- Environmental Planning and Assessment Regulation 2000
- Status information
- Part 1 Preliminary
- Part 1A Transitional Part 3A projects
- 8A Definitions
- 8B Matters for environmental assessment and Ministerial consideration
- 8C Time limits for dealing with applications and other matters
- 8D Rejection of applications if proponent fails to comply with requirements
- 8E Provisions relating to appeals
- 8F Owner’s consent or notification
- 8G Public information about documents relating to projects
- 8H Fees
- 8I Enforcement: critical infrastructure
- 8J Transitional provisions
- 8K Transitional provision—existing mining leases
- 8L Transitional provision—objections under Mining Act in relation to Part 3A projects
- 8M Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act
- 8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations
- 8O Other projects prohibited by environmental planning instruments for which project approval may not be given
- 8OA Transitional provision—projects or concept plans otherwise prohibited for which approval may be given
- 8P Surrender of approvals given under Part 3A of the Act or existing use rights
- Part 2 Environmental planning instruments
- 9 Joint regional planning panel—eligible relevant planning authority
- 10 Public authorities must concur in proposed reservation of land by LEP
- 10A Notification when council does not support request to prepare planning proposal
- 11 Fee payable for costs and expenses of studies etc by relevant planning authority
- 12 Continuation of former provisions for making LEPs
- 12A Operation of 2010 amending Regulation
- 13 Saving of previous threatened species consultation under section 34A
- 14 Saving of actions taken for preparation of SEPP
- 15 REPs deemed to be SEPPs—interpretation
- 15A Transitional provision relating to affordable housing
- Part 3 Development control plans
- Part 4 Development contributions
- Division 1 Preliminary
- Division 1A Planning agreements
- 25B Form and subject-matter of planning agreements
- 25C Making, amendment and revocation of agreements
- 25D Public notice of planning agreements
- 25E Explanatory note
- 25F Councils to facilitate public inspection of relevant planning agreements
- 25G Director-General to facilitate public inspection of relevant planning agreements
- 25H Other planning authorities to facilitate public inspection of relevant planning agreements
- Division 1B Development consent contributions
- Division 1C Preparation of contributions plans
- Division 2 Public participation
- Division 3 Approval of contributions plans
- Division 4 Amendment and repeal of contributions plans
- Division 5 Accounting
- Division 6 Public access
- Part 5 Existing uses
- 39 Definitions
- 40 Object of Part
- 41 Certain development allowed
- 42 Development consent required for enlargement, expansion and intensification of existing uses
- 43 Development consent required for alteration or extension of buildings and works
- 44 Development consent required for rebuilding of buildings and works
- 45 Development consent required for changes of existing uses
- 46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
- 46A (Repealed)
- Part 6 Procedures relating to development applications
- Division 1 Development applications generally
- 47 Application of Part
- 48 Consent authority to provide development application forms to intending applicants
- 49 Persons who can make development applications
- 50 How must a development application be made?
- 51 Rejection of development applications
- 52 Withdrawal of development applications
- 53 Consent authority may require additional copies of development application and supporting documents
- 54 Consent authority may request additional information
- 55 What is the procedure for amending a development application?
- 55A Amendments with respect to BASIX commitments
- 56 Extracts of development applications to be publicly available
- 57 (Repealed)
- Division 2 Development applications for development requiring concurrence
- Division 3 Development applications for integrated development
- 65 Application of Division
- 66 Seeking general terms of approval
- 67 Approval body may require additional information
- 68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
- 69 Forwarding of submissions to approval bodies
- 70 Notification of general terms of approval
- Division 3A Special provisions relating to staged development applications
- Division 4
- Division 5 Public participation—designated development
- 77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
- 78 What information must a written notice of designated development contain?
- 79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
- 80 How is the notice under section 79 (1) (d) published for designated development?
- 81 Forwarding of submissions to Director-General
- Division 6 Public participation—State significant development
- Division 7 Public participation—other advertised development
- 86 Application of Division
- 87 How must a development application be publicly notified?
- 88 Who must written notice be given to?
- 89 What information must be contained in a written notice and a published notice?
- 90 Circumstances in which notice requirements may be dispensed with
- 91 Public notification of development application and accompanying information
- Division 8 Determination of development applications
- 92 What additional matters must a consent authority take into consideration in determining a development application?
- 92A (Repealed)
- 93 Fire safety and other considerations
- 94 Consent authority may require buildings to be upgraded
- 94A Fire safety and other considerations applying to erection of temporary structures
- 95 Deferred commencement consent
- 96 Imposition of conditions—ancillary aspects of development
- 97 Modification or surrender of development consent or existing use right
- 97A Fulfilment of BASIX commitments
- Division 8A Prescribed conditions of development consent
- 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
- 98A Erection of signs
- 98B Notification of Home Building Act 1989 requirements
- 98C Conditions relating to entertainment venues
- 98D Condition relating to maximum capacity signage
- 98E Condition relating to shoring and adequacy of adjoining property
- Division 9
- Division 10 Post-determination notifications
- 100 Notice of determination
- 101 Additional particulars with respect to section 94 and 94A conditions
- 102 How soon must a notice of determination be sent?
- 103 Notice under section 81A of the Act of appointment of principal certifying authority
- 103A Notice under section 81A of the Act of critical stage inspections
- 104 Notice under section 81A of the Act of intention to commence subdivision work or erection of building
- 105 Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
- Division 11 Time within which development application procedures to be completed
- 106 Definitions
- 107 First 2 days after development application is lodged
- 108 Days prior to referral of application to other bodies to be disregarded
- 109 Days occurring while consent authority’s request for additional information remains unanswered
- 110 Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
- 111 Days occurring during consultation under National Parks and Wildlife Act 1974
- 112 Consent authority to notify applicant that time has ceased to run
- 113 Applications taken to be refused
- 113A Public participation: application under section 82A of the Act for review of council’s determination
- 113B Period after which Crown development applications may be referred to Minister or regional panel
- Division 12 Development consents—extension, completion and modification
- 114 What is the form for an application for extension of a development consent?
- 114A (Repealed)
- 115 Application for modification of development consent
- 116 Modification of consent granted by Court
- 117 Modification of consent involving minimal environmental impact
- 118 Applications under sections 96 (2) and 96AA for modification of certain development consents
- 119 Public participation—applications under sections 96 (2) and 96AA for modification of other development consents
- 120 Notification of concurrence authorities and approval bodies
- 121 Applications for modifications of development consents to be kept available for public inspection
- 122 Notice of determination of application to modify development consent
- 122A Effect of failure to determine modification applications
- 123 Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
- 123A Effect of amendments made by Land and Environment Court Amendment Act 2002
- Division 12A Additional provisions where regional panel is exercising consent authority functions
- 123B Application of Division
- 123C Development applications where land is in 2 or more local government areas
- 123D Provisions of Act not to apply as if regional panels were councils
- 123E Procedural matters related to determination of development applications
- 123F Procedural matters relating to determination of applications to modify consents
- Division 12B Applications for review under Division 2 of Part 4 of the Act
- Division 13 Validity of development consents
- Division 14 Review conditions
- Division 15 Calling in development as State significant development
- Part 7 Procedures relating to complying development certificates
- Division 1 Applications for complying development certificates
- 125 Application of Part
- 126 How must an application for a complying development certificate be made?
- 127 Council or accredited certifier may require additional information
- 128 Council or accredited certifier to supply application form for complying development certificates
- 129 (Repealed)
- 129A Amendments with respect to BASIX commitments
- 129B Restriction on issue of complying development certificate
- 129C Record of site inspections
- Division 2 Determination of applications and commencement of complying development
- 130AA Time limit for determining application for complying development certificate
- 130 Procedure for determining application for complying development certificate and notification requirements
- 130A Copy of particular documents to be given to NSW Rural Fire Service and council
- 131 Development standards for change of building use
- 132 Development standards for building work involving the alteration, enlargement or extension of an existing building
- 133 Development standards for erection of temporary structure
- 134 Form of complying development certificate
- 135 Notice under section 86 of the Act of appointment of principal certifying authority
- 135A Notice under section 86 of the Act of critical stage inspections
- 136 Notice under section 86 of the Act of intention to commence subdivision work or erection of building
- Division 2A Conditions of complying development certificate
- 136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
- 136B Erection of signs
- 136C Notification of Home Building Act 1989 requirements
- 136D Fulfilment of BASIX commitments
- 136E Development involving bonded asbestos material and friable asbestos material
- 136F, 136G (Repealed)
- 136H Condition relating to shoring and adequacy of adjoining property
- Division 3 Validity of complying development certificates
- Part 8 Certification of development
- Division 1 Compliance certificates
- Division 2 Construction certificates
- 139 Applications for construction certificates
- 139A Withdrawal of application for construction certificate
- 140 Certifying authority may require additional information
- 141 Certifying authority to supply application form for construction certificates
- 142 Procedure for determining application for construction certificate
- 143 Fire protection and structural capacity
- 143A Special requirements for construction certificates for residential flat development
- 143B Restriction on issue of certain construction certificates without inspection
- 143C Record of site inspections
- 144 Referral of certain plans and specifications to New South Wales Fire Brigades
- 144A Compliance certificate required for certain fire safety aspects of building work
- 145 Compliance with development consent and Building Code of Australia
- 146 Compliance with conditions of development consent
- 146A Restriction on issue of construction certificates without compliance with planning agreement
- 147 Form of construction certificate
- 148 Modification of construction certificate
- Division 3 Occupation certificates
- 149 Applications for occupation certificates
- 149A Certifying authority may require additional information
- 150 Certifying authorities to supply application form for occupation certificates
- 151 Procedure for determining application for occupation certificate
- 152 Reports of Fire Commissioner: section 109H
- 153 Fire safety certificates: section 109H
- 153A Compliance certificate required for certain fire safety aspects of building work
- 154 Health, safety, compliance with development consent and other issues: section 109H
- 154A Special requirements for occupation certificates for residential flat development
- 154B Fulfilment of BASIX commitments
- 154C BASIX completion receipt
- 155 Form of occupation certificate
- 156 Occupation and use of new buildings: section 109M (2)
- Division 4 Subdivision certificates
- 157 Applications for subdivision certificates
- 158 Certifying authority may require additional information
- 159 Certifying authorities to supply application form for subdivision certificates
- 160 Procedure for determining application for subdivision certificate
- 160A Prescribed persons: subdivision certificates
- Division 5 General
- 161 Certifying authorities may be satisfied as to certain matters: section 109O
- 162 Notice of replacement of principal certifying authority
- 162A Critical stage inspections required by section 109E (3) (d)
- 162B Record of inspections conducted under section 109E (3)
- 162C Progress inspection unavoidably missed
- 163 Notice to allow inspections
- 164 No need for duplicate notices
- 164A BASIX certificates
- Part 9 Fire safety and matters concerning the Building Code of Australia
- Division 1 Preliminary
- Division 2 Fire safety schedules
- Division 3 Fire safety orders
- Division 4 Fire safety certificates
- Division 5 Fire safety statements
- 175 What is an annual fire safety statement?
- 176 Issue of annual fire safety statements
- 177 Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
- 178 What is a supplementary fire safety statement?
- 179 Issue of supplementary fire safety statements
- 180 Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
- 181 Form of fire safety statements
- Division 6 Fire safety maintenance
- Division 7 Miscellaneous fire safety offences
- Division 7A Smoke Alarms
- 186A Owners of existing buildings and dwellings must ensure smoke alarms are installed
- 186AA Owners of moveable dwellings must ensure smoke alarms are installed
- 186B Specifications for smoke alarms
- 186C Persons must not remove or interfere with smoke alarms
- 186D No development consent or consent of owners corporation required to install smoke alarms
- 186E Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
- 186F Transitional provisions relating to obligations under this Division
- 186G Transitional provisions relating to obligations under clause 186AA
- Division 7B Fire sprinklers in certain residential aged care facilities
- 186H Definitions
- 186I Application
- 186J Requirement to install fire sprinkler systems
- 186K Nominated completion date
- 186L Postponement of required completion date for installation
- 186M Fire sprinkler systems to be installed in accordance with the Fire Sprinkler Standard
- 186N Final occupation certificate to be provided to Implementation Committee
- 186O Installation of fire sprinkler systems in facilities with 1 March 2016 as nominated completion date
- 186P Notices relating to residential aged care facilities without fire sprinkler systems
- 186Q Implementation Committee
- 186R Applications for complying development certificates and construction certificates for installation of fire sprinkler systems
- Division 8 Miscellaneous
- 187 Modification and supplementation of Building Code of Australia standards
- 188 Exemption from fire safety standards
- 189 Prescribed matters for inspection by Fire and Rescue NSW: section 118L (1) (b) of the Act
- 190 Offences relating to certain Crown property
- 190A Complying development certificates and construction certificates for installation of fire sprinkler systems in residential care facilities for seniors
- Part 10 State significant infrastructure
- 191 Interpretation
- 192 Applications for approval
- 193 Owner’s consent or notification
- 194 Minimum exhibition period
- 195 Director-General’s environmental assessment report
- 196 Publicly available documents
- 197 Surrender of approvals or existing use rights
- 198 Erection and occupation of buildings and subdivision of land
- 199–205 (Repealed)
- Part 11
- Part 12 Accreditation of building products and systems
- Part 13 Development by the Crown
- Part 13A Supplementary provisions for development requiring consent
- Part 14 Environmental assessment under Part 5 of the Act
- Division 1A Preliminary
- Division 1 Circumstances requiring an environmental impact statement
- Division 2
- Division 3 Public participation
- Division 4
- Division 5 Public participation—modification of Minister’s approval where no environmental impact statement required
- 237A Application
- 238 Particulars of proposed modification to be publicly exhibited
- 239 Notice to be given of the public exhibition of the proposed modification
- 240 Where may the proposed modification be inspected?
- 241 Period of exhibition of proposed modification
- 242 Representations on proposed modification
- Division 6 General
- Division 7 Fisheries management
- Division 8 Special provisions relating to Australian Rail Track Corporation Ltd
- Part 15 Fees and charges
- Division 1A Fees for transitional Part 3A projects
- 245A Definitions
- 245B Determination of fees payable for Part 3A application
- 245C Payment of fees for Part 3A applications
- 245D Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
- 245E Maximum fee—marinas
- 245F Maximum fee—extractive industries
- 245G Maximum fee—subdivision of land
- 245H Additional fee for critical infrastructure projects
- 245I Additional application fee for making environmental assessment publicly available
- 245J Additional application fee for planning reform
- 245K Fee for request for modification of Minister’s approval
- 245L Fee for review by Planning Assessment Commission
- 245M Fee for investigation of potential State significant site
- 245N Meaning of “estimated cost” for determining fee under this Division
- Division 1 Fees for development applications (other than for State significant development)
- 245 (Renumbered as clause 245AA)
- 245AA (Renumbered as clause 246A)
- 246 Definition
- 246A What is the maximum fee?
- 246B Fee for development application
- 247 Fee for dwelling-house—construction cost under $100,000
- 248 Additional fee—residential flat development
- 249 Maximum fee—subdivision of land
- 250 Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
- 251 Additional fee—designated development
- 252 Additional fees—development requiring advertising
- 252A Additional fees—development requiring concurrence
- 253 Additional fees—integrated development
- 254 What if two or more fees are applicable to a single development application?
- 255 How is a fee based on estimated cost determined?
- 256 Determination of fees after development applications have been made
- 256A Proportion of development application fees to be remitted to Director-General
- 256B Staged development applications
- Division 1AA Fees for State significant development and State significant infrastructure
- 256C Definition
- 256D Determination of fees payable for application
- 256E Determination of fees after application is made
- 256F Maximum fee—buildings, works or demolition (other than marinas or extractive industries)
- 256G Maximum fee—marinas
- 256H Maximum fee—extractive industries
- 256I Maximum fee—subdivision of land
- 256J Additional fee for critical State significant infrastructure
- 256K Additional fee for making environmental impact statement publicly available
- 256L Additional fee for planning reform
- 256M Fees for modifications
- 256N Fee for public hearing by Planning Assessment Commission
- 256O Fee for planning proposal with application
- 256P Meaning of “estimated cost” for determining fee under this Division
- Division 2 Other fees and charges
- 257 Fee for request for review of determination
- 257A Fee for review of decision to reject a development application
- 258 Fee for application for modification of consent for local development
- 258A Fee for review of modification application
- 259 Fee for planning certificate
- 260 Fee for building certificate
- 261 Fee for copy of building certificate
- 262 Fee for certified copy of document, map or plan held by Department or council
- 262A Fee for site compatibility certificate
- 262B Fee for BASIX certificate
- 263 Other fees
- Part 16 Registers and other records
- 264 Council to maintain a register of development applications and consents
- 265 Council to maintain a register of complying development applications
- 266 Council to keep certain documents relating to development applications and consents
- 267 Council to keep certain documents relating to complying development certificates
- 267A Records relating to complaints
- 268 Council to keep certain records available for public inspection
- Part 16A Provisions arising from commencement of Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001
- Part 16B Planning bodies
- Division 1 General
- Division 2
- Division 3 Committees
- Division 4 Planning Assessment Commission
- 268O Definitions
- 268P Constitution of Commission for particular matters
- 268Q Public hearings—attendance of witnesses and production of documents
- 268R Public hearings of Commission
- 268S Notice of reviews and recommendations relating to development applications
- 268T Special provisions relating to water approvals
- 268U Commission may restrict publication of evidence
- 268V Reports by Commission
- 268W Information to be provided by Commission
- Division 5 Independent hearing and assessment panels
- Part 17 Miscellaneous
- 269 Notice of proposal to constitute development area
- 270 Contributions plans for Western Sydney Employment Area
- 271–271B (Repealed)
- 272 Planning for Bush Fire Protection
- 273, 273A (Repealed)
- 274 Release areas under SREP 30
- 274A, 274B (Repealed)
- 275 Development assessment during precinct planning in North West and South West growth centres of Sydney Region
- 276 Growth Centres SEPP—release of precinct for urban development and planning process for the precinct
- 277 Public authorities
- 278 Assessment of loan commitments of councils in development areas
- 279 What matters must be specified in a planning certificate?
- 280 Application for building certificate
- 281 Form of building certificate
- 281A Notice of orders under Division 2A of Part 6 of the Act
- 281B Form of compliance cost notices
- 281C Compliance cost notices—maximum amounts that may be required to be paid
- 282 Director-General may certify certain documents
- 283 False or misleading statements
- 284 Penalty notice offences
- 285 (Repealed)
- 286 Repeal, savings and transitional
- 286A Savings and transitional provisions: staged introduction of scheme
- 286AA Savings and transitional provision: introduction of BASIX completion receipt
- 286B Savings and transitional provision: changes to development contributions scheme
- 286C Transitional—species impact statements and determination of significant effect
- 286D Savings and transitional provisions: existing uses
- 287 Special provisions relating to ski resort areas
- 288 Special provision relating to Sydney Opera House
- 288A Special provision relating to Sydney International FIFA Fan Fest
- 289 Miscellaneous savings and transitional provisions: 2005 Amending Act
- 289A Transitional provisions relating to development control plans
- 290 Savings and transitional provision: references to “comprehensive development applications”
- 291 Savings and transitional provisions relating to requirements to obtain compliance certificates for alternative fire safety solutions
- 291A Transitional provisions relating to Part 4A certificates and planning agreements
- 291B Savings and transitional provision—abolition of Wagga Wagga Interim Joint Planning Panel
- 292 Savings and transitional provisions
- Schedule 1 Forms
- Schedule 2 Environmental impact statements
- Schedule 3 Designated development
- Schedule 3A Entertainment venues
- Schedule 4 Planning certificates
- Schedule 5 Penalty notice offences
- Schedule 6 Special provisions relating to ski resort areas
- Schedule 7 Savings and transitional provisions
- Historical notes
Environmental Planning and Assessment Regulation 2000
Historical
version
for 1 March 2013
to 7 March 2013
(accessed 5 July 2020 at 21:48)
Current version
246 Definition
In this Division:development application does not include a development application for State significant development.