Environmental Planning and Assessment Regulation 2021 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Community Housing Providers (Adoption of National Law) Amendment Act 2025 No 49 (not commenced)

See also—

Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025

Part 1Preliminary1Name of Regulation

This Regulation is the Environmental Planning and Assessment Regulation 2021.

2Commencement(1)

This Regulation commences on 1 March 2022, except as provided by subsections (2) and (3), and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Environmental Planning and Assessment Regulation 2000, which is repealed on 1 March 2022 by the Subordinate Legislation Act 1989.

(2)

Schedule 8 commences on 1 July 2022.

(3)

Schedule 9 commences on 1 January 2022, immediately before the commencement of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

s 2: Am 2022 (40), Sch 1[1].

3Definitions(1)

The Dictionary in Schedule 7 defines words used in this Regulation.

Note—

The Environmental Planning and Assessment Act 1979 and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Words used in this Regulation have the same meaning as in the Standard Instrument, unless otherwise defined in this Regulation.

(3)

For the purposes of the Act, section 1.4(1), definition of public authority, paragraph (g), the persons specified in Schedule 1 of this Regulation are prescribed.

(4)

For the purposes of the Act, section 1.4(1), definition of work, the deposit of material on a beach or land in a beach fluctuation zone, within the meaning of the Coastal Management Act 2016, is specified to be a work.

(5)

For the purposes of the Act, section 1.5, definition of development, the demolition of a temporary structure is not development.

(6)

In this Regulation, a reference to the consent authority’s website means—

  • (a)

    if the consent authority is a council, a local planning panel or a Sydney district or regional planning panel—the website of the council or councils of the area in which the development will be carried out, or

  • (b)

    if the consent authority is the Minister, the Independent Planning Commission or a public authority—the NSW planning portal.

(7)

In this Regulation, a reference to the use of on-site fossil fuels does not include a reference to the use of back-up electricity generators.

s 3: Am 2022 (520), Sch 2[1].

4Building Code of Australia(1)

For the purposes of the Act, section 1.4(1), definition of Building Code of Australia, Volumes 1 and 2 of the National Construction Code, referred to as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time, are prescribed.

(2)

All amendments and variations of the Building Code of Australia that are from time to time made or approved by the Australian Building Codes Board in relation to New South Wales are prescribed.

(3)

An amendment or variation comes into effect on the date specified by the Australian Building Codes Board for New South Wales.

(4)

(Repealed)

s 4: Am 2023 (71), Sch 1.3[1].

5Abbreviations for building materials

The abbreviations for building materials specified in the following Table must be used in a development application or application for a complying development certificate—

Walls

Code

Roof

Code

Floor

Code

Frame

Code

Brick (double)

11

Tiles

10

Concrete or slate

20

Timber

40

Brick (veneer)

12

Concrete or slate

20

Timber

40

Steel

60

Concrete or stone

20

Fibre cement

30

Other

80

Aluminium

70

Fibre cement

30

Steel

60

Not specified

90

Other

80

Timber

40

Aluminium

70

Not specified

90

Curtain glass

50

Other

80

Steel

60

Not specified

90

Aluminium

70

Other

80

Not specified

90

6Estimated development cost(1)

In this regulation, the estimated development cost, of proposed development, means the estimated cost of carrying out the development, including the following—

  • (a)

    the design and erection of a building and associated infrastructure,

  • (b)

    the carrying out of a work,

  • (c)

    the demolition of a building or work,

  • (d)

    fixed or mobile plant and equipment.

(2)

The estimated development cost does not include the following—

  • (a)

    amounts payable, or the cost of land dedicated or other benefit provided, under a condition imposed under the Act, Division 7.1 or 7.2 or a planning agreement,

  • (b)

    costs relating to a part of the development that is the subject of a separate development consent or approval,

  • (c)

    land costs, including costs of marketing and selling land,

  • (d)

    costs of the ongoing maintenance or use of the development,

  • (e)

    GST.

s 6: Subst 2023 (512), Sch 1[1].

6ADetermination of BASIX development cost(1)

This section applies if a consent authority or certifier is required to determine whether development involving an alteration of a BASIX building is BASIX development.

(2)

The consent authority or certifier must use the estimated development cost, including the cost of any part of the development that is BASIX excluded development, that is specified in the development application or application for a complying development certificate, unless, in the consent authority’s or certifier’s opinion, the specified estimated development cost is not genuine or accurate.

s 6A: Ins 2023 (512), Sch 1[1].

7Designated development—the Act, s 4.10(1)

Development described in Schedule 3, Part 2 is declared to be designated development unless it is not designated development under Schedule 3, Part 3.

(2)

If Schedule 3 is amended after a development application is made—

  • (a)

    Schedule 3, as in force when the development application was made, continues to apply to the development application, and

  • (b)

    the development application is not affected by the amendment.

(3)

A reference in subsection (2) to Schedule 3 includes a reference to the Environmental Planning and Assessment Regulation 2000, Schedule 3.

Part 2Planning instrumentsDivision 1Local environmental plans8Concurrence of public authorities for proposed reservation of land—the Act, s 3.37(e)(1)

A planning proposal for a proposed local environmental plan must not contain a proposed reservation of land for a purpose referred to in the Act, section 3.14(1)(c) without the concurrence of the relevant authority in relation to the reservation of the land for that purpose.

(2)

In this section—

relevant authority means an authority that will be specified in the proposed local environmental plan as the relevant authority to acquire the land for the purposes of the Act, section 3.15.

9Notification of refusal to prepare planning proposal

If a council refuses a request made to the council by a person for the preparation of a planning proposal under the Act, section 3.33, the council must, as soon as practicable, give the person written notice of the refusal.

10Fee payable for costs and expenses of studies by planning proposal authority—the Act, s 3.32(3)(1)

A planning proposal authority may enter into an agreement or arrangement with a person who requests the preparation of a planning proposal for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal.

(2)

The amount payable to the planning proposal authority for the costs and expenses is—

  • (a)

    if the authority is a council—the amount set out in, or calculated in accordance with, the agreement or arrangement, or

  • (b)

    otherwise—the amount, not exceeding $25,000, determined by the authority to cover the costs and expenses reasonably incurred by the authority in undertaking the studies or other matters.

(3)

Despite subsection (2)(b), the planning proposal authority and a person who requests the preparation of a planning proposal may agree on a greater amount in a particular case.

(4)

An amount payable by a person under this section is payable at the time specified in a written notice to the person from the planning proposal authority.

(5)

If the planning proposal authority is the Independent Planning Commission or a Sydney district or regional planning panel, the Planning Secretary may exercise the relevant planning authority’s functions under this section.

10APlanning proposal authority—the Act, section 3.32(1)(b)

The Deputy Secretary of the Department is prescribed as a planning proposal authority for the purposes of the Act, Part 3.

s 10A: Ins 2025 (556), Sch 1.

11Planning proposal authority for Lord Howe Island

For the purposes of the Act, section 3.32(1)(b), the Lord Howe Island Board under the Lord Howe Island Act 1953 is prescribed for a proposed instrument that applies to Lord Howe Island.

Division 2Development control plans—the Act, s 3.4512Form of development control plan(1)

A development control plan must—

  • (a)

    be written, and

  • (b)

    describe the land to which it applies, and

  • (c)

    identify the local environmental plan or deemed environmental planning instrument that applies to the land.

(2)

A development control plan may include supporting maps, plans, diagrams, illustrations and other materials.

13Public exhibition of draft development control plans

After a draft development control plan is prepared, the council must publish the following on its website—

  • (a)

    the draft development control plan,

  • (b)

    the relevant local environmental plan or deemed environmental planning instrument,

  • (c)

    the period during which submissions about the draft plan may be made to the council.

14Approval of development control plans(1)

After considering any submissions about the draft development control plan that have been duly made, the council may—

  • (a)

    approve the plan in the form in which it was publicly exhibited, or

  • (b)

    approve the plan with any alterations the council considers appropriate, or

  • (c)

    decide not to proceed with the plan.

(2)

The council must publish notice of its decision on its website within 28 days after the decision is made.

(3)

Notice of a decision not to proceed with a development control plan must contain the council’s reasons for the decision.

(4)

A development control plan comes into effect on—

  • (a)

    the day on which the notice of the council’s decision to approve the plan is published on its website, or

  • (b)

    a later day specified in the notice.

15Approval of development control plans for residential apartment development(1)

The council must not approve a draft development control plan containing provisions that apply to residential apartment development unless the council—

  • (a)

    has referred the provisions that relate to design quality to a design review panel constituted for—

    • (i)

      the council’s local government area, or

    • (ii)

      2 or more local government areas that include the council’s area, and

  • (b)

    has considered the following—

    • (i)

      advice received from the design review panel about the provisions,

    • (ii)

      the matters specified in Parts 1 and 2 of the Apartment Design Guide.

(2)

Subsections (1)(a) and (b)(i) apply only if a design review panel has been constituted for the council’s local governmental area.

(3)

This section extends to—

  • (a)

    a draft amending development control plan, and

  • (b)

    a draft development control plan that the council began preparing before a design review panel was constituted.

s 15: Am 2023 (662), Sch 1[1].

16Amendment or repeal of development control plan(1)

A council may amend a development control plan by a subsequent development control plan.

(2)

A council may repeal a development control plan—

  • (a)

    by a subsequent development control plan, or

  • (b)

    by publishing notice of a decision to repeal the plan on its website.

(3)

At least 14 days before repealing a development control plan under subsection (2)(b), the council must publish notice of its intention to repeal the plan, and the reasons for the repeal, on its website.

(4)

The repeal of a development control plan under subsection (2)(b) takes effect on the day on which the notice under subsection (2)(b) is published on the council’s website.

17Amendment or revocation of development control plan at Minister’s direction(1)

This section applies if, under the Act, section 3.46, the Minister directs a council—

  • (a)

    to amend a development control plan and the direction specifies that the amending plan is not required to be exhibited, or

  • (b)

    to revoke a development control plan.

(2)

The council may amend or revoke the development control plan by making a subsequent development control plan.

(3)

The council must, within 14 days after making a subsequent development control plan, publish notice of the making of the plan on its website.

(4)

The notice must specify the following—

  • (a)

    the day on which the council made the plan,

  • (b)

    the day on which the plan takes effect under subsection (5),

  • (c)

    the name of the plan being amended or revoked,

  • (d)

    for an amendment—that the amendment is in accordance with a direction under the Act, section 3.46.

(5)

The subsequent development control plan takes effect on the earlier of—

  • (a)

    the day on which the notice is given, or

  • (b)

    14 days after the council makes the development control plan.

(6)

Sections 13–16 do not apply to a development control plan made under this section.

18Draft development control plans submitted by owners(1)

This section applies if an environmental planning instrument requires or permits a development control plan to be prepared and submitted to the relevant planning authority, as referred to in the Act, section 3.44.

(2)

The relevant planning authority may request information from the owners of the land to which the development control plan relates that—

  • (a)

    the planning authority considers necessary for the purposes of making the development control plan, and

  • (b)

    relates to a relevant matter referred to in an environmental planning instrument.

(3)

For the purposes of the Act, section 3.44(6), the 60-day period is extended by the number of days between—

  • (a)

    the day on which the relevant planning authority requests additional information from the owners under subsection (2), and

  • (b)

    the day on which the owners give or refuse to give the information to the relevant planning authority.

(4)

If the owners refuse to give the information to the relevant planning authority, the development control plan is taken not to have been submitted to the relevant planning authority.

19Fees for draft development control plans prepared by owners(1)

If a draft development control plan is prepared and submitted to the relevant planning authority by the owners of the land to which it applies, the owners must pay the authority an assessment fee determined by the authority.

(2)

If a draft development control plan is prepared by the relevant planning authority at the request of the owners, the owners must pay the authority a preparation fee determined by the authority.

(3)

The assessment fee or preparation fee must not exceed the reasonable cost to the relevant planning authority of—

  • (a)

    assessing or preparing the draft development control plan, and

  • (b)

    carrying out associated studies, and

  • (c)

    publicly exhibiting the draft plan.

(4)

If there is more than 1 owner, the relevant planning authority must apportion the fee between the owners.

(5)

If the Minister makes a development control plan under the Act, section 3.44(5)(b), the council must pay to the Minister any assessment or preparation fee that was paid to the council in relation to the plan, if the Minister directs.

20Publication of development control plans(1)

A council must, within 28 days of making a development control plan, give a copy of the plan to the Planning Secretary.

(2)

For the purposes of the Act, section 3.45(4)(b), a council must publish a development control plan on its website, including any document, map, plan, diagram or other material referred to in the plan.

21Development control plans made by Planning Secretary

This Part applies to a development control plan prepared by the Planning Secretary as the relevant planning authority under the Act, section 3.43, subject to the following modifications—

  • (a)

    a reference to a council is taken to be a reference to the Planning Secretary,

  • (b)

    a reference to a council’s website is taken to be a reference to the NSW planning portal,

  • (c)

    a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a State environmental planning policy.

Part 3Development applicationsDivision 1Making development applications—the Act, ss 4.12 and 4.6422Application of Part

This Part applies to all development applications.

Note—

This Part does not apply to applications for complying development certificates. See the Act, section 1.4, definition of development application.

23Persons who may make development applications(1)

A development application may be made by—

  • (a)

    the owner of the land to which the development application relates, or

  • (b)

    another person, with the written consent of the owner of the land.

(2)

The consent of the owner of the land is not required for a development application made by a public authority or for public notification development if the applicant complies with subsections (3) and (4).

(3)

The applicant must give notice of the application—

  • (a)

    to the owner of the land before the application is made, or

  • (b)

    by publishing, no later than 14 days after the application is made, a notice in a newspaper circulating in the area in which the development will be carried out.

(4)

If the applicant gives notice under subsection (3)(b), the applicant must also, no later than 14 days after the application is made—

  • (a)

    if the applicant is a public authority—publish the notice on the public authority’s website, or

  • (b)

    for public notification development—arrange for the consent authority to publish the notice on the NSW planning portal.

(4A)

The consent of the owner of the land is not required for a development application for development involving mine grouting works if the works—

  • (a)

    will be carried out at a depth of 10m or more below the surface of the land, and

  • (b)

    are ancillary to other development requiring development consent.

(5)

A development application relating to land owned by a Local Aboriginal Land Council may be made only with the written consent of the New South Wales Aboriginal Land Council.

(6)

A lessee of Crown land may make a development application relating to Crown land only with the consent of the Crown.

(7)

The consent of the Crown is not required under subsection (6) for a development application for—

  • (a)

    public notification development, or

  • (b)

    other State significant development if the development application is made by a public authority.

(7A)

The consent of the owner of the land is not required for a development application for development on land identified as “Consolidated Mountain Licence Area” or “Thredbo Alpine Resort Licence Area” on the Major Resorts Licence Area Map published by the Department from time to time.

(7B)

Subsection (7A) applies despite Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Schedule 5.

(8)

In this section—

mine grouting works includes—

  • (a)

    works to stabilise land and reduce the risk of subsidence by the injection of cementitious grouting material into underground mine workings or voids created by mining, and

  • (b)

    drilling to enable the injection of the cementitious grouting material.

public authority includes an irrigation corporation, within the meaning of the Water Management Act 2000, that the Minister administering that Act has, by written order, declared to have the status of a public authority for the purposes of this section in relation to development of a kind specified in the order.

s 23: Am 2022 (702), Sch 1[1]–[3]; 2022 (790), sec 3.

24Content of development applications(1)

A development application must—

  • (a)

    be in the approved form, and

  • (b)

    contain all the information and documents required by—

    • (i)

      the approved form, and

    • (ii)

      the Act or this Regulation, and

    Example—

    The Act, section 4.12(8) requires a development application for State significant development or designated development to be accompanied by an environmental impact statement.

  • (c)

    be submitted on the NSW planning portal.

(2)

The fees payable for a development application are specified in Schedule 4 and determined in accordance with Part 13, including additional fees for integrated development, development requiring concurrence and designated development.

(3)

A development application is lodged

  • (a)

    on the day on which the fees payable for the development application under this Regulation are paid, or

  • (b)

    if the applicant is notified under Part 13 that no fee is required—on the day the applicant submitted the application on the NSW planning portal.

(4)

The applicant must be notified through the NSW planning portal that the development application has been lodged.

(5)

If the council is not the consent authority, the consent authority must give the council a copy of—

  • (a)

    the development application, and

  • (b)

    for designated development—the environmental impact statement.

25Information about concurrence or approvals

A development application must contain the following information—

  • (a)

    a list of the authorities —

    • (i)

      from which concurrence must be obtained before the development may lawfully be carried out, and

    • (ii)

      from which concurrence would have been required but for the Act, section 4.13(2A) or 4.41,

  • (b)

    a list of the approvals of the kind referred to in the Act, section 4.46(1) that must be obtained before the development may lawfully be carried out.

26Information about affordable housing development(1)

A development application for development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1, 2 or 5 applies must specify the name of the registered community housing provider who will manage—

  • (a)

    for development to which Division 1 applies—the affordable housing component, or

  • (b)

    for development to which Division 2 applies—the boarding house, or

  • (c)

    for development to which Division 5 applies—the dwellings used for affordable housing.

(2)

A development application for development for the purposes of boarding houses or co-living housing must be accompanied by a copy of the plan of management.

(3)

In this section—

affordable housing component has the same meaning as in State Environmental Planning Policy (Housing) 2021, section 21(3).

s 26: Am 2022 (448), sec 3(1)–(3).

27BASIX development(1)

A development application for BASIX development must be accompanied by—

  • (a)

    a relevant BASIX certificate for the development issued no earlier than 3 months before the day on which the development application is submitted on the NSW planning portal, and

  • (b)

    the other matters required by the BASIX certificate.

(2)

If the development involves the alteration of a BASIX building that contains more than 1 dwelling, a separate BASIX certificate is required for each dwelling.

s 27: Am 2023 (531), Sch 2[1].

28Development applications relating to Biodiversity Conservation Act 2016(1)

A development application for biodiversity compliant development must contain the reason the development is biodiversity compliant development.

(2)

A development application that is accompanied by a biodiversity development assessment report under the Biodiversity Conservation Act 2016 must contain the biodiversity credits information.

(3)

A development application relating to land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016 must contain a description of the kind of agreement and the area to which it applies.

(4)

In this section—

biodiversity compliant development means—

  • (a)

    development to be carried out on biodiversity certified land under the Biodiversity Conservation Act 2016, or

  • (b)

    development to which the biodiversity certification conferred by the Threatened Species Conservation Act 1995, Schedule 7, Part 7 applies, or

  • (c)

    development for which development consent is required under a biodiversity certified EPI, within the meaning of the Threatened Species Conservation Act 1995, Schedule 7, Part 8.

Note—

The Biodiversity Conservation (Savings and Transitional) Regulation 2017, clause 43 provides that the repeal of the Threatened Species Conservation Act 1995 does not affect the operation of that Act, Schedule 7, Part 7 or 8.

biodiversity credits information, in relation to a development application, means the reasonable steps taken to obtain like-for-like biodiversity credits required to be retired under the biodiversity development assessment report, if different biodiversity credits are proposed to be used as offsets in accordance with the variation rules under the Biodiversity Conservation Act 2016.

29Residential apartment development(1)

A development application that relates to residential apartment development must be accompanied by a statement by a qualified designer.

(2)

The statement must—

  • (a)

    verify that the qualified designer designed, or directed the design of, the development, and

  • (b)

    explain how the development addresses—

    • (i)

      the design principles for residential apartment development, and

    • (ii)

      the objectives in Parts 3 and 4 of the Apartment Design Guide.

(3)

If the development application is accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim—

  • (a)

    to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—

    • (i)

      the building, or

    • (ii)

      the land on which the building is located, or

  • (b)

    to improve the thermal performance of the development, or

  • (c)

    to quantify and report on the embodied emissions attributable to the development.

(4)

The additional fee payable for a development application for residential apartment development that is referred to a design review panel for advice is specified in Schedule 4.

Note—

See State Environmental Planning Policy (Housing) 2021, Chapter 4 in relation to referrals of development applications to design review panels.

s 29: Am 2022 (520), Sch 2[2]; 2023 (662), Sch 1[2]–[4].

30Mining or petroleum development(1)

This section applies to a development application that relates to mining or petroleum development on land—

  • (a)

    shown on the Strategic Agricultural Land Map, or

  • (b)

    subject to a site verification certificate.

(2)

The development application must be accompanied by—

  • (a)

    for development on land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate that applies to the development, or

  • (b)

    for development on other land—

    • (i)

      a current gateway certificate that applies to the development, or

    • (ii)

      a site verification certificate that certifies that the land on which the development will be carried out is not biophysical strategic agricultural land.

30AInfrastructure development on avoided land(1)

This section applies to a development application relating to development on avoided land that is carried out under State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 4, 5, 12A, 17, 18, 20, 21, 23 or 24.

(2)

The development application must be accompanied by a statement setting out whether the development is consistent with the Cumberland Plain Conservation Plan Guidelines, Part 2.

(3)

This section does not apply to State significant development.

(4)

In this section—

avoided land has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 13.

Cumberland Plain Conservation Plan Guidelines has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 13.

s 30A: Ins 2022 (460), Sch 1[1]. Am 2022 (752), Sch 1[1].

30BCouncil-related development applications

A council-related development application must be accompanied by—

  • (a)

    a statement specifying how the council will manage conflicts of interest that may arise in connection with the application because the council is the consent authority (a management strategy), or

  • (b)

    a statement that the council has no management strategy for the application.

s 30B: Ins 2022 (579), Sch 1[1].

31Other documents required for certain development applications(1)

A development application that relates to development for which consent under the Wilderness Act 1987 is required must be accompanied by a copy of the consent.

(2)

A development application that relates to development for which a site compatibility certificate is required by a SEPP must be accompanied by the site compatibility certificate.

(3)

A development application made under the Act, section 4.12(3) must be accompanied by the matters that would be required under the Local Government Act 1993, section 81 if approval were sought under that Act.

(4), (5)

(Repealed)

s 31: Am 2022 (40), Sch 1[2]; 2022 (333), sec 3(1); 2022 (789), Sch 1[1]; 2023 (94), sec 3(1).

32Extract of development application for erection of building(1)

If a development application relates to the erection of a building, an extract of the application must be published on the NSW planning portal.

(2)

The extract must—

  • (a)

    identify the applicant and the land to which the application relates, and

  • (b)

    contain a plan of the building that indicates the proposed height and external configuration of the site, if relevant for the development.

(3)

This section does not apply to the following—

  • (a)

    designated development,

  • (b)

    nominated integrated development,

  • (c)

    threatened species development,

  • (d)

    Class 1 aquaculture development,

  • (e)

    State significant development.

33Concept development applications(1)

The information about the various stages of development, required by this Regulation to be included in a concept development application, may be deferred to a subsequent development application, with the approval of the consent authority.

(2)

Section 29 applies in relation to a concept development application only if the application sets out detailed proposals for the development or part of the development.

34Urban development in Sydney region growth centres(1)

For the purposes of State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 3 or State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3, the Minister may, by order published in the Gazette, declare a precinct or part of a precinct to be released for urban development.

(2)

The Minister must arrange for a development code to be prepared that contains guidelines that, together with the relevant growth centre structure plan, will assist environmental planning in precincts released for urban development.

(3)

The Minister must consult—

  • (a)

    relevant councils about the making of declarations, and

  • (b)

    relevant councils and the public authorities the Minister considers appropriate about the preparation of a development code.

s 34: Am 2022 (40), Sch 1[3]–[5].

35Additional requirements for development applications in certain areas of Sydney(1)

A person must not apply to a consent authority for development consent to carry out development on land zoned “Employment” or “Urban” under Sydney Regional Environmental Plan No 30—St Marys, other than development referred to in that Plan, clause 20(3) or (4) or 48, unless the Minister has declared the land, or land that includes the land, to be a release area in accordance with that Plan, clause 7.

(2)

A person must not apply to a consent authority for development consent to carry out development on the following land unless the application is accompanied by an assessment of the consistency of the development with the relevant plan—

  • (a)

    land in the North Wilton Precinct under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3,

  • (b)

    land in the South East Wilton Precinct under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3,

  • (b1)

    land in the Wilton Town Centre Precinct under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3,

  • (c)

    declared land,

  • (d)

    land in the Mamre Road Precinct, identified as Precinct 12 on the Land Application Map under State Environmental Planning Policy (Industry and Employment) 2021, Chapter 2,

  • (e)

    land in the Western Sydney Aerotropolis under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 4,

  • (f)

    land in the Glenfield Precinct as identified on the Locality and Site Identification Map under Campbelltown Local Environmental Plan 2015,

  • (g)

    land in the Rhodes Precinct under Canada Bay Local Environmental Plan 2013,

  • (h)

    land identified as “Macquarie Park Corridor” on the Macquarie Park Corridor Map under Ryde Local Environmental Plan 2014, other than land identified as “Macquarie Park Precinct”,

  • (i)

    land in the Stage 1 Bays West Precinct under State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021, Chapter 2,

  • (j)

    land identified as “Hornsby TOD Precinct” on the Key Sites Map under Hornsby Local Environmental Plan 2013.

(3)

Subsection (2)(c) applies to the following development, other than development for the purposes of a single residential dwelling, on declared land only—

  • (a)

    development with an estimated development cost of more than $500,000,

  • (b)

    development that relates to an area of land of more than 2 hectares,

  • (c)

    development that is a subdivision of land that creates 2 or more lots.

(4)

In this section—

declared land means land—

  • (a)

    in a precinct of a growth centre declared by the Minister under section 34 to be released for urban development, and

  • (b)

    to which the Growth Centres SEPP, clause 17 applies.

relevant plan means the following—

  • (a)

    for land in the North Wilton Precinct—the North Wilton structure plans under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 8,

  • (b)

    for land in the South East Wilton Precinct—the South East Wilton structure plans under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 7,

  • (b1)

    for land in the Wilton Town Centre Precinct—the Wilton Town Centre structure plans under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 9,

  • (c)

    for declared land—the growth centre structure plan under State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 3 or State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3 that applies to the land,

  • (d)

    for land in the Mamre Road Precinct—the Mamre Road Precinct Structure Plan published by the Department on the commencement of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 13 and available on the NSW planning portal,

  • (e)

    for land in the Western Sydney Aerotropolis—the Western Sydney Aerotropolis Plan and any precinct plan that applies to the land under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 4,

  • (f)

    for land in the Glenfield Precinct—the Glenfield Place Strategy and the Glenfield Precinct Structure Plan published on the Department’s website and in force from time to time,

  • (g)

    for land in the Rhodes Precinct—the Rhodes Place Strategy published on the Department’s website on 30 October 2021,

  • (h)

    for land in the Macquarie Park Corridor—the Macquarie Park Innovation Precinct Place Strategy published on the Department’s website on 30 September 2022,

  • (i)

    for land in the Stage 1 Bays West Precinct—the following, available on the NSW Planning Portal—

    • (i)

      the Bays West Place Strategy, as in force from time to time,

    • (ii)

      the Design Guide for Bays West Stage 1—White Bay Power Station (and Metro), as in force from time to time,

  • (j)

    for land identified as “Hornsby TOD Precinct”—the Hornsby Precinct Design Guide within the meaning of Hornsby Local Environmental Plan 2013, Part 8.

s 35: Am 2022 (40), Schs 1[6]–[12], 3[1]; 2022 (118), sec 3(1) (2); 2022 (460), Sch 1[2]; 2022 (702), Sch 1[4] [5]; 2022 (753), sec 3(1) (2); 2023 (512), Sch 1[2]; 2024 (588), Sch 1[1] [2]; 2024 (589), Sch 1[1] [2].

35AAdditional requirements for development applications in Frenchs Forest Precinct(1)

A person must not apply to a consent authority for development consent to carry out development on land in the Frenchs Forest Precinct unless the application is accompanied by an assessment of the consistency of the proposed development with the Frenchs Forest 2041 Place Strategy.

(2)

A person must not make a concept development application to a consent authority for development consent to carry out development on Site F unless the application is accompanied by a study about traffic and transport that—

  • (a)

    is endorsed by Transport for NSW, and

  • (b)

    sets out the transport infrastructure and capacity that will service Site F.

(3)

In this section—

Frenchs Forest 2041 Place Strategy means the Frenchs Forest 2041 Place Strategy published on the Department’s website from time to time.

Frenchs Forest Precinct has the same meaning as in Warringah Local Environmental Plan 2011, Part 8.

Site F has the same meaning as in Warringah Local Environmental Plan 2011, Part 8.

s 35A: Ins 2022 (40), Sch 3[2].

35BAdditional requirements for development applications involving contravention of development standards(1)

This section applies to a development application that proposes, in accordance with a relevant EPI provision, development that contravenes a development standard imposed by any environmental planning instrument.

(2)

The development application must be accompanied by a document that sets out the grounds on which the applicant seeks to demonstrate that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

(3)

In this section—

relevant EPI provision means—

  • (a)

    clause 4.6 of a local environmental plan that adopts the provisions of the Standard Instrument, or

  • (b)

    an equivalent provision of another environmental planning instrument.

s 35B: Ins 2023 (513), Sch 1[1].

s 35B: Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[8]). Renumbered as sec 35BA, 2023 (662), Sch 1[5].

35BAEmbodied emissions for non-residential development under Sustainable Buildings SEPP(1)

A development application for non-residential development under State Environmental Planning Policy (Sustainable Buildings) 2022 must—

  • (a)

    disclose the amount of embodied emissions attributable to the development, and

  • (b)

    describe the use of low emissions construction technologies in the development.

(2)

The amount disclosed under subsection (1)(a) must be determined using—

  • (a)

    the form published on the NSW planning portal as in force from time to time, and

  • (b)

    an itemised list of building materials for the development prepared by a quantity surveyor.

    Example—

    a bill of materials or bill of quantities

(3)

The amount disclosed under subsection (1)(a) must be certified by—

  • (a)

    a quantity surveyor, or

  • (b)

    a qualified designer, or

  • (c)

    an engineer, or

  • (d)

    an assessor accredited under NABERS.

s 35BA (previously s 35B): Renumbered 2023 (662), Sch 1[5].

35CNet zero statement for non-residential development under Sustainable Buildings SEPP(1)

This section applies to a development application for the following development—

  • (a)

    large commercial development,

  • (b)

    development to which State Environmental Planning Policy (Sustainable Buildings) 2022, section 3.4 applies.

(2)

The development application must include evidence that the development—

  • (a)

    will not use on-site fossil fuels after the occupation and use of the development commence, or

  • (b)

    incorporates the infrastructure, or space for the infrastructure, necessary for the development to not use on-site fossil fuels after 1 January 2035.

    Note—

    Infrastructure includes plant, equipment and ventilation.

(3)

The development application must include details of the following—

  • (a)

    any renewable energy generation and storage infrastructure forming part of the development,

  • (b)

    passive and technical design features that minimise energy consumption by users of the development.

(4)

The development application must include the following information if available—

  • (a)

    the estimated annual energy consumption for the building in kilowatt hours per square metre of floor area,

  • (b)

    the estimated amount of emissions relating to energy use in the building, including direct and indirect emissions.

(5)

The evidence and information required to be included in a development application under this section must be certified by a mechanical or electrical engineer.

s 35C: Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[9] [10]).

35DEnergy and water use for large commercial development under Sustainable Buildings SEPP(1)

This section applies to a development application for large commercial development.

(2)

The development application must be accompanied by a copy of a NABERS commitment agreement that demonstrates the development is capable of achieving the standards for energy and water use specified in State Environmental Planning Policy (Sustainable Buildings) 2022, Schedule 3.

(3)

The development application must identify the method under Section J of the Building Code of Australia that will be used to demonstrate the development is capable of achieving the standards for energy use specified in State Environmental Planning Policy (Sustainable Buildings) 2022, Schedule 3.

(4)

Subsection (2), to the extent it relates to energy use, and subsection (3) do not apply to large commercial development on land to which the following local environmental plans apply—

  • (a)

    Sydney Local Environmental Plan 2012,

  • (b)

    Sydney Local Environmental Plan (Green Square Town Centre) 2013,

  • (c)

    Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013.

(5)

Despite subsection (4), subsections (2) and (3) apply to large commercial development to the extent that the development relates to prescribed serviced apartments.

s 35D: Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[11] [12]).

36Consent authority may request additional information from applicant(1)

A consent authority that receives a development application may request additional information about the development from the applicant.

(2)

A consent authority may not request additional information in relation to building work or subdivision work if the information is required to accompany an application for a construction certificate or subdivision works certificate.

(3)

A consent authority’s request must—

  • (a)

    be made through the NSW planning portal, and

  • (b)

    specify a reasonable period within which the additional information must be given to the consent authority, and

  • (c)

    specify the number of days in the assessment period that have elapsed, and

  • (d)

    inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—

    • (i)

      the request, and

    • (ii)

      the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.

(4)

The applicant may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.

(5)

The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—

  • (a)

    the period specified under subsection (3)(b), or

  • (b)

    a further period allowed by the consent authority.

(6)

In this section—

additional information, in relation to a development application, means information the consent authority considers necessary to properly consider the development application.

s 36: Am 2023 (350), Sch 1[1].

Division 2Amendment, rejection and withdrawal of development applications—the Act, ss 4.12 and 4.6437Amendment of development application(1)

An applicant may, at any time before a development application is determined, apply to the consent authority for an amendment to the development application.

(2)

The application must be made on the NSW planning portal.

(3)

If the application relates to State significant development—

  • (a)

    the application must be in the approved form, and

  • (b)

    the applicant must have regard to the State Significant Development Guidelines in preparing the application.

(4)

If the amendment relates to a BASIX certificate that accompanied the original development application only, the development application may instead be amended by submitting on the NSW planning portal—

  • (a)

    a new BASIX certificate to replace the current BASIX certificate for the original development application, or

  • (b)

    if a new document is required or a document that accompanied the original development application requires amendment—the new or amended document.

(5)

If the amendment will result in the development differing materially from the description contained in the BASIX certificate that accompanied the original development application, the application must be accompanied by a new BASIX certificate that takes account of the amendment.

(6)

If the amendment will result in a change to the development, the application must contain details of the change, including the name, number and date of any plans that have changed, to enable the consent authority to compare the development with the development originally proposed.

(7)

A requirement to use the NSW planning portal under this section does not apply if the development application is subject to proceedings in the Court.

s 37: Am 2022 (142), Sch 1[1].

38Determination of application for amendment of development application(1)

The consent authority may, through the NSW planning portal, approve or reject an application for an amendment to a development application submitted under section 37.

(2)

If the consent authority approves the amendment, the development application is taken to be lodged on the day on which the applicant applied for the amendment if the consent authority—

  • (a)

    considers the amendment not to be minor, and

  • (b)

    notifies the applicant, through the NSW planning portal, that the later day applies.

(3)

If the consent authority approves an amendment to a development application for integrated development or development requiring concurrence, the consent authority must, as soon as practicable after approving the amendment, give a copy of the amended development application to the approval body or concurrence authority through the NSW planning portal.

(4)

A requirement to use the NSW planning portal under this section does not apply if the development application is subject to proceedings in the Court.

s 38: Am 2023 (350), Sch 1[2].

39Rejection of development applications(1)

A consent authority may reject a development application within 14 days after receiving the application if—

  • (a)

    the application is illegible or unclear about the development consent sought, or

  • (b)

    the application does not contain the information and documents that are required by—

    • (i)

      the approved form, or

    • (ii)

      the Act or this Regulation, or

  • (c)

    for an application for State significant development—the Planning Secretary considers the application incomplete for reasons given by written notice to the applicant, or

  • (d)

    for an application for integrated development—the application does not identify all of the approvals required to be obtained, as referred to in the Act, section 4.46, before the development may be carried out, or

  • (e)

    for an application required to be accompanied by a biodiversity development assessment report under the Biodiversity Conservation Act 2016—the application is not accompanied by a report, or

  • (f)

    for an application required to be accompanied by a species impact statement under the Fisheries Management Act 1994, section 221ZW—the application is not accompanied by a statement.

(2)

For the purposes of the Act, a development application is taken never to have been made if—

  • (a)

    the application is rejected by a consent authority under this section, and

  • (b)

    the determination to reject the application is not changed following a review.

(3)

Immediately after rejecting a development application, the consent authority must notify, through the NSW planning portal—

  • (a)

    the applicant of the reasons for the rejection, and

  • (b)

    if the development application is for integrated development or development requiring concurrence—each relevant approval body or concurrence authority.

(4)

Subsection (3)(b) applies only if the consent authority has already notified the approval body under section 42 or the concurrence authority under section 50.

s 39: Am 2023 (350), Sch 1[2].

40Withdrawal of development applications(1)

An applicant may, through the NSW planning portal, withdraw a development application at any time before the application is determined.

(2)

An application that is withdrawn is taken never to have been made, except for the purposes of this Regulation, section 57(4) or the Act, Schedule 1.

(3)

Immediately after a development application for integrated development or development requiring concurrence is withdrawn, the consent authority must notify, through the NSW planning portal, each relevant approval body or concurrence authority.

(4)

Subsection (3) applies only if the consent authority has already notified the approval body under section 42 or the concurrence authority under section 50.

Division 3Development applications for integrated development—the Act, ss 4.12, 4.47 and 4.6441Application of Division(1)

This Division applies to a development application for integrated development.

(2)

This Division ceases to apply to a development application for integrated development if the development application is rejected or withdrawn.

42Consent authority to seek general terms of approval(1)

Within 14 days after a development application for integrated development is lodged, the consent authority must—

  • (a)

    give a copy of the application and all accompanying documents to each approval body whose approval is required, and

  • (b)

    give written notice to the approval body of—

    • (i)

      the basis on which its approval is required, and

    • (ii)

      the day on which the development application was lodged, and

    • (iii)

      if known, when the application will be publicly exhibited for the purposes of the Act.

(2)

The consent authority is not required to comply with subsection (1) if, within 14 days after the development application is lodged—

  • (a)

    the consent authority rejects the application, or

  • (b)

    the application is withdrawn.

(3)

Immediately after the end of the public exhibition period, the consent authority must give a copy of all submissions received during the public exhibition period to each approval body.

43Approval body may request additional information from consent authority(1)

An approval body whose approval has been sought in relation to development may request additional information about the development from the consent authority.

(2)

The approval body’s request must—

  • (a)

    be written, and

  • (b)

    specify a reasonable period within which the additional information must be given to the approval body.

(3)

Immediately after receiving a request for additional information from an approval body, a consent authority must request the additional information from the applicant.

(4)

The consent authority’s request must—

  • (a)

    be made through the NSW planning portal, and

  • (b)

    specify the period within which the additional information must be given to the approval body, and

  • (c)

    specify the number of days in the assessment period that have elapsed, and

  • (d)

    inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—

    • (i)

      the request, and

    • (ii)

      the day on which the applicant provides the additional information or notifies, or is taken to have notified, the consent authority that the information will not be provided.

(5)

Immediately after receiving the additional information from the applicant, the consent authority must give the information to the approval body.

(6)

An applicant to whom a request is made may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.

(7)

An applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—

  • (a)

    the period specified under subsection (2)(b), or

  • (b)

    a further period allowed by the approval body.

(8)

The consent authority must notify the approval body as soon as practicable after the applicant notifies, or is taken to have notified, the consent authority that the applicant will not provide the additional information.

(9)

In this section—

additional information, in relation to a development application, means information the approval body considers necessary to properly consider the general terms of approval.

44Notice of proposed consultations about Aboriginal heritage impact under National Parks and Wildlife Act 1974(1)

If a development application relates to development that requires an Aboriginal heritage impact permit under the National Parks and Wildlife Act 1974, the Planning Secretary must notify the consent authority that Aboriginal community consultation is required under that Act.

(2)

Immediately after being notified by the Planning Secretary under this section, the consent authority must give notice to the applicant that—

  • (a)

    specifies the number of days in the assessment period for the development application that have elapsed, and

  • (b)

    informs the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during a period of Aboriginal community consultation required under the National Parks and Wildlife Act 1974.

45Notification of general terms of approval(1)

An approval body that receives a development application from a consent authority must give written notice to the consent authority of its decision about the general terms of approval in relation to the development application, including whether it will grant an approval—

  • (a)

    within 40 days after receiving the development application from the consent authority, or

  • (b)

    if the development must be publicly exhibited under the Act—within 21 days after—

    • (i)

      receiving from the consent authority the submissions made during the public exhibition period, or

    • (ii)

      being notified by the consent authority that no submissions were made.

(2)

If the consent authority determines a development application by refusing to grant consent before the end of the period under subsection (1)—

  • (a)

    the consent authority must notify the approval body as soon as practicable after the determination, and

  • (b)

    this section ceases to apply to the development application.

(3)

This section does not prevent a consent authority from considering the general terms of approval notified to the consent authority by an approval body after the end of the period under subsection (1).

46Planning Secretary may act on behalf of approval body(1)

The Planning Secretary is authorised to act on behalf of an approval body if—

  • (a)

    the approval body has not given written notice to the consent authority under the Act, section 4.47, within the relevant assessment period, of—

    • (i)

      whether the approval body will grant the approval, or

    • (ii)

      the general terms of its approval, or

  • (b)

    the consent authority identifies an inconsistency in the general terms of approval of 2 or more approval bodies that means a general term of approval of an approval body could not be complied with without breaching a general term of approval of another approval body.

(2)

As soon as practicable after deciding to act on behalf of an approval body, the Planning Secretary must give written notice to the consent authority and approval body.

(3)

The assessment requirements set out in the Secretary’s Assessment Requirements for Development Requiring General Terms of Approval, as in force from time to time and published on the NSW planning portal, are prescribed as State assessment requirements.

(4)

In this section—

relevant assessment period means the period of 21 or 40 days specified in section 45(1) as the period within which the approval body must notify its decision to the consent authority.

47Planning Secretary may request additional information from applicant(1)

This section applies if the Planning Secretary decides to act on behalf of an approval body as referred to in the Act, section 4.47(4A).

(2)

The Planning Secretary may request additional information from the applicant.

(3)

The request must—

  • (a)

    be written, and

  • (b)

    specify a reasonable period within which the additional information must be given to the Planning Secretary.

(4)

An applicant to whom a request is made may give the Planning Secretary written notice that the applicant will not provide the additional information.

(5)

The Planning Secretary may deal with a request for general terms of approval without the additional information from an applicant if the applicant—

  • (a)

    notifies the Planning Secretary that the additional information will not be provided, or

  • (b)

    has not provided the additional information by the end of—

    • (i)

      the period specified under subsection (3)(b), or

    • (ii)

      a further period allowed by the Planning Secretary.

(6)

In this section—

additional information, in relation to a development application, means information the Planning Secretary considers necessary to properly consider the general terms of approval.

48Notification of general terms of approval by Planning Secretary(1)

If the Planning Secretary decides to act on behalf of an approval body as referred to in the Act, section 4.47(4A), the Planning Secretary must, within 21 days after giving notice under section 46(2), give written notice of the Planning Secretary’s decision about the general terms of approval, including whether approval will be given, to—

  • (a)

    the consent authority, and

  • (b)

    each approval body.

(2)

If the consent authority determines the development application by refusing to grant consent before the end of the period under subsection (1)—

  • (a)

    the consent authority must, as soon as practicable after the determination, give written notice to the Planning Secretary, and

  • (b)

    subsection (1) ceases to apply in relation to the development application.

(3)

This section does not prevent a consent authority from considering the general terms of approval notified to the consent authority by the Planning Secretary after the end of the period under subsection (1).

Division 4Development applications for development requiring concurrence—the Act, ss 4.12, 4.13 and 4.6449Application of Division(1)

This Division applies to a development application that relates to development requiring the concurrence of a concurrence authority.

(2)

This Division extends, with necessary modifications, to a development application or environmental assessment that relates to development or an activity for which concurrence is required under—

  • (a)

    the Biodiversity Conservation Act 2016, section 7.12, or

  • (b)

    the Fisheries Management Act 1994, section 221ZZ.

(3)

This Division, other than section 55, does not apply if a concurrence authority’s concurrence may be assumed under section 55.

(4)

This Division ceases to apply to a development application if the development application is rejected or withdrawn.

50Consent authority to seek concurrence(1)

Within 14 days after a development application for development requiring concurrence is lodged, the consent authority must give each concurrence authority whose concurrence is required—

  • (a)

    a copy of the application and all accompanying documents, and

  • (b)

    written notice of the following—

    • (i)

      the basis on which its concurrence is required,

    • (ii)

      the day on which the development application was lodged,

    • (iii)

      if known, when the application will be publicly exhibited.

(2)

The consent authority is not required to comply with subsection (1) if, within 14 days after the application is lodged—

  • (a)

    the consent authority rejects the application, or

  • (b)

    the application is withdrawn.

(3)

If the Planning Secretary has made an election under State Environmental Planning Policy (Planning Systems) 2021, Chapter 4 in relation to the development, the consent authority must give the development application to the Planning Secretary as soon as practicable after receiving notice of the election.

(4)

Immediately after the end of the public exhibition period for a development application for development requiring concurrence, the consent authority must give a copy of all submissions received during the public exhibition period to each concurrence body.

s 50: Am 2022 (40), Sch 1[13].

51Concurrence under Biodiversity Conservation Act 2016(1)

This section applies if concurrence may be required under the Biodiversity Conservation Act 2016, Part 7 from a person (the biodiversity concurrence authority) because the development application indicates that a reduction is being sought in the number of biodiversity credits required to be retired under the biodiversity development assessment report.

(2)

The development application must be given to the biodiversity concurrence authority within 10 days, instead of 14 days, after the development application is lodged.

(3)

The consent authority must, within 30 days after the application is lodged, notify the biodiversity concurrence authority—

  • (a)

    whether it proposes to reduce the number of biodiversity credits required to be retired, and

  • (b)

    if so, the amount of and the reasons for the reduction, as referred to in the Biodiversity Conservation Act 2016, section 7.13(4).

(4)

If the concurrence of the biodiversity concurrence authority is required because the consent authority proposes to reduce the number of biodiversity credits, the reference in section 53(1)(a) to a concurrence authority giving notice of its decision to a consent authority within 40 days after receiving the development application is taken to be a reference to giving notice within 50 days after the development application is lodged.

52Concurrence authority may request additional information from consent authority(1)

A concurrence authority whose concurrence has been sought in relation to development may request additional information about the development from the consent authority.

(2)

The request must—

  • (a)

    be written, and

  • (b)

    specify a reasonable period within which the additional information must be given to the concurrence authority.

(3)

Immediately after receiving a request for additional information from a concurrence authority, a consent authority must request the additional information from the applicant.

(4)

The consent authority’s request must—

  • (a)

    be written, and

  • (b)

    specify the period within which the additional information must be given to the concurrence authority, and

  • (c)

    specify the number of days in the assessment period that have elapsed, and

  • (d)

    inform the applicant that the assessment period ceases to run, in accordance with Part 4, Division 4, during the period between—

    • (i)

      the request, and

    • (ii)

      the day on which the applicant provides the information or notifies, or is taken to have notified, the consent authority that the information will not be provided.

(5)

Immediately after receiving the additional information from the applicant, the consent authority must give the information to the concurrence authority.

(6)

The applicant to whom a request is made may, through the NSW planning portal, notify the consent authority that the applicant will not provide the additional information.

(7)

The applicant is taken to have notified the consent authority that the applicant will not provide the additional information if the applicant has not provided the information by the end of—

  • (a)

    the period specified under subsection (2)(b), or

  • (b)

    a further period allowed by the concurrence authority.

(8)

The consent authority must notify the concurrence authority as soon as practicable after the applicant notifies, or is taken to have notified, the consent authority that the applicant will not provide the additional information.

(9)

In this section—

additional information, in relation to development, means information the concurrence authority considers necessary to properly consider if concurrence should be granted.

53Notification of decision(1)

A concurrence authority that receives a development application from a consent authority must give written notice to the consent authority of its decision on the development application—

  • (a)

    within 40 days after receiving the development application from the consent authority, or a lesser period, if any, provided for in an environmental planning instrument, or

  • (b)

    if the development must be publicly exhibited under the Act—within 21 days after—

    • (i)

      receiving from the consent authority the submissions made during the public exhibition period, or

    • (ii)

      being notified by the consent authority that no submissions were made.

(2)

If the consent authority determines a development application by refusing to grant consent before the end of the period under subsection (1)—

  • (a)

    the consent authority must notify the concurrence authority as soon as practicable after the determination, and

  • (b)

    this section ceases to apply to the development application.

(3)

This section does not prevent a consent authority from considering a concurrence authority’s decision on a development application that is notified to the consent authority after the end of the relevant period under subsection (1).

54Notice of reasons for concurrence decisions

If the concurrence authority grants concurrence subject to a condition, or refuses concurrence, the concurrence authority must give written notice to the consent authority of the reasons for the imposition of the condition or the refusal.

55Circumstances in which concurrence may be assumed(1)

A concurrence authority may, by written notice given to the consent authority—

  • (a)

    inform the consent authority that concurrence may be assumed, subject to the qualifications or conditions specified in the notice, and

  • (b)

    amend or revoke an earlier notice under this section.

(2)

A consent granted by a consent authority that has assumed concurrence in accordance with a notice under this section is as valid and effective as if concurrence had been given.

Division 5Development applications for designated development, nominated integrated development, threatened species development, Class 1 aquaculture development and State significant development—the Act, ss 4.12, 4.47 and 4.6456Notice of development applications(1)

This section applies to a development application for the following only—

  • (a)

    designated development,

  • (b)

    nominated integrated development,

  • (c)

    threatened species development,

  • (d)

    Class 1 aquaculture development,

  • (e)

    State significant development.

(2)

As soon as practicable after a development application is lodged, the consent authority must—

  • (a)

    publish notice of the application on the consent authority’s website, and

  • (b)

    give notice of the application to—

    • (i)

      the public authorities that, in the consent authority’s opinion, may have an interest in the determination of the application, and

    • (ii)

      the persons that own or occupy the land adjoining the land to which the application relates.

(3)

Subsection (2)(b)(i) does not require notice to be given to relevant concurrence authorities or approval bodies.

(4)

Subsection (2)(b)(ii) does not apply to a notice that relates to an application for public notification development or designated development.

(5)

The fee payable to a consent authority for the giving of notice under this section, other than for State significant development, is specified in Schedule 4.

(6)

The notice under subsection (2)(a) and (b) must contain the following information—

  • (a)

    a description and address of the land on which the development will be carried out,

  • (b)

    the name of the applicant and the consent authority,

  • (c)

    a description of the development,

  • (d)

    whether the development is designated development, nominated integrated development, threatened species development, Class 1 aquaculture development or State significant development,

  • (e)

    a statement that the application and the documents accompanying the application, including any environmental impact statement, are available on the consent authority’s website for the minimum period required under the Act,

  • (f)

    a statement that a person may, during the public exhibition period, make submissions to the consent authority about the application and that the submissions must specify the grounds of objection, if any,

  • (g)

    for development that is also integrated development—a statement of the required approvals and the approval bodies for the approvals,

  • (h)

    for State significant development—whether the Minister has directed that the Independent Planning Commission must hold a public hearing,

  • (i)

    for designated development—

    • (i)

      a statement that, unless the Independent Planning Commission has held a public hearing, a person who objected to the development by making a submission and who is dissatisfied with the determination of the consent authority to grant development consent, may appeal to the Court, and

    • (ii)

      a statement that, if the Independent Planning Commission holds a public hearing, the Commission’s determination of the application is final and not subject to appeal.

(7)

For the purposes of this section—

  • (a)

    if land is a lot in a freehold strata scheme—a notice to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and

  • (b)

    if land is a lot in a leasehold strata scheme—a notice to the lessor under the leasehold strata scheme and to the owners corporation is taken to be a notice to the owner or occupier of each lot in the strata scheme, and

  • (c)

    if land is owned or occupied by more than 1 person—a notice to 1 owner or 1 occupier is taken to be a notice to all owners and occupiers of the land.

(8)

In this section—

freehold strata scheme and leasehold strata scheme have the same meaning as in the Strata Schemes Development Act 2015.

57Notice not required in certain circumstances(1)

This section applies to a development application for the following that has been lodged but not determined by the consent authority—

  • (a)

    nominated integrated development,

  • (b)

    threatened species development,

  • (c)

    Class 1 aquaculture development.

(2)

The consent authority may decide not to comply with section 56 in relation to an amended development application if the consent authority—

  • (a)

    complied with section 56 in relation to the development application (the original development application) before it was amended, and

  • (b)

    considers that the amended development application differs from the original development application in minor ways only.

(3)

Compliance with section 56 in relation to the original development application is taken to be compliance in relation to the amended development application.

(4)

The consent authority must give written notice to the applicant of its decision under this section no later than the notice of the determination of the amended development application is given under the Act, section 4.18.

58Exhibition of notice of designated development application

A notice for a development application for designated development must be exhibited on the land to which the development application relates and must—

  • (a)

    be displayed on a signpost or board, and

  • (b)

    be clear and legible, and

  • (c)

    have the heading “DEVELOPMENT PROPOSAL” in capital letters and bold type, and

  • (d)

    contain the following information—

    • (i)

      a statement that the development application has been lodged,

    • (ii)

      the name of the applicant,

    • (iii)

      a brief description of the development application,

    • (iv)

      a statement that the development application and the documents accompanying the development application, including any environmental impact statement, are available on the consent authority’s website for the minimum period required under the Act for designated development, and

  • (e)

    if practicable, be able to be read from a public place.

59Additional requirements for State significant development—the Act, s 4.39(1)

The Planning Secretary must give an applicant for State significant development a copy of the submissions, or a summary of the submissions, received in relation to the application during the public exhibition period.

(2)

The Planning Secretary may, by written notice—

  • (a)

    identify the issues raised in the submissions that the Planning Secretary considers require a response from the applicant, and

  • (b)

    require the applicant to give a written response, and

  • (c)

    require the applicant to have regard to the State Significant Development Guidelines in preparing the response.

(3)

The written notice must specify a reasonable period within which the response must be given to the Planning Secretary.

(4)

The applicant may, through the NSW planning portal, notify the Planning Secretary that the applicant will not give a response.

(5)

The applicant is taken to have notified the Planning Secretary that the applicant will not give a response if the applicant has not provided the information by the end of—

  • (a)

    the period specified under subsection (3), or

  • (b)

    a further period allowed by the Planning Secretary.

(6)

The Planning Secretary must publish the following documents relating to a development application for State significant development on the NSW planning portal—

  • (a)

    the Planning Secretary’s environmental assessment requirements under Part 8, Division 2,

  • (b)

    the application, including accompanying documents and information and any amendments made to the application,

  • (c)

    submissions received during the public exhibition period and any response from the applicant received under subsection (2),

  • (d)

    any environmental assessment report prepared by the Planning Secretary,

  • (e)

    any development consent or modification to a development consent,

  • (f)

    any application made for a modification to development consent, including accompanying documents and information,

  • (g)

    documents or information given to the Planning Secretary by the applicant in response to submissions.

s 59: Am 2022 (142), Sch 1[1]; 2023 (350), Sch 1[1].

60Submissions about designated development to be given to Planning Secretary

The consent authority must, immediately after the public exhibition period for a development application for designated development, give a copy of any submissions to the Planning Secretary, unless the Minister is the consent authority.

Part 4Determination of development applicationsDivision 1Determination of development applications—the Act, s 4.15(1)(a)(iv)61Additional matters that consent authority must consider(1)

In determining a development application for the demolition of a building, the consent authority must consider the Australian Standard AS 2601—2001: The Demolition of Structures.

(2)

In determining a development application for the carrying out of development on land that is subject to a subdivision order under the Act, Schedule 7, the consent authority must consider—

  • (a)

    the subdivision order, and

  • (b)

    any development plan prepared for the land by a relevant authority under that Schedule.

(3)

In determining a development application for development on the following land, the consent authority must consider the Dark Sky Planning Guideline

  • (a)

    land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional,

  • (b)

    land less than 200 kilometres from the Siding Spring Observatory, if the development is—

    • (i)

      State significant development, or

    • (ii)

      designated development, or

    • (iii)

      development specified in State Environmental Planning Policy (Planning Systems) 2021, Schedule 6.

(4)

In determining a development application for development for the purposes of a manor house or multi dwelling housing (terraces), the consent authority must consider the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.

(5)

Subsection (4) applies only if the consent authority is satisfied there is not a development control plan that adequately addresses the development.

(6)

In determining a development application for development for the erection of a building for residential purposes on land in Penrith City Centre, within the meaning of Penrith Local Environmental Plan 2010, the consent authority must consider the Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre published by the Department on 28 June 2019.

(7)–(8)

(Repealed)

s 61: Am 2022 (39), sec 3(1) (2); 2022 (40), Sch 1[14]; 2022 (142), Sch 1[2]; 2022 (656), sec 3(1) (2); 2022 (702), Sch 1[6]; 2023 (67), sec 3(1).

62Consideration of fire safety(1)

This section applies to the determination of a development application for a change of building use for an existing building if the applicant does not seek the rebuilding or alteration of the building.

(2)

The consent authority must—

  • (a)

    consider whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use, and

  • (b)

    not grant consent to the change of building use unless the consent authority is satisfied that the building complies, or will, when the development is completed, comply, with the Category 1 fire safety provisions that are applicable to the building’s proposed use.

(3)

Subsection (2)(b) does not apply to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

63Considerations for erection of temporary structures

In determining a development application for the erection of a temporary structure, the consent authority must consider whether—

  • (a)

    the fire protection and structural capacity of the structure will be appropriate to the proposed use of the structure, and

  • (b)

    the ground or other surface on which the structure will be erected will be sufficiently firm and level to sustain the structure while in use.

64Consent authority may require upgrade of buildings(1)

This section applies to the determination of a development application that involves the rebuilding or alteration of an existing building if—

  • (a)

    the proposed building work and previous building work together represent more than half of the total volume of the building, or

  • (b)

    the measures contained in the building are inadequate—

    • (i)

      to protect persons using the building, if there is a fire, or

    • (ii)

      to facilitate the safe egress of persons using the building from the building, if there is a fire, or

    • (iii)

      to restrict the spread of fire from the building to other buildings nearby.

(2)

The consent authority must consider whether it is appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

(3)

In this section—

previous building work means building work completed or authorised within the previous 3 years.

total volume of a building means the volume of the building before the previous building work commenced and measured over the building’s roof and external walls.

65Consideration of conservation plan for development at Sydney Opera House(1)

In determining a development application for development at the Sydney Opera House to which the Act, Part 4 applies, the consent authority must consider the provisions of the Sydney Opera House Conservation Plan.

(2)

In this section—

Sydney Opera House has the same meaning as Opera House in the Sydney Opera House Trust Act 1961.

Sydney Opera House Conservation Plan means the conservation management plan for the Sydney Opera House entitled “Respecting the Vision”, 4th edition, published in July 2017 on the Sydney Opera House Trust’s website.

66Contributions plans for certain areas in Sydney—the Act, s 4.16(1)(1)

A development application for development on the following land must not be determined by the consent authority unless a contributions plan has been approved for the land to which the application relates—

  • (a)

    land in Zone IN1 General Industrial under State Environmental Planning Policy (Industry and Employment) 2021, Chapter 2,

  • (b)

    land in a residential, business or industrial zone, Zone C4 Environmental Living or Zone 1 Urban Development under a Precinct Plan in State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 3 or State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 3,

  • (c)

    land shown on the Land Application Map under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 4.

(2)

The consent authority may dispense with the requirement for a contributions plan if—

  • (a)

    the consent authority considers the development application is of a minor nature, or

  • (b)

    the developer has entered into a planning agreement for the matters that may be the subject of a contributions plan.

(3)

(Repealed)

s 66: Am 2022 (40), Sch 1[15]–[17]; 2022 (142), Sch 1[3]; 2025 (501), Sch 1[1].

66ACouncil-related development applications—the Act, s 4.16(11)(1)

A council-related development application must not be determined by the consent authority unless—

  • (a)

    the council has adopted a conflict of interest policy, and

  • (b)

    the council considers the policy in determining the application.

(2)

In this section—

conflict of interest policy means a policy that—

  • (a)

    specifies how a council will manage conflicts of interest that may arise in connection with council-related development applications because the council is the consent authority, and

Date of commencement, 30.6.2023, sec 2. Amended by Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022 (702). LW 25.11.2022. Date of commencement, on publication on LW, sec 2.

(540)

Environmental Planning and Assessment Amendment (Parramatta City Centre Development Levy) Regulation 2022. LW 9.9.2022.

Date of commencement, 14.10.2022, sec 2.

(579)

Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022. LW 30.9.2023.

Date of commencement, 3.4.2023, sec 2.

(621)

Environmental Planning and Assessment Amendment (Water Catchments) Regulation 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

(654)

Environmental Planning and Assessment Amendment (Bee Keeping and Grazing) Regulation 2022. LW 4.11.2022.

Date of commencement, 9.11.2022, sec 2.

(656)

Environmental Planning and Assessment Amendment (Wagga Wagga Activation Precinct) Regulation 2022. LW 4.11.2022.

Date of commencement, on publication on LW, sec 2.

(702)

Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022. LW 25.11.2022.

Date of commencement, on publication on LW, sec 2.

(752)

Environmental Planning and Assessment Amendment (Cumberland Plain Biodiversity Certification) Regulation 2022. LW 9.12.2022.

Date of commencement, on publication on LW, sec 2.

(753)

Environmental Planning and Assessment Amendment (Stage 1 Bays West Precinct) Regulation 2022. LW 9.12.2022.

Date of commencement, on publication on LW, sec 2.

(789)

Environmental Planning and Assessment Amendment (Activation Precincts) Regulation 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

(790)

Environmental Planning and Assessment Amendment (Kosciuszko Alpine Region) Regulation 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

(791)

Environmental Planning and Assessment Amendment (Lismore Flood Recovery) Regulation 2022. LW 16.12.2022.

Date of commencement, 13.2.2023, sec 2.

2023

(30)

Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Construction Certificates) Regulation 2023. LW 3.2.2023.

Date of commencement, on publication on LW, sec 2.

(31)

Environmental Planning and Assessment Amendment (Water Supply Systems) Regulation 2023. LW 3.2.2023.

Date of commencement, on publication on LW, sec 2.

(67)

Environmental Planning and Assessment Amendment (Dubbo) Regulation 2023. LW 24.2.2023.

Date of commencement, on publication on LW, sec 2.

(71)

Planning Legislation Amendment (National Construction Code) Regulation 2023. LW 24.2.2023.

Date of commencement, 1.5.2023, sec 2.

(94)

Environmental Planning and Assessment Amendment (Activation Precincts) Regulation 2023. LW 2.3.2023.

Date of commencement, on publication on LW, sec 2.

(95)

Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023. LW 2.3.2023.

Date of commencement, 3.4.2023, sec 2.

(277)

Environmental Planning and Assessment Amendment (Fees) Regulation 2023. LW 9.6.2023.

Date of commencement, on publication on LW, sec 2.

(318)

Environmental Planning and Assessment Amendment (Lismore City Local Planning Panel) Regulation 2023. LW 23.6.2023.

Date of commencement, on publication on LW, sec 2.

(350)

Environmental Planning and Assessment Amendment (NSW Planning Portal) Regulation 2023. LW 30.6.2023.

Date of commencement, on publication on LW, sec 2.

No 7

Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023.

Date of commencement, 14.7.2023, sec 2.

(512)

Environmental Planning and Assessment Amendment (Estimated Development Cost) Regulation 2023. LW 15.9.2023.

Date of commencement, 4.3.2024, sec 2.

(513)

Environmental Planning and Assessment Amendment (Exceptions to Development Standards) Regulation 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, sec 2.

(530)

Environmental Planning and Assessment Amendment (Special Contributions Areas Infrastructure Fund) Regulation 2023. LW 22.9.2023.

Date of commencement, on publication on LW, sec 2.

(531)

Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2023. LW 22.9.2023.

Date of commencement, on publication on LW, sec 2.

(547)

Environmental Planning and Assessment Legislation Amendment (Housing and Productivity Contributions) Regulation 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

(602)

Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2023. LW 10.11.2023.

Date of commencement, on publication on LW, sec 2.

(620)

Environmental Planning and Assessment Amendment (Snowy Mountains Activation Precinct) Regulation 2023. LW 24.11.2023.

Date of commencement, on publication on LW, sec 2.

No 53

24-Hour Economy Commissioner Act 2023. Assented to 12.12.2023.

Date of commencement of Sch 4.2, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024.

(662)

Environmental Planning and Assessment Amendment (Housing) Regulation 2023. LW 14.12.2023.

Date of commencement, on publication on LW, sec 2.

2024

(97)

Environmental Planning and Assessment Amendment (Schools) Regulation 2024. LW 5.4.2024.

Date of commencement, on publication on LW, sec 2.

(134)

Environmental Planning and Assessment Amendment (Transport Oriented Development) Regulation 2024. LW 29.4.2024.

Date of commencement, 13.5.2024, sec 2.

(297)

Environmental Planning and Assessment Amendment (Development Levies) Regulation 2024. LW 12.7.2024.

Date of commencement, on publication on LW, sec 2.

(315)

Environmental Planning and Assessment Amendment (High Speed Rail Authority) Regulation 2024. LW 26.7.2024.

Date of commencement, on publication on LW, sec 2.

(325)

Environmental Planning and Assessment Amendment (Consent Authority) Regulation 2024. LW 2.8.2024.

Date of commencement, on publication on LW, sec 2.

(562)

Environmental Planning and Assessment Amendment (Development Consents) Regulation 2024. LW 8.11.2024.

Date of commencement, on publication on LW, sec 2.

(577)

Environmental Planning and Assessment Amendment (Government and Non-Government Schools) Regulation 2024. LW 22.11.2024.

Date of commencement, on publication on LW, sec 2.

(588)

Environmental Planning and Assessment Amendment (Hornsby Transport Oriented Development Precinct) Regulation 2024. LW 27.11.2024.

Date of commencement, on publication on LW, sec 2.

(589)

Environmental Planning and Assessment Amendment (Macquarie Park Transport Oriented Development Precinct) Regulation 2024. LW 27.11.2024.

Date of commencement, on publication on LW, sec 2.

(629)

Environmental Planning and Assessment Amendment (Development Levies) Regulation (No 2) 2024. LW 13.12.2024.

Date of commencement, on publication on LW, sec 2.

(630)

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Regulation 2024. LW 13.12.2024.

Date of commencement, 13.12.2024, sec 2 and 2024 (623) LW 13.12.2024.

(631)

Environmental Planning and Assessment Amendment (Temporary Housing) Regulation 2024. LW 13.12.2024.

Date of commencement, on publication on LW, sec 2.

2025

(17)

Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025. LW 31.1.2025.

Date of commencement, 13.2.2025, sec 2.

(143)

Environmental Planning and Assessment Amendment (Bush Fire Protection Mechanisms) Regulation 2025. LW 4.4.2025.

Date of commencement, on publication on LW, sec 2.

No 24

Environmental Planning and Assessment Amendment Act 2025. Assented to 22.5.2025.

Date of commencement of Sch 2, assent, sec 2(b).

(300)

Environmental Planning and Assessment Amendment (Network Operators) Regulation 2025. LW 27.6.2025.

Date of commencement of Sch 1[1] and [3], on publication on LW, sec 2(b); date of commencement of Sch 1[2], 1.7.2025, sec 2(a).

(340)

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions Scheme) Regulation 2025. LW 11.7.2025.

Date of commencement, on publication on LW, sec 2.

(354)

Environmental Planning and Assessment Amendment (Pattern Book Development) Regulation 2025. LW 16.7.2025.

Date of commencement, on publication on LW, sec 2.

(501)

Environmental Planning and Assessment Amendment (Snowy Mountains) Regulation 2025. LW 19.9.2025.

Date of commencement, on publication on LW, sec 2.

(556)

Environmental Planning and Assessment Amendment (Planning Proposal Authority) Regulation 2025. LW 17.10.2025.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Sec 2

Am 2022 (40), Sch 1[1].

Sec 3

Am 2022 (520), Sch 2[1].

Sec 4

Am 2023 (71), Sch 1.3[1].

Sec 6

Subst 2023 (512), Sch 1[1].

Sec 6A

Ins 2023 (512), Sch 1[1].

Sec 10A

Ins 2025 (556), Sch 1.

Sec 15

Am 2023 (662), Sch 1[1].

Sec 23

Am 2022 (702), Sch 1[1]–[3]; 2022 (790), sec 3.

Sec 26

Am 2022 (448), sec 3(1)–(3).

Sec 27

Am 2023 (531), Sch 2[1].

Sec 29

Am 2022 (520), Sch 2[2]; 2023 (662), Sch 1[2]–[4].

Sec 30A

Ins 2022 (460), Sch 1[1]. Am 2022 (752), Sch 1[1].

Sec 30B

Ins 2022 (579), Sch 1[1].

Sec 31

Am 2022 (40), Sch 1[2]; 2022 (333), sec 3(1); 2022 (789), Sch 1[1]; 2023 (94), sec 3(1).

Sec 34

Am 2022 (40), Sch 1[3]–[5].

Sec 35

Am 2022 (40), Schs 1[6]–[12], 3[1]; 2022 (118), sec 3(1) (2); 2022 (460), Sch 1[2]; 2022 (702), Sch 1[4] [5]; 2022 (753), sec 3(1) (2); 2023 (512), Sch 1[2]; 2024 (588), Sch 1[1] [2]; 2024 (589), Sch 1[1] [2].

Sec 35A

Ins 2022 (40), Sch 3[2].

Sec 35B

Ins 2023 (513), Sch 1[1].

Sec 35B

Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[8]). Renumbered as sec 35BA, 2023 (662), Sch 1[5].

Sec 35BA (previously sec 35B)

Renumbered 2023 (662), Sch 1[5].

Sec 35C

Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[9] [10]).

Sec 35D

Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[11] [12]).

Sec 36

Am 2023 (350), Sch 1[1].

Sec 37

Am 2022 (142), Sch 1[1].

Sec 38

Am 2023 (350), Sch 1[2].

Sec 39

Am 2023 (350), Sch 1[2].

Sec 50

Am 2022 (40), Sch 1[13].

Sec 59

Am 2022 (142), Sch 1[1]; 2023 (350), Sch 1[1].

Sec 61

Am 2022 (39), sec 3(1) (2); 2022 (40), Sch 1[14]; 2022 (142), Sch 1[2]; 2022 (656), sec 3(1) (2); 2022 (702), Sch 1[6]; 2023 (67), sec 3(1).

Sec 66

Am 2022 (40), Sch 1[15]–[17]; 2022 (142), Sch 1[3]; 2025 (501), Sch 1[1].

Sec 66A

Ins 2022 (579), Sch 1[2]. Am 2023 (95), sec 4(1) (2).

Sec 69

Am 2023 (30), Sch 2[1] [2]; 2023 (71), Sch 1.3[2].

Sec 79A

Ins 2022 (520), Sch 2[4] (am 2023 (531), Sch 1[13]–[15]).

Sec 79B

Ins 2022 (520), Sch 2[4] (am 2023 (531), Sch 1[16]).

Sec 80

Am 2023 (662), Sch 1[6].

Sec 81

Am 2022 (40), Sch 1[18] [19]; 2023 (662), Sch 1[7] [8].

Sec 82

Am 2022 (40), Sch 1[20]; 2023 (662), Sch 1[9].

Sec 84

Am 2022 (448), sec 3(4); 2023 (662), Sch 1[10].

Sec 86A

Ins 2024 (134), Sch 1.

Sec 87

Am 2022 (40), Sch 1[21] [22]; 2022 (530), Sch 1[1].

Sec 88

Am 2022 (530), Sch 1[2].

Sec 90A

Ins 2023 (513), Sch 1[2].

Sec 97A

Ins 2023 No 53, Sch 4.2. Subst 2024 (562), Sch 1.

Sec 99

Am 2022 (142), Sch 1[1].

Sec 100

Am 2025 No 24, Sch 2[1].

Sec 101

Am 2022 (40), Sch 1[23].

Sec 102

Am 2022 (520), Sch 2[5]; 2023 (662), Sch 1[11]–[14].

Sec 103

Am 2022 (40), Sch 1[24].

Sec 104

Am 2022 (702), Sch 1[7]; 2023 (350), Sch 1[1].

Sec 105

Am 2025 No 24, Sch 2[2].

Sec 113

Am 2022 (142), Sch 1[4]; 2023 (350), Sch 1[2].

Sec 118

Am 2022 (530), Sch 1[3] [4].

Sec 122

Am 2023 (71), Sch 1.3[3].

Sec 126

Am 2022 (40), Sch 1[22] [25]. Subst 2022 (244), Sch 1[1]. Am 2022 (789), Sch 1[2]; 2023 (94), sec 3(2); 2023 (620), Sch 1[1]; 2025 (501), Sch 1[2].

Sec 127

Am 2022 (40), Sch 1[22] [26]. Rep 2022 (244), Sch 1[1]. Ins 2022 (791), Sch 1[1].

Sec 127A

Ins 2024 (631), Sch 1[1].

Sec 128

Am 2022 (40), Sch 1[27]–[29]; 2022 (702), Sch 1[8] [9]; 2024 (97), Sch 1[1] [2].

Sec 129

Am 2022 (40), Sch 1[22] [30] [31]; 2022 (244), Sch 1[2].

Sec 129A

Ins 2022 (40), Sch 1[32]. Am 2022 (702), Sch 1[10].

Sec 130

Am 2023 (71), Sch 1.3[3] [4]; 2025 (354), Sch 1[1].

Sec 131

Am 2023 (531), Sch 2[2].

Sec 131A

Ins 2025 (354), Sch 1[2].

Sec 133

Am 2025 (354), Sch 1[3].

Sec 134

Am 2022 (40), Sch 1[33] [34]; 2025 (354), Sch 1[4].

Sec 136

Am 2022 (702), Sch 1[11] [12]; 2025 (17), Sch 2[1].

Sec 137

Am 2022 (702), Sch 1[13]–[16]; 2022 (789), Sch 1[3]; 2023 (71), Sch 1.3[3] [5] [6]; 2023 No 7, Sch 2.26[1]; 2024 (631), Sch 1[2]; 2025 (17), Sch 2[2].

Sec 138

Am 2022 (40), Sch 1[35]–[37]; 2022 (333), sec 3(2) (3).

Sec 141

Am 2022 (789), Sch 1[4]–[6]; 2023 (350), Sch 1[1].

Sec 146

Am 2023 (71), Sch 1.3[2].

Sec 155

Am 2022 (142), Sch 1[5].

Sec 157

Am 2023 (512), Sch 1[3].

Sec 169

Subst 2022 (146), sec 3. Am 2022 (266), sec 3(1); 2022 (654), sec 3(1) (2).

Sec 171

Am 2022 (40), Sch 1[38]; 2022 (702), Sch 1[17]; 2023 (512), Sch 1[2]; 2024 (577), Sch 1[1].

Sec 171A

Ins 2022 (621), Sch 1.

Sec 173

Am 2022 (142), Sch 1[1].

Sec 175

Am 2022 (40), Sch 1[39] [40].

Sec 178A

Ins 2023 (350), Sch 1[3].

Sec 179

Am 2022 (142), Sch 1[6] [7].

Sec 180

Am 2022 (142), Sch 1[8] [9].

Sec 181

Am 2022 (40), Sch 1[41].

Sec 190

Am 2021 (759), Sch 8[1]; 2022 (142), Sch 1[1].

Sec 195

Rep 2023 (350), Sch 1[4].

Sec 198

Am 2022 (40), Sch 1[42]; 2022 (702), Sch 1[18]; 2024 (577), Sch 1[3].

Part 8, Div 7

Ins 2022 (460), Sch 1[3].

Sec 201A

Ins 2022 (460), Sch 1[3]. Am 2022 (752), Sch 1[1].

Sec 201B

Ins 2024 (577), Sch 1[2].

Sec 206

Am 2021 (759), Sch 8[2] [3].

Sec 209

Am 2022 (540), Sch 1[1] [2]; 2023 (350), Sch 1[5]; 2024 (297), Sch 1[1] [2]; 2024 (588), Sch 1[3]; 2024 (589), Sch 1[3]; 2024 (629), Sch 1[1]–[3].

Sec 217

Am 2021 (759), Sch 8[4].

Sec 218

Am 2021 (759), Sch 8[5]–[7].

Sec 218A

Ins 2021 (759), Sch 8[8].

Sec 220

Am 2021 (759), Sch 8[9] [10].

Part 9, Div 6

Ins 2023 (530), sec 3.

Sec 222A

Ins 2023 (530), sec 3. Am 2023 (547), Sch 1[1]–[4].

Sec 222B

Ins 2024 (631), Sch 1[3]. Rep 2025 No 24, Sch 2[3]. Ins 2025 (340), Sch 1[1].

Sec 222C

Ins 2025 (340), Sch 1[1].

Sec 223

Am 2022 (40), Sch 1[43].

Sec 240

Am 2022 (579), Sch 1[3].

Sec 245

Am 2023 (350), Sch 1[1].

Sec 246

Am 2022 (530), Sch 1[5].

Sec 251

Subst 2023 (512), Sch 1[4].

Sec 266

Am 2023 (512), Sch 1[5] [6].

Sec 267

Am 2023 (512), Sch 1[7].

Sec 268

Am 2022 (142), Sch 1[10].

Sec 269

Am 2022 (40), Sch 1[44] [45].

Sec 269A

Ins 2022 (752), Sch 1[2].

Sec 270

Am 2023 (71), Sch 1.3[7].

Sec 271

Subst 2023 (71), Sch 1.3[8]. Am 2025 (143), Sch 1[1] [2].

Sec 272

Am 2023 (71), Sch 1.3[9].

Sec 275

Am 2024 (325), Sch 1[1].

Sec 285

Am 2023 (350), Sch 1[6].

Sec 286

Am 2023 (350), Sch 1[7].

Sec 287

Subst 2023 (350), Sch 1[8].

Sec 287A

Ins 2023 (350), Sch 1[8].

Part 15, Div 4A

Ins 2023 (662), Sch 1[15].

Sec 288A

Ins 2023 (662), Sch 1[15].

Sec 288B

Ins 2023 (662), Sch 1[15].

Sec 288C

Ins 2023 (662), Sch 1[15].

Sec 288D

Ins 2023 (662), Sch 1[15].

Sec 288E

Ins 2024 (325), Sch 1[2].

Sec 291

Am 2022 (791), Sch 1[2]; 2023 (318), sec 3.

Sec 298

Rep 2021 (759), sec 298(8). Ins 2022 (142), Sch 1[11].

Sec 299

Ins 2024 (630), Sch 1.

Sec 300

Ins 2025 No 24, Sch 2[4].

Sch 1

Am 2022 (40), Sch 1[31] [46]–[49]; 2022 (333), sec 3(4); 2023 (31), sec 3; 2024 (315), Sch 1[1] [2]; 2024 (577), Sch 1[4]; 2025 (300), Sch 1[1].

Sch 2

Am 2022 (40), Sch 1[50]–[54]; 2023 (547), Sch 1[5]; 2023 (602), Sch 1; 2024 (97), Sch 1[3]; 2025 (300), Sch 1[2].

Sch 3

Am 2022 (40), Sch 1[23] [25] [55]–[59]; 2022 (142), Sch 1[12]; 2022 (333), sec 3(5); 2022 (656), sec 3(3); 2022 (702), Sch 1[19]–[21]; 2022 (753), sec 3(3); 2023 No 7, Sch 2.26[2]; 2023 (620), Sch 1[2].

Sch 4

Am 2022 (40), Sch 1[60] [61]; 2022 (142), Sch 1[13] [14]; 2022 (244), Sch 1[3] [4]; 2022 (752), Sch 1[3]; 2023 (277), sec 3; 2023 (512), Sch 1[8]–[15].

Sch 5

Am 2022 (40), Sch 1[62] [63]; 2022 (266), sec 3(2) (3); 2022 (789), Sch 1[7].

Sch 5A

Ins 2023 (662), Sch 1[16].

Sch 6

Am 2021 (759), Sch 8[11]; 2022 (142), Sch 1[15]–[17]; 2022 (530), Sch 1[6] (am 2022 (702), Sch 2.1[2]); 2022 (702), Sch 1[22]–[24]; 2023 (30), Sch 2[3]; 2023 (67), sec 3(2); 2023 (71), Sch 1.3[12]; 2023 (95), sec 4(3); 2023 (512), Sch 1[16]; 2023 (513), Sch 1[3]; 2023 (547), Sch 1[6]; 2024 (97), Sch 1[4]; 2024 (588), Sch 1[4]; 2024 (589), Sch 1[4]; 2025 (501), Sch 1[3].

Sch 7

Am 2022 (40), Sch 1[64]–[70]; 2022 (520), Sch 2[6] (am 2023 (531), Sch 1[17] [18]); 2022 (530), Sch 1[7]; 2022 (579), Sch 1[4]; 2023 (71), Sch 1.3[10] [11]; 2023 (512), Sch 1[17]–[19]; 2023 (531), Sch 2[3]; 2023 (662), Sch 1[17]; 2024 (631), Sch 1[4]; 2025 (300), Sch 1[3].

Sch 8

Am 2022 (40), Sch 1[71] [72]. Rep 2022 (702), Sch 1[25].

Sch 9

Rep 2022 (40), Sch 1[73].

Sch 10

Rep 2022 (702), Sch 1[25].

Table of concordance

For the purposes of comparison, this table shows certain provisions of the Environmental Planning and Assessment Regulation 2000, as in force immediately before the commencement of this Regulation, and the corresponding provisions of this Regulation. See also the table of concordance for the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, which commenced on 1 January 2022 and remade various provisions of the Environmental Planning and Assessment Regulation 2000.

Old provision

New provision

cl 3

Sch 7

cl 3A

s 3

cl 3B

s 3

cl 4

s 7

cl 7

s 4

cl 10

s 8

cl 10A

s 9

cl 11

s 10

cl 12

s 11

cl 16

s 12

cl 18

s 13

cl 21

s 14

cl 21A

s 15

cl 22

s 16

cl 22A

s 17

cl 24

s 21

cl 25

s 18

cl 25AA

s 19

cl 25AB

s 20

cl 25A

s 202

cl 25B

s 203

cl 25C

s 203

cl 25D

s 204

cl 25E

s 205

cl 25F

s 206

cl 25G

s 206

cl 25H

s 206

cl 25I

s 207

cl 25J

s 208

cl 25K

s 209

cl 25L

s 210

cl 26

s 211

cl 27

s 212

cl 28

s 213

cl 31

s 214

cl 32

s 215

cl 33A

s 216

cl 34

s 217

cl 35

s 218

cl 36

s 219

cl 37

s 220

cl 38

s 220

cl 39

s 162

cl 41

s 163

cl 42

s 164

cl 43

s 165

cl 44

s 166

cl 45

s 167

cl 46

s 167

cl 47

s 22

cl 48

s 255

cl 49

s 23

cl 50

ss 6, 24, 27, 29, 31

cl 50A

s 30

cl 50B

s 24

cl 50C

s 31

cl 51

s 39, 254

cl 52

s 40, 253

cl 54

s 36

cl 55

ss 37, 38

cl 55AA

ss 37, 38

cl 55A

s 37, 38

cl 56

s 32

cl 56A

s 293

cl 56B

s 293

cl 58

s 49

cl 59

ss 50, 51

cl 60

s 52

cl 61

s 50

cl 62

s 53

cl 63

s 54

cl 64

s 55

cl 65

s 41

cl 66

s 42

cl 67

s 43

cl 68

s 44

cl 69

s 42

cl 70

s 45

cl 70AA

s 46

cl 70AB

s 47

cl 70AC

s 48

cl 70A

s 33

cl 70B

s 33

cl 77

s 56

cl 78

s 58

cl 81

s 60

cl 82

s 59

cl 90

s 57

cl 92

s 61

cl 92A

s 61

cl 93

s 62

cl 94

s 64

cl 94A

s 63

cl 95

s 76

cl 96

s 77

cl 96A

s 78

cl 97

s 67, 68

cl 97A

s 75

cl 98

s 69

cl 98A

s 70

cl 98B

s 71

cl 98C

s 72

cl 98D

s 73

cl 98E

s 74

cl 98EA

s 80

cl 98F

s 81

cl 98G

s 82

cl 98H

s 83

cl 98I

s 84

cl 98J

s 85

cl 98K

s 86

cl 100

Part 4, Div 3

cl 101

Part 4, Div 3

cl 102

Part 4, Div 3

cl 105

Part 4, Div 3

cl 106

Part 4, Div 4

cl 109

Part 4, Div 4

cl 110

Part 4, Div 4

cl 111

Part 4, Div 4

cl 113

Part 4, Div 4

cl 112

Part 4, Div 4

cl 113A

s 245

cl 113B

Part 4, Div 4

cl 114

s 116

cl 115

Part 5, Div 1

cl 115AA

Part 5, Div 1

cl 115A

Part 5, Div 1

cl 117

Part 5, Div 2

cl 118

Part 5, Div 2

cl 119

Part 5, Div 2

cl 119A

s 103

cl 119B

s 114

cl 120

s 109

cl 121A

s 104

cl 121B

s 113

cl 122

s 118

cl 122A

s 119

cl 122B

s 119

cl 123

s 117

cl 123BA

s 275

cl 123C

s 276

cl 123E

s 277

cl 123F

s 277

cl 123G

Part 12

cl 123H

Part 12

cl 123I

Part 12

cl 124

s 97

cl 124AA

s 96

cl 124A

s 79

cl 124B

s 79

cl 124C

s 79

cl 124D

s 79

cl 124E

s 278

cl 124F

s 279

cl 124G

s 280

cl 124H

s 275

cl 124I

s 277

cl 124J

s 277

cl 124K

s 291

cl 126

ss 6, 120, 129

cl 127

s 132

cl 128

s 127

cl 129

s 126

cl 129A

s 131

cl 129AA

s 132

cl 129AB

s 138

cl 129B

s 139

cl 129C

s 140

cl 129D

s 135

cl 129E

s 159

cl 130AA

s 133

cl 130AB

s 134

cl 130

s 137, 141

cl 130A

s 160

cl 131

s 142

cl 132

s 143

cl 133

s 144

cl 134

s 136

cl 136A

s 146

cl 136AA

s 147

cl 136AB

s 148

cl 136B

s 149

cl 136C

s 150

cl 136D

s 151

cl 136E

s 152

cl 136H

s 153

cl 136I

s 154

cl 136J

s 155

cl 136K

s 156

cl 136L

s 156

cl 136M

s 157

cl 136N

s 158

cl 137

s 161

cl 192

s 179

cl 193

s 181

cl 193A

s 184

cl 193B

s 182

cl 193C

s 191

cl 194

s 183

cl 195

s 185

cl 196

s 186

cl 196A

s 180

cl 196B

s 180

cl 197

s 187

cl 198

s 188

cl 226

s 294

cl 227AA

s 169

cl 228

ss 170, 171

cl 233

s 194

cl 243

s 196

cl 244D

ss 197, 198

cl 244E

s 198

cl 244F

ss 198, 199, 200

cl 244J

ss 197, 198

cl 244K

s 198

cl 244L

s 201

cl 244M

ss 197, 198

cl 244N

s 201

cl 244O

s 201

cl 246A

s 250

cl 246B

Sch 4, Part 2

cl 247

Sch 4, Part 2

cl 248

Sch 4, Part 3

cl 249

Sch 4, Part 2

cl 250

Sch 4, Part 2

cl 251

Sch 4, Part 3

cl 252

s 254 and Sch 4, Part 3

cl 252A

s 253 and Sch 4, Part 3

cl 253

s 253 and Sch 4, Part 3

cl 254

s 256

cl 255

s 251

cl 256

s 256

cl 256A

s 266

cl 256B

s 258

cl 256BA

s 259

cl 256C

s 249

cl 256D

s 256

cl 256E

s 256

cl 256F

Sch 4, Part 5

cl 256G

Sch 4, Part 5

cl 256H

Sch 4, Part 5

cl 256I

Sch 4, Part 5

cl 256J

s 257 and Sch 4, Part 6

cl 256K

s 265 and Sch 4, Part 6

cl 256KA

s 261

cl 256L

ss 249, 267

cl 256M

Sch 4, Part 6

cl 256N

s 263

cl 256O

s 264 and Sch 4, Part 6

cl 256P

s 251

cl 257

Sch 4, Part 7

cl 257A

Sch 4, Part 7

cl 258

s 254 and Sch 4, Part 4

cl 258A

Sch 4, Part 7

cl 259

s 290 and Sch 4, Part 9

cl 262

s 268 and Sch 4, Part 9

cl 262A

s 269 and Sch 4, Part 8

cl 262C

s 269 and Sch 4, Part 8

cl 263

ss 252, 260, 262 and Sch 4, Part 9

cl 263A

s 292

cl 263B

s 268 and Sch 4, Parts 5–9

cl 264

s 240

cl 265

s 241

cl 266

s 242

cl 267

s 243

cl 268Y

s 223

cl 268YA

s 223

cl 268Z

s 224

cl 268ZA

s 225

cl 268ZB

s 226

cl 268ZC

s 227

cl 268ZD

s 228

cl 268ZE

s 229

cl 268ZF

s 230

cl 268ZG

s 231

cl 268ZH

s 232

cl 268ZI

s 230

cl 268ZJ

s 233

cl 268ZK

s 234

cl 268ZL

s 235

cl 268ZM

s 236

cl 268ZN

s 237

cl 268ZO

s 238

cl 268ZP

s 239

cl 269

s 221

cl 270

s 66

cl 270A

s 66

cl 271

s 66

cl 272

Part 14

cl 273

Part 14

cl 273A

Part 14

cl 274

s 35

cl 275

s 35

cl 275A

s 35

cl 275B

s 35

cl 275C

s 35

cl 275D

s 35

cl 275E

s 35

cl 276

s 34

cl 277

Sch 1

cl 278

s 222

cl 279

s 290

cl 280

s 289

cl 281

s 289

cl 281A

s 281

cl 281B

s 283

cl 281C

s 284

cl 282

s 297

cl 284

Sch 5

cl 285

s 282

cl 285A

s 295

cl 285B

s 296

cl 288

s 65

cl 293

s 248

cl 294

s 298

cl 295

s 285

cl 295A

s 286

cl 296

Sch 6

cl 298

Sch 6

cl 298

Sch 6

cl 299

Sch 8

Sch 1, cl 1

ss 25, 26, 28

Sch 1, cl 2

s 24

Sch 1, cl 2A

s 27

Sch 1, cl 2B

s 27

Sch 1, cl 4

ss 121–124 and 128–131

Sch 1, cl 4A

s 131

Sch 1, cl 4B

s 129

Sch 1, cl 7

s 5

Sch 2, cl 2

s 172

Sch 2, cl 3

ss 173–178, 191

Sch 2, cl 4

s 174

Sch 2, cl 6

s 190

Sch 2, cl 7

ss 192, 193

Sch 3

Sch 3

Sch 3A

s 72

Sch 4

Sch 2

Sch 5

Sch 5

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