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3 (Repealed)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4A (Repealed)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 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14 (Repealed)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16 (Repealed)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
18(Repealed)
19–21 (Repealed)
22 Establishment of other committees
23 Delegation
23A Definitions
Division 2 Planning Assessment Commission
23B Planning Assessment Commission
23C Chairperson of Commission
23D Functions of Commission
23E Reviews by, and procedures of, Commission
23F No appeals against decisions by Commission after public hearings
Division 3 Joint regional planning panels
23G Joint regional planning panels
23H Regulations
Division 4 Independent hearing and assessment panels
23I Independent hearing and assessment panels
23J Regulations
Division 6 Matters relating to councils and council functions
23M Obligation to consult with council about certain decisions
23N Obligations of councils to assist Commission and regional panels
23O Recovery of certain costs
Part 3 Environmental planning instruments
24 Making of environmental planning instruments
25 (Repealed)
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32, 33 (Repealed)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 environmental planning instruments
33B Staged repeal and review of environmental planning instruments
33C Public access to environmental planning instruments and related documents
34 Environmental planning instruments—making, operation and inspection
34A Special consultation procedures concerning threatened species
34B Special provision for development in Sydney water catchment relating to water quality
35 Validity of instruments
36 Inconsistency between instruments
37 Governor may make environmental planning instruments (SEPPs)
38 Consultation requirements
39 (Repealed)
40–52(Repealed)
53 Minister may make environmental planning instruments for local areas (LEPs)
54 Relevant planning authority
55 Relevant planning authority to prepare explanation of and justification for proposed instrument—the planning proposal
56 Gateway determination
57 Community consultation
58 Relevant planning authority may vary proposals or not proceed
59 Making of local environmental plan by Minister
60 Regulations
61–72 (Repealed)
72A–72H(Repealed)
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 (Repealed)
Division 5 Review and amendment of environmental planning instruments
73 Review of environmental planning instruments
73A Expedited amendments of environmental planning instruments
74 Amendment of environmental planning instruments
74A Application of Division
Division 6 Development control plans
74B Definition (DCPs)
74C Preparation of development control plans
74D Development control plans required or authorised by environmental planning instruments
74E Miscellaneous provisions relating to development control plans
74F Minister may direct councils with respect to development control plans
Part 3A Major infrastructure and other projects
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 (Repealed)
75H Environmental assessment and public consultation
75I Director-General’s environmental assessment report
75J Giving of approval by Minister to carry out project
75JA Biobanking—special provisions
75K Appeals by proponent
75L Appeals by an objector
Division 3 Concept plans for certain projects
75M Application for approval of concept plan for project
75N Environmental assessment, public consultation and Director-General’s report for concept plan
75O Giving of approval for concept plan
75P Determinations with respect to project for which concept plan approved
75Q Appeal by proponent
Division 4 Application of other provisions of this and other Acts
75R Application of other provisions of Act
75S Erection and occupation of buildings and subdivision of land
75T Third-party appeals—critical infrastructure projects
75U Approvals etc legislation that does not apply
75V Approvals etc legislation that must be applied consistently
75W Modification of Minister’s approval
75X Miscellaneous provisions relating to approvals under this Part
75Y Lapsing of approvals
75YA Surrender of approvals and consents
75Z Regulations for purposes of Part
75ZA Savings, transitional and other provisions
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
82B Review where development application not accepted
82C Review procedures generally
82D Effect of review decisions
83 Date from which consent operates
Division 2A Special procedures concerning staged development applications
83A Application of this Division
83B Staged development applications
83C Staged development applications as alternative to dcp required by environmental planning instruments
83D Status of staged development applications and consents
Division 3 Special procedure for complying development
84 Application of this Division
84A Carrying out of complying development
84B (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 Definitions
89 Determination of Crown development applications
89A Directions by Minister
89B Modification of Crown development consents
Division 5 Special procedure for integrated development
90 Application of this Division
90A Definitions
91 What is “integrated development”?
91A Development that is integrated development
92 Consent authority may not refuse certain development applications
92A Effect of giving notice
93 Granting and modification of approval by approval body
93A Effect of approval if the approval body is also a concurrence authority
93B Rights of appeal
Division 6 Development contributions
93C Definitions
93D Relationship to planning instruments
93E Provisions relating to money etc contributed under this Division (other than Subdivision 4)
Subdivision 2 Planning agreements
93F Planning agreements
93G Information about planning agreements
93H Registered planning agreements to run with land
93I Circumstances in which planning agreements can or cannot be required to be made
93J Jurisdiction of Court with respect to planning agreements
93K Determinations or directions by Minister
93L Regulations—planning agreements
Subdivision 3 Local infrastructure contributions
94 Contribution towards provision or improvement of amenities or services
94A Fixed development consent levies
94B Section 94 or 94A conditions subject to contributions plan
94C Cross-boundary issues
94CA Public service or public amenity may be provided outside NSW
94D Section 94 or 94A conditions imposed by Minister or Director-General in growth centres etc
94E Directions by Minister
94EA Contributions plans—making
94EAA Contributions plans—making, amendment or repeal by Minister
94EB Contributions plans—judicial notice, validity etc
94EC Contributions plans—complying development
Subdivision 4 Special infrastructure contributions
94ED Provision of infrastructure
94EE Minister to determine development contributions
94EF Special infrastructure contributions
94EG Minister may make, amend or repeal special contributions areas
94EH Land contributed under this Subdivision
Subdivision 5 Establishment of Special Contributions Areas Infrastructure Fund
94EI Definition
94EJ Establishment of Fund
94EK Payments into Fund
94EL Payments out of Fund
94EM Investment of money in Fund
Division 6A Conditions requiring land or contributions for affordable housing
94F Conditions requiring land or contributions for affordable housing
94G Provision of affordable housing
Division 7 Post-consent provisions
95 Lapsing of consent
95A Extension of lapsing period for 1 year
95B (Repealed)
96 Modification of consents—generally
96AA Modification by consent authorities of consents granted by the Court
96AB Review where modification application refused or conditions imposed
96A Revocation or modification of development consent
Division 8 Appeals and related matters
97 Appeal by an applicant—development applications
97AA Appeal by applicant—modifications
97A Notice of appeals to be given and right to be heard
97B Costs payable if amended development application filed
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
Division 1 Certification of work and other matters
109C Part 4A certificates
109D Certifying authorities
109E Principal certifying authorities
109EA Replacement of principal certifying authorities
109F Restriction on issue of construction certificates
109G Restriction on issue of compliance certificates
109H Restrictions on issue of occupation certificates
109I Effect of occupation certificate on earlier occupation certificates
109J Restriction on issue of subdivision certificates
109K Appeals against failure or refusal to issue Part 4A certificates
109L Accredited certifiers may issue notices requiring work to be carried out
109M Occupation and use of new building requires occupation certificate
109N Change of building use of existing building requires occupation certificate
109O Certifying authorities may be satisfied as to certain matters
109P Satisfaction as to compliance with conditions precedent to the issue of certificates
109Q Regulations under Part 4A
Division 2 Crown building work and other Crown development
109R Building, demolition and incidental work
109S (Repealed)
109T–109ZH(Repealed)
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–109ZP(Repealed)
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
110E Exemptions for certain activities
Division 2 Duty of determining authorities to consider environmental impact of activities
111 Duty to consider environmental impact
111A (Repealed)
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 the Department of Environment, Climate Change and Water if Minister is not determining authority
112D Matters to be considered by Director-General of the Department of Environment, Climate Change and Water as concurrence authority
112E Matters to be considered by Minister or Director-General of the Department of Environment, Climate Change and Water when consulted
113 Publicity and examination of environmental impact statements
114 Consideration of findings and recommendations of Planning Assessment Commission
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 Reviews about designated fishing activity
115N Special provisions relating to threatened species conservation
115O Determination with respect to environmental assessment
115P Approval of Minister administering this Act required for designated fishing activity where Fisheries Minister is or is declared to be proponent
115Q Re-assessment of designated fishing activity
115R Application of other provisions of this Act
115RA Shark meshing
115S Transitional—amendment to list of vulnerable species
116A–116F (Repealed)
116G, 116GA
116H (Repealed)
Part 6 Implementation and enforcement
116 (Repealed)
117 Directions by the Minister
117A Inquiry into councils by Director-General of Department of Premier and Cabinet
117B Action that may be taken against council following investigation
Division 1AA Planning administrators and panels
117C Definitions
118 Appointment of planning administrator, planning assessment panel or regional panel
118AA Planning assessment panels
118AB Functions of planning administrators or panels
118AC Costs of planning administrator or planning assessment panel
118AD Council to assist planning administrator or panel
118AE Annual report on activities of planning administrators and planning assessment panels
118AF Regulations
118AG Protection for exercise of certain functions by Minister
Division 1A Local enforcement powers
118A Power of entry
118B Inspections and investigations
118BA Power of authorised persons to require answers and record evidence
118C Notice of entry
118D Use of force
118E Notification of use of force or urgent entry
118F Care to be taken
118G Recovery of cost of entry and inspection
118H Compensation
118I Authority to enter premises
118J In what circumstances can entry be made to a residence?
118K Search warrants
118L Special provision with respect to fire brigades
118M Councils to carry out fire-safety inspections on request of Commissioner of NSW Fire Brigades
118N Obstruction of authorised persons
118O–118R(Repealed)
Division 2 Settlement of disputes
119–120A (Repealed)
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
121CA Compliance cost notices
121D Circumstances in which compliance with sections 121F–121K is required
121E Effect of compliance with sections 121F–121K
121F Criteria to be considered before order is given
121G Orders that make or are likely to make residents homeless
121H Notice to be given of proposed order
121I Making of representations
121J Hearing and consideration of representations
121K Procedure after hearing and consideration of representations
121L Reasons for orders to be given
121M Period for compliance with order
121N Notice of right to appeal against order
121O Development consent or approval not required to comply with order
121P Order may specify standards and work that will satisfy those standards
121Q Compliance with order under sec 121P
121R Consent authority’s response to submission of particulars of work by owner
121S Orders affecting heritage items
121T Combined orders
121U Giving and taking effect of orders
121V Orders may be given to two or more persons jointly
121W Notice in respect of land or building owned or occupied by more than one person
121X Notice of giving of order No 16
121Y Effect of order on successors in title
121Z Compliance with orders by occupiers or managers
121ZA Occupier of land may be required to permit owner to carry out work
121ZB Notice of fire safety orders to be given to Commissioner of NSW Fire Brigades
121ZC Powers of fire brigades
121ZD Inspection reports by fire brigades
121ZE Details of orders and notices to be given to councils
121ZF Modification of orders
121ZG Revocation of orders
121ZH Minister may revoke or modify a council’s order
121ZI Limitation on Minister’s orders
121ZJ Failure to comply with order—carrying out of work by consent authority
121ZK Appeals concerning orders
121ZKA Appeals concerning compliance cost notices
121ZL Awarding of compensation concerning orders
121ZM Appeals concerning particulars of work submitted to person who gave order
121ZN Effect of appeal on order
121ZO Court’s powers not limited by this Division
121ZP Certificate as to orders
121ZQ Continuing effect of orders
121ZR Special provisions relating to brothel closure orders
121ZS Enforcement of brothel closure orders by cessation of utilities
Division 2B Monitoring and environmental audits—approved projects
122A Application of Division
122B Nature of monitoring and environmental audits
122C Minister may require monitoring or environmental audits by imposition of conditions on approved project
122D Provisions relating to conditions for monitoring and environmental audits
122E Offences
122F Self-incriminatory information and use of information
Division 2C Departmental enforcement powers
122G Purposes for which powers under Division may be exercised
122H Definitions: Division 2C
122I Appointment of authorised officers
Subdivision 2 Powers of entry and search of premises
122J Powers of authorised officers to enter premises
122K Entry into residential premises only with permission or warrant
122L Powers of authorised officers to do things at premises
122M Search warrants
122N Assistance to be given to authorised officers
122O Care to be taken and compensation
Subdivision 3 Power to obtain information or records
122P Application of Subdivision
122Q Requirement to provide information and records
122R Provisions relating to records
122S Power of authorised officers to require answers and record evidence
122T Criminal proceedings relating to compliance with requirements under this Division
122U Provisions relating to requirements to furnish records, information or answer questions
122V Miscellaneous provisions relating to notices
Division 3 Orders of the Court
122 Definitions
123 Restraint etc of breaches of this Act
124 Orders of the Court
124AA Evidence of use of premises as backpackers’ hostel
124AB Proceedings relating to use of premises as brothel
124A Special provision where development consent tainted by corruption
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
146A Smoke alarms in buildings providing sleeping accommodation
147 Disclosure of political donations and gifts
148 Disclosure and misuse of information
148A (Repealed)
149 Planning certificates
149A Building certificates
149B Applications for building certificates
149C Supply of information in connection with applications for building certificates
149D Obligations of council to issue building certificate
149E Effect of building certificate
149F Appeals with respect to building certificates
149G Record of building certificates
150 Evidence
151 Proof of ownership of land
152 Right to be heard
153 Notices
153A Delegation by public authorities
154 Transfer or amalgamation of land to which environmental planning instrument applies
155, 156 (Repealed)
157 Regulations
158 Exclusion of personal liability
159 Savings, transitional and other provisions
Schedule 3 Planning Assessment Commission
Schedule 4 Joint Regional Planning Panels
Schedule 5A Special contributions areas
Schedule 5B Planning assessment panels
Schedule 6 Savings, transitional and other provisions