Environmental Planning and Assessment Regulation 2000
Historical version for 7 September 2009 to 25 October 2009 (accessed 3 June 2020 at 14:32) Current version
Part 1
Part 1 Preliminary
1   Name of Regulation
This Regulation is the Environmental Planning and Assessment Regulation 2000.
2   Commencement
This Regulation commences on 1 January 2001.
3   Definitions
(cf clause 3 of EP&A Regulation 1994)
(1)  In this Regulation:
accredited body corporate has the same meaning as in the Building Professionals Act 2005.
alternative solution has the same meaning as in the Building Code of Australia.
approval body has the same meaning as in section 90A of the Act.
assessment method has the same meaning as in the Building Code of Australia.
Australian Rail Track Corporation Ltd means the Australian Rail Track Corporation Ltd (ACN 081 455 754).
BASIX affected building means any building that contains one or more dwellings, but does not include a hotel or motel.
BASIX affected development means any of the following development that is not BASIX excluded development:
(a)  development that involves the erection (but not the relocation) of a BASIX affected building,
(b)  development that involves a change of building use by which a building becomes a BASIX affected building,
(c)  development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimated construction cost of the development is:
(i)  $100,000 or more—in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or
(ii)  $50,000 or more—in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007,
(d)  development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of 40,000 litres or more.
BASIX certificate means a certificate issued by the Director-General under clause 164A.
BASIX excluded development means any of the following development:
(a)  development for the purpose of a garage, storeroom, car port, gazebo, verandah or awning,
(b)  alterations, enlargements or extensions to a building listed on the State Heritage Register under the Heritage Act 1977,
(c)  alterations, enlargements or extensions that result in a space that cannot be fully enclosed (for example, a verandah that is open or enclosed by screens, mesh or other materials that permit the free and uncontrolled flow of air), other than a space can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
(d)  alterations, enlargements or extensions that the Director-General has declared, by order published in the Gazette, to be BASIX excluded development.
BASIX optional development means any of the following development that is not BASIX excluded development:
(a)  development that involves the alteration, enlargement or extension of a BASIX affected building, where the estimate of the construction cost of the development is:
(i)  less than $100,000—in the case of development for which a development application or an application for a complying development certificate is made on or after 1 October 2006 and before 1 July 2007, or
(ii)  less than $50,000—in the case of development for which a development application or an application for a complying development certificate is made on or after 1 July 2007,
(b)  development for the purpose of a swimming pool or spa, or combination of swimming pools and spas, that services or service only one dwelling and that has a capacity, or combined capacity, of less than 40,000 litres.
building premises, in relation to a building, means the building and the land on which it is situated.
Category 1 fire safety provision means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code.
Category 2 fire safety provision means the following provisions of the Building Code of Australia, namely, CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.
Category 3 fire safety provision means the following provisions of the Building Code of Australia, namely, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume One of that Code.
class, in relation to a building or part of a building, means:
(a)  in a provision of this Regulation that imposes requirements with respect to a development consent, the class to which the building belongs, as identified by that consent, or
(b)  in any other provision of this Regulation, the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia.
Class 1 aquaculture development means development of the kind referred to in clause 5 (1) (d).
concurrence authority means a person whose concurrence is, by the Act or an environmental planning instrument, required by the consent authority before determining a development application.
contributions plan means a contributions plan referred to in section 94EA of the Act.
deemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.
Department means the Department of Urban Affairs and Planning.
Director-General means the Director-General of the Department.
dwelling, in relation to a BASIX affected building, means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.
environmental impact statement means an environmental impact statement referred to in section 78A or 112 of the Act.
existing use right means a right conferred by Division 10 of Part 4 of the Act.
exit has the same meaning as in the Building Code of Australia.
fire alarm communication link means that part of a fire alarm system which relays a fire alarm signal from the system to an alarm monitoring network.
Fire Commissioner means the Commissioner of New South Wales Fire Brigades.
fire compartment has the same meaning as in the Building Code of Australia.
fire link conversion means the conversion of a fire alarm communication link from connection with the fire alarm monitoring network operated by the New South Wales Fire Brigades to connection with an alarm monitoring network operated by a private service provider.
fire link conversion schedule means a conversion schedule referred to in clause 168A (2) (a).
fire protection and structural capacity of a building means:
(a)  the structural strength and load-bearing capacity of the building, and
(b)  the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and
(c)  the measures to restrict the spread of fire from the building to other buildings nearby.
fire safety engineer means a person holding Category C10 accreditation under the Building Professionals Act 2005.
fire safety requirement means a requirement under the Building Code of Australia relating to:
(a)  a fire safety system, as defined in the Building Code of Australia, and components of a fire safety system, or
(b)  the safety of persons in the event of fire, or
(c)  the prevention, detection or suppression of fire.
fire safety schedule means a schedule referred to in clause 168 (1), 168A (2) (b) or 182 (2).
local newspaper means a newspaper circulating throughout the relevant area at intervals of not more than 2 weeks.
nominated integrated development means development of the kind referred to in clause 5 (1) (b).
other advertised development means development of the kind referred to in clause 5 (2).
performance requirement has the same meaning as in the Building Code of Australia.
private service provider means a person or body that has entered into an agreement with the New South Wales Fire Brigades to monitor fire alarm systems.
qualified designer means a person registered as an architect in accordance with the Architects Act 2003.
Note.
 A building designer may be able to be registered as an architect in accordance with the Architects Act 2003 even though the person may have no formal qualifications in architecture.
regional panel means a joint regional planning panel.
relevant BASIX certificate, in relation to development, means:
(a)  in the case of development the subject of development consent:
(i)  a BASIX certificate that is applicable to the development when development consent is granted or (in the case of development consent modified under section 96 of the Act) modified, or
(ii)  if a replacement BASIX certificate accompanies any subsequent application for a construction certificate, the replacement BASIX certificate applicable to the development when the construction certificate is issued or (in the case of a construction certificate modified under clause 148) modified, or
(b)  in the case of development the subject of a complying development certificate, a BASIX certificate that is applicable to the development when the complying development certificate is granted or (in the case of a complying development certificate modified under section 87 of the Act) modified.
relevant submission period means:
(a)  in relation to submissions concerning a draft development control plan, the submission period specified for the plan in the notice referred to in clause 18 (1), or
(b)  in relation to submissions concerning a draft contributions plan, the submission period specified for the plan in the notice referred to in clause 28, or
(c)  in relation to submissions concerning designated development that has been notified as required by section 79 (1) of the Act, the submission period specified for the development in the notice referred to in clause 78 (1), or
(d)  in relation to submissions concerning State significant advertised development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 83 (1), or
(e)  in relation to submissions concerning nominated integrated development that has been notified as required by section 79A (1) of the Act, the submission period specified for the development in the notice referred to in clause 89 (1), or
(f)  in relation to submissions concerning development that has been notified or advertised as required by a development control plan referred to in section 79A (2) of the Act, the submission period specified for the development in the instrument by which the development has been so notified or advertised, or
(g)    (Repealed)
(h)  in relation to submissions concerning development of a kind referred to in two or more of paragraphs (c), (d), (e) and (f), the longer or longest of those periods.
required, when used as an adjective, has the same meaning as in the Building Code of Australia.
section 94 condition means a condition under section 94 of the Act requiring the dedication of land or the payment of a monetary contribution, or both.
section 94 contribution means the dedication of land, the payment of a monetary contribution or the provision of a material public benefit, as referred to in section 94 of the Act.
section 94A condition means a condition under section 94A of the Act requiring the payment of a levy.
section 94A levy means the payment of a levy, as referred to in section 94A of the Act.
site compatibility certificate means the following:
(a)  site compatibility certificate (affordable rental housing),
(b)  site compatibility certificate (infrastructure),
(c)  site compatibility certificate (seniors housing).
site compatibility certificate (affordable rental housing) means a certificate issued under clause 37 (5) of State Environmental Planning Policy (Affordable Rental Housing) 2009.
site compatibility certificate (infrastructure) means a certificate issued under clause 19 (5) of State Environmental Planning Policy (Infrastructure) 2007.
site compatibility certificate (seniors housing) means a certificate issued under clause 25 (4) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
State significant advertised development means development of the kind referred to in clause 5 (1) (a).
temporary building means:
(a)  a temporary structure, or
(b)  a building that is stated to be a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.
threatened species development means development of the kind referred to in clause 5 (1) (c).
(2)  A reference in this Regulation to building work does not include a reference to any physical activity involved in the erection of a temporary structure.
Note.
 Building work is defined by the Act to mean any physical activity involved in the erection of a building.
(3)  A reference in this Regulation to an existing building does not include a reference to a temporary structure.
3A   Exclusion from definition of “development”
For the purposes of the definition of development in section 4 (1) of the Act, the demolition of a temporary structure is prescribed as not being such development.
4   What is designated development?
(cf clause 53C of EP&A Regulation 1994)
(1)  Development described in Part 1 of Schedule 3 is declared to be designated development for the purposes of the Act unless it is declared not to be designated development by a provision of Part 2 or 3 of that Schedule.
(2)  Part 4 of Schedule 3 defines certain words and expressions used in that Schedule.
(3)  Part 5 of Schedule 3 prescribes how certain distances are to be measured for the purposes of that Schedule.
(4)  Schedule 3, as in force when a development application is made, continues to apply to and in respect of the development application regardless of any subsequent substitution or amendment of that Schedule, and the application is unaffected by any such substitution or amendment.
(5)  References in subclause (4) to Schedule 3 include references to Schedule 3 to the Environmental Planning and Assessment Regulation 1994.
5   What is advertised development?
(cf clause 63 of EP&A Regulation 1994)
(1)  For the purposes of the definition of advertised development in section 4 (1) of the Act, the following types of development (not being designated development) are identified as advertised development:
(a)  State significant development referred to in section 76A (7) (b) or (d) of the Act (not being Class 1 aquaculture development), referred to in this Regulation as State significant advertised development,
(b)  integrated development (not being State significant advertised development, threatened species development or Class 1 aquaculture development) that requires an approval (within the meaning of section 90A of the Act) under:
(i)  a provision of the Heritage Act 1977 specified in section 91 (1) of the Act, or
(ii)  a provision of the Water Management Act 2000 specified in section 91 (1) of the Act, or
(iii)  a provision of the Protection of the Environment Operations Act 1997 specified in section 91 (1) of the Act,
referred to in this Regulation as nominated integrated development,
(c)  development referred to in section 78A (8) (b) of the Act (not being State significant advertised development), referred to in this Regulation as threatened species development,
(d)  development that, pursuant to State Environmental Planning Policy No 62—Sustainable Aquaculture, is Class 1 aquaculture development, referred to in this Regulation as Class 1 aquaculture development.
(2)  For the purposes of this Regulation, each of the following kinds of development, namely:
(a)  nominated integrated development,
(b)  threatened species development,
(c)  Class 1 aquaculture development,
(d)  any development that is identified as advertised development by an environmental planning instrument or a development control plan,
is referred to in this Regulation as other advertised development.
(3)  A reference in subclause (1) to State significant development is a reference to development which, before the repeal of section 76A (7) of the Act, was State significant development and which (under transitional provisions of or made under the Act) continues to be subject to the former provisions of the Act relating to State significant development.
6   When is public notice given?
(cf clause 5 of EP&A Regulation 1994)
Public notice in a local newspaper is given for the purposes of this Regulation when the notice is first published in a local newspaper, even if the notice is required to be published more than once or in more than one newspaper.
7   Building Code of Australia
(cf clause 5A of EP&A Regulation 1994)
(1)  For the purposes of the definition of Building Code of Australia in section 4 (1) of the Act:
(a1)  the document referred to in that definition is:
(i)  the document published in October 1996 under the title Building Code of Australia, or
(ii)  if the document referred to in subparagraph (i) (or any replacement document under this subparagraph) is replaced by another document published under a title that includes the words “Building Code of Australia” together with a reference to the year 2004 or a later year, that other document, and
(a)  all amendments to that Code that are from time to time made by the Australian Building Codes Board are prescribed, and
(b)  all variations of that Code that are from time to time approved by the Australian Building Codes Board in relation to New South Wales are prescribed.
(2)  Any such amendment or variation comes into effect on the adoption date specified in that regard for New South Wales in the document by which the amendment or variation is published on behalf of the Australian Building Codes Board.
(2A)  Despite subclause (2), any amendment or variation to that Code that replaces references to places of public entertainment with references to entertainment venues comes into effect on the date on which this Regulation is amended to make provision for entertainment venues, and until that date, that Code continues to apply as if the amendment or variation had not been made.
(3)  For the purposes of the Act, this Regulation, an environmental planning instrument or any other instrument made under the Act, a reference in the Building Code of Australia to a place of public entertainment, public entertainment or a temporary structure is a reference to a place of public entertainment, public entertainment or a temporary structure, respectively, within the meaning of the Act.
8   Notes
(cf clause 4 of EP&A Regulation 1994)
The explanatory note, table of contents and notes in this Regulation do not form part of this Regulation.