Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 4 July 2020 at 16:50) Current version
Part 8
Part 8 Miscellaneous
146   Bush fire prone land
(1)  If a bush fire risk management plan applies to land within the area of a council, the council must, within 12 months after the commencement of this section (and before the end of the period of every 5 years after the commencement):
(a)  request the Commissioner of the NSW Rural Fire Service to designate land (if any) within the area that the Commissioner considers, having regard to the bush fire risk management plan, to be bush fire prone land, and
(b)  must record any land so designated on a map.
(2)  The Commissioner of the NSW Rural Fire Service must, if satisfied that the land designated by the Commissioner has been recorded by the council on a map, certify the map as a bush fire prone land map for the area of the council.
(2A)  The Commissioner of the NSW Rural Fire Service may, in accordance with the regulations, review the designation of land on a bush fire prone land map for an area at any time after the map is certified and revise the map accordingly. The revised map:
(a)  becomes the bush fire prone land map for the area on being certified by the Commissioner, and
(b)  is to be provided to the council by the Commissioner.
(3)  Land recorded for the time being as bush fire prone land on a bush fire prone land map for an area is bush fire prone land for the area for the purposes of this or any other Act.
(4)  The bush fire prone land map for an area is to be available for public inspection during normal office hours for the council.
(5)  In this section:
bush fire risk management plan has the same meaning as it has in the Rural Fires Act 1997.
Note.
 Division 8 of Part 4 of the Rural Fires Act 1997 contains provisions relating to the carrying out of development and bush fire hazard reduction work on bush fire prone land.
146A   Smoke alarms in buildings providing sleeping accommodation
(1)  The regulations may make provision for or with respect to:
(a)  the installation of one or more smoke alarms in buildings in which persons sleep, and
(b)  the maintenance of smoke alarms installed in such buildings, and
(c)  prohibiting persons from removing or interfering with the operation of smoke alarms installed in such buildings.
(2)  Regulations made under this section may (without limitation) do any one or more of the following:
(a)  specify the types of buildings in which smoke alarms are to be installed,
(b)  specify the types of smoke alarms to be installed,
(c)  specify where a smoke alarm is to be located,
(d)  specify the maintenance that may be required in relation to a smoke alarm that has been installed,
(e)  specify circumstances in which development consent under Part 4 is not required in relation to the installation of a smoke alarm,
(f)  specify circumstances in which the consent of an owners corporation (within the meaning of the Strata Schemes Management Act 1996) is not required in relation to the installation of a smoke alarm.
(3)  The maximum penalty for an offence against the regulation arising under this section is $550 (and not the maximum penalty of $110,000 provided by section 125D for offences against other regulations).
(4)  In this section:
building includes a manufactured home, a moveable dwelling or associated structure and includes a building erected before the commencement of this section.
147   Disclosure of political donations and gifts
(1)  The object of this section is to require the disclosure of relevant political donations or gifts when planning applications are made to minimise any perception of undue influence by:
(a)  requiring public disclosure of the political donations or gifts at the time planning applications (or public submissions relating to them) are made, and
(b)  providing the opportunity for appropriate decisions to be made about the persons who will determine or advise on the determination of the planning applications.
Political donations or gifts are not relevant to the determination of any such planning application, and the making of political donations or gifts does not provide grounds for challenging the determination of any such planning application.
Note.
 This Act makes provision for planning applications to be referred to various bodies for advice or determination. Section 124A makes special provision where development consent is tainted by corruption. The Local Government Act 1993 makes provision with respect to voting by local councillors with a conflict of interest in any matter before the council.
(2)  In this section:
gift means a gift within the meaning of Part 6 of the Election Funding and Disclosures Act 1981.
Note.
 A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration.
local councillor means a councillor (including the mayor) of the council of a local government area.
relevant planning application means:
(a)  a formal request to the Minister, a council or the Secretary to initiate the making of an environmental planning instrument or development control plan in relation to development on a particular site, or
(b)  a formal request to the Minister or the Secretary for development on a particular site to be made State significant development or State significant infrastructure or declared a project to which Part 3A applies, or
(b1)  an application for approval of State significant infrastructure (or for the modification of the approval for any such infrastructure), or
(c)  an application for approval of a concept plan or project under Part 3A (or for the modification of a concept plan or of the approval for a project), or
(d)  an application for development consent under Part 4 (or for the modification of a development consent), or
(e)  any other application or request under or for the purposes of this Act that is prescribed by the regulations as a relevant planning application,
but does not include:
(f)  an application for (or for the modification of) a complying development certificate, or
(g)  an application or request made by a public authority on its own behalf or made on behalf of a public authority, or
(h)  any other application or request that is excluded from this definition by the regulations.
relevant public submission means a written submission made by a person objecting to or supporting a relevant planning application or any development that would be authorised by the granting of the application.
reportable political donation means a reportable political donation within the meaning of Part 6 of the Election Funding and Disclosures Act 1981 that is required to be disclosed under that Part.
Note.
 Reportable political donations include those of or above $1,000.
(3)  A person:
(a)  who makes a relevant planning application to the Minister or the Secretary is required to disclose all reportable political donations (if any) made within the relevant period to anyone by any person with a financial interest in the application, or
(b)  who makes a relevant public submission to the Minister or the Secretary in relation to the application is required to disclose all reportable political donations (if any) made within the relevant period to anyone by the person making the submission or any associate of that person.
The relevant period is the period commencing 2 years before the application or submission is made and ending when the application is determined.
(4)  A person who makes a relevant planning application to a council is required to disclose the following reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined:
(a)  all reportable political donations made to any local councillor of that council,
(b)  all gifts made to any local councillor or employee of that council.
A reference in this subsection to a reportable political donation made to a local councillor includes a reference to a donation made at the time the person was a candidate for election to the council.
(5)  A person who makes a relevant public submission to a council in relation to a relevant planning application made to the council is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing 2 years before the submission is made and ending when the application is determined:
(a)  all reportable political donations made to any local councillor of that council,
(b)  all gifts made to any local councillor or employee of that council.
A reference in this subsection to a reportable political donation made to a local councillor includes a reference to a donation made at the time the person was a candidate for election to the council.
(6)  The disclosure of a reportable political donation or gift under this section is to be made:
(a)  in, or in a statement accompanying, the relevant planning application or submission if the donation or gift is made before the application or submission is made, or
(b)  if the donation or gift is made afterwards, in a statement to the person to whom the relevant planning application or submission was made within 7 days after the donation or gift is made.
(7)  For the purposes of this section, a person has a financial interest in a relevant planning application if:
(a)  the person is the applicant or the person on whose behalf the application is made, or
(b)  the person is an owner of the site to which the application relates or has entered into an agreement to acquire the site or any part of it, or
(c)  the person is associated with a person referred to in paragraph (a) or (b) and is likely to obtain a financial gain if development that would be authorised by the application is authorised or carried out (other than a gain merely as a shareholder in a company listed on a stock exchange), or
(d)  the person has any other interest relating to the application, the site or the owner of the site that is prescribed by the regulations.
(8)  For the purposes of this section, persons are associated with each other if:
(a)  they carry on a business together in connection with the relevant planning application (in the case of the making of any such application) or they carry on a business together that may be affected by the granting of the application (in the case of a relevant planning submission), or
(b)  they are related bodies corporate under the Corporations Act 2001 of the Commonwealth, or
(c)  they are directors of the same body corporate, or they are directors of different bodies corporate that are related bodies corporate under the Corporations Act 2001 of the Commonwealth, or
(d)  one is a director of a body corporate and the other is the body corporate or a related body corporate under the Corporations Act 2001 of the Commonwealth, or
(e)  they have any other relationship prescribed by the regulations.
(9)  The disclosure of reportable political donations under this section is to include disclosure of the following details of each such donation made during the relevant disclosure period:
(a)  the name of the party or person for whose benefit the donation was made,
(b)  the date on which the donation was made,
(c)  the name of the donor,
(d)  the residential address of the donor (in the case of an individual) or the address of the registered or other official office of the donor (in the case of an entity),
(e)  the amount (or value) of the donation,
(f)  in the case of a donor that is an entity and not an individual—the Australian Business Number of the entity.
Note.
 The above details are the details required to be disclosed of political donations under Part 6 of the Election Funding and Disclosures Act 1981.
(10)  The disclosure of gifts under this section is to include disclosure of the following details of each such gift made during the relevant disclosure period:
(a)  the name of the person to whom the gift was made,
(b)  the date on which the gift was made,
(c)  the name of the person who made the gift,
(d)  the residential address of the person who made the gift (in the case of an individual) or the address of the registered or other official office of the person who made the gift (in the case of an entity),
(e)  the amount (or value) of the gift.
(11)  A person is guilty of an offence under section 125 in connection with the obligations under this section only if the person fails to make a disclosure of a political donation or gift in accordance with this section that the person knows, or ought reasonably to know, was made and is required to be disclosed under this section. The maximum penalty for any such offence is the maximum penalty under Part 6 of the Election Funding and Disclosures Act 1981 for making a false statement in a declaration of disclosures lodged under that Part.
(12)  Disclosures of reportable political donations and gifts under this section are to be made available to the public on, or in accordance with arrangements notified on:
(a)  a website maintained by the Department (in the case of planning applications or submissions made to the Minister or the Secretary), or
(b)  a website maintained by the council (in the case of planning applications or submissions made to that council).
The disclosures are to be made so available within 14 days after the disclosures are made under this section.
(13)  This section applies to relevant planning applications or submissions made after the commencement of this section and, in relation to any such application or submission, extends to political donations or gifts made before that commencement.
148   Disclosure and misuse of information
(1)  A person shall not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Act,
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.
(2)  A person acting in the administration or execution of this Act shall not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated.
(3)  A person acting in the administration or execution of this Act, and being in a position to do so, shall not, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated, influence:
(a)  the making of any provision of an environmental planning instrument or proposed environmental planning instrument, or
(b)  the determination of a development application, or
(c)  a decision concerning a complying development certificate, or
(d)  the giving of an order under Division 2A of Part 6.
(4)  In this section, a person is associated with another person if the person is the spouse, de facto partner, sibling, parent or child of the other person.
(5)  The maximum penalty for an offence under section 125 arising under this section is a tier 3 maximum penalty or imprisonment for a period not exceeding 6 months, or both.
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
148A   (Repealed)
148B   Offence—false or misleading information
(1)  A person must not provide information in connection with a planning matter that the person knows, or ought reasonably to know, is false or misleading in a material particular.
(2)  The maximum penalty for an offence under section 125 arising under this section is a tier 3 maximum penalty.
(3)  For the purposes of this section, a person provides information in connection with a planning matter if:
(a)  the person is an applicant for a consent, approval or certificate under this Act (or for the modification of any such consent, approval or certificate) and the information is provided by the applicant in or in connection with the application, or
(b)  the person is engaged by any such applicant and the information is provided by that person for the purposes of the application, or
(c)  the person is a proponent of proposed development and the information is provided in or in connection with a formal request to the Minister, a council, the Secretary or other planning authority for the making of provisions of an environmental planning instrument, Ministerial planning order, plan or other document under this Act in relation to the proposed development, or
(d)  the person provides information in connection with any other matter or thing under this Act that the regulations declare to be the provision of information in connection with a planning matter for the purposes of this section.
(4)  An environmental impact statement or other document is part of information provided in connection with a matter if it forms part of or accompanies the matter or is subsequently submitted in support of the matter.
Note.
 The Crimes Act 1900 contains other offences relating to false and misleading information: section 192G (Intention to defraud by false or misleading statement—maximum penalty 5 years imprisonment); sections 307A, 307B and 307C (False or misleading applications/information/documents—maximum penalty 2 years imprisonment or $22,000, or both).
149   Planning certificates
(1)  A person may, on payment of the prescribed fee, apply to a council for a certificate under this section (a planning certificate) with respect to any land within the area of the council.
(2)  On application made to it under subsection (1), the council shall, as soon as practicable, issue a planning certificate specifying such matters relating to the land to which the certificate relates as may be prescribed (whether arising under or connected with this or any other Act or otherwise).
(3)    (Repealed)
(4)  The regulations may provide that information to be furnished in a planning certificate shall be set out in the prescribed form and manner.
(5)  A council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware.
(6)  A council shall not incur any liability in respect of any advice provided in good faith pursuant to subsection (5). However, this subsection does not apply to advice provided in relation to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land within the meaning of Part 7A.
(7)  For the purpose of any proceedings for an offence against this Act or the regulations which may be taken against a person who has obtained a planning certificate or who might reasonably be expected to rely on that certificate, that certificate shall, in favour of that person, be conclusively presumed to be true and correct.
149A   Building certificates
(1)  A council may issue a building certificate in accordance with this section and sections 149B–149E.
(2)  A building certificate may apply to the whole or to part only of a building.
(3)  The regulations may provide for the form in which a building certificate is to be issued.
(4)    (Repealed)
Note.
 A building certificate under this Part replaces the building certificate formerly issued under the Local Government Act 1993.
149B   Applications for building certificates
(1)  An application for a building certificate may be made:
(a)  by the owner of the land on which the building is erected, or
(b)  by any other person, with the consent of the owner of that land, or
(c)  by the purchaser under a contract for the sale of property that comprises or includes the building or part, or by the purchaser’s Australian legal practitioner or agent, or
(d)  by a public authority that has notified the owner of its intention to apply for the certificate.
(2)  The regulations may provide for the procedures for making an application, the fees payable in connection with an application and the procedures for dealing with an application.
149C   Supply of information in connection with applications for building certificates
(1)  On receipt of an application, the council may, by notice in writing served on the applicant, require the applicant to supply it with such information (including building plans, specifications, survey reports and certificates) as may reasonably be necessary to enable the proper determination of the application.
(2)  If the applicant is able to provide evidence that no material change has occurred in relation to the building since the date of a survey certificate which, or a copy of which, is supplied to the council by the applicant, the council is not entitled to require the applicant to supply a more recent survey certificate.
149D   Obligations of council to issue building certificate
(1)  The council must issue a building certificate if it appears that:
(a)  there is no matter discernible by the exercise of reasonable care and skill that would entitle the council, under this Act or the Local Government Act 1993:
(i)  to order the building to be demolished, altered, added to or rebuilt, or
(ii)  to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or
(iii)  to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the council, or
(b)  there is such a matter but, in the circumstances, the council does not propose to make any such order or take any such proceedings.
(2)  If the council refuses to issue a building certificate, it must inform the applicant, by notice, of its decision and of the reasons for it.
(3)  The reasons must be sufficiently detailed to inform the applicant of the work that needs to be done to enable the council to issue a building certificate.
(4)  The council must not refuse to issue or delay the issue of a building certificate by virtue of the existence of a matter that would not entitle the council to make any order or take any proceedings of the kind referred to in subsection (1) (a).
(5)  Nothing in this section prevents the council from informing the applicant of the work that would need to be done before the council could issue a building certificate or from deferring its determination of the application until the applicant has had an opportunity to do that work.
149E   Effect of building certificate
(1)  A building certificate operates to prevent the council:
(a)  from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
(b)  from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters existing or occurring before the date of issue of the certificate.
(2)  A building certificate operates to prevent the council, for a period of 7 years from the date of issue of the certificate:
(a)  from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
(b)  from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters arising only from the deterioration of the building as a result solely of fair wear and tear.
(3)  However, a building certificate does not operate to prevent a council:
(a)  from making order No 6 in the Table to section 121B, or
(b)  from taking proceedings against any person under section 125 with respect to that person’s failure:
(i)  to obtain a development consent with respect to the erection or use of the building, or
(ii)  to comply with the conditions of a development consent.
(4)  An order or proceeding that is made or taken in contravention of this section is of no effect.
149F   Appeals with respect to building certificates
(1)  An applicant:
(a)  who is aggrieved by a council’s refusal to issue a building certificate, or
(b)  who is aggrieved by a council’s refusal to issue a building certificate within 40 days after:
(i)  the date of application for the certificate, or
(ii)  if the applicant receives a notice under section 149C to supply information, the date on which the information is supplied,
whichever is the later, or
(c)  who receives a notice under section 149C to supply information,
may appeal to the Court.
(2)  The appeal must be made within 12 months after the date on which the refusal is communicated to the person, the date on which the 40-day period expires or the date of the notice under section 149C, as the case requires.
(3)  On hearing the appeal, the Court may do any one or more of the following:
(a)  it may direct the council to issue a building certificate in such terms and on such conditions as the Court thinks fit,
(b)  it may revoke, alter or confirm a notice under section 149C,
(c)  it may make any other order that it considers appropriate.
149G   Record of building certificates
(1)  The council must keep a record of building certificates issued by it in such form as it thinks fit.
(2)  A person may inspect the record at any time during the ordinary office hours of the council.
(3)  A person may obtain a copy of a building certificate from the record with the consent of the owner of the building and on payment of the fee prescribed by the regulations.
150   Evidence
(1)  A document that purports to be a copy or extract of any document, map or plan embodied, incorporated or referred to in an environmental planning instrument is admissible in evidence if:
(a)  it purports to be printed by the Government Printer or by the authority of the Government, or
(b)  it purports to be certified:
(i)  where the original documents, maps or plans are held in the office of the Department—under the hand of such employee of the Department as is prescribed, or
(ii)  where the original documents, maps or plans are held in the offices of a council—under the hand of the mayor, general manager or public officer of the council.
(2)  Where the original documents, maps or plans are held in the office of:
(a)  the Department—the Secretary shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee, or
(b)  a council—that council shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee.
(3)  For the purposes of this section, a copy or extract of a map or plan:
(a)  may be to the same scale as the original document, map or plan or may be an enlarged or reduced copy, and
(b)  where the original document, map or plan is coloured, may be a coloured copy or may be a black and white copy.
151   Proof of ownership of land
(1)  In any legal proceedings under this Act, in addition to any other method of proof available:
(a)  evidence that the person proceeded against is rated in respect of any land to any rate under the Local Government Act 1993, otherwise than as a rate paying lessee, is, until the contrary is proved, evidence that the person is the owner of the land, or
(b)  a certificate furnished by the Registrar-General under subsection (2) with respect to any land is, until the contrary is proved, evidence that the person described in the certificate as the proprietor or owner of the land was the owner of that land at the time or during the period specified in the certificate pursuant to subsection (3) (b) (i) or (ii).
(2)  If:
(a)  written application with respect to any land is made to the Registrar-General under this subsection by a consent authority, and
(b)  the Registrar-General has been paid the prescribed fee,
the Registrar-General is to furnish to the consent authority a certificate setting out such of the particulars specified in subsection (3) as are recorded in the Register kept under the Real Property Act 1900 or in the General Register of Deeds maintained under Division 1 of Part 23 of the Conveyancing Act 1919 and as the Registrar-General is able to ascertain from the information about the land furnished in the application.
(3)  The particulars are:
(a)  the situation and a description of the land, and
(b)  in the case of:
(i)  land subject to the provisions of the Real Property Act 1900—the names and addresses of the person registered under that Act as the proprietor of the land at the time or during the period in respect of which the application is made and the date of registration of the instruments under which they became so registered, or
(ii)  land not subject to those provisions—the names and addresses of the owner of the land at the time or during the period in respect of which the application is made and the dates, and dates of registration under Division 1 of Part 23 of the Conveyancing Act 1919, of the instruments kept in the General Register of Deeds maintained under that Division under which the owner became the owner of the land.
(4)  Judicial notice is to be taken for the purposes of this Act of the signature of the Registrar-General and of a Deputy Registrar-General.
(5)  In subsection (2) (b), the reference to the prescribed fee is, in relation to an application made under that paragraph:
(a)  in the case of land subject to the provisions of the Real Property Act 1900—a reference to the fee prescribed under that Act for the purposes of that paragraph, or
(b)  in the case of land not subject to those provisions—a reference to the fee prescribed under the Conveyancing Act 1919 for the purposes of that paragraph.
152   Right to be heard
Except as provided by this Act or the regulations, if this Act confers a right on a person to be heard, that person shall be entitled to be heard personally or by an Australian legal practitioner or agent.
153   Notices
(1)  Where under this Act any notice or other document is required to be given to or served upon any person, the notice or other document may be given or served:
(a)  in the case of an individual:
(i)  by delivering it to him or her, or
(ii)  by sending it by prepaid post addressed to him or her at the address, if any, specified by him or her for the giving of notices or service of documents under this Act, or, where no such address is specified, at his or her usual or last known place of abode or his or her last known place of business, or
(b)  in the case of a person not being an individual:
(i)  by leaving it at that person’s place of business, or, if that person is a corporation, at the registered office of that corporation, with a person apparently not less than 16 years of age and apparently in the service of the person to whom the notice or other document is required to be given or on whom the notice or other document is required to be served, or
(ii)  by sending it by prepaid post addressed to that person at the address, if any, specified by that person for the giving of notices or service of documents under this Act, or, where no such address is specified, at that person’s last known place of business, or
(c)  by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person.
(2)  A notice or other document shall, in respect of a notice or other document sent by prepaid post in accordance with subsection (1) (a) (ii) or (b) (ii), be deemed to have been given or served at the time at which the notice or other document would be delivered in the ordinary course of post.
153A   Delegation by public authorities
(1)  A public authority (other than a council) may delegate any function conferred or imposed on the public authority by or under this Act (other than this power of delegation) to:
(a)  in the case of a public authority other than a chief executive officer—any officer or employee of the public authority, or
(b)  in the case of a chief executive officer—any officer or employee of the public authority of which the chief executive officer is the chief executive officer.
(2)  An officer or employee of a public authority (other than a council) may delegate any function conferred or imposed on the officer or employee by or under this Act (other than this power of delegation) to any other officer or employee of the public authority. However, a function conferred or imposed on the firstmentioned officer or employee by delegation may not be subdelegated unless the subdelegation is authorised by the terms of the delegation.
(3)  A power conferred by this section is in addition to any other power of delegation of the public authority, officer or employee or any power of a person to exercise functions on behalf of a public authority.
154   Transfer or amalgamation of land to which environmental planning instrument applies
(1)  Where land is transferred from one area to another area or is amalgamated with land of another area:
(a)  subject to paragraph (b), an environmental planning instrument shall continue to apply to the land to which it applied immediately before the date of the transfer or amalgamation, and so applies as in force at that date, and
(b)  the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of any environmental planning instrument applying to the land so transferred or amalgamated immediately before the date of the transfer or amalgamation.
(2)  Where land is transferred from one area to another area:
(a)  a planning proposal that has been placed on public exhibition in accordance with Division 4 of Part 3 and that applies to land including that land may, with the written consent of the council of that other area given within 2 months after the date of the transfer, be proceeded with as if the transfer had not taken effect,
(b)  subject to paragraph (c), the plan, when it takes effect as an environmental planning instrument, shall apply to that land, and so applies as in force at the date of publication of the plan on the NSW legislation website, and
(c)  the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of the plan, when it takes effect as an environmental planning instrument, so far as it applies to that land.
(3)  An environmental planning instrument referred to in subsection (1) or (2), to the extent that it applies to land so referred to, so applies subject to any subsequent environmental planning instrument applying to that land.
(4)  This section applies to and in respect of a transfer or amalgamation of land, whether or not it is effected pursuant to the Local Government Act 1993.
155   Paper subdivisions
Schedule 5 has effect.
156   (Repealed)
157   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  any function conferred by this Act on any person, or
(b)  requiring information, particulars, returns and statistics to be furnished to the Secretary by councils and the time and mode of furnishing and the manner of verifying them, or
(c)  the form, time, manner and mode of giving notices under this Act, or
(c1)  the content, form, erection, maintenance and removal of signs relating to the carrying out of development or persons involved with the carrying out of development, or
(d)  obligations on persons regarding fire safety, or
(d1)  temporary structures, or
(d2)  entertainment venues (including in connection with the existing use of premises), or
(e)  the purposes, objectives, provision and maintenance of affordable housing, including:
(i)  means for determining whether a household is a very low income, low income or moderate income household (for example, by reference to income statistics produced by the Australian Bureau of Statistics), and
(ii)  means for determining affordable housing costs payable in respect of affordable housing (for example, by reference to percentages of household income), and
(iii)  enabling the Minister by order to determine matters relating to affordable housing (including the matters referred to in subparagraphs (i) and (ii)), or
(f)  procedural matters in relation to the making of local environmental plans, or
(g)  the documents to be provided to, and the matters to be notified to, a consent authority, council or certifying authority under this Act.
(2)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(3)  A regulation may apply, adopt or incorporate any publication as in force from time to time.
158   Exclusion of personal liability
A matter or thing done, or omitted to be done, by:
(a)  the Minister, or
(b)  the Secretary, or
(c)  an employee of the Department, or
(d)  a member of the Planning Assessment Commission, a joint regional planning panel or an independent hearing and assessment panel, or
(d1)  any committee referred to in section 22, or any member of such a committee, or
(e)    (Repealed)
(f)  any person acting under the direction of a person or body referred to in paragraph (a)–(d1),
(g)    (Repealed)
does not subject the Minister, Secretary, employee, member or person so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of executing this Act.
158A   Copyright in documents used for purposes of this Act—indemnification
(1)  A relevant person who is not entitled to copyright in a document that is part of a planning matter is taken to have indemnified all persons using the document for the purposes of this Act against any claim or action in respect of a breach of copyright in the document.
(2)  For the purposes of this section:
(a)  a development application or an application for a complying development certificate (or an application to modify a development consent) is a planning matter, and the applicant is the relevant person, and
(b)  an application for approval to carry out State significant infrastructure (or an application to modify an approval of State significant infrastructure) is a planning matter, and the applicant is the relevant person, and
(c)  a Part 3A project or concept plan application within the meaning of Schedule 6A (or a request to modify an approval or concept plan under Part 3A), and any environmental assessment or report under Part 3A, is a planning matter, and the applicant is the relevant person, and
(d)  an environmental impact statement under Part 5 or 5.1 (including any preferred infrastructure report under Part 5.1) is a planning matter, and the proponent under Part 5 or 5.1 is the relevant person, and
(e)  a planning proposal under Part 3 is a planning matter, and the person preparing the proposal is the relevant person, and
(f)  a planning agreement referred to in section 93F is a planning matter, and the developer under the agreement is the relevant person, and
(g)  a matter or thing under this Act that is declared by the regulations for the purposes of this section is a planning matter, and the person declared by the regulations is the relevant person in respect of that matter or thing.
(3)  For the purposes of this section, a document is part of a planning matter if it forms part of or accompanies the planning matter, or is subsequently submitted by the relevant person in support of the planning matter or is exhibited or made public in accordance with a requirement made by or under this Act in relation to the planning matter.
(4)  The regulations may limit the operation of this section.
(5)  This section extends to a planning matter that was made or submitted before the commencement of this section.
158B   Online planning services and information
The Secretary is to establish and facilitate the online delivery of planning services and information (including the NSW planning portal).
158C   Establishment, content and maintenance of NSW planning database
(1)  The NSW planning database is established for the purposes of this Act.
(2)  The NSW planning database is an electronic repository of:
(a)  documents that are required by or under this Act to be published on the NSW planning portal, and
(b)  environmental planning instruments, plans or other documents that are required by or under this Act to be published on the NSW legislation website, and
(c)  spatial datasets or other maps that are adopted or incorporated by way of reference by those provisions or documents, and
(d)  other documents or information relating to the administration of this Act required to be published on the NSW planning portal by the regulations or by the Secretary.
(3)  The NSW planning database is to maintain historical as well as current versions of documents and other material required to be published on the NSW planning portal.
(4)  The NSW planning database is to be compiled and maintained as determined by the Secretary.
(5)  The NSW planning database may comprise separate databases for different material. Any such separate databases may be compiled and maintained by other agencies, including the legislation database compiled and maintained by the Parliamentary Counsel for publication of environmental planning instruments or other material on the NSW legislation website.
158D   Public access to documents and information on the NSW planning portal
(1)  The Secretary is to make arrangements for documents or other information in the NSW planning database to be published on the NSW planning portal and such other websites as are determined by the Secretary.
(2)  The Secretary may certify the form of such documents or other information that is correct.
(3)  Environmental planning instruments, plans or other documents and information need not be published on the NSW planning portal if they are published on the NSW legislation website (or the website of another agency) and can be readily accessed from the NSW planning portal.
(4)  If the NSW planning portal is not available to publish a document or other information for technical or other reasons, the document or other information may be published on the NSW legislation website.
Note.
 The NSW planning portal is defined by section 4 to mean the website with the URL of www.planningportal.nsw.gov.au, or any other website, used by the Secretary to provide public access to documents or other information in the NSW planning database.
158E   Regulations and other provisions relating to online planning services and information
(1)  The regulations may make provision for or with respect to the online delivery of planning services and information, including:
(a)  the NSW planning portal and other specialised planning portals (including the status of services and information delivered online), and
(b)  access to information (and the issue of certificates) about land use zoning and development standards relating to particular land, and
(c)  the lodgment or submission of applications and other things under this Act, and
(d)  the assessment of categories of development for which there are codified criteria or standards, and
(e)  the registration of consents, approvals or certificates (or other documents) and their effect on registration, and
(f)  the notification of the making or determination of applications for (or the issue or grant of) consents, approvals or certificates (or other documents) by means of the NSW planning portal.
(2)  The charges or fees that may be prescribed by the regulations under section 137 extend to charges or fees in relation to the online delivery of planning services and information (including the compilation and maintenance of the NSW planning database, the operation of the NSW planning portal and the enhancement of the NSW planning database and the NSW planning portal).
(3)  For the purpose of facilitating online delivery of planning services and information:
(a)  the Secretary may determine standard technical requirements with respect to:
(i)  the preparation of environmental planning instruments, plans or other documents and of any spatial datasets or other maps that are referred to in (or adopted under) those instruments, plans or documents, and
(ii)  the form of applications for consents, approvals or certificates (or other documents) under this Act and the form of any such consents, approvals or certificates (or other documents), and
(b)  a council or other planning body is to provide the Secretary, when requested, with electronic files (in a specified format) of any such instruments, plans or other documents (or of any spatial datasets or other maps) prepared or held by it, and
(c)  a council or other planning body is to implement any standard technical requirements determined by the Secretary to facilitate access to relevant data in the electronic systems maintained by the council or other body or to transfer that data to the NSW planning database.
(4)  The Secretary is to establish on a departmental website an alert facility to enable members of the public to register for the purposes of receiving electronic notification of selected new planning decisions and matters.
159   Savings, transitional and other provisions
Schedule 6 has effect.