Environmental Planning and Assessment Act 1979 No 203
Historical version for 6 January 2012 to 26 January 2012 (accessed 25 November 2014 at 09:31) Current version
Part 3

Part 3 Environmental planning instruments

Division 1 General

24   Making of environmental planning instruments

(1)  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.
(2)  Environmental planning instruments may be made:
(a)  by the Governor under Division 2 (called a State environmental planning policy or SEPP), or
(b)  by the Minister (or delegate) under Division 4 (called a local environmental plan or LEP).
Note. Under transitional arrangements made by Schedule 6, some former instruments (such as regional environmental plans, planning scheme ordinances and interim development orders) continue in force.

25   (Repealed)

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.
(1A)  An environmental planning instrument may also make provision for or with respect to protecting and conserving vulnerable ecological communities.
(1B)  Despite subsection (1A), an environmental planning instrument must not contain any provision that requires a consent authority, before determining a development application relating to development that may affect a vulnerable ecological community:
(a)  to consult with the Director-General of the Department of Environment, Climate Change and Water or the Minister administering the Threatened Species Conservation Act 1995 about the effect of the development on the vulnerable ecological community, or
(b)  to obtain the concurrence of the Director-General of the Department of Environment, Climate Change and Water or the Minister administering the Threatened Species Conservation Act 1995 in respect of the development because of its possible effect on the vulnerable ecological community.
(2), (3)  (Repealed)
(3A)  An environmental planning instrument may make provision for any zoning of land or other provision to have effect only for a specified period or only in specified circumstances.
(4)  An environmental planning instrument that makes provision for or with respect to protecting or preserving trees or other vegetation may make provision:
(a)  for development control plans to specify the species or kinds of trees or other vegetation included in or excluded from the relevant provisions, and
(b)  for the grant of permission to remove or otherwise affect trees or other vegetation, and for a refusal to grant permission to be treated as a refusal or failure to grant development consent under and for the purposes of Part 4.
Note. Section 5C provides that a reference to the Threatened Species Conservation Act 1995, in relation to the critical habitat of fish or marine vegetation, is taken to be a reference to Part 7A of the Fisheries Management Act 1994.

27   Owner-initiated acquisition of land reserved for public purposes

(1)  An environmental planning instrument that reserves land for use exclusively for a purpose referred to in section 26 (1) (c) must specify an authority of the State that will be the relevant authority to acquire the land if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  Section 21 of the Land Acquisition (Just Terms Compensation) Act 1991 applies for the purposes of determining whether an environmental planning instrument reserves land for use exclusively for a purpose referred to in section 26 (1) (c).
(3)  An environmental planning instrument (whenever made) is not to be construed as requiring an authority of the State to acquire land, except as required by Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991.
(4)  Subsection (3) applies despite:
(a)  any provision of an environmental planning instrument (whenever made) to the contrary, or
(b)  the service of a notice to acquire the land on an authority of the State on or after the day on which notice was given in Parliament for leave to introduce the Bill for the Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006.

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.
(6)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.

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 State significant development or 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, 33   (Repealed)

33A   Standardisation of environmental planning instruments

(1)  The Governor may, by order published on the NSW legislation website, prescribe the standard form and content of local environmental plans or other environmental planning instruments (a standard instrument).
(2)  An environmental planning instrument may be made in the form of:
(a)  a declaration that the applicable mandatory provisions of a standard instrument are adopted, and
(b)  the prescription of the matters required to be prescribed for the purposes of the application of the mandatory provisions of the standard instrument (such as the adoption of land zoning or other maps), and
(c)  the prescription of any other matters permitted to be prescribed by an environmental planning instrument, including non-mandatory provisions of the standard instrument (with or without modification) or additional provisions.
(3)  When an environmental planning instrument is made with such a declaration, the instrument has the form and content of the applicable mandatory provisions of the standard instrument and the matters so prescribed.
(4)  If the mandatory provisions of a standard instrument so adopted are amended by a further order under subsection (1) or by an Act after they are adopted, the environmental planning instrument is taken (without further amendment) to adopt the amended provisions of the standard instrument on and from the date the amendment to the standard instrument takes effect.
(5)  The order that amends a standard instrument may make provision of a savings or transitional nature consequent on the amendment of the standard instrument.
(6)  Where a standard instrument has been adopted, the provisions of the environmental planning instrument (other than the mandatory provisions of the adopted standard instrument) may be amended from time to time by another environmental planning instrument or in accordance with any Act.
(7)  A standard instrument may:
(a)  provide that a provision is a mandatory provision only in the circumstances specified in the instrument, and
(b)  contain requirements or guidance as to the form or content of a non-mandatory provision.
(8)  The adoption of the provisions of a standard instrument in an environmental planning instrument is taken to be a matter of State environmental planning significance for the purposes of this Act.
(8A)  An environmental planning instrument may be made under this Part without compliance with the provisions of this Part relating to the conditions precedent to the making of the instrument if:
(a)  the instrument adopts the provisions of a standard instrument for the purposes of replacing instruments that apply to the land concerned (being existing instruments that do not adopt the provisions of a standard instrument), and
(b)  the Minister is of the opinion that the replacement instrument does not make any substantial changes to the general effect of the existing instrument or instruments.
(9)  Subject to this Act and the regulations, the form and subject-matter of an environmental planning instrument is (if there is no applicable standard instrument) to be as determined by the Minister.
(10)  In this section:

amend includes alter or vary.

form includes structure.

33B   Staged repeal and review of environmental planning instruments

(1)  In order to facilitate the staged implementation of standard instruments and the periodic review of existing instruments, the Minister may, by order published on the NSW legislation website, establish a staged repeal program for existing environmental planning instruments.
(2)  The staged repeal program may include provision for or with respect to the following:
(a)  the repeal of designated environmental planning instruments at specified times during the period of the program,
(b)  requirements for the preparation and making of replacement instruments (including the times by which proposals for replacement instruments are to be submitted to the Director-General or the Minister),
(c)  the postponement of the repeal of particular instruments when the making of a replacement instrument is delayed,
(d)  the periodic review by a council of environmental planning instruments (other than State environmental planning policies) applying in its area and the submission of reports of each review to the Director-General.
(3)  At the time specified by the staged repeal program for the repeal of a designated environmental planning instrument, the instrument is repealed by the operation of this section.
(4)  The Minister may, under Division 4, make a local environmental plan to take effect on the repeal of an instrument under this section pending the making of a replacement instrument in accordance with this Act. Any such plan made by the Minister is to adopt the mandatory provisions of a standard instrument (with the prescriptions the Minister considers necessary in the particular circumstances).
(5)  For the purposes of subsection (4):
(a)  a local environmental plan made pursuant to that subsection is not required to comply with the conditions precedent in Division 4 for the making of an environmental planning instrument, and
(b)  (Repealed)
(c)  the council is to provide the Minister, when requested, with copies of any maps or other relevant documents prepared or held by the council.

The Minister may direct the council to pay to the Director-General such amount as the Director-General determines will meet the reasonable costs incurred on behalf of the Minister by the Department for the purposes of making the plan under subsection (4).

Note. See section 118 (1A) in relation to the power to appoint an administrator to exercise plan-making functions when a council fails to comply with the requirements of the staged repeal program for the preparation or making of a replacement instrument.

33C   Public access to environmental planning instruments and related documents

For the purpose of facilitating electronic or other public access to environmental planning instruments and any development control plans, contributions plans or other documents under this Act:
(a)  the Minister may determine standard technical requirements with respect to the preparation of those instruments, plans or other documents and of the maps or other documents that are referred to in (or adopted under) them, and
(b)  a council is to provide the Director-General, when requested, with copies and electronic files (in a specified format) of any such instruments, plans, maps or other documents prepared or held by the council.

34   Environmental planning instruments—making, operation and inspection

(1)–(4)  (Repealed)
(5)  An environmental planning instrument shall:
(a)  be published on the NSW legislation website, and
(b)  commence on and from the date of publication or a later date specified in the instrument.
(5A)  Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument.
(5B)  Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published on the NSW legislation website after the day on which one or more of its provisions is expressed to commence. In that case, the provisions concerned commence on and from the day the instrument is published on the NSW legislation website, instead of on and from the earlier day.
(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-General 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-General 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 on the NSW legislation website 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.
Note. An environmental planning instrument is an instrument for the purposes of the Interpretation Act 1987, and accordingly standard provisions under that Act applying to statutory instruments apply to environmental planning instruments.

34A   Special consultation procedures concerning threatened species

(1)  In this section, the relevant authority means:
(a)  in the case of a proposed SEPP—the Director-General, or
(b)  in the case of a proposed LEP—the relevant planning authority.
(2)  Before an environmental planning instrument is made, the relevant authority must consult with the Director-General of the Department of Environment, Climate Change and Water if, in the opinion of the relevant authority, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be adversely affected by the proposed instrument.
(3)  For the purposes of the consultation, the relevant authority is to provide such information about the proposed instrument as would assist in understanding its effect (including information of the kind prescribed by the regulations).
(4)  The consultation in relation to a proposed local environmental plan is to commence after a decision under section 56 (Gateway determination) that the matter should proceed, unless the regulations otherwise provide.
(5)  The Director-General of the Department of Environment, Climate Change and Water may comment to the relevant authority on the proposed instrument within the following period after the consultation commences:
(a)  the period agreed between that Director-General and the relevant authority,
(b)  in the absence of any such agreement, the period of 21 days or such other period as is prescribed by the regulations.
(6)  The consultation required by this section is completed when the relevant authority has considered any comments so made.
(7)  In this section, a reference to the Director-General of the Department of Environment, Climate Change and Water includes, in the application of this section to fish and marine vegetation, a reference to the Director-General of the Department of Industry and Investment.

34B   Special provision for development in Sydney water catchment relating to water quality

(1)  In this section, Sydney drinking water catchment means a catchment area of the State to which the Sydney Water Catchment Management Act 1998 applies that is declared by a State Environmental Planning Policy to be the Sydney drinking water catchment.
(2)  Provision is to be made in a State Environmental Planning Policy requiring a consent authority to refuse to grant consent to a development application relating to any part of the Sydney drinking water catchment unless the consent authority is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on the quality of water.
(3)  Pending a declaration under subsection (1), the hydrological catchment (within the meaning of the Drinking Water Catchments Regional Environmental Plan No 1, as in force on that commencement) is taken to be the Sydney drinking water catchment.
Note. Schedule 6 provides that regional environmental plans are taken to be SEPPs as a consequence of the repeal of provisions of this Act relating to the making of regional environmental plans.
(4)  The Minister is not to recommend the making of a State Environmental Planning Policy that relates to the declaration of the Sydney drinking water catchment unless:
(a)  the Minister administering the Sydney Water Catchment Management Act 1998 approves of the declaration, and
(b)  the Minister administering the Protection of the Environment Operations Act 1997 has been consulted about the declaration.

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 on the NSW legislation website.

36   Inconsistency between instruments

(1)  In the event of an inconsistency between environmental planning instruments and unless otherwise provided:
(a)  there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and
(b)  (Repealed)
(c)  the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind.
(2), (3)  (Repealed)
(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 SEPPs

37   Governor may make environmental planning instruments (SEPPs)

(1)  The Governor may make environmental planning instruments for the purpose of environmental planning by the State. Any such instrument may be called a State environmental planning policy (or SEPP).
(2)  Without limiting subsection (1), an environmental planning instrument may be made by the Governor to make provision with respect to any matter that, in the opinion of the Minister, is of State or regional environmental planning significance.

38   Consultation requirements

Before recommending the making of an environmental planning instrument by the Governor, the Minister is to take such steps, if any, as the Minister considers appropriate or necessary:
(a)  to publicise an explanation of the intended effect of the proposed instrument, and
(b)  to seek and consider submissions from the public on the matter.
Note. See also section 34A.

39   (Repealed)

Division 3

40–52(Repealed)

Division 4 LEPs

53   Minister may make environmental planning instruments for local areas (LEPs)

(1)  The Minister may make environmental planning instruments for the purpose of environmental planning:
(a)  in each local government area, and
(b)  in such other areas of the State (including the coastal waters of the State) as the Minister determines.
(2)  Any such instrument may be called a local environmental plan (or LEP).

54   Relevant planning authority

(1)  For the purposes of this Part, the relevant planning authority in respect of a proposed instrument is as follows:
(a)  the council for the local government area to which the proposed instrument is to apply, subject to paragraph (b),
(b)  the Director-General or any other person or body prescribed by the regulations if the Minister so directs under subsection (2).
(2)  The Minister may direct that the Director-General (or any other person or body prescribed by the regulations) is the relevant planning authority for a proposed instrument in the following cases:
(a)  the proposed instrument relates to a matter that, in the opinion of the Minister, is of State or regional environmental planning significance,
(b)  the proposed instrument makes provision that, in the opinion of the Minister, is consequential on the approval of the concept plan for a project under Part 3A, is consequential on the making of another environmental planning or other instrument or is consequential on changes made to a standard instrument under section 33A,
(c)  the Planning Assessment Commission or a joint regional planning panel has recommended to the Minister that the proposed instrument should be submitted for a determination under section 56 (Gateway determination) or that the proposed instrument should be made,
(d)  the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed instrument or has not carried out those obligations in a satisfactory manner,
(e)  the proposed instrument is to apply to an area that is not within a local government area (subject to subsection (6)).
(3)  A relevant planning authority that is requested by the owner of any land to exercise its functions under this Division in relation to the land may, as a condition of doing so, require the owner to carry out studies or provide other information concerning the proposal or to pay the costs of the authority in accordance with the regulations.
(4)  The Minister may, in a direction under this section, require a council to provide studies or other information in its possession relating to the proposed instrument to be provided to the person or body specified in the direction as the relevant planning authority for the proposed instrument.
(5)  Two or more relevant local authorities may together exercise the functions under this Division of a relevant planning authority in connection with the making of a single principal or amending instrument in relation to the whole of their combined areas.
(6)  A reference in this section to a local government area includes a reference to an adjoining area that is not within a local government area and that is designated as part of that local government area for the purposes of this Division by the Minister by order published in the Gazette.
Note. Section 117 enables directions to be given to councils or other relevant planning authorities on the exercise of functions under this Division in relation to the making of an instrument.

55   Relevant planning authority to prepare explanation of and justification for proposed instrument—the planning proposal

(1)  Before an environmental planning instrument is made under this Division, the relevant planning authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal).
(2)  The planning proposal is to include the following:
(a)  a statement of the objectives or intended outcomes of the proposed instrument,
(b)  an explanation of the provisions that are to be included in the proposed instrument,
(c)  the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117),
(d)  if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument,
(e)  details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument.
(3)  The Director-General may issue requirements with respect to the preparation of a planning proposal.

56   Gateway determination

(1)  After preparing a planning proposal, the relevant planning authority may forward it to the Minister.
(2)  After a review of the planning proposal, the Minister is to determine the following:
(a)  whether the matter should proceed (with or without variation),
(b)  whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal),
(c)  community consultation required before consideration is given to the making of the proposed instrument (the community consultation requirements),
(d)  any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument,
(e)  whether a public hearing is to be held into the matter by the Planning Assessment Commission or other specified person or body,
(f)  the times within which the various stages of the procedure for the making of the proposed instrument are to be completed.
(3)  A determination of the community consultation requirements includes a determination under section 73A (or other provision of this Act) that the matter does not require community consultation.
(4)  The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category.
(5)  The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Planning Assessment Commission or a joint regional planning panel:
(a)  if there has been any delay in the matter being finalised, or
(b)  if for any other reason the Minister considers it appropriate to do so.
(6)  The relevant planning authority may, at any time, forward a revised planning proposal to the Minister.
(7)  The Minister may, at any time, alter a determination made under this section.
(8)  A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under section 57, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that section.

57   Community consultation

(1)  Before consideration is given to the making of a local environmental plan, the relevant planning authority must consult the community in accordance with the community consultation requirements for the proposed instrument.
(2)  The planning proposal (as revised to comply with the determination under section 56 and in a form approved by the Director-General) is to be made publicly available during the period of community consultation. Detailed provisions may be summarised instead of being set out in full if the Director-General is satisfied that the summary provides sufficient details for community consultation.
(3)  During the period of community consultation, any person may make a written submission to the relevant planning authority concerning the matter (other than any matter that is mandatory under an applicable standard instrument under section 33A).
(4)  The relevant planning authority may (but need not) make publicly available, in accordance with the community consultation requirements, the submissions made concerning a matter (or a summary of or report on any such submissions).
(5)  If:
(a)  a person making a submission so requests, and
(b)  the relevant planning authority considers that the issues raised in a submission are of such significance that they should be the subject of a hearing,
the relevant planning authority is to arrange a public hearing on the issues raised in the submission.
(6)  The relevant planning authority may arrange a public hearing on any issue whether or not a person has made a submission concerning the matter.
(7)  A report of any public hearing is to be furnished to the relevant planning authority and may be made publicly available by that authority.
(8)  The consultation required by this section is completed when the relevant planning authority has considered any submissions made concerning the proposed instrument and the report of any public hearing.

58   Relevant planning authority may vary proposals or not proceed

(1)  The relevant planning authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason.
(2)  If it does so, the relevant planning authority is to forward a revised planning proposal to the Minister.
(3)  Further community consultation under section 57 is not required unless the Minister so directs in a revised determination under section 56.
(4)  The relevant planning authority may also, at any time, request the Minister to determine that the matter not proceed.

59   Making of local environmental plan by Minister

(1)  The Director-General is to make arrangements for the drafting of any required local environmental plan to give effect to the final proposals of the relevant planning authority. The Director-General is to consult the relevant planning authority, in accordance with the regulations, on the terms of any such draft instrument.
(2)  The Minister may, following completion of community consultation:
(a)  make a local environmental plan (with or without variation of the proposals submitted by the relevant planning authority) in the terms the Minister considers appropriate, or
(b)  decide not to make the proposed local environmental plan.
(3)  The Minister may defer the inclusion of a matter in a proposed local environmental plan.
(4)  If the Minister does not make the proposed local environmental plan or defers the inclusion of a matter in a proposed local environmental plan, the Minister may specify which procedures under this Division the relevant planning authority must comply with before the matter is reconsidered by the Minister.

60   Regulations

The regulations may make further provision with respect to the making of environmental planning instruments under this Division, including:
(a)  requirements with respect to consultation about proposed instruments by a relevant planning authority with particular persons or bodies, and
(b)  requirements with respect to planning proposals and the submission of other related reports and documents, and
(c)  requirements with respect to advertising in connection with community consultation on proposed instruments, and
(d)  provisions relating to consultation by the Director-General with relevant planning authorities and others on the drafting of proposed instruments, and
(e)  requirements for concurrence of public authorities in relation to the reservation of land for a purpose referred to in section 26 (1) (c).
Note. The Interpretation Act 1987 applies to environmental planning instruments.

61–72   (Repealed)

Division 4A

72A–72H(Repealed)

Division 4B Instrument amendments and development applications

72I   Application of Division

(1)  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.
(2)  This Division also applies in respect of applications and approvals under Part 3A, and references to a development application, a consent authority or a consent are to be construed accordingly.
(3)  A reference in this Division to the appropriate amendment of an environmental planning instrument includes a reference to the making of an appropriate principal environmental planning instrument.

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 making of a proposed 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 if that is practicable or, if that is not practicable, as closely together as is practicable.
(2)  The period during which the public may inspect the documents relating to the proposed environmental planning instrument and the development application the subject of the same notice, if those periods are different, is to be the longer of them.
(3)  If the proposed environmental planning instrument makes the development the subject of the development application State significant development or 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 State significant development or designated development.

72L   (Repealed)

Division 5 Review and amendment of environmental planning instruments

73   Review of environmental planning instruments

The Director-General shall keep State environmental planning policies 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.

73A   Expedited amendments of environmental planning instruments

(1)  An amending environmental planning instrument may be made under this Part without compliance with the provisions of this Part relating to the conditions precedent to the making of the instrument if the instrument, if made, would amend or repeal a provision of a principal instrument in order to do any one or more of the following:
(a)  correct an obvious error in the principal instrument consisting of a misdescription, the inconsistent numbering of provisions, a wrong cross-reference, a spelling error, a grammatical mistake, the insertion of obviously missing words, the removal of obviously unnecessary words or a formatting error,
(b)  address matters in the principal instrument that are of a consequential, transitional, machinery or other minor nature,
(c)  deal with matters that the Minister considers do not warrant compliance with the conditions precedent for the making of the instrument because they will not have any significant adverse impact on the environment or adjoining land.
(2)  A reference in this section to an amendment of an instrument includes a reference to the amendment or replacement of a map adopted by an instrument.

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)  (Repealed)
(3)  In this section, amended includes altered, varied or repealed.

74A   Application of Division

This Division is subject to sections 33A and 33B.

Division 6 Development control plans

74B   Definition (DCPs)

(1)  In this Division:

relevant planning authority, in relation to any matter, means the council of the area to which the matter relates or the Director-General. However, the council is not the relevant planning authority in relation to a SEPP and the Director-General is not the relevant planning authority in relation to a LEP for which a council is the relevant planning authority under Division 4.

(2)  A reference in this Division to an environmental planning instrument includes a reference to any such proposed instrument.

74C   Preparation of development control plans

(1)  The relevant planning authority may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable:
(a)  to make more detailed provision with respect to development to achieve the purpose of an environmental planning instrument applying to the land concerned, or
(b)  to identify development as advertised development (so as to make additional but not inconsistent requirements to those imposed by the regulations in relation to development applications), or
(c)  to provide for (or exclude) public or particular advertising or notification of any of the following:
(i)  a development application for specified development (other than State significant development or designated development or advertised development),
(ii)  a request for the review of a determination of a development application where the applicant for review makes amendments to the development described in the original development application,
(iii)  an application for the modification of a development consent for specified development (including advertised development but not State significant development or designated development), or
(iv)  (Repealed)
(d)  in the case of a council—to specify criteria (in addition to but not inconsistent with any criteria prescribed by the regulations) that the council is to take into consideration in determining whether or not to give an order under Division 2A of Part 6, or
(e)  to make provision for anything permitted by this Act to be prescribed by a development control plan.
Note. See for example section 26 (4) (a).
(2)  Only one development control plan made by the same relevant planning authority may apply in respect of the same land. This subsection does not apply to:
(a)  a plan prepared for the purposes of subsection (1) (d) or for any other purpose prescribed by the regulations, or
(b)  a plan prepared for the purpose of amending an existing plan.

If this subsection is not complied with, all the development control plans concerned have no effect.

Note. A planning authority may prepare one development control plan for the whole of its area or one plan for each precinct or locality in its area, or prepare one plan for a site (and exclude that site from the area to which other plans apply).
(3)  A development control plan may adopt by reference the provisions of another development control plan.
(4)  A development control plan may amend, substitute or revoke another development control plan.
(5)  A provision of a development control plan (whenever made) has no effect to the extent that:
(a)  it is the same or substantially the same as the provision of an environmental planning instrument applying to the same land, or
(b)  it is inconsistent with a provision of any such instrument or its application prevents compliance with a provision of any such instrument.

74D   Development control plans required or authorised by environmental planning instruments

(1)  An environmental planning instrument may require or permit a development control plan to be prepared before any particular development or kind of development may be carried out (and make provision with respect to the preparation and content of any such plan).
(2)  Any such development control plan may outline the development of all the land to which it applies.
(3)  Any such development control plan may be prepared (and submitted to the relevant planning authority) by the owners of the land to which it applies or by such percentage of those owners as the environmental planning instrument concerned allows. A person authorised by those owners may act on their behalf for the purposes of this subsection.
(4)  The relevant planning authority may make a development control plan submitted to it under this section, including with such changes as it thinks fit.
(5)  If the relevant planning authority refuses to make a development control plan submitted to it under this section (or delays by more than 60 days to make a decision on whether to make the plan):
(a)  the owners may make a development application despite the requirement of the environmental planning instrument concerned for the preparation of a development control plan, or
(b)  the Minister may act in the place of the relevant planning authority to make the plan (with or without modification), but only if the environmental planning instrument concerned authorises the Minister to do so.
(6)  The regulations may extend the period of 60 days referred to in subsection (5) in connection with any failure by the owners to provide further information required by the relevant planning authority for the purposes of making the plan.
Note. Section 75M provides that a concept plan may be submitted for a project to which Part 3A applies as an alternative to a development control plan required by an environmental planning instrument. Section 83C provides that a staged development application may be made for development requiring consent under Part 4 as an alternative to a development control plan required by an environmental planning instrument.

74E   Miscellaneous provisions relating to development control plans

(1)  The regulations may make provision for or with respect to development control plans, including:
(a)  the form, structure and subject-matter of development control plans, and
(b)  the procedures for the preparation, public exhibition, making, amendment and repeal of development control plans, and
(c)  the fees payable to the relevant planning authority by owners submitting draft development control plans under section 74D.
(2)  The staged repeal program under section 33B may be extended to development control plans, and for that purpose a reference in that section to an environmental planning instrument is taken to include a reference to a development control plan.
(3)  An environmental planning instrument may exclude or modify the application of development control plans in respect of land to which the instrument applies (whether the plan was prepared before or after the making of the instrument).
(4)  A development control plan must be available for public inspection (without charge):
(a)  at the principal office of the relevant planning authority that prepared the plan, and
(b)  in such other manner as is prescribed by the regulations.

74F   Minister may direct councils with respect to development control plans

(1)  The Minister may, subject to the regulations (if any), direct a council to make, amend or revoke a development control plan in the time and manner specified in the direction.
(2)  A council to which a direction is given under this section must comply with the direction in accordance with its terms.
(3)  If a council fails to comply with a direction of the Minister under this section, the Minister may make, amend or revoke the development control plan as if the Minister were the council.
(4)  A development control plan made, amended or revoked by the Minister under this section has effect, or ceases to have effect as the case may be, as if it were made, amended or revoked by the council.
(5)  The Minister in making, amending or revoking a development control plan under this section is not subject to the regulations.
(6)  Section 74C (2) does not apply to development control plan made by or at the direction of the Minister under this section.
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