1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
4A (Repealed)
4B Subdivision of land
5 Objects
5A Significant effect on threatened species, populations or ecological communities, or their habitats
5B Planning authorities to have regard to register of critical habitat
5C Application of Act with respect to threatened species conservation—fish and marine vegetation
5D Application of Act to vulnerable ecological communities
6 Act to bind Crown
7 Responsibility of the Minister
8 Minister to be corporation sole for certain purposes
9 Power to acquire land etc
10 Application of Public Works Act 1912
11 Functions of corporation
12 Notification of interests
Division 2 The Director-General
13 Director-General of Department of Infrastructure, Planning and Natural Resources
14 (Repealed)
15 Functions of the Director-General
16 (Repealed)
17 Use of services of public authorities
Division 4 Commissioners of Inquiry
18 Commissioners of Inquiry
19 (Repealed)
20 Local Government Liaison Committee
21 (Repealed)
22 Establishment of other committees
23 Delegation
Part 3 Environmental planning instruments
24 Making of environmental planning instruments and the application of objects thereto
25 Statement of aims etc in environmental planning instruments
26 Contents of environmental planning instruments
27 Owner-initiated acquisition of land reserved for public purposes
28 Suspension of laws etc by environmental planning instruments
29 Designated development: declaration by environmental planning instruments
29A Advertised development
30 Consents and concurrences
31 Prohibitions
32, 33 (Repealed)
33A Standardisation of local and other environmental planning instruments
33B Staged repeal and review of environmental planning instruments
33C Public access to environmental planning instruments and related documents
34 Environmental planning instruments—making, operation and inspection
34A Consultation with Director-General of National Parks and Wildlife about preparation of studies or instruments
35 Validity of instruments
36 Inconsistency between instruments
Division 2 State environmental planning policies
37 Decision or direction to prepare draft State environmental planning policy
38 (Repealed)
39 Making of State environmental planning policies by the Governor
Division 3 Regional environmental plans
40 Decision or direction to prepare draft regional environmental plan
41 Preparation of environmental study
42, 43 (Repealed)
44 Preparation of draft regional environmental plan
45 Notification
46 Information from public authorities
47 Public exhibition of draft regional environmental plan
48 Submissions
49 Consideration of submissions and amendment of draft plan
50 Submission of draft regional environmental plan to the Minister
51 Making of regional environmental plans by the Minister
51A, 52 (Repealed)
Division 4 Local environmental plans
53 Definition
54 Decision to prepare draft local environmental plan
55 Directions from Minister for the preparation of local environmental plan
56 (Repealed)
57 Preparation of environmental study
58–60 (Repealed)
61 Council’s responsibilities in preparing draft local environmental plan
62 Consultation
63 Information from public authorities
64 Submission of copy of draft local environmental plan to Department
65 Certificate of Director-General
66 Public exhibition of draft local environmental plan
67 Making of submissions
68 Consideration of submissions
69 Report by Director-General
70 Making of local environmental plan
71, 72 (Repealed)
Division 4A Applications for the preparation of local environmental plans
72A Making of application
72B Preparation of local environmental plan and advertising of development application
72C Consideration and making of plan
72D Determination of development application by council
72E Appeals
72F Making of local environmental plan following decision of Court
72G Date from which consent operates
72H Application of Divisions 1 and 5 and Part 4
Division 4B Instrument amendments and development applications
72I Application of Division
72J Making and consideration of certain development applications
72K Joint exhibition of instrument and advertising of application
72L Commission of Inquiry
Division 5 Review and amendment of environmental planning instruments
73 Review of environmental planning instruments
73A Minor amendments of environmental planning instruments
74 Amendment of environmental planning instruments
74A Application of Division
Division 6 Development control plans
74B Definition
74C Preparation of development control plans
74D Development control plans required or authorised by environmental planning instruments
74E Miscellaneous provisions relating to development control plans
Part 3A Major infrastructure and other projects
75A Definitions
75B Projects to which Part applies
75C Critical infrastructure projects
Division 2 Environmental assessment and approval of projects
75D Minister’s approval required for projects
75E Application for approval of project
75F Environmental assessment requirements for approval
75G Independent hearing and assessment panels
75H Environmental assessment and public consultation
75I Director-General’s environmental assessment report
75J Giving of approval by Minister to carry out project
75K Appeals by proponent
75L Appeals by an objector
Division 3 Concept plans for certain projects
75M Submission of concept plan for project
75N Environmental assessment, panel report, public consultation and Director-General’s report for concept plan
75O Giving of approval for concept plan
75P Determinations with respect to project for which concept plan approved
75Q Appeal by proponent
Division 4 Application of other provisions of this and other Acts
75R Application of other provisions of Act
75S Erection and occupation of buildings and subdivision of land
75T Third-party appeals—critical infrastructure projects
75U Approvals etc legislation that does not apply
75V Approvals etc legislation that must be applied consistently
75W Modification of Minister’s approval
75X Miscellaneous provisions relating to approvals under this Part
75Y Lapsing of approvals
75Z Regulations for purposes of Part
75ZA Transitional arrangements
Note
Division 1 Carrying out of development—the threefold classification
76 Development that does not need consent
76A Development that needs consent
76B Development that is prohibited
76C Relationship of this Division to this Act
Division 2 The procedures for development that needs consent
77 Application of Division
77A Designated development
78 The development consent process—the main steps
78A Application
79 Public participation—designated development
79A Public participation—advertised development and other notifiable development
79B Consultation and concurrence
79BA Consultation and development consent—certain bush fire prone land
79C Evaluation
80 Determination
80A Imposition of conditions
81 Post-determination notification
81A Effects of development consents and commencement of development
82 Circumstances in which consent is taken to have been refused
82A Review of determination
83 Date from which consent operates
Division 2A Special procedures concerning staged development applications
83A Application of this Division
83B Staged development applications
83C Staged development applications as alternative to dcp required by environmental planning instruments
83D Status of staged development applications and consents
Division 3 Special procedure for complying development
Note
84 Application of this Division
84A Carrying out of complying development
84B (Repealed)
85 What is a “complying development certificate”?
85A Process for obtaining complying development certificates
86 Commencement of complying development
86A Duration of complying development certificate
87 Modification of complying development
88–89A(Repealed)
Division 5 Special procedure for integrated development
90 Application of this Division
90A Definitions
91 What is “integrated development”?
91A Development that is integrated development
92 (Repealed)
92A Effect of giving notice
93 Granting and modification of approval by approval body
93A Effect of approval if the approval body is also a concurrence authority
93B Rights of appeal
Division 6 Development contributions
93C Definitions
93D Relationship to planning instruments
93E Provisions relating to money etc contributed under this Division
Subdivision 2 Planning agreements
93F Planning agreements
93G Information about planning agreements
93H Registered planning agreements to run with land
93I Circumstances in which planning agreements can or cannot be required to be made
93J Jurisdiction of Court with respect to planning agreements
93K Determinations or directions by Minister
93L Regulations—planning agreements
Subdivision 3 Development consent contributions
94 Contribution towards provision or improvement of amenities or services
94A Fixed development consent levies
94B Section 94 or 94A conditions subject to contributions plan
94C Cross-boundary issues
94D Section 94 or 94A conditions imposed by Minister or Director-General in growth centres etc
94E Directions by Minister
Subdivision 4 Development contributions plans
94EA Contributions plans—making
94EB Contributions plans—judicial notice, validity etc
94EC Contributions plans—complying development
Division 6A Conditions requiring land or contributions for affordable housing
94F Conditions requiring land or contributions for affordable housing
94G Provision of affordable housing
Division 7 Post-consent provisions
95 Lapsing of consent
95A Extension of lapsing period for 1 year
95B (Repealed)
96 Modification of consents—generally
96AA Modification by consent authorities of consents granted by the Court
96A Revocation or modification of development consent
Division 8 Appeals and related matters
97 Appeal by an applicant—development applications
98 Appeal by an objector
98A Appeal concerning security
99 Joint hearing of certain appeals
100 Register of consents and certificates
101 Validity of development consents and complying development certificates
102 Non-compliance with certain provisions regarding State significant development
103 Revocation or regrant of development consents after order of Court
104 Appeals and other provisions relating to development consents after order of Court
104A Voluntary surrender of development consent
105 Regulations—Part 4
105A Transitional—amendment to list of vulnerable species
106 Definition of “existing use”
107 Continuance of and limitations on existing use
108 Regulations respecting existing use
109 Continuance of and limitations on other lawful uses
109A Uses unlawfully commenced
109B Saving of effect of existing consents
Part 4A Certification of development
109C Part 4A certificates
109D Certifying authorities
109E Principal certifying authorities
109EA Replacement of principal certifying authorities
109F Restriction on issue of construction certificates
109G Restriction on issue of compliance certificates
109H Restrictions on issue of occupation certificates
109I Effect of occupation certificate on earlier occupation certificates
109J Restriction on issue of subdivision certificates
109K Appeals against failure or refusal to issue Part 4A certificates
109L Accredited certifiers may issue notices requiring work to be carried out
109M Occupation and use of new building requires occupation certificate
109N Change of building use of existing building requires occupation certificate
109O Certifying authorities may be satisfied as to certain matters
109P Satisfaction as to compliance with conditions precedent to the issue of certificates
109Q Regulations under Part 4A
Part 4B Accreditation of certifiers
109R Definitions
Division 2 Accreditation of certifiers
109S Authorisation of accreditation bodies
109T Accreditation of accredited certifiers
109U (Repealed)
Division 3 Disciplinary proceedings
109V Persons who may make complaints
109W Investigation by accreditation body of complaints
109X Powers of accreditation body in investigation of complaint
109Y Investigation into complaint to be conducted expeditiously
109Z Decision after investigation of complaint
109ZA Tribunal may make certain disciplinary findings
109ZB Tribunal may award costs
109ZC Appeals to Appeal Panel against decisions and orders of the Tribunal
109ZD Duty of confidentiality of client communications
109ZE Confidential information in statement of reasons
109ZF General provisions concerning disciplinary proceedings
109ZG Conflicts of interest
109ZH False representations
Part 4C Liability and insurance
109ZI Definitions
109ZJ (Repealed)
109ZK Limitation on time when building action or subdivision action may be brought
109ZL Division not to affect rights to recover damages for death or personal injury
109ZM Application of Division
109ZN Accredited certifiers
109ZO Building practitioners
109ZP Regulations under this Division
Part 5 Environmental assessment
110 Definitions
110A Nomination of nominated determining authority
110B Determining authorities taken to be proponents of activities
110C Determining authorities to have regard to register of critical habitat
110D Transitional—amendment of list of vulnerable species
Division 2 Duty of determining authorities to consider environmental impact of activities
111 Duty to consider environmental impact
111A Exemption
Division 3 Activities for which EIS required
112 Decision of determining authority in relation to certain activities
112A Determining authorities to have regard to recovery plans and threat abatement plans
112B Consultation with Minister for the Environment if Minister is determining authority
112C Concurrence of or consultation with Director-General of National Parks and Wildlife if Minister is not determining authority
112D Matters to be considered by Director-General of National Parks and Wildlife as concurrence authority
112E Matters to be considered by Minister or Director-General of National Parks and Wildlife when consulted
113 Publicity and examination of environmental impact statements
114 Consideration of findings and recommendations of Commission of Inquiry
115 Regulations
115A–115F(Repealed)
Division 5 Environmental assessment of fishing activities
115G Definitions
115H Principles guiding administration of Division
115I Application of Division to designated fishing activities
115J Designated fishing activities to be assessed under this Division
115K Environmental impact statements to be prepared
115L Publicity and examination of environmental impact statements
115M Public inquiry into designated fishing activity
115N Special provisions relating to threatened species conservation
115O Determination with respect to environmental assessment
115P Approval of Minister administering this Act required for designated fishing activity where Fisheries Minister is or is declared to be proponent
115Q Re-assessment of designated fishing activity
115R Application of other provisions of this Act
115S Transitional—amendment to list of vulnerable species
Part 5A Development by the Crown
116A Relationship between Parts 4 and 5A
116B References to the Crown
116C Determination of Crown development applications
116D Reference of undetermined applications to the Minister
116E Negotiating determination of development application
116F Modification of Crown development consents
116G Building, demolition and incidental work
116H Applicant’s rights of appeal
Part 6 Implementation and enforcement
116 (Repealed)
117 Directions by the Minister
117A Inquiry into councils by Director-General of Department of Local Government
117B (Repealed)
118 Appointment of environmental planning administrator
Division 1A Local enforcement powers
118A Power of entry
118B Inspections and investigations
118C Notice of entry
118D Use of force
118E Notification of use of force or urgent entry
118F Care to be taken
118G Recovery of cost of entry and inspection
118H Compensation
118I Authority to enter premises
118J In what circumstances can entry be made to a residence?
118K Search warrants
118L Special provision with respect to fire brigades
118M Councils to carry out fire-safety inspections on request of Commissioner of NSW Fire Brigades
118N Obstruction of authorised persons
Division 1B Investigation of certifying authorities
118O Definitions
118P Investigation of councils acting as certifying authorities
118Q Investigation of accredited certifiers acting as certifying authorities
118R Powers of Departmental auditor
Division 2 Public inquiries and settlement of disputes
119 Public inquiry
119A Certain inquiries taken to be public inquiries for purposes of Local Government Act 1993
120 Procedure at inquiries
120A Additional procedural requirements where water approval is involved
121 Settlement of disputes
121A Definitions
121B Orders that may be given by consent authority or by Minister etc
121C Giving orders to public authorities
121D Circumstances in which compliance with secs 121F–121K is required
121E Effect of compliance with secs 121F–121K
121F Criteria to be considered before order is given
121G Orders that make or are likely to make residents homeless
121H Notice to be given of proposed order
121I Making of representations
121J Hearing and consideration of representations
121K Procedure after hearing and consideration of representations
121L Reasons for orders to be given
121M Period for compliance with order
121N Notice of right to appeal against order
121O Development consent or approval not required to comply with order
121P Order may specify standards and work that will satisfy those standards
121Q Compliance with order under sec 121P
121R Consent authority’s response to submission of particulars of work by owner
121S Orders affecting heritage items
121T Combined orders
121U Giving and taking effect of orders
121V Orders may be given to two or more persons jointly
121W Notice in respect of land or building owned or occupied by more than one person
121X Notice of giving of order No 16
121Y Effect of order on successors in title
121Z Compliance with orders by occupiers or managers
121ZA Occupier of land may be required to permit owner to carry out work
121ZB Notice of fire safety orders to be given to Commissioner of NSW Fire Brigades
121ZC Powers of fire brigades
121ZD Inspection reports by fire brigades
121ZE Details of orders and notices to be given to councils
121ZF Modification of orders
121ZG Revocation of orders
121ZH Minister may revoke or modify a council’s order
121ZI Limitation on Minister’s orders
121ZJ Failure to comply with order—carrying out of work by consent authority
121ZK Appeals concerning orders
121ZL Awarding of compensation concerning orders
121ZM Appeals concerning particulars of work submitted to person who gave order
121ZN Effect of appeal on order
121ZO Court’s powers not limited by this Division
121ZP Certificate as to orders
121ZQ Continuing effect of orders
Division 2B Monitoring and environmental audits—approved projects
122A Application of Division
122B Nature of monitoring and environmental audits
122C Minister may require monitoring or environmental audits by imposition of conditions on approved project
122D Provisions relating to conditions for monitoring and environmental audits
122E Offences
122F Self-incriminatory information and use of information
Division 2C Departmental enforcement powers
122G Purposes for which powers under Division may be exercised
122H Definitions: Division 2C
122I Appointment of authorised officers
Subdivision 2 Powers of entry and search of premises
122J Powers of authorised officers to enter premises
122K Entry into residential premises only with permission or warrant
122L Powers of authorised officers to do things at premises
122M Search warrants
122N Assistance to be given to authorised officers
122O Care to be taken and compensation
Subdivision 3 Power to obtain information or records
122P Application of Subdivision
122Q Requirement to provide information and records
122R Provisions relating to records
122S Power of authorised officers to require answers
122T Criminal proceedings relating to compliance with requirements under this Division
122U Provisions relating to requirements to furnish records, information or answer questions
122V Miscellaneous provisions relating to notices
Division 3 Orders of the Court
122 Definitions
123 Restraint etc of breaches of this Act
124 Orders of the Court
124AA Evidence of use of premises as backpackers’ hostel
124A Special provision where development consent tainted by corruption
125 Offences against this Act and the regulations
126 Penalties
127 Proceedings for offences
127A Penalty notices for certain offences
128 Department of Environment and Planning Account
129 Funds generally
130 Development Funds
131 Trust Fund
132 Constitution of development areas
133 Alteration or abolition of development area
134 Land to be in one development area only
135 Disallowance of constitution of development area
136 Right to charges and fees
137 Charges and fees fixed by regulation
138 Liability for charge or fee
139 Recovery of charges etc
140–142 (Repealed)
143 Assessment of loan commitments
144 Financial year
145 (Repealed)
Part 7A Liability in respect of contaminated land
145A Definitions
145B Exemption from liability—contaminated land
145C Contaminated land planning guidelines
146 Bush fire prone land
147 (Repealed)
148 Disclosure and misuse of information
148A Improper influence with respect to conduct of accredited certifier acting as certifying authority
149 Planning certificates
149A Building certificates
149B Applications for building certificates
149C Supply of information in connection with applications for building certificates
149D Obligations of council to issue building certificate
149E Effect of building certificate
149F Appeals with respect to building certificates
149G Record of building certificates
150 Evidence
151 Proof of ownership of land
152 Right to be heard
153 Notices
153A Delegation by public authorities
154 Transfer or amalgamation of land to which an environmental planning instrument applies
155, 156 (Repealed)
157 Regulations
158 Exclusion of personal liability
159 Savings, transitional and other provisions
Schedule 3 Local Government Liaison Committee
Schedule 5 Committee procedures