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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 20 September 2017 at 12:05)
Part 3B
Part 3B Strategic planning
75AA   Interpretation
(1)  In this Part:
district means a part of a region declared to be a district under section 75AB (b).
district plan means a district plan made under this Part.
region means:
(a)  the Greater Sydney Region, or
(b)  any other area declared to be a region under section 75AB (a).
regional plan means a regional plan made under this Part.
relevant strategic planning authority means:
(a)  in the case of the Greater Sydney Region—the Greater Sydney Commission, or
(b)  in the case of any other region—the Secretary or any other person or body prescribed by the regulations for the purposes of this paragraph.
strategic plan means a regional plan or a district plan.
(2)  For the purposes of this Part, preparing or making a strategic plan includes preparing or making a strategic plan to amend, replace or repeal a strategic plan.
75AB   Declaration of regions and districts
The Minister may, by order published on the NSW planning portal, declare:
(a)  any area of the State (other than the Greater Sydney Region) to be a region for the purposes of this Part, and
(b)  any part of the Greater Sydney Region or other region to be a district for the purposes of this Part.
75AC   Regional plans—preparation and content
(1)  The relevant strategic planning authority for a region may, or must if directed to do so by the Minister, prepare a draft regional plan for the region.
(2)  A draft regional plan must include or identify the following:
(a)  the basis for strategic planning in the region, having regard to economic, social and environmental matters,
(b)  a vision statement and objectives consistent with the vision statement,
(c)  strategies and actions for achieving those objectives,
(d)  the basis on which the relevant strategic planning authority is to monitor and report on the implementation of those actions,
(e)  such other matters as the relevant strategic planning authority considers relevant to planning for the region.
(3)  In preparing a draft regional plan, the relevant strategic planning authority is to have regard to the following:
(a)  State environmental planning policies that apply to the region,
(b)  any other strategic plan that applies to the region,
(c)  any 20-year State infrastructure strategy, 5-year infrastructure plan and sectoral State infrastructure strategy statement under Part 4 of the Infrastructure NSW Act 2011,
(d)  any other relevant government policies and plans in force at the time the draft plan is prepared,
(e)  in the case of a draft plan that applies to the Greater Sydney Region—any report prepared by the Strategic Planning Committee constituted under the Greater Sydney Commission Act 2015,
(f)  any matter that the Minister directs the relevant strategic planning authority to have regard to in preparing the draft plan,
(g)  any other matters the relevant strategic planning authority considers relevant.
(4)  If there is no district plan for any part of the region, the draft regional plan may identify for that part of the region matters that may be identified in a district plan (until there is a district plan).
75AD   District plans—preparation and content
(1)  The relevant strategic planning authority for a region (other than the Greater Sydney Region) may, or must if directed to do so by the Minister, prepare a draft district plan for a district in the region.
(2)  If a district is declared for the Greater Sydney Region, the Greater Sydney Commission is to prepare a draft district plan for the district, and ensure that the public exhibition of the draft plan commences, within the period of 12 months after the district is declared.
(3)  A draft district plan must include or identify the following:
(a)  the basis for strategic planning in the district, having regard to economic, social and environmental matters,
(b)  the planning priorities for the district that are consistent with the objectives, strategies and actions specified in the regional plan for the region in respect of which the district is part,
(c)  the actions required for achieving those planning priorities,
(d)  the basis on which the relevant strategic planning authority is to monitor and report on the implementation of those actions,
(e)  areas of State, regional or district significance, including priority growth areas,
(f)  such other matters as the relevant strategic planning authority considers relevant to planning for the district.
(4)  In preparing a draft district plan, the relevant strategic planning authority is to have regard to the following:
(a)  any environmental planning instrument applying to the district,
(b)  any other strategic plan that applies to the district (including areas adjoining the district),
(c)  any 20-year State infrastructure strategy, 5-year infrastructure plan and sectoral State infrastructure strategy statement under Part 4 of the Infrastructure NSW Act 2011,
(d)  any other relevant government policies and plans in force at the time the draft plan is prepared,
(e)  in the case of a draft plan that applies to a district in the Greater Sydney Region—any report prepared by the Strategic Planning Committee constituted under the Greater Sydney Commission Act 2015,
(f)  any matter that the Minister directs the relevant strategic planning authority to have regard to in preparing the draft plan,
(g)  any other matters the relevant strategic planning authority considers relevant.
(5)  If there is no regional plan for any part of the district concerned, the draft district plan may identify for that part of the district matters that may be identified in a regional plan (until there is a regional plan).
75AE   Making and review of regional plans
(1)  The relevant strategic planning authority for a region may, or must if directed to do so by the Minister, submit a draft regional plan it has prepared to the Minister.
(2)  The Minister may make a regional plan in the form in which it is submitted or with such modifications as the Minister considers appropriate. The Minister may decide not to make the draft plan.
(3)  The document entitled A Plan for Growing Sydney, published on the website of the Department and in force as at the commencement of this Part, is taken to be the regional plan made under this Part for the Greater Sydney Region (the initial GSR plan).
(4)  The Greater Sydney Commission is to review the initial GSR plan before the end of 2017 and at the end of every subsequent period of 5 years.
(5)  The relevant strategic planning authority for a region other than the Greater Sydney Region is to review any regional plan for the region at such times and in such manner as the Minister may direct.
(6)  Following any review under subsection (4) or (5), the Minister may make a regional plan for the region concerned.
75AF   Making of district plans
(1)  The relevant strategic planning authority for a region other than the Greater Sydney Region may, or must if directed to do so by the Minister, submit a draft district plan it has prepared to the Minister.
(2)  The Minister may make a district plan in the form in which it is submitted or with such modifications as the Minister considers appropriate. The Minister may decide not to make the draft plan.
(3)  A district plan for a district in the Greater Sydney Region may be made by the Greater Sydney Commission.
(4)  The Greater Sydney Commission is to review a district plan every 5 years after it is made by the Commission.
75AG   Publication and commencement of strategic plans
A strategic plan:
(a)  must be published on the NSW planning portal, and
(b)  commences on the date of publication or a later date specified in the plan.
75AH   Mandatory public exhibition requirements
(1)  A draft strategic plan must be publicly exhibited for a period of at least 45 days.
(2)  Before a proposed strategic plan is prepared for public exhibition, the relevant strategic planning authority is to give public notice of the ways in which the community can participate in the preparation of the draft plan.
(3)  In making a strategic plan, the Minister or, in the case of a district plan for a district in the Greater Sydney Region, the Greater Sydney Commission is to have regard to any submissions (or summary of submissions) that have been made about the draft strategic plan.
75AI   Implementation of strategic plans
(1)  In preparing a draft district plan, the relevant strategic planning authority is to give effect to any regional plan applying to the region in respect of which the district is part.
(2)  In preparing a planning proposal under section 55, the relevant planning authority is to give effect:
(a)  to any district plan applying to the local government area to which the planning proposal relates (including any adjoining local government area), or
(b)  if there is no district plan applying to the local government area—to any regional plan applying to the region in respect of which the local government area is part.
(3)  As soon as practicable after a district plan is made, the council for each local government area in the district to which the plan applies must review the local environmental plans for the area and prepare such planning proposals under section 55 as are necessary to give effect to the district plan.
(4)  In addition to the requirement under subsection (3), the council for each local government area in the Greater Sydney Region must, on the making of a district plan that applies to that area, report to the Greater Sydney Commission:
(a)  on the review by the council of the local environmental plans for the area, and
(b)  on the preparation of planning proposals under section 55 to give effect to the district plan.
75AJ   Dispensing with conditions precedent to making strategic plans
(1)  For the purposes of doing any one or more of the following, a strategic plan may be made without compliance with the conditions precedent under this Part to the making of strategic plans:
(a)  to correct an obvious error or misdescription,
(b)  to make changes that will not have any significant adverse impact on the environment or adjoining land,
(c)  to make provision for matters that are, in the opinion of the Minister, of State or regional significance or of significance to a district (but only if the proposed plan has been publicly exhibited for the period determined by the Minister).
(2)  The publication of a strategic plan made in reliance on subsection (1) is to contain a statement that it is so made.
75AK   Legal proceedings relating to strategic planning
(1)  In this section:
legal proceedings means proceedings for an order under Division 3 of Part 6 or any other kind of legal proceedings (other than criminal proceedings).
(2)  Legal proceedings (other than those instituted by or with the approval of the Minister) in relation to the validity of a strategic plan cannot be instituted after the period of 3 months following the publication of the strategic plan on the NSW planning portal.
(3)  The only requirement of or made under this Part in relation to a strategic plan that is mandatory is the requirement to publicly exhibit the draft plan for a period of 45 days.
(4)  Nothing in this Part prevents a local environmental plan from being made or invalidates the plan once it is made.
(5)  This section applies despite any other provision of this Act or any other Act or law.
75AL   Regulations relating to strategic planning
The regulations may make provision for or with respect to the following:
(a)  the review of strategic plans,
(b)  the appointment and functions of relevant strategic planning authorities for regions other than the Greater Sydney Region,
(c)  the form and content of strategic plans (including the standardisation of the provisions of strategic plans),
(d)  requirements for the submission of reports and documents relating to the preparation and review of strategic plans,
(e)  the public exhibition and notice requirements for proposed strategic plans,
(f)  any other matter relating to the strategic planning framework under this Part (including, without limitation, the preparation, making and online delivery of strategic plans).