1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
4A (Repealed)
5 Objects
5A Significant effect on threatened species, populations or ecological communities, or their habitats
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
13 Director of Planning
14 (Repealed)
15 Functions of the Director
16 (Repealed)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19 (Repealed)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21 (Repealed)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 Reservation of land for public purposes
28 Suspension of laws etc by environmental planning instruments
29 Designated development: declaration by environmental planning instruments
30 Consents and concurrences
31 Prohibitions
32 Authorisation of matters under environmental planning instruments
33 Model provisions
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 Format of State environmental planning policies
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42, 43 (Repealed)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 Development control plans
52 Format of regional environmental plan or draft plan
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
66 Public exhibition of draft local environmental plan
67 Making of submissions
68 Consideration of submissions
69 Report by Director
70 Making of local environmental plan
71 Format of local environmental plan or draft plan
72 Development control plans
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
74 Amendment of environmental planning instruments
Part 4 Environmental planning control
75 Definition
76 Restriction on development
76A Consent authorities to have regard to register of critical habitat
77 Making of development applications
77A Concurrence of or consultation with Director-General of National Parks and Wildlife in certain cases
77B Determination by Minister without concurrence of or consultation with Director-General of National Parks and Wildlife
77C Matters to be considered by Director-General of National Parks and Wildlife as concurrence authority
78 Seeking concurrence of Minister or public authority
79 Granting or refusal of concurrence by Minister or public authority
80 Notification of Minister’s or public authority’s decision
81 Circumstances in which concurrence may be assumed
82 Giving effect to concurrence
83 Avoidance of consents
84 Notice of applications respecting designated development
85 Circumstances in which compliance with section 84 may be dispensed with
86 Inspection of development applications etc
86A Effect of inquiry by Commission of Inquiry on determination of development application
87 Submissions in respect of development applications for designated development
88 Restrictions on determination of development application for designated development
89 Determination of development application for designated development after inquiry by Commission of Inquiry
90 Matters for consideration
90A Compliance with non-discretionary development standards
91 Determination of development application
91AA “Deferred commencement” consent
91AB Staged development
91A Determination of Crown development applications
92 Notice to applicant of determination of development application
93 Date from which consent operates
94 Payment towards provision or improvement of amenities or services
94AA Section 94 conditions imposed by the Minister or Director
94AB Contributions plans—making
94AC Contributions plans—judicial notice, validity etc
94A Directions by the Minister
95 Notification of consent authority’s determination to objectors etc
96 Circumstances in which consent is taken to have been refused
97 Appeal by an applicant
98 Appeal by an objector
99 Lapsing of consent
100 Joint hearing of certain appeals
100A Carrying out of prohibited development
101 Determination of development applications by the Minister
102 Modification of consents
103 Revocation or modification of development consent
104 Register of consents
104A Validity of development consents
104B Non-compliance with certain provisions regarding certain development consents
104C Revocation or regrant of development consents after order of Court
104D Appeals and other provisions relating to development consents after order of Court
105 Regulations respecting environmental impact statements under this Part
106 Definition of “existing use”
107 Continuance of and limitations on existing use
108 Regulations respecting existing use
109 Existing consent
109A Uses unlawfully commenced
109B Saving of effect of existing consents
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
Division 2 Duty of determining authorities to consider environmental impact of activities
111 Duty to consider environmental impact
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, fauna and species impact statements
114 Consideration of findings and recommendations of Commission of Inquiry
115 Regulations
115A Requirement for Minister’s approval
115B Minister’s approval
115BA Modification of Minister’s approval
115BB Reports and consultation
115C Director’s report
115D Excluded determining authorities
115E Miscellaneous provisions
115F Transitional arrangements
Part 6 Implementation and enforcement
116 (Repealed)
117 Directions by the Minister
117A Power of entry
117B Obstruction of authorised person
118 Appointment of environmental planning administrator
Division 2 Public inquiries and settlement of disputes
119 Public inquiry
120 Procedure at inquiries
120A Additional procedural requirements where water licence or water approval is involved
121 Settlement of disputes
Division 3 Orders of the Court
122 Definitions
123 Restraint etc of breaches of this Act
124 Orders of the Court
125 Offences against this Act and the regulations
126 Penalties
127 Proceedings for 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, 147 (Repealed)
148 Disclosure and misuse of information
149 Certificates
150 Evidence
151 (Repealed)
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 Application of section 26 of the Interpretation Act 1987
156 Statute law revision (sec 16)
157 Regulations
158 Designated development: declaration by regulation
159 Savings, transitional and other provisions
Schedule 3 Local Government Liaison Committee
Schedule 5 Committee procedures