Environmental Planning and Assessment Act 1979 No 203
Division 4 LEPs
53 Minister may make environmental planning instruments for local areas (LEPs)
(1) The Minister may make environmental planning instruments for the purpose of environmental planning:(a) in each local government area, and(b) in such other areas of the State (including the coastal waters of the State) as the Minister determines.(2) Any such instrument may be called a local environmental plan (or LEP).
54 Relevant planning authority
(1) For the purposes of this Part, the in respect of a proposed instrument is as follows:(a) the council for the local government area to which the proposed instrument is to apply, subject to paragraph (b),(b) the Secretary or any other person or body prescribed by the regulations if the Minister so directs under subsection (2).(2) The Minister may direct that the Secretary (or any other person or body prescribed by the regulations) is the relevant planning authority for a proposed instrument in the following cases:(a) the proposed instrument relates to a matter that, in the opinion of the Minister, is of State or regional environmental planning significance,(b) the proposed instrument makes provision that, in the opinion of the Minister, is consequential on the approval of the concept plan for a project under Part 3A, is consequential on the making of another environmental planning or other instrument or is consequential on changes made to a standard instrument under section 33A,(c) the Planning Assessment Commission or a joint regional planning panel has recommended to the Minister that the proposed instrument should be submitted for a determination under section 56 (Gateway determination) or that the proposed instrument should be made,(d) the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed instrument or has not carried out those obligations in a satisfactory manner,(e) the proposed instrument is to apply to an area that is not within a local government area (subject to subsection (6)).(3) A relevant planning authority that is requested by the owner of any land to exercise its functions under this Division in relation to the land may, as a condition of doing so, require the owner to carry out studies or provide other information concerning the proposal or to pay the costs of the authority in accordance with the regulations.(4) The Minister may, in a direction under this section, require a council to provide studies or other information in its possession relating to the proposed instrument to be provided to the person or body specified in the direction as the relevant planning authority for the proposed instrument.(5) Two or more relevant local authorities may together exercise the functions under this Division of a relevant planning authority in connection with the making of a single principal or amending instrument in relation to the whole of their combined areas.(6) A reference in this section to a local government area includes a reference to an adjoining area that is not within a local government area and that is designated as part of that local government area for the purposes of this Division by the Minister by order published in the Gazette.Note.Section 117 enables directions to be given to councils or other relevant planning authorities on the exercise of functions under this Division in relation to the making of an instrument.
55 Relevant planning authority to prepare explanation of and justification for proposed instrument—the planning proposal
(1) Before an environmental planning instrument is made under this Division, the relevant planning authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal).(2) The planning proposal is to include the following:(a) a statement of the objectives or intended outcomes of the proposed instrument,(b) an explanation of the provisions that are to be included in the proposed instrument,(c) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117),(d) if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument,(e) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument.(3) The Secretary may issue requirements with respect to the preparation of a planning proposal.
56 Gateway determination
(1) After preparing a planning proposal, the relevant planning authority may forward it to the Minister.(2) After a review of the planning proposal, the Minister is to determine the following:(a) whether the matter should proceed (with or without variation),(b) whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal),(c) community consultation required before consideration is given to the making of the proposed instrument (the community consultation requirements),(d) any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument,(e) whether a public hearing is to be held into the matter by the Planning Assessment Commission or other specified person or body,(f) the times within which the various stages of the procedure for the making of the proposed instrument are to be completed.(3) A determination of the community consultation requirements includes a determination under section 73A (or other provision of this Act) that the matter does not require community consultation.(4) The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category.(5) The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Planning Assessment Commission or a joint regional planning panel:(a) if there has been any delay in the matter being finalised, or(b) if for any other reason the Minister considers it appropriate to do so.(6) The relevant planning authority may, at any time, forward a revised planning proposal to the Minister.(7) The Minister may, at any time, alter a determination made under this section.(8) A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under section 57, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that section.
57 Community consultation
(1) Before consideration is given to the making of a local environmental plan, the relevant planning authority must consult the community in accordance with the community consultation requirements for the proposed instrument.(2) The planning proposal (as revised to comply with the determination under section 56 and in a form approved by the Secretary) is to be made publicly available during the period of community consultation. Detailed provisions may be summarised instead of being set out in full if the Secretary is satisfied that the summary provides sufficient details for community consultation.(3) During the period of community consultation, any person may make a written submission to the relevant planning authority concerning the matter (other than any matter that is mandatory under an applicable standard instrument under section 33A).(4) The relevant planning authority may (but need not) make publicly available, in accordance with the community consultation requirements, the submissions made concerning a matter (or a summary of or report on any such submissions).(5) If:(a) a person making a submission so requests, andthe relevant planning authority is to arrange a public hearing on the issues raised in the submission.(b) the relevant planning authority considers that the issues raised in a submission are of such significance that they should be the subject of a hearing,(6) The relevant planning authority may arrange a public hearing on any issue whether or not a person has made a submission concerning the matter.(7) A report of any public hearing is to be furnished to the relevant planning authority and may be made publicly available by that authority.(8) The consultation required by this section is completed when the relevant planning authority has considered any submissions made concerning the proposed instrument and the report of any public hearing.
58 Relevant planning authority may vary proposals or not proceed
(1) The relevant planning authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason.(2) If it does so, the relevant planning authority is to forward a revised planning proposal to the Minister.(3) Further community consultation under section 57 is not required unless the Minister so directs in a revised determination under section 56.(4) The relevant planning authority may also, at any time, request the Minister to determine that the matter not proceed.
59 Making of local environmental plan by Minister
(1) The Secretary is to make arrangements for the drafting of any required local environmental plan to give effect to the final proposals of the relevant planning authority. The Secretary is to consult the relevant planning authority, in accordance with the regulations, on the terms of any such draft instrument.(2) The Minister may, following completion of community consultation:(a) make a local environmental plan (with or without variation of the proposals submitted by the relevant planning authority) in the terms the Minister considers appropriate, or(b) decide not to make the proposed local environmental plan.(3) The Minister may defer the inclusion of a matter in a proposed local environmental plan.(4) If the Minister does not make the proposed local environmental plan or defers the inclusion of a matter in a proposed local environmental plan, the Minister may specify which procedures under this Division the relevant planning authority must comply with before the matter is reconsidered by the Minister.
The regulations may make further provision with respect to the making of environmental planning instruments under this Division, including:(a) requirements with respect to consultation about proposed instruments by a relevant planning authority with particular persons or bodies, and(b) requirements with respect to planning proposals and the submission of other related reports and documents, and(c) requirements with respect to advertising in connection with community consultation on proposed instruments, and(d) provisions relating to consultation by the Secretary with relevant planning authorities and others on the drafting of proposed instruments, and(e) requirements for concurrence of public authorities in relation to the reservation of land for a purpose referred to in section 26 (1) (c).Note.The Interpretation Act 1987 applies to environmental planning instruments.