We’re developing a new legislation website and need your feedback.
You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (1979 - 203)
Skip to content
Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 10 April 2020 at 10:26) Current version
Part 3 Division 3
Division 3 Regional environmental plans
40   Decision or direction to prepare draft regional environmental plan
(1)  The Director may prepare a draft regional environmental plan in respect of a region or part of a region and with respect to such matters as are, in the opinion of the Director, of significance for environmental planning for the region to which, or to part of which, that plan is intended to apply.
(2)  The Minister may cause to be prepared by the Director for submission to the Minister a draft regional environmental plan with respect to any matter specified by the Minister, being a matter which is, in the opinion of the Minister, of significance for environmental planning for the region to which, or to part of which, that plan is intended to apply.
41   Preparation of environmental study
(1)  The Director shall, before commencing to prepare a draft regional environmental plan or at any time during the course of its preparation, prepare an environmental study of the land to which the draft regional environmental plan is intended to apply.
(2)  The environmental study referred to in subsection (1) shall have regard to such matters, relating to the environment of the region to which, or to part of which the draft regional environmental plan is intended to apply, as the Director determines.
42, 43   (Repealed)
44   Preparation of draft regional environmental plan
In the preparation of a draft regional environmental plan, the Director shall, within such time as the Minister may determine:
(a)  cause any State environmental planning policy to be considered so far as it may affect or be affected by the subject-matter of the draft regional environmental plan, and
(b)  prepare the plan having regard to the environmental study prepared by the Director under section 41.
(c)–(e)    (Repealed)
45   Notification
(1)  In the preparation of an environmental study or a draft regional environmental plan, the Director, to the extent required by this section, is to notify the information specified in subsection (2) to the following:
(a)  each council whose area or part of whose area is situated in the region or part of the region to which that study or draft plan applies,
(b)  the Local Government Liaison Committee,
(c)  such other public authorities, other bodies (including authorities of the Commonwealth or other States) and other persons as the Director determines.
(2)  The information to be notified is the following:
(a)  the reasons for deciding to prepare the environmental study or the draft regional environmental plan,
(b)  the general aims and objectives of the study or draft plan,
(c)  a general description of the land or area to which the study or draft plan is intended to apply,
(d)  such other matters (if any) as the Director thinks fit.
(3)  Information about an environmental study and information about a draft regional environmental plan may be notified under this section at the same time or at different times.
(4)  A person to whom information is notified under this section may comment to the Director on the preparation of the environmental study or draft regional environmental plan within 28 days after the Director notifies the information.
46   Information from public authorities
To facilitate the preparation of an environmental study or a draft regional environmental plan, a public authority:
(a)  shall, if requested in writing to do so by the Director, furnish such information and provide such assistance as may reasonably be required by the Director in the preparation of the study or plan, and
(b)  shall notify the Director of any information or any actual or proposed activity or work that, in its opinion, is relevant to the study or plan,
and a public authority is hereby empowered to the extent necessary to comply with the provisions of this section.
47   Public exhibition of draft regional environmental plan
When a draft regional environmental plan has been prepared, the Director shall:
(a)  give public notice, in a form and manner determined by the Director, of the places at which, the dates on which, and the times during which, the environmental study prepared by the Director under section 41 of the land to which the draft regional environmental plan applies and the draft regional environmental plan may be inspected by the public,
(b)  publicly exhibit that environmental study and draft regional environmental plan at the places, on the dates and during the times set out in the notice,
(c)  publicly exhibit such other matters as the Director considers appropriate or necessary to better enable the draft plan and its implications to be understood, and
(d)  specify, in the notice, the period during which submissions may be made to the Director in accordance with section 48.
48   Submissions
Any person may, during the period referred to in section 47 (d), make submissions in writing to the Director with respect to the draft regional environmental plan publicly exhibited under section 47 (b).
49   Consideration of submissions and amendment of draft plan
(1)  The Director shall cause any submissions made under section 48 to be considered and:
(a)  may, if the Director thinks fit, direct that an inquiry be held, in accordance with section 119, by a Commission of Inquiry appointed under section 119 (2), with respect to any matter relating to the draft regional environmental plan whether or not arising from any submission,
(b)  may amend the draft regional environmental plan by making changes whether or not of substance and whether or not as a consequence of the consideration of any such submissions or of the findings and recommendations of any such Commission of Inquiry,
(c)  may (but need not) publicly exhibit that amended draft regional environmental plan together with a written explanation of the reasons for the amendments, at such places, on such dates and during such times as the Director determines, and
(d)  where an amended draft regional environmental plan is exhibited under paragraph (c), shall cause public notice to be given in a form and manner determined by the Director, specifying the period during which submissions may be made to the Director in accordance with section 48 as applied by subsection (2).
(2)  Where the Director causes an amended draft regional environmental plan to be publicly exhibited in accordance with subsection (1) (c), section 48 and subsection (1) apply to and in respect of that amended draft regional environmental plan in the same way as they apply to and in respect of a draft regional environmental plan.
50   Submission of draft regional environmental plan to the Minister
(1)  Subject to subsection (2), the Director shall submit to the Minister the draft regional environmental plan, with any amendments made in accordance with section 49.
(2)  In submitting the draft regional environmental plan, the Director may exclude certain provisions thereof or exclude from the application thereof part of the region to which that draft plan applied (in this section referred to as the deferred matter) which, in the Director’s opinion, require or requires further consideration but which should not prejudice the consideration by the Minister of the draft plan as submitted.
(3)  A draft regional environmental plan submitted under subsection (1) shall be accompanied by a report by the Director on the draft plan, on any submissions made under section 48 and on any inquiry referred to in section 49 (1) (a) in relation to the draft plan.
(4)  The Director may subsequently take action under section 49 and this section in respect of the deferred matter which for the purposes of those sections shall be deemed to be a draft regional environmental plan.
51   Making of regional environmental plans by the Minister
(1)  The Minister may, on the submission to the Minister by the Director of a draft regional environmental plan:
(a)  make a regional environmental plan:
(i)  in accordance with the draft regional environmental plan submitted to the Minister, or
(ii)  in accordance with the draft regional environmental plan with such alterations as the Minister thinks fit,
(b)  direct that action be taken in accordance with subsection (4), or
(c)  decide not to proceed with the draft regional environmental plan.
(1A)  Without limiting subsection (1) (a) (ii), the alterations that may be made by the Minister to the draft regional environmental plan may comprise changes of substance and may arise from submissions or from a finding or recommendation of a Commission of Inquiry or otherwise from the Minister’s consideration of the matters in the draft plan.
(2)  The Minister may not make a regional environmental plan except with respect to such matters as are, in his or her opinion, of significance for environmental planning for the region or part of the region to which that regional environmental plan applies.
(3)  A regional environmental plan shall apply to such region or part of the region as is described in the plan.
(4)  The Minister may direct the Director to publicly exhibit a draft regional environmental plan with such alterations as the Minister specifies, and the provisions of this section and sections 47, 48, 49 and 50 shall, with any necessary adaptations, apply to that plan.
51A   Development control plans
(1)  The Director may prepare a development control plan, or cause such a plan to be prepared, for a part or parts of the land to which a regional environmental plan or a draft regional environmental plan applies, if the Director considers it necessary or desirable to provide more detailed provisions than are contained in the plan or draft plan for that part or those parts of the land.
(2)  The format, structure, subject-matter and procedures for the preparation, public exhibition, approval, amendment and repeal of such a development control plan are to be as prescribed by the regulations.
(3)  Such a development control plan must generally conform to the provisions of the regional environmental plan or draft regional environmental plan which applies to the land to which the development control plan applies.
(4)  A development control plan prepared in accordance with this section must be available for public inspection, without charge, at:
(a)  the head office of the Department, and
(b)  any regional office of the Department situated within the region to which, or to part of which, the regional environmental plan or draft regional environmental plan applies.
52   Format of regional environmental plan or draft plan
Subject to this Act and the regulations, the format, structure and subject-matter of a regional environmental plan or draft regional environmental plan shall be as determined by the Minister.