a draft regional environmental plan applies, if the Director considers it necessary or desirable to provide more detailed provisions than are contained in the plan or draft plan for that part or those parts of the land.
(2)  The format, structure, subject-matter and procedures for the preparation, public exhibition, approval, amendment and repeal of such a development control plan are to be as prescribed by the regulations.
(3)  Such a development control plan must generally conform to the provisions of the regional environmental plan or draft regional environmental plan which applies to the land to which the development control plan applies.
(4)  A development control plan prepared in accordance with this section must be available for public inspection, without charge, at:
(a)  the head office of the Department, and
(b)  any regional office of the Department situated within the region to which, or to part of which, the regional environmental plan or draft regional environmental plan applies.

52   Format of regional environmental plan or draft plan

Subject to this Act and the regulations, the format, structure and subject-matter of a regional environmental plan or draft regional environmental plan shall be as determined by the Minister.

Division 4 Local environmental plans

53   Definition

Where 2 or more councils decide to join in the preparation of a draft local environmental plan under section 54 (2), a reference in this Division:
(a)  except in section 54, to a council includes a reference to those councils, and
(b)  to an area includes a reference to the areas of those councils.

54   Decision to prepare draft local environmental plan

(1)  A council may decide to prepare a draft local environmental plan in respect of the whole or any part of the land within its area.
(2)  Two or more councils may decide to join in the preparation of a draft local environmental plan in respect of the whole or any part of the land within their areas.
(3)  Where 2 or more councils decide to join in the preparation of a draft local environmental plan under subsection (2), they shall enter into an agreement for the purpose of preparing that draft local environmental plan.
(4)  A council or councils, as the case may be, shall inform the Director of the decision to prepare a draft local environmental plan and of the land to which it is intended to apply.
(5)  Following the decision to prepare a draft local environmental plan, the council or councils may, subject to and in accordance with this Division, prepare the plan.

55   Directions from Minister for the preparation of local environmental plan

(1)  The Minister may direct a council, or 2 or more councils jointly, to perform any function conferred or imposed on it or them under section 54 or any other provision of this Division within such time or period as is specified in the direction.
(2)  Where a direction is given under subsection (1), no function performed after the expiration of any time or period specified in the direction shall thereby be rendered void or otherwise ineffective.
(3)  Nothing in this section affects the operation of section 117.
(4)  Following the direction to prepare a draft local environmental plan, the council or councils shall, subject to and in accordance with this Division, prepare the plan.

56   (Repealed)

57   Preparation of environmental study

(1)  Where a council decides to prepare a draft local environmental plan or is directed to do so by the Minister under section 55, it shall prepare an environmental study of the land to which the draft local environmental plan is intended to apply.
(2)  A council shall prepare an environmental study in accordance with such specifications, if any, relating to the form, content and preparation of the study as have been notified to the council by the Director and are then applicable.
(3)  (Repealed)
(4)  The environmental study referred to in subsection (1) shall be prepared with regard to such matters, relating to the environment of the area to which the draft local environmental plan is intended to apply, as the council, subject to the specifications, determines.
(5)  Where, in relation to a request or submission made by or on behalf of a person to a council, an environmental study referred to in subsection (1) of particular land is prepared by the council for the purposes of a draft local environmental plan to enable the carrying out of development on the land, the council may, subject to and in accordance with the regulations, recover the costs and expenses, determined in accordance with the regulations, incurred in the preparation of the environmental study, from the person.

58–60   (Repealed)

61   Council’s responsibilities in preparing draft local environmental plan

The council shall prepare a draft local environmental plan having regard to the environmental study prepared by the council under section 57.

62   Consultation

In the preparation of an environmental study or a draft local environmental plan, the council shall consult with:
(a)  such public authorities or bodies (including authorities of the Commonwealth or other States) as, in its opinion, will or may be affected by that draft local environmental plan,
(b)  where the draft local environmental plan applies to land adjoining a boundary between the council’s area and another area—the council of that other area, and
(c)  such other persons as the council determines.

63   Information from public authorities

To facilitate the preparation of an environmental study or a draft local environmental plan, a public authority:
(a)  shall, if requested in writing to do so by the council, furnish such information and provide such assistance as it deems proper to assist the council in the preparation of the study or plan, and
(b)  shall notify the council of any information or any actual or proposed activity or work that, in its opinion, is relevant to the study or plan,
and a public authority is hereby empowered to the extent necessary to comply with the provisions of this section.

64   Submission of copy of draft local environmental plan to Department

When a draft local environmental plan has been prepared, the council shall submit a copy of the draft plan to the Director, together with a statement specifying the names of the public authorities, bodies and other persons the council has consulted with pursuant to section 62.

65   Certificate of Director

(1)  Where the Director receives a copy of a draft local environmental plan from a council under section 64, the Director may cause to be issued to the council a certificate certifying that the draft plan may be publicly exhibited in accordance with section 66.
(2)  A certificate issued under this section may be granted subject to the condition that the draft local environmental plan be amended in the manner specified in the certificate before it is publicly exhibited in accordance with section 66.
(3)  Where a certificate is not issued under this section, the Director shall return the draft plan to the council, giving the reasons why the certificate was not issued, and directing the council to amend the draft plan in such a manner as to enable a certificate to be issued, or to take such other action as is appropriate.
(4)  The council shall comply with a direction given under subsection (3).

66   Public exhibition of draft local environmental plan

(1)  Where a council receives a certificate under section 65 with respect to a draft local environmental plan, it shall, after complying with any condition subject to which the certificate was granted and subject to the regulations:
(a)  give public notice, in a form and manner determined by the council, of the place at which, the dates on which, and the times during which, the environmental study prepared by the council under section 57 of the land to which the draft local environmental plan applies and the draft local environmental plan may be inspected by the public,
(b)  publicly exhibit at the place, on the dates and during the times set out in the notice:
(i)  a copy of that environmental study and draft local environmental plan,
(ii)  a copy of any State environmental planning policy, regional environmental plan, or relevant direction under section 117, applying to the land to which the draft local environmental plan is intended to apply, and
(iii)  if such a policy, plan or direction does so apply—a statement to the effect that the policy, plan or direction referred to in subparagraph (ii) substantially governs the content and operation of the draft local environmental plan and that any submission made pursuant to section 67 should be made having regard thereto,
(c)  specify, in the notice, the period (being a period which is or includes the period referred to in subsection (2)) during which submissions may be made to the council in accordance with section 67, and
(d)  publicly exhibit such other matter as it considers appropriate or necessary to better enable the draft plan and its implications to be understood.
(2)  A draft local environmental plan shall be publicly exhibited for a period being not less than the prescribed period.
(3)  Where, for the purposes of informing the public generally, a council decides to publicly exhibit a draft local environmental plan otherwise than in accordance with subsection (1), or to publicly exhibit any other matter which could be construed or represented as having a similar purpose to a draft local environmental plan, it shall at the same time publicly exhibit a statement to the effect that the exhibition is not to be regarded as an exhibition for the purposes of this Act.

67   Making of submissions

Any person may, during the period referred to in section 66 (1) (c), make submissions in writing to the council with respect to the provisions of a draft local environmental plan publicly exhibited under section 66 (1) (b).

68   Consideration of submissions

(1)  Where:
(a)  a person making a submission so requests, and
(b)  the council considers that the issues raised in a submission are of such significance that they should be the subject of a hearing before the council decides whether and, if so, what alterations should be made,
the council shall, in the prescribed manner, arrange a public hearing in respect of the submission.
(2)  A report of the public hearing shall be furnished to the council and the council shall make public the report.
(3)  The council shall consider the submission and the report furnished pursuant to subsection (2) and may make any alterations it considers are necessary to the draft local environmental plan arising from its consideration of submissions or matters raised at any public hearing.
(3A)  An alteration made by a council pursuant to subsection (3) need not relate to a submission.
(3B)  The council may (but need not) give public notice of and publicly exhibit, wholly or in part, a draft local environmental plan that has been altered pursuant to subsection (3). The provisions of this section and sections 66 and 67, with any necessary adaptations, apply to any such exhibition of a draft plan, but not so as to require a further certificate under section 65.
(4)  The council shall, subject to and except as may be provided by the regulations, submit to the Director:
(a)  details of all submissions,
(b)  the report of any public hearing,
(c)  the draft local environmental plan and the reasons for any alterations made to the plan pursuant to subsection (3), and
(d)  a statement:
(i)  to the effect that the provisions of sections 66 and 67 and this section relating to public involvement in the preparation of the draft plan have been complied with,
(ii)  specifying the environmental planning instruments and directions under section 117 that have been taken into consideration,
(iii)  giving details of any inconsistency between the draft plan and any instrument or direction referred to in subparagraph (ii) and the reasons justifying the inconsistency, and
(iv)  giving details of the reasons justifying the exclusion of provisions of the draft plan under subsection (5) or the exclusion from the application of the draft plan of any land under that subsection.
(5)  In submitting the draft local environmental plan, the council may exclude certain provisions of the draft plan or exclude part of the land from the draft plan, or both (in this section referred to as the deferred matter) which, in its opinion, require or requires further consideration but which should not prejudice the consideration by the Director and the Minister of the draft plan as submitted.
(6)  The council may subsequently take action under this section in respect of the deferred matter, without having to publicly re-exhibit that deferred matter, as if it were a draft local environmental plan.
(7)  More than one public hearing may be held in respect of any submissions, and one hearing may be held in respect of more than one submission.
(8)  The regulations may make provision for or with respect to the conduct of a public hearing.

69   Report by Director

The Director shall furnish a report to the Minister as to:
(a)  whether the draft local environmental plan submitted under section 68 (4) is inconsistent with any State environmental planning policy, regional environmental plan, or relevant direction under section 117, applying to the land to which the draft plan applies,
(b)  if there is such an inconsistency—whether the inconsistency is justifiable in the circumstances,
(c)  whether the provisions of sections 66, 67 and 68 relating to public involvement in the preparation of the draft plan have been complied with,
(d)  the relationship between the draft plan, and other proposed and any existing environmental planning instruments, and any relevant directions under section 117, applying to the land to which the draft plan applies, and
(e)  such other matters (if any) relating to the draft plan as the Director thinks appropriate.

70   Making of local environmental plan

(1)  After considering the Director’s report made under section 69, the Minister may:
(a)  make a local environmental plan:
(i)  in accordance with the draft local environmental plan as submitted by the council under section 68 (4), or
(ii)  in accordance with that draft plan with such alterations as the Minister thinks fit relating to any matter which in the opinion of the Minister is of significance for State or regional environmental planning,
(b)  direct that action be taken in accordance with subsection (3), or
(c)  decide not to proceed with the draft local environmental plan.
(1A)  Without limiting subsection (1) (a) (ii), the alterations that may be made by the Minister relating to any matters which in the opinion of the Minister are of significance for State or regional environmental planning may comprise changes of substance to the draft local environmental plan and may arise from submissions or otherwise from the Minister’s consideration of the matters in the draft plan.
(2)  A local environmental plan shall apply to such area or part of such area as is described in that plan.
(3)  The Minister may (but need not) direct the council to publicly exhibit, wholly or in part, a draft local environmental plan that has been altered pursuant to this section or section 68, and the provisions of this section and sections 66, 67, 68 and 69 shall, with any necessary adaptations, apply to that plan.
(4)  Where the Minister decides to make a plan in accordance with subsection (1), the Minister may exclude certain provisions of the draft plan or exclude part of the land from the draft plan, or both (in this section referred to as the deferred matter) which, in his or her opinion, require or requires further consideration but which should not prejudice the making of the local environmental plan.
(5)  The Minister may subsequently take action in accordance with this section in respect of the deferred matter as if it were a draft local environmental plan submitted under section 68 (4).
(6)  Where the Minister decides not to proceed with a draft local environmental plan under subsection (1) (c), the Minister shall give such directions to the council as the Minister considers necessary in relation to that decision.
(7)  The Minister shall inform the council of his or her decision under subsection (1) and, except where the Minister decides to make a local environmental plan in accordance with the draft local environmental plan as submitted by the council under section 68 (4), the reasons therefor, and may at the same time give directions to the council as to the procedure to be followed in connection with making his or her decision known to the public.
(8)  Notwithstanding anything in this section and without affecting the power to make alterations pursuant to subsection (1), the Minister may make a local environmental plan with such alterations as the Minister thinks fit, being alterations that do not affect the substance of the provisions of the plan as submitted by the council or as altered pursuant to subsection (1).

71   Format of local environmental plan or draft plan

Subject to this Act and the regulations, the format, structure and subject-matter of a local environmental plan or draft local environmental plan shall be as determined by the Minister and notified to the council concerned.

72   Development control plans

(1)  If a council considers it necessary or desirable:
(a)  to provide more detailed provisions than are contained in a local environmental plan or a draft local environmental plan in respect of a part or parts of the land to which that plan or draft plan applies, or
(b)  to identify development as advertised development, or
(c)  to provide for the notification or advertising to the public, a section of the public or specified persons of any of the following:
(i)  a development application for specified development (other than designated development or advertised development),
(ii)  an application for the modification of a development consent for specified development (including advertised development but not including designated development),
(iii)  an application for a complying development certificate,
or to provide that the relevant application does not need to be notified or advertised, or
(d)  to specify criteria, in addition to any criteria that may be specified in the regulations, that it is to take into consideration in determining whether or not to give an order under Division 2A of Part 6,
it may prepare or cause to be prepared a development control plan.
(1A)  A provision of a kind to which subsection (1) (b) applies may add to or extend, but not replace or reduce, the provisions of the regulations concerning the notification and advertising of development applications and the making of submissions relating to advertised development.
(1B)  If a council makes a development control plan that specifies criteria that it is to take into consideration in determining whether or not to give an order under Division 2A of Part 6, the criteria may add to, but must not be inconsistent with, any criteria that may be specified in the regulations.
(2)  The format, structure, subject-matter and procedures for the preparation, public exhibition, approval, amendment and repeal of such a development control plan shall be as prescribed.
(3)  Such a development control plan shall generally conform to the provisions of the local environmental plan or the draft local environmental plan which applies to the land to which the development control plan applies.
(4)  A development control plan prepared in accordance with this section shall be available for public inspection, without charge, at:
(a)  the office of the council during ordinary office hours, and
(b)  such other premises operated or controlled by the council and at such times as may be prescribed.

Division 4A Applications for the preparation of local environmental plans

72A   Making of application

(1)  A person may make an application under this Division to a council for the preparation of a local environmental plan by the council to enable the carrying out of any prescribed residential development on any prescribed land within its area.
(2)  Such an application may only be made if the development the subject of the application is:
(a)  development which, but for this Division or sections 88A and 89, cannot be carried out either with or without development consent, or
(b)  development the carrying out of which, but for this Division or sections 88A and 89, is prohibited under this Act.
(3)  Such an application:
(a)  shall be made in the prescribed form and manner, and
(b)  shall be accompanied by a development application made in accordance with section 78A for consent to carry out the development.

72B   Preparation of local environmental plan and advertising of development application

(1)  Where an application is made under this Division, the council shall:
(a)  with respect only to the land the subject of the accompanying development application, prepare a draft local environmental plan to enable the carrying out, with the council’s consent, of the development the subject of the application, and
(b)  prepare the draft plan in the terms determined by the Minister and notified to the council, and
(c)  provide in the draft plan, unless the development is designated development, for the development to be advertised development, and
(d)  not later than 14 days after lodgment of the application or after the Minister notifies the council of the terms of the draft plan, whichever is the later, exhibit the draft plan in accordance with section 66, and
(e)  if the development is not designated development—not later than 14 days after lodgment of the application, notify the accompanying development application in accordance with section 79A, and
(f)  if the development is designated development—not later than 34 days after lodgment of the application, complete the notification of the accompanying development application in accordance with section 79.
(2)  Any person may:
(a)  in accordance with section 67, make submissions with respect to the draft local environmental plan, and
(b)  in accordance with the regulations or section 79 (5), inspect and make submissions with respect to the accompanying development application.
(3)  Except in the case of a person making a submission in respect of an application to carry out designated development, a person making a submission is not an objector for the purposes of this Act.

72C   Consideration and making of plan

(1)  The council shall consider:
(a)  any submission made in accordance with section 67, and
(b)  any matters prescribed by the regulations,
and shall decide whether, in its opinion, the draft local environmental plan should be made.
(2)  If the council decides that the draft local environmental plan should be made, it shall, within 14 days of its decision, submit to the Director:
(a)  the draft plan, and
(b)  a statement to the effect that the provisions of section 72B relating to public involvement in connection with the draft plan have been complied with.
(3)  On receipt of the draft local environmental plan and the statement, the Director shall arrange for the draft plan to be published in the Gazette, with such alterations as the Director thinks fit, being alterations that do not affect the substance of the provisions of the plan.
(4)  The draft local environmental plan shall take effect on and from the date of its publication in the Gazette as if it were a local environmental plan made under section 70 by the Minister.

72D   Determination of development application by council

(1)  If the council decides that the draft local environmental plan should be made, the council shall determine the accompanying development application as if the draft plan were in force.
(2)  In determining the accompanying development application, the council shall take into consideration (in addition to the matters required to be considered under section 79C (1)):
(a)  any submissions made under section 72B, and
(b)  any matters prescribed by the regulations.
(3)  If the council decides that the draft local environmental plan should not be made, the council shall refuse consent to the accompanying development application.
(4)  Section 82 applies to the accompanying development application whether or not the council makes a decision about the making of the draft local environmental plan.
(5)  Nothing in this Act or in any environmental planning instrument prevents the council from determining the accompanying development application in accordance with this Division.

72E   Appeals

(1)  If an appeal is made under section 97 (1) in respect of a development application to which this Division applies, each person who made a submission under section 87 in respect of the application shall be given notice by the council of that appeal and shall, on application made to the Court in accordance with rules of Court within 28 days after the date of the notice, be entitled to be heard at the hearing of the appeal as if the person were a party to the appeal.
(2)  The Court shall make its decision on an appeal under section 97 (1) or 98 (1) in respect of the development application as if the draft local environmental plan were in force.

72F   Making of local environmental plan following decision of Court

(1)  If the decision of the Court on an appeal has the effect of granting consent either unconditionally or subject to conditions to the carrying out of the development the subject of the development application, the registrar of the Court shall notify the Director accordingly.
(2)  If the Director has not already done so, the Director shall arrange for the draft local environmental plan which the development application accompanied to be published in the Gazette, with such alterations as the Director thinks fit, being alterations that do not affect the substance of the provisions of the plan.
(3)  The draft local environmental plan shall take effect on and from the date of its publication in the Gazette as if it were a local environmental plan made under section 70 by the Minister.

72G   Date from which consent operates

A consent granted by a council or by a decision of the Court to a development application to which this Division applies shall be taken:
(a)  to have been granted under Part 4, and
(b)  to become effective in accordance with section 83 and to operate from the date on which it becomes effective in accordance with that section or the date on which the draft local environmental plan which the development application accompanied is published in the Gazette, whichever is the later.

72H   Application of Divisions 1 and 5 and Part 4

Divisions 1 and 5 and Part 4 apply to and in respect of a local environmental plan prepared under this Division and a development application made under this Division:
(a)  except to the extent provided by this Division, and
(b)  except to the extent of any inconsistency between a provision of those Divisions or that Part and a provision of this Division.

Division 4B Instrument amendments and development applications

72I   Application of Division

This Division applies if a development application is made to a consent authority for consent to carry out development that may only be carried out if an environmental planning instrument applying to the land on which the development is proposed to be carried out is appropriately amended.

72J   Making and consideration of certain development applications

Nothing in this Act prevents:
(a)  the making of a development application to a consent authority for consent to carry out development that may only be carried out if an environmental planning instrument applying to the land on which the development is proposed to be carried out is appropriately amended, or
(b)  the consideration by a consent authority of such a development application,
subject to this Division.

72K   Joint exhibition of instrument and advertising of application

(1)  Public notice that is required to be given under this Act in connection with the preparation and making of a draft environmental planning instrument and notice that is required to be given under this Act of a development application in circumstances where this Division applies are to be given by the same notice.
(2)  The period during which the public may inspect the draft environmental planning instrument and the development application, if those periods are different, is to be the longer of them.
(3)  If the draft environmental planning instrument proposes to make the development the subject of the development application designated development, the period for public inspection of the development application that is to be relevant in determining the period for public inspection under subsection (2) is the period relevant to the inspection of a development application for designated development.

72L   Commission of Inquiry

Nothing in this Act prevents the Minister from directing that a single inquiry be held, in accordance with section 119, by a Commission of Inquiry into both a draft environmental planning instrument and a development application that are being dealt with under this Division.

Division 5 Review and amendment of environmental planning instruments

73   Review of environmental planning instruments

The Director shall keep State environmental planning policies and regional environmental plans, and councils shall keep their local environmental plans and development control plans under regular and periodic review for the purpose of ensuring that the objects of this Act are, having regard to such changing circumstances as may be relevant, achieved to the maximum extent possible.

74   Amendment of environmental planning instruments

(1)  An environmental planning instrument may be amended in whole or in part by a subsequent environmental planning instrument whether of the same or a different type.
(2)  A subsequent environmental planning instrument shall be made in accordance with the provisions of this Part except that:
(a)  where the subsequent instrument is a regional environmental plan—the provisions of sections 41 and 44 (b) shall not apply, unless the Minister directs to the contrary, or
(b)  where the subsequent instrument is a local environmental plan—the provisions of sections 57 and 61 shall not apply, unless the Director directs to the contrary.
(3)  In this section, amended includes altered, varied or repealed.
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