1 Name of Regulation
2 Commencement
3 Definitions
3A Exclusion from definition of “development”
4 What is designated development?
5 What is advertised development?
6 When is public notice given?
7 Building Code of Australia
8 Notes
8A Definitions
8B Matters for environmental assessment and Ministerial consideration
8C Time limits for dealing with applications and other matters
8D Rejection of applications if proponent fails to comply with requirements
8E Provisions relating to appeals
8F Owner’s consent or notification
8G Public information about documents relating to projects
8H Fees
8I Enforcement: critical infrastructure
8J Transitional provisions
8K Transitional provision—existing mining leases
8L Transitional provision—objections under Mining Act in relation to Part 3A projects
8M Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act
8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations
8O Other projects prohibited by environmental planning instruments for which project approval may not be given
8OA Transitional provision—projects or concept plans otherwise prohibited for which approval may be given
8P Surrender of approvals given under Part 3A of the Act or existing use rights
Part 2 Environmental planning instruments
9 Joint regional planning panel—eligible relevant planning authority
10 Public authorities must concur in proposed reservation of land by LEP
11 Recovery of costs of studies etc by relevant planning authority
12 Continuation of former provisions for making LEPs
12A Operation of 2010 amending Regulation
13 Saving of previous threatened species consultation under section 34A
14 Saving of actions taken for preparation of SEPP
15 REPs deemed to be SEPPs—interpretation
15A Transitional provision relating to affordable housing
Part 3 Development control plans
Division 1 Preparation of development control plans by councils
16 In what form must a development control plan be prepared?
17, 17A (Repealed)
Division 2 Public participation
18 Draft development control plan must be publicly exhibited
19 Copies of draft development control plans to be publicly available
20 Who may make submissions about a draft development control plan?
Division 3 Approval of development control plans
21 Approval of development control plans
21A Approval of development control plans relating to residential flat development
Division 4 Amendment and repeal of development control plans
22 How may a development control plan be amended or repealed?
22A Amendment or revocation of development control plan at Minister’s direction
23 Procedure for repealing a development control plan by public notice
Division 5 Development control plans made by the Director-General
24 Application of Part to development control plans made by the Director-General
25 Additional information requested by relevant planning authority
25AA Assessment and preparation fees
25AB Councils to provide copies of development control plans to Director-General
25AC Purchase of copies of development control plans
25AD Further transitional provisions: 2005 Amending Act
Part 4 Development contributions
25A Planning authorities
Division 1A Planning agreements
25B Form and subject-matter of planning agreements
25C Making, amendment and revocation of agreements
25D Public notice of planning agreements
25E Explanatory note
25F Councils to facilitate public inspection of relevant planning agreements
25G Director-General to facilitate public inspection of relevant planning agreements
25H Other planning authorities to facilitate public inspection of relevant planning agreements
Division 1B Development consent contributions
25I Indexation of monetary section 94 contribution—recoupment of costs
25J Section 94A levy—determination of proposed cost of development
25K Section 94A levy—maximum percentage
Division 1C Preparation of contributions plans
26 In what form must a contributions plan be prepared?
27 What particulars must a contributions plan contain?
Division 2 Public participation
28 Draft contributions plan must be publicly exhibited
29 Copies of draft contributions plans to be publicly available
30 Who may make submissions about a draft contributions plan?
Division 3 Approval of contributions plans
31 Approval of contributions plan by council
Division 4 Amendment and repeal of contributions plans
32 How may a contributions plan be amended or repealed?
33 Procedure for repealing a contributions plan by public notice
33A Review of contributions plan
34 Councils must maintain contributions register
35 Accounting for contributions and levies
36 Councils must prepare annual statements
37 Councils must keep certain records available for public inspection
38 Copies of contributions plans to be publicly available
39 Definitions
40 Object of Part
41 Certain development allowed
42 Development consent required for enlargement, expansion and intensification of existing uses
43 Development consent required for alteration or extension of buildings and works
44 Development consent required for rebuilding of buildings and works
45 Development consent required for changes of existing uses
46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
46A (Repealed)
Part 6 Procedures relating to development applications
Division 1 Development applications generally
47 Application of Part
48 Consent authority to provide development application forms to intending applicants
49 Who can make a development application?
50 How must a development application be made?
51 Rejection of development applications
52 Withdrawal of development applications
53 Consent authority may require additional copies of development application and supporting documents
54 Consent authority may request additional information
55 What is the procedure for amending a development application?
55A Amendments with respect to BASIX commitments
56 Extracts of development applications to be publicly available
57 Copyright in documents forming part of or accompanying development applications—applicant’s indemnification
Division 2 Development applications for development requiring concurrence
58 Application of Division
59 Seeking concurrence
60 Concurrence authority may require additional information
61 Forwarding of submissions to concurrence authorities
62 Notification of decision
63 Reasons for granting or refusal of concurrence
64 Circumstances in which concurrence may be assumed
Division 3 Development applications for integrated development
65 Application of Division
66 Seeking general terms of approval
67 Approval body may require additional information
68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
69 Forwarding of submissions to approval bodies
70 Notification of general terms of approval
Division 3A Special provisions relating to staged development applications
70A Information to be included in staged development applications
70B Staged development applications—residential flat development
Division 4 Environmental impact statements
71 What is the form for an environmental impact statement?
72 What must an environmental impact statement contain?
73 Requirements of Director-General and approval bodies concerning preparation of environmental impact statements
74 Consent authority may require additional copies of environmental impact statement
75 Consent authority may sell copies of environmental impact statement to the public
76 Documents adopted or referred to by environmental impact statement
Division 5 Public participation—designated development
77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
78 What information must a written notice of designated development contain?
79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
80 How is the notice under section 79 (1) (d) published for designated development?
81 Forwarding of submissions to Director-General
Division 6 Public participation—State significant advertised development
82 Application of section 79 of the Act relating to designated development
83 What must a written notice under section 79 (1) (b) of the Act contain?
84 How is the notice under section 79 (1) (c) of the Act to be exhibited on land?
85 How is the notice published under section 79 (1) (d) of the Act published?
Division 7 Public participation—other advertised development
86 Application of Division
87 How must a development application be publicly notified?
88 Who must written notice be given to?
89 What information must be contained in a written notice and a published notice?
90 Circumstances in which notice requirements may be dispensed with
91 Public notification of development application and accompanying information
Division 8 Determination of development applications
92 What additional matters must a consent authority take into consideration in determining a development application?
92A (Repealed)
93 Fire safety and other considerations
94 Consent authority may require buildings to be upgraded
94A Fire safety and other considerations applying to erection of temporary structures
95 Deferred commencement consent
96 Imposition of conditions—ancillary aspects of development
97 Modification or surrender of development consent or existing use right
97A Fulfilment of BASIX commitments
Division 8A Prescribed conditions of development consent
98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
98A Erection of signs
98B Notification of Home Building Act 1989 requirements
98C Conditions relating to entertainment venues
98D Condition relating to maximum capacity signage
98E Condition relating to shoring and adequacy of adjoining property
99(Repealed)
Division 10 Post-determination notifications
100 Notice of determination
101 Additional particulars with respect to section 94 and 94A conditions
102 How soon must a notice of determination be sent?
103 Notice under section 81A of the Act of appointment of principal certifying authority
103A Notice under section 81A of the Act of critical stage inspections
104 Notice under section 81A of the Act of intention to commence subdivision work or erection of building
105 Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
Division 11 Time within which development application procedures to be completed
106 Definitions
107 First 2 days after development application is lodged
108 Days prior to referral of application to other bodies to be disregarded
109 Days occurring while consent authority’s request for additional information remains unanswered
110 Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
111 Days occurring during consultation under National Parks and Wildlife Act 1974
112 Consent authority to notify applicant that time has ceased to run
113 When is an application taken to be refused?
113A Public participation: application under section 82A of the Act for review of council’s determination
113B Period after which Crown development applications may be referred to Minister or regional panel
Division 12 Development consents—extension, completion and modification
114 What is the form for an application for extension of a development consent?
114A (Repealed)
115 What are the requirements for an application for modification of a development consent?
116 Applications for modification of development consents granted by the Land and Environment Court or the Minister
117 Public participation—applications for modification of development consents involving minimal environmental impact
118 Public participation—applications under sections 96 (2) and 96AA for modification of certain development consents
119 Public participation—applications under sections 96 (2) and 96AA for modification of other development consents
120 Notification of concurrence authorities and approval bodies
121 Applications for modifications of development consents to be kept available for public inspection
122 Notice of determination of application to modify development consent
122A Effect of failure to determine modification applications
123 Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
123A Effect of amendments made by Land and Environment Court Amendment Act 2002
Division 12A Additional provisions where regional panel is exercising consent authority functions
123B Application of Division
123C Development applications where land is in 2 or more local government areas
123D Provisions of Act not to apply as if regional panels were councils
123E Procedural matters related to determination of development applications
123F Procedural matters relating to determination of applications to modify consents
Division 12B Applications for review under Division 2 of Part 4 of the Act
123G Review of determination of development application
123H Review of decision to reject development application
123I Review of modification decision
Division 13 Validity of development consents
124 What are the public notification procedures for the purposes of section 101 of the Act?
124A Application of Division
124B Development for which review condition may be imposed
124C Matters to be included in consent
124D Review procedures
Part 7 Procedures relating to complying development certificates
Division 1 Applications for complying development certificates
125 Application of Part
126 How must an application for a complying development certificate be made?
127 Council or accredited certifier may require additional information
128 Council or accredited certifier to supply application form for complying development certificates
129 Copyright in documents forming part of or accompanying applications for complying development certificates—applicant’s indemnification
129A Amendments with respect to BASIX commitments
129B Restriction on issue of complying development certificate
129C Record of site inspections
Division 2 Determination of applications and commencement of complying development
130AA Time limit for determining application for complying development certificate
130 Procedure for determining application for complying development certificate and notification requirements
130A Copy of particular documents to be given to NSW Rural Fire Service and council
131 Development standards for change of building use
132 Development standards for building work involving the alteration, enlargement or extension of an existing building
133 Development standards for erection of temporary structure
134 Form of complying development certificate
135 Notice under section 86 of the Act of appointment of principal certifying authority
135A Notice under section 86 of the Act of critical stage inspections
136 Notice under section 86 of the Act of intention to commence subdivision work or erection of building
Division 2A Conditions of complying development certificate
136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
136B Erection of signs
136C Notification of Home Building Act 1989 requirements
136D Fulfilment of BASIX commitments
136E Development involving bonded asbestos material and friable asbestos material
136F, 136G (Repealed)
136H Condition relating to shoring and adequacy of adjoining property
Division 3 Validity of complying development certificates
137 What are the public notification procedures for the purposes of section 101 of the Act?
Part 8 Certification of development
Division 1 Compliance certificates
138 Compliance certificate
Division 2 Construction certificates
139 Applications for construction certificates
139A Withdrawal of application for construction certificate
140 Certifying authority may require additional information
141 Certifying authority to supply application form for construction certificates
142 Procedure for determining application for construction certificate
143 Fire protection and structural capacity
143A Special requirements for construction certificates for residential flat development
143B Restriction on issue of certain construction certificates without inspection
143C Record of site inspections
144 Referral of certain plans and specifications to New South Wales Fire Brigades
144A Compliance certificate required for certain fire safety aspects of building work
145 Compliance with development consent and Building Code of Australia
146 Compliance with conditions of development consent
146A Restriction on issue of construction certificates without compliance with planning agreement
147 Form of construction certificate
148 Modification of construction certificate
Division 3 Occupation certificates
149 Applications for occupation certificates
149A Certifying authority may require additional information
150 Certifying authorities to supply application form for occupation certificates
151 Procedure for determining application for occupation certificate
152 Reports of Fire Commissioner: section 109H
153 Fire safety certificates: section 109H
153A Compliance certificate required for certain fire safety aspects of building work
154 Health, safety and other issues: section 109H
154A Special requirements for occupation certificates for residential flat development
154B Fulfilment of BASIX commitments
154C BASIX completion receipt
155 Form of occupation certificate
156 Occupation and use of new buildings: section 109M (2)
Division 4 Subdivision certificates
157 Applications for subdivision certificates
158 Certifying authority may require additional information
159 Certifying authorities to supply application form for subdivision certificates
160 Procedure for determining application for subdivision certificate
160A Prescribed persons: subdivision certificates
161 Certifying authorities may be satisfied as to certain matters: section 109O
162 Notice of replacement of principal certifying authority
162A Critical stage inspections required by section 109E (3) (d)
162B Record of inspections conducted under section 109E (3)
162C Progress inspection unavoidably missed
163 Notice to allow inspections
164 No need for duplicate notices
164A BASIX certificates
Part 9 Fire safety and matters concerning the Building Code of Australia
165 Definitions
166 Statutory fire safety measures
167 Application of Part
Division 2 Fire safety schedules
168 Fire safety schedules
168A Conversion of fire alarm communication links
169 Fire safety schedules and fire safety certificates
Division 4 Fire safety certificates
170 What is a final fire safety certificate?
171 Issue of final fire safety certificates
172 Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building
173 What is an interim fire safety certificate?
174 Form of fire safety certificates
Division 5 Fire safety statements
175 What is an annual fire safety statement?
176 Issue of annual fire safety statements
177 Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
178 What is a supplementary fire safety statement?
179 Issue of supplementary fire safety statements
180 Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
181 Form of fire safety statements
Division 6 Fire safety maintenance
182 Essential fire safety measures to be maintained
Division 7 Miscellaneous fire safety offences
183 Fire safety notices
184 Fire exits
185 Doors relating to fire exits
186 Paths of travel to fire exits
186A Owners of existing buildings and dwellings must ensure smoke alarms are installed
186AA Owners of moveable dwellings must ensure smoke alarms are installed
186B Specifications for smoke alarms
186C Persons must not remove or interfere with smoke alarms
186D No development consent or consent of owners corporation required to install smoke alarms
186E Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
186F Transitional provisions relating to obligations under this Division
186G Transitional provisions relating to obligations under clause 186AA
187 Modification and supplementation of Building Code of Australia standards
188 Exemption from fire safety standards
189 Prescribed matters for inspection by NSW Fire Brigades: section 118L (1) (b) of the Act
190 Offences relating to certain Crown property
191–223(Repealed)
Part 12 Accreditation of building products and systems
224 Building products and systems certified under CodeMark scheme
225 Savings provisions
Part 13 Development by the Crown
226 Prescribed persons: section 88
227 Technical provisions of the State’s building laws
Part 13A Supplementary provisions for development requiring consent
227A Signs on development sites
Part 14 Environmental assessment under Part 5 of the Act
227AA Demolition of temporary structure not “activity”
Division 1 Circumstances requiring an environmental impact statement
228 What factors must be taken into account concerning the impact of an activity on the environment?
Division 2 Environmental impact statements
229 What is the form for an environmental impact statement?
230 What must an environmental impact statement contain?
231 Director-General may make requirements concerning preparation of environmental impact statements
232 Determining authority may require additional copies of environmental impact statement
Division 3 Public participation
233 What is the form for a section 113 notice?
234 In what manner must a section 113 notice be given?
235 Where may an environmental impact statement be inspected?
236 Determining authority may sell copies of environmental impact statement to the public
237 Documents adopted or referred to by environmental impact statement
237A Application
238 Particulars of proposed modification to be publicly exhibited
239 Notice to be given of the public exhibition of the proposed modification
240 Where may the proposed modification be inspected?
241 Period of exhibition of proposed modification
242 Representations on proposed modification
243 Report to be prepared for activities to which an environmental impact statement relates
244 Concurrence or consultation with Director-General of National Parks and Wildlife
Division 7 Fisheries management
244A Definitions
244B Fishing activities and shark meshing
244C (Repealed)
Division 8 Special provisions relating to Australian Rail Track Corporation Ltd
244D Definitions
244E Code required for rail infrastructure facilities must be complied with by ARTC
244F Approved Code
244G Circumstances in which an environmental impact statement is or is not required for ARTC rail infrastructure facilities (other than wetlands affected activities)
244H Wetlands affected activities that require environmental impact statements
244I Existing environmental impact statements and assessments
244J Continuing application of Division 4 of Part 5 of Act to Sandgate rail project
Division 1A Fees under Part 3A
245A Definitions
245B Determination of fees payable for Part 3A application
245C Payment of fees for Part 3A applications
245D Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
245E Maximum fee—marinas
245F Maximum fee—extractive industries
245G Maximum fee—subdivision of land
245H Additional fee for critical infrastructure projects
245I Additional application fee for making environmental assessment publicly available
245J Additional application fee for planning reform
245K Fee for request for modification of Minister’s approval
245L Fee for review by Planning Assessment Commission
245M Fee for investigation of potential State significant site
245N Meaning of “estimated cost” for determining fee under this Division
Division 1 Fees for development applications
245 (Renumbered as clause 245AA)
245AA What is the maximum fee?
246 Fee for development application
247 Fee for dwelling-house—construction cost under $100,000
248 Additional fee—residential flat development
249 Maximum fee—subdivision of land
250 Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
251 Additional fee—designated development
252 Additional fees—development requiring advertising
252A Additional fees—development requiring concurrence
253 Additional fees—integrated development
254 What if two or more fees are applicable to a single development application?
255 How is a fee based on estimated cost determined?
256 Determination of fees after development applications have been made
256A Proportion of development application fees to be remitted to Director-General
256B Staged development applications
Division 2 Other fees and charges
257 Fee for request for review of determination
257A Fee for review of decision to reject a development application
258 Fee for application for modification of consent for local development
258A Fee for review of modification application
259 Fee for planning certificate
260 Fee for building certificate
261 Fee for copy of building certificate
262 Fee for certified copy of document, map or plan held by Department or council
262A Fee for site compatibility certificate
262B Fee for BASIX certificate
263 Other fees
Part 16 Registers and other records
264 Council to maintain a register of development applications and consents
265 Council to maintain a register of complying development applications
266 Council to keep certain documents relating to development applications and consents
267 Council to keep certain documents relating to complying development certificates
267A Records relating to complaints
268 Council to keep certain records available for public inspection
268A Development for temporary structures that are entertainment venues
268B (Repealed)
268C Definitions
268D General procedure
268E Quorum
268F Presiding member
268G Voting
268H Public meetings
268I Transaction of business outside meetings or by telephone
268J First meeting
268K(Repealed)
268L Remuneration of committee members
268M Alternate members for committees
268N Minutes of committee meetings
268NA Provision of information by regional panels
Division 4 Planning Assessment Commission
268O Interpretation
268P Constitution of Commission for particular matters
268Q Attendance of witnesses and production of documents
268R Public hearings of Commission
268S Notice of reviews and recommendations relating to development applications
268T Special provisions relating to water approvals
268U Commission may restrict publication of evidence
268V Reports by Commission
268W Information to be provided by Commission
Division 5 Independent hearing and assessment panels
268X Information to be provided by councils about independent hearing and assessment panels
269 Notice of proposal to constitute development area
270 Contributions plans for Western Sydney Employment Area
271 (Repealed)
271A Contributions plans for Wyong State significant sites
271B Contributions plans for Warnervale Town Centre State significant sites
272 Planning for Bush Fire Protection
273, 273A (Repealed)
274 Release areas under SREP 30
274A, 274B (Repealed)
275 Development assessment during precinct planning in North West and South West growth centres of Sydney Region
276 Growth Centres SEPP—release of precinct for urban development and planning process for the precinct
277 Public authorities
278 Assessment of loan commitments of councils in development areas
279 What matters must be specified in a planning certificate?
280 Application for building certificate
281 Form of building certificate
281A Notice of orders under Division 2A of Part 6 of the Act
281B Form of compliance cost notices
281C Compliance cost notices not to include certain costs and expenses
282 Director-General may certify certain documents
283 False or misleading statements
284 Penalty notice offences: section 127A
285 (Repealed)
286 Repeal, savings and transitional
286A Savings and transitional provisions: staged introduction of scheme
286AA Savings and transitional provision: introduction of BASIX completion receipt
286B Savings and transitional provision: changes to development contributions scheme
286C Transitional—species impact statements and determination of significant effect
286D Savings and transitional provisions: existing uses
287 Special provisions relating to ski resort areas
288 Special provision relating to Sydney Opera House
288A Special provision relating to Sydney International FIFA Fan Fest
289 Miscellaneous savings and transitional provisions: 2005 Amending Act
289A Transitional provisions relating to development control plans
290 Savings and transitional provision: references to “comprehensive development applications”
291 Savings and transitional provisions relating to requirements to obtain compliance certificates for alternative fire safety solutions
291A Transitional provisions relating to Part 4A certificates and planning agreements
292 Savings and transitional provisions
Schedule 2 Environmental impact statements
Schedule 3 Designated development
Schedule 3A Entertainment venues
Schedule 4 Planning certificates
Schedule 5 Penalty notice offences
Schedule 6 Special provisions relating to ski resort areas