Environmental Planning and Assessment Act 1979

Objects of Act (cf previous s 5) The objects of this Act are as follows— (a) to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources, (b) to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment, (c) to promote the orderly and economic use and development of land, (d) to promote the delivery and maintenance of affordable housing, (e) to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats, (f) to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage), (g) to promote good design and amenity of the built environment, (h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants, (i) to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State, (j) to provide increased opportunity for community participation in environmental planning and assessment. s 1.3: Ins 2017 No 60, Sch 1.1.

Definitions s 1.4 (previously s 4): Renumbered 2017 No 60, Sch 1.2 [1]. Am 2017 No 17, Sch 4.27 [1]; 2018 No 25, Sch 4 [1]–[6]; 2018 No 63, Sch 3.3[1] [2]; 2020 No 40, Sch 4.3; 2022 No 8, Sch 4.1[3]; 2023 No 52, Sch 1[1]; 2025 No 24, Sch 1[2].

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. advertising structure means a structure used or to be used principally for the display of an advertisement. affordable housing means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. amend includes alter, vary or substitute (and amend provisions or a document includes amend a map or spatial dataset adopted by or under the provisions or document). area has the same meaning as it has in the Local Government Act 1993 . authorised fire officer —see section 9.35(1)(d). brothel means a brothel within the meaning of the Restricted Premises Act 1943 , other than premises used or likely to be used for the purposes of prostitution by no more than one prostitute. building includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993 . Building Code of Australia means the document, published by or on behalf of the Australian Building Codes Board, that is prescribed for purposes of this definition by the regulations, together with— (a) the amendments made by the Board and prescribed by the regulations, and (b) the variations approved by the Board in relation to New South Wales and prescribed by the regulations, and (c) the variations prescribed by the regulations. building work —see Part 6. certifier —see Part 6. Note. Under Part 6, a certifier is a council or a person registered as a registered certifier under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies. change of building use means a change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building. city , in the Six Cities Region, means an area of land described as a city in Schedule 9. community participation plan means a community participation plan prepared and published under Division 2.6. complying development is development for which provision is made as referred to in section 4.2(5). complying development certificate means a complying development certificate referred to in section 4.27. consent authority —see Division 4.2. construction certificate , subdivision works certificate , occupation certificate , subdivision certificate , compliance certificate —see Part 6. control , in relation to development or any other act, matter or thing, means— (a) consent to, permit, regulate, restrict or prohibit that development or that other act, matter or thing, either unconditionally or subject to conditions, or (b) confer or impose on a consent authority functions with respect to consenting to, permitting, regulating, restricting or prohibiting that development or that other act, matter or thing, either unconditionally or subject to conditions. council has the same meaning as it has in the Local Government Act 1993 . Court means the Land and Environment Court. Crown land has the same meaning as in the Crown Land Management Act 2016 . demolition of a building or work includes enclosing a public place in connection with the demolition of a building or work. Department means the Department of Planning and Environment. designated development has the meaning given by section 4.10. designated Sydney districts means the following cities in the Six Cities Region, as described in Schedule 9— (a) the Eastern Harbour City, (b) the Central River City, (c) the Western Parkland City. development —see section 1.5. development application means an application for consent under Part 4 to carry out development but does not include an application for a complying development certificate. development area means land constituted as a development area in accordance with Division 7.3. development consent means consent under Part 4 to carry out development and includes, unless expressly excluded, a complying development certificate. development control order means an order under Division 9.3. development control plan (or DCP ) means a development control plan made, or taken to have been made, under Division 3.6 and in force. development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of— (a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point, (b) the proportion or percentage of the area of a site which a building or work may occupy, (c) the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work, (d) the cubic content or floor space of a building, (e) the intensity or density of the use of any land, building or work, (f) the provision of public access, open space, landscaped space, tree planting or other treatment for the conservation, protection or enhancement of the environment, (g) the provision of facilities for the standing, movement, parking, servicing, manoeuvring, loading or unloading of vehicles, (h) the volume, nature and type of traffic generated by the development, (i) road patterns, (j) drainage, (k) the carrying out of earthworks, (l) the effects of development on patterns of wind, sunlight, daylight or shadows, (m) the provision of services, facilities and amenities demanded by development, (n) the emission of pollution and means for its prevention or control or mitigation, and (o) such other matters as may be prescribed. ecologically sustainable development has the same meaning it has in section 6(2) of the Protection of the Environment Administration Act 1991 . environment includes all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings. environmental planning instrument means an environmental planning instrument (including a SEPP or LEP but not including a DCP) made, or taken to have been made, under Part 3 and in force. erection of a building includes— (a) the rebuilding of, the making of alterations to, or the enlargement or extension of, a building, or (b) the placing or relocating of a building on land, or (c) enclosing a public place in connection with the construction of a building, or (d) erecting an advertising structure over a public road, or (e) extending a balcony, awning, sunshade or similar structure or an essential service pipe beyond the alignment of a public road, but does not include any act, matter or thing excluded by the regulations (either generally for the purposes of this Act or only for the purposes of specified provisions of this Act). exempt development —see section 1.6. function includes a power, authority or duty, and exercise a function includes perform a duty. Independent Planning Commission means the Independent Planning Commission constituted under Part 2. integrated development has the meaning given by section 4.46. land includes— (a) the sea or an arm of the sea, (b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and (c) a river, stream or watercourse, whether tidal or non-tidal, and (d) a building erected on the land. local environmental plan (or LEP )—see section 3.13(2). local planning panel means a local planning panel constituted under Part 2. Ministerial planning order means an order made by the Minister and published on the NSW planning portal. NSW planning portal means the website with the URL of www.planningportal.nsw.gov.au, or any other website, used by the Planning Secretary to provide public access to documents or other information in the NSW planning database. objector means a person who has made a submission under Schedule 1 by way of objection to a development application for consent to carry out designated development. occupier includes a tenant or other lawful occupant of premises, not being the owner. owner has the same meaning as in the Local Government Act 1993 . owner-builder has the same meaning as in the Home Building Act 1989 . person includes an unincorporated group of persons or a person authorised to represent that group. place of shared accommodation includes a boarding house, a common lodging house, a house let in lodgings and a backpackers hostel. Planning Ministerial Corporation means the corporation constituted under Part 2. Planning Secretary means the Secretary of the Department of Planning and Environment. premises means any of the following— (a) a building of any description or any part of it and the appurtenances to it, (b) manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993 , (b1) a vehicle of any description, (c) land, whether built on or not, (d) a tent, (e) a swimming pool, (f) a ship or vessel of any description (including a houseboat). principal contractor for building work means the person responsible for the overall co-ordination and control of the carrying out of the building work. Note. If any residential building work is involved, the principal contractor must be the holder of a contractor licence under the Home Building Act 1989 . prohibited development means— (a) development the carrying out of which is prohibited on land by the provisions of an environmental planning instrument that apply to the land, or (b) development that cannot be carried out on land with or without development consent. provision for fire safety means provision for any or all of the following— (a) the safety of persons in the event of fire, (b) the prevention of fire, (c) the detection of fire, (d) the suppression of fire, (e) the prevention of the spread of fire. public authority means— (a) a public or local authority constituted by or under an Act, or (b) a Public Service agency, or (c) a statutory body representing the Crown, or (d) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013 , or (e) a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989 , or (f) a chief executive officer of a corporation or subsidiary referred to in paragraph (e), or (g) a person prescribed by the regulations for the purposes of this definition. public place has the same meaning as in the Local Government Act 1993 . public reserve has the same meaning as in the Local Government Act 1993 . public road has the same meaning as in the Roads Act 1993 . registered certifier means a person registered under the Building and Development Certifiers Act 2018 acting in respect of matters to which the registration applies. Registration Secretary means the Secretary within the meaning of the Building and Development Certifiers Act 2018 . regulation means a regulation made under this Act. residential accommodation has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . residential building work has the same meaning as in the Home Building Act 1989 . Six Cities Region means the region described in Schedule 9. State environmental planning policy (or SEPP )—see section 3.13(2). State significant development has the meaning given by Division 4.7. State significant infrastructure has the meaning given by Division 5.2. subdivision of land —see Part 6. subdivision work —see Part 6. Sydney district or regional planning panel means a Sydney district planning panel or a regional planning panel constituted under Part 2. temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure. Tier 1, Tier 2 or Tier 3 monetary penalty , in relation to an offence, indicates the maximum monetary penalty that a court may impose for the offence—see sections 9.52–9.54 for the relevant maximum amounts. use of land includes a change of building use. work includes any physical activity in relation to land that is specified by a regulation to be a work for the purposes of this Act, but does not include a reference to any activity that is specified by a regulation not to be a work for the purposes of this Act. The carrying out of a work includes— (a) the renewal of, the making of alterations to, or the enlargement or extension of, a work, or (b) enclosing a public place in connection with the carrying out of a work. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Planning administration pt 2: Ins 2017 No 60, Sch 2.1 [1]. Division 2.1 Minister and Planning Secretary div 2.1: Ins 2017 No 60, Sch 2.1 [1]. 2.1 The Minister (cf previous s 7) (1) The Minister has portfolio responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902 . (2) The Minister has the functions conferred or imposed on the Minister under this Act. s 2.1: Ins 2017 No 60, Sch 2.1 [1]. 2.2 The Planning Secretary (cf previous ss 13, 15, 17) (1) The Planning Secretary has departmental responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902 . (2) The Planning Secretary has the functions conferred or imposed on the Planning Secretary under this Act. (3) The Planning Secretary may provide advice, recommendations and reports to the Minister in connection with the administration of this Act (whether on the Planning Secretary’s own initiative or as required by the Minister). (4) The Planning Secretary is, in the exercise of any function under this Act, subject to the control and direction of the Minister (except in relation to the contents of any advice, recommendation or report provided to the Minister by the Planning Secretary). s 2.2: Ins 2017 No 60, Sch 2.1 [1]. 2.3 Panels established by Minister or Planning Secretary (cf previous s 22) (1) The Minister or the Planning Secretary may, by order published on the NSW legislation website, establish panels for the purposes of this Act. (2) The chairperson and other members of any such panel are to be appointed by the Minister or the Planning Secretary (as the case requires). (3) The functions of any such panel are to be as specified in the order by which it is established, and (without limitation) may include— (a) the investigation of any matter relevant to the administration of this Act, or (b) the provision of advice, recommendations or reports with respect to any such matter to the Minister, the Planning Secretary or other person or body engaged in the administration of this Act. This subsection does not limit any functions conferred on any such panel under this or any other Act. (4) Any such panel is not subject to the direction or control of the Minister or the Planning Secretary (except in relation to the procedure of the panel and any directions under section 9.1). (5) The order establishing any such panel is to specify the name of the panel. The word “panel” is not required to be included in the name of the panel. (6) Schedule 2 contains provisions with respect to the members and procedure of any such panel. (7) The regulations may make provision for or with respect to the functions, members and procedure of any such panel. (8) Any such panel is a NSW Government agency, unless the order by which it is established provides that it is not a NSW Government agency. Note. By virtue of section 13A of the Interpretation Act 1987 , a NSW Government agency has the status, privileges and immunities of the Crown. s 2.3: Ins 2017 No 60, Sch 2.1 [1]. 2.4 Delegation by Minister, Planning Ministerial Corporation or Planning Secretary (cf previous s 23) (1) The Minister, the Planning Ministerial Corporation or the Planning Secretary may delegate any of their functions under this Act to— (a) a person employed in the Department of Planning and Environment, or (b) (c) the Independent Planning Commission, or (d) a Sydney district planning panel, or (e) a regional planning panel, or (f) a public authority or member of staff of a public authority, or (g) a council or member of staff of a council, or (h) a person, or person of a class, authorised for the purposes of this section by the regulations. (2) A reference in this section to a function under this Act includes a reference to— (a) a function of the Minister under any other Act that is conferred or imposed on the Minister in his or her capacity as the Minister administering this Act or in connection with the administration of this Act, or (b) a function of the Planning Ministerial Corporation under any other Act, or (c) a function of the Planning Secretary under any other Act that is conferred or imposed on the Planning Secretary in connection with the administration of this Act. (3) This section does not authorise the delegation of— (a) the power of delegation conferred by this section, or (b) the function of the Minister under Division 5.2 of determining an application for approval to carry out critical State significant infrastructure, or (c) any function of the Minister of giving directions under section 9.1 or of appointing a planning administrator or exercising other functions under section 9.6. s 2.4: Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3]. Division 2.2 Planning Ministerial Corporation div 2.2: Ins 2017 No 60, Sch 2.1 [1]. 2.5 Constitution and functions of Corporation (cf previous s 8) (1) There is constituted by this Act a corporation with the corporate name of the Planning Ministerial Corporation. (2) The Planning Ministerial Corporation has such functions as are conferred or imposed on it under this or any other Act. (3) The Planning Ministerial Corporation is a NSW Government agency. s 2.5: Ins 2017 No 60, Sch 2.1 [1]. 2.6 Management of Corporation (cf previous s 8) (1) The affairs of the Planning Ministerial Corporation are to be managed by the Planning Secretary in accordance with any directions of the Minister. (2) Any act, matter or thing done in the name of, or on behalf of, the Planning Ministerial Corporation by the Planning Secretary, or with the authority of the Planning Secretary, is taken to have been done by the Corporation. (3) The regulations may make provision with respect to the seal of the Planning Ministerial Corporation. (4) The annual report of the Planning Ministerial Corporation is to be published as part of the annual report of the Department of Planning and Environment. Note. Schedule 2 contains property provisions relating to the Planning Ministerial Corporation and Division 7.3 contains financial provisions relating to the Corporation. s 2.6: Ins 2017 No 60, Sch 2.1 [1]. Division 2.3 Independent Planning Commission div 2.3: Ins 2017 No 60, Sch 2.1 [1]. 2.7 Independent Planning Commission (cf previous s 23B) (1) There is constituted by this Act a corporation with the corporate name of the Independent Planning Commission of New South Wales. (2) The Commission is not subject to the direction or control of the Minister (except in relation to the procedure of the Commission and any directions authorised to be given to the Commission under section 9.1 or other provision of this Act). (3) The Commission is a NSW Government agency. s 2.7: Ins 2017 No 60, Sch 2.1 [1]. 2.8 Members of Commission (cf previous Sch 3, cl 2) (1) The Independent Planning Commission is to consist of such members as are appointed by the Minister. (2) One member of the Commission is, in the instrument of appointment or a subsequent instrument, to be appointed as the chairperson of the Commission. (3) Each member is to have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, soil or agricultural science, hydro-geology, mining or petroleum development, traffic and transport, law, engineering, tourism or government and public administration. (4) In appointing a member of the Commission, the Minister is to have regard to the need to have a range of expertise represented among the Commission’s members. (5) The Minister may appoint additional members of the Commission for the purposes of exercising specific functions of the Commission. An additional member is not required to have expertise in an area referred to in this section but is required to have expertise in an area relevant to the functions the member is to exercise. (6) Without limiting subsection (5), the Minister may appoint as an additional member for the purposes of that subsection a person who is a member of a subcommittee of the Commission. Any such appointment may be limited to a particular matter or matters, in addition to any limitation relating to specific functions. s 2.8: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 66, Sch 1 [1]. 2.9 Functions of Commission (cf previous s 23D) (1) The Independent Planning Commission has the following functions— (a) the functions of the consent authority under Part 4 for State significant or other development that are (subject to this Act) conferred on it under this Act, (b) any functions under this Act that are delegated to the Commission, (c) to advise the Minister or the Planning Secretary on any matter on which the Minister or the Planning Secretary requests advice from the Commission, (d) to hold a public hearing into any matter into which the Minister requests the Commission to hold a public hearing, (e) any function of a Sydney district or regional planning panel or a local planning panel in respect of a particular matter that the Minister requests the Commission to exercise (to the exclusion of the panel), (f) if a Sydney district or regional planning panel has not been appointed for any part of the State, any function that is conferred on any such panel under an environmental planning instrument applicable to that part or that is otherwise conferred on any such panel under this Act, (g) any other function conferred or imposed on it under this or any other Act. Note. State Environmental Planning Policy (Resources and Energy) 2021 , Chapter 2, Part 2.4, Division 5 provides that a subcommittee appointed by the Independent Planning Commission exercises the gateway functions of the Mining and Petroleum Gateway Panel under that Policy. (2) The matters on which advice may be provided under subsection (1)(c), or into which a public hearing may be held under subsection (1)(d), include any general or particular planning or development matter, the administration of this Act or any related matter. s 2.9: Ins 2017 No 60, Sch 2.1 [1]. Am 2024 No 72, Sch 1[1]. 2.10 Constitution of Commission for particular matters (cf previous Sch 3, cl 4) (1) For the purpose of exercising any of its functions with respect to a particular matter, the Independent Planning Commission is, subject to any direction of the Minister under this section, to be constituted by one or more members determined by the chairperson of the Commission. (2) The Minister may give any of the following directions to the chairperson with respect to the constitution of the Commission for a particular matter or class of matters— (a) a direction as to the number of members that are to constitute the Commission, (b) a direction as to the specified members, or members with specified qualifications or expertise, that are to constitute the Commission. (3) The Commission may, at any time, exercise by the same or different members one or more of its functions. s 2.10: Ins 2017 No 60, Sch 2.1 [1]. 2.11 Miscellaneous provisions relating to Commission (cf previous ss 23C, 23E) (1) Schedule 2 contains provisions with respect to the Independent Planning Commission (including with respect to public hearings by, and to the members and procedures of, the Commission). (2) The work of the Independent Planning Commission is, subject to this Act, to be allocated by the chairperson of the Commission. The chairperson may nominate another member to allocate the work of the Commission during any period the chairperson is unavailable. (2A) The allocation of the work of the Commission includes the determination of the constitution of the Commission for the matter in accordance with section 2.10. (3) The Independent Planning Commission may— (a) arrange for the use of the services of any staff or facilities of the Department of Planning and Environment or other public authority, and (b) engage such consultants as it requires to exercise its functions. (4) The Independent Planning Commission may, with the approval of the Minister, delegate any function of the Commission under this or any other Act (other than this power of delegation) to any person or body specified in the Minister’s approval. s 2.11: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 25, Sch 4 [7]. Division 2.4 Sydney district and regional planning panels div 2.4: Ins 2017 No 60, Sch 2.1 [1]. 2.12 Constitution of Sydney district and regional planning panels (cf previous s 23G) (1) The Sydney district planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the designated Sydney districts so specified in relation to each such panel. (2) The regional planning panels specified in Part 3 of Schedule 2 are constituted for the particular parts of the State (other than a part within the designated Sydney districts) so specified in relation to each such panel. (3) A Sydney district or regional planning panel is not subject to the direction or control of the Minister (except in relation to the procedure of the panel and any directions authorised to be given to the panel under section 9.1 or other provision of this Act). (4) A Sydney district or regional planning panel is a NSW Government agency. (5) The Minister may, by order published on the NSW legislation website, amend Part 3 of Schedule 2 for any of the following purposes— (a) to constitute a Sydney district planning panel and to specify the part of the designated Sydney districts for which it is constituted (including by constituting a single panel for all of the designated Sydney districts), (b) to constitute a regional planning panel and to specify the part of the State (other than a part within the designated Sydney districts) for which it is constituted, (c) to abolish a Sydney district or regional planning panel, (d) to change the name of a Sydney district or regional planning panel or to change the part of the designated Sydney districts or State for which it is constituted, (e) to make savings and transitional provisions consequent on any of the above. s 2.12: Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]–[6]. 2.13 Members of Sydney district and regional planning panels (cf previous Sch 4, cl 2) (1) A Sydney district planning panel is to consist of the following 5 members— (a) 3 members appointed by the Minister (the State members ), (b) 2 nominees of an applicable council (the council nominees ) who are councillors, members of council staff or other persons nominated by the council. (2) A regional planning panel is to consist of the following 5 members— (a) 3 members appointed by the Minister (the State members ), (b) 2 nominees of an applicable council (the council nominees ) who are councillors, members of council staff or other persons nominated by the council. (3) A person is not eligible to be a member of a Sydney district or regional planning panel if the person is— (a) a property developer within the meaning of section 53 of the Electoral Funding Act 2018 , or Note. Section 53 of the Electoral Funding Act 2018 provides that property developer includes a person who is a close associate of a property developer. (b) a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002 . However, a person is not ineligible to be a member of a Sydney district or regional planning panel merely because the person carries on the business of a planning consultant. (4) The State members of a Sydney district or regional planning panel are to be persons who have expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration. In appointing State members, the Minister is to have regard to the need to have a range of expertise represented among the panel’s members. (5) At least one of the council nominees of a Sydney district or regional planning panel is to be a person who has expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. (6) Each applicable council is to nominate 2 persons as council nominees for the purposes of a Sydney district or regional planning panel. If an applicable council fails to nominate one or more council nominees, a Sydney district or regional planning panel is not required to include 2 council nominees for the purposes of exercising its functions in relation to the area of the council concerned. (7) For the purposes of exercising the functions of a Sydney district or regional planning panel in relation to a matter, the council nominees on the panel are to be those nominated by the applicable council for the land to which the matter relates. (8) In this section— applicable council means the council of an area that is situated (wholly or partly) in a part of the State for which a Sydney district or regional planning panel is constituted. s 2.13: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [1]. 2.14 Chairperson of Sydney district and regional planning panels (cf previous Sch 4, cl 2) (1) One of the State members of a Sydney district or regional planning panel is to be appointed by the Minister as chairperson of the panel. (2) The Minister is required to obtain the concurrence of Local Government NSW to the appointment of a chairperson unless Local Government NSW— (a) fails to notify its concurrence or refusal to concur within 21 days of being requested to do so by the Minister, or (b) refuses to concur in the appointment of 2 different persons proposed by the Minister. ss 2.14–2.16: Ins 2017 No 60, Sch 2.1 [1]. 2.15 Functions of Sydney district and regional planning panels (cf previous s 23G) A Sydney district or regional planning panel has the following functions— (a) the functions of the consent authority under Part 4 for regionally significant development that are (subject to this Act) conferred on it under this Act, (b) any functions under this Act of a council within its area that are conferred on it under section 9.6, (c) to advise the Minister or the Planning Secretary as to planning or development matters relating to the part of the State for which it is constituted (or any related matters) if requested to do so by the Minister or the Planning Secretary, (d) any other function conferred or imposed on it under this or any other Act. Note. Under section 9.7, a panel (or the Independent Planning Commission if acting in place of the panel) is, in the exercise of a function referred to in paragraph (b), taken to be the council and is to exercise the function to the exclusion of the council. ss 2.14–2.16: Ins 2017 No 60, Sch 2.1 [1]. 2.16 Miscellaneous provisions relating to Sydney district and regional planning panels (cf previous ss 23H, 118AD, 118AE) (1) Schedule 2 contains provisions with respect to the members and procedure of Sydney district or regional planning panels. (2) A Sydney district or regional planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision. (3) The regulations may make provision for or with respect to the following— (a) the functions conferred under this Act on a Sydney district or regional planning panel, including its procedures in exercising its functions, (b) without limiting paragraph (a), providing that parties to matters being determined by a Sydney district or regional planning panel are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances, (c) the provision of information and reports by Sydney district or regional planning panels. (4) The Planning Secretary is, in the annual report of the Department of Planning and Environment, to report on the activities of Sydney district or regional planning panels during the reporting year under section 9.6. (5) Legal proceedings by or against a Sydney district or regional planning panel are to be taken in the name of the panel and not by or against the members of the panel. (6) A Sydney district or regional planning panel may, with the approval of the Minister, delegate any function of the panel under this or any other Act (other than this power of delegation) to— (a) a council, or (b) a local planning panel of a council, or (c) the general manager or other staff of a council, for any area or part of any area for which the Sydney district or regional planning panel is constituted. (7) For the avoidance of doubt, a member of a Sydney district or regional planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988 . ss 2.14–2.16: Ins 2017 No 60, Sch 2.1 [1]. Division 2.5 Local planning panels div 2.5: Ins 2017 No 60, Sch 2.1 [1]. 2.17 Constitution of local planning panels (1) A council may constitute a single local planning panel for the whole of the area of the council. (2) The following councils must constitute a single local planning panel for the whole of the area of the council— (a) the council of an area that is wholly within the designated Sydney districts, (b) the council of the City of Wollongong, (c) the council of any other area prescribed by the regulations. (3) A single local planning panel may be constituted by 2 or more councils. In that case, any function exercisable by a council in relation to the panel is to be exercised jointly by all those councils. (4) The Minister may, under section 9.1, direct 2 or more particular councils referred to in subsection (2) to constitute a single local planning panel. (5) If a council fails to constitute a local planning panel that it is required to constitute, the Minister may constitute the panel and for that purpose is taken to be the council. (6) A local planning panel is subject to any directions of the Minister under section 9.1. (7) A local planning panel is not subject to the direction or control of the council, except in relation to any matter relating to the procedure of the panel (or to the time within which it is to deal with a matter) that is not inconsistent with any directions of the Minister under section 9.1. s 2.17: Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]. 2.18 Members of local planning panels (1) The members of a local planning panel are to be appointed by the relevant council. (2) Each local planning panel is to comprise (subject to this section) the following 4 members— (a) an approved independent person appointed as the chairperson of the panel with relevant expertise that includes expertise in law or in government and public administration, (b) 2 other approved independent persons with relevant expertise, (c) a representative of the local community who is not a councillor or mayor. (3) A person is not eligible to be a member of a local planning panel constituted by a council if the person is— (a) a councillor of that or any other council, or (b) a property developer within the meaning of section 53 of the Electoral Funding Act 2018 , or Note. Section 53 of the Electoral Funding Act 2018 provides that property developer includes a person who is a close associate of a property developer. (c) a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002 . However, a person is not ineligible to be a member of a local planning panel merely because the person carries on the business of a planning consultant. (4) For the purposes of this section, an approved independent person is an independent person approved by the Minister for appointment to the local planning panel or a person selected from a pool of independent persons approved by the Minister for appointment to the local planning panel. The Minister may approve different pools of independent persons. (5) If the area of the relevant council is divided into wards, the council is to appoint representatives of the local community for each ward as members of the local planning panel. All those representatives are entitled to attend a meeting of the local planning panel, but only one of them designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel. (6) The representative so designated by the chairperson for a matter before the panel is to be the representative for the ward that the chairperson considers is most closely associated with that matter. (7) Relevant expertise for the purposes of this section is expertise in at least one area of planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism or government and public administration. s 2.18: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2]. 2.19 Functions of local planning panels (1) A local planning panel constituted by a council has the following functions— (a) the specified functions of a council as a consent authority under Part 4 that are conferred on it under this Act, (b) to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 3.33 and that is referred to the panel by the council, (c) to advise the council on any other planning or development matter that is to be determined by the council and that is referred to the panel by the council. (2) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the planning proposals that are required to be referred to a local planning panel for advice. (3) This section does not limit the functions that may be exercised by a local planning panel under this Act. ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1]. 2.20 Miscellaneous provisions relating to local planning panels (1) Schedule 2 contains provisions with respect to the members and procedure of local planning panels. (2) A local planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision. (3) The regulations may make provision for or with respect to the following— (a) the functions conferred under this Act on local planning panels, including the procedures of panels in exercising their functions, (b) without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances, (c) the provision of information or reports by councils with respect to the exercise of functions by local planning panels. (4) The council is to provide staff and facilities for the purpose of enabling a local planning panel to exercise its functions. (5) The council is to monitor the performance of local planning panels constituted by the council. (6) A council that has constituted a local planning panel must provide a report to the Planning Secretary, each year or other period directed by the Planning Secretary, as to the following— (a) whether a local planning panel had been constituted by the council during the reporting period, (b) the matters referred to the panel in the reporting period, (c) the persons appointed to the panel, (d) any other matters relating to the exercise of functions by the panel as directed by the Planning Secretary. (7) Legal proceedings by or against a local planning panel are to be taken in the name of the panel and not by or against the members of the panel. (8) A local planning panel may delegate any function of the panel under this or any other Act (other than this power of delegation) to the general manager or other staff of the council. Section 381 of the Local Government Act 1993 does not apply to any such delegation. (9) For the avoidance of doubt, a member of a local planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988 . ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1]. Division 2.6 Community participation div 2.6: Ins 2017 No 60, Sch 2.1 [1]. 2.21 Planning authorities and functions subject to community participation requirements (1) This Division applies to the following planning authorities— (a) the Minister, (b) the Planning Secretary, (c) (d) the Independent Planning Commission, (e) a Sydney district or regional planning panel, (f) a council, (g) a local planning panel, (h) a determining authority under Part 5, (i) a public authority prescribed by the regulations. (2) This Division applies to the exercise of the following planning functions by any such planning authority ( relevant planning functions )— (a) planning instrument functions under Part 3, (b) development consent functions under Part 4, (c) environmental impact assessment functions under Division 5.1 if an environmental impact statement is required, (d) State significant infrastructure approval functions under Division 5.2, (e) contribution plan functions under Part 7, (f) any other function under this Act prescribed by the regulations. s 2.21: Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[4]. 2.22 Mandatory community participation requirements (1) Part 1 of Schedule 1 sets out the mandatory requirements for community participation by planning authorities with respect to the exercise of relevant planning functions. Note. The mandatory requirements include public exhibition for a minimum period, public notification requirements and the giving of reasons for decisions by planning authorities. The regulations under that Schedule may also require community consultation by applicants for consents or other approvals. (2) Those mandatory requirements for community participation include any other forms of community participation that are set out in a community participation plan under this Division and that are identified in that plan as mandatory requirements. s 2.22: Ins 2017 No 60, Sch 2.1 [1]. 2.23 Community participation plans—preparation (1) A planning authority to which this Division applies is required to prepare a community participation plan about how and when it will undertake community participation when exercising relevant planning functions (subject to this section). Note. Schedule 1 requires a proposed plan to be publicly exhibited for at least 28 days. (2) A planning authority is to have regard to the following when preparing a community participation plan— (a) The community has a right to be informed about planning matters that affect it. (b) Planning authorities should encourage effective and on-going partnerships with the community to provide meaningful opportunities for community participation in planning. (c) Planning information should be in plain language, easily accessible and in a form that facilitates community participation in planning. (d) The community should be given opportunities to participate in strategic planning as early as possible to enable community views to be genuinely considered. (e) Community participation should be inclusive and planning authorities should actively seek views that are representative of the community. (f) Members of the community who are affected by proposed major development should be consulted by the proponent before an application for planning approval is made. (g) Planning decisions should be made in an open and transparent way and the community should be provided with reasons for those decisions (including how community views have been taken into account). (h) Community participation methods (and the reasons given for planning decisions) should be appropriate having regard to the significance and likely impact of the proposed development. (3) For the purposes of this Division— (a) a community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by the Minister, and (b) a general community participation plan prepared by the Planning Secretary applies to the exercise of relevant planning functions by determining authorities under Division 5.1 (other than councils or prescribed public authorities), and (c) the regulations may provide that the community participation plan of a planning authority applies to the exercise of relevant planning functions by another planning authority and that the other planning authority is not required to prepare its own community participation plan. (4) A council need not prepare a separate community participation plan if it includes all the matters required under this section in its plan and strategies under the Local Government Act 1993 , section 402A. s 2.23: Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 59, Sch 2.18[1]. 2.24 Community participation plans—miscellaneous provisions (1) Community participation plans are to be published on the NSW planning portal. (2) If the validity of a community participation plan has not been challenged in proceedings commenced in the Court within 3 months after the plan is published, the plan is taken to have been validly made under this Division. (3) Community participation plans are to be reviewed periodically. (4) The regulations may make provision for or with respect to— (a) the form, content and procedures for making and publishing community participation plans (or any amendment of those plans), and (b) reports on the implementation of community participation plans. s 2.24: Ins 2017 No 60, Sch 2.1 [1]. Division 2.7 Miscellaneous div 2.7: Ins 2017 No 60, Sch 2.1 [1]. 2.25 NSW planning portal and other online services and information (cf previous ss 158B, 158C) (1) The Planning Secretary is to establish and facilitate the online delivery of planning services and information (including the NSW planning portal). (2) Schedule 3 contains provisions relating to the NSW planning portal and the online delivery of those services and information. s 2.25: Ins 2017 No 60, Sch 2.1 [1]. 2.26 Obligation of Commission and panels to consult with council about certain decisions (cf previous s 23M) (1) The Independent Planning Commission or a Sydney district or regional planning panel must not exercise a function that will result in the making of a decision that will have, or that might reasonably be expected to have, a significantly adverse financial impact on a council until after it has consulted with the council. (2) This section does not apply to the determination of a development application made by a council. s 2.26: Ins 2017 No 60, Sch 2.1 [1]. 2.27 Obligations of councils to assist Commission and panels (cf previous s 23N) (1) The Independent Planning Commission or a Sydney district or regional planning panel is entitled, on request made to the general manager of a council— (a) to have access to, and to make copies of and take extracts from, records of the council relevant to the exercise of the Commission’s or panel’s functions, and (b) to the use of the staff and facilities of the council in order to exercise the Commission’s or panel’s functions, and (c) to any other assistance or action by the council for the purposes of exercising the Commission’s or panel’s functions. (2) The regulations may make provision with respect to assistance and action under this section. s 2.27: Ins 2017 No 60, Sch 2.1 [1]. 2.28 Exclusion of personal liability (cf previous ss 23(9), 158) A matter or thing done, or omitted to be done, by— (a) the Minister, or (b) the Planning Secretary, or (c) any person employed in the Department of Planning and Environment, or (d) an investigation officer under Part 9, or (e) a member of a panel established by the Minister or the Planning Secretary under this Part, or (f) a member of the Independent Planning Commission, or (g) a member of a Sydney district or regional planning panel, or (h) a member of a local planning panel, or (i) any individual acting under the direction of a person or body referred to above, or (j) any individual acting as the delegate of a person or body referred to above, does not subject the Minister, the Planning Secretary or any such person, officer, member or individual so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of the administration of this Act. s 2.28: Ins 2017 No 60, Sch 2.1 [1]. 2.29 Delegation by public authorities other than councils (cf previous s 153A) (1) In this section, public authority does not include a council. Note. See sections 377–381 of the Local Government Act 1993 in relation to the delegation of functions by councils. (2) A public authority may delegate any function of the public authority under this Act (other than this power of delegation) to a member of staff of the public authority. If the public authority is a chief executive officer, the function may be delegated to any member of staff of the public authority of which he or she is the chief executive officer. (3) A member of staff of a public authority may delegate any function of the member of staff under this Act (other than this power of delegation) to any other member of staff of the public authority. However, if the function is a delegated function, the function cannot be subdelegated unless subdelegation is authorised by the terms of the original delegation. (4) A power conferred by this section is in addition to any other power of delegation of the public authority or member of staff or any power of a person to exercise functions on behalf of the public authority. s 2.29: Ins 2017 No 60, Sch 2.1 [1]. 2.30 Section 381 of Local Government Act 1993 excluded Section 381 of the Local Government Act 1993 does not apply to a delegation under this Act to the general manager or other employee of a council. s 2.30: Ins 2017 No 60, Sch 2.1 [1]. 2.31 Publication of instruments of delegation (1) Any instrument of delegation under this Act by the Minister, the Planning Ministerial Corporation, the Planning Secretary, the Independent Planning Commission, a Sydney district planning panel or a regional planning panel is to be published on the NSW planning portal. (2) Failure to comply with this section does not affect the validity of any such delegation. s 2.31: Ins 2017 No 60, Sch 2.1 [1].

Minister and Planning Secretary div 2.1: Ins 2017 No 60, Sch 2.1 [1]. 2.1 The Minister (cf previous s 7) (1) The Minister has portfolio responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902 . (2) The Minister has the functions conferred or imposed on the Minister under this Act. s 2.1: Ins 2017 No 60, Sch 2.1 [1]. 2.2 The Planning Secretary (cf previous ss 13, 15, 17) (1) The Planning Secretary has departmental responsibility for planning and for the administration of the provisions of this Act allocated to the Minister by an administrative arrangements order under the Constitution Act 1902 . (2) The Planning Secretary has the functions conferred or imposed on the Planning Secretary under this Act. (3) The Planning Secretary may provide advice, recommendations and reports to the Minister in connection with the administration of this Act (whether on the Planning Secretary’s own initiative or as required by the Minister). (4) The Planning Secretary is, in the exercise of any function under this Act, subject to the control and direction of the Minister (except in relation to the contents of any advice, recommendation or report provided to the Minister by the Planning Secretary). s 2.2: Ins 2017 No 60, Sch 2.1 [1]. 2.3 Panels established by Minister or Planning Secretary (cf previous s 22) (1) The Minister or the Planning Secretary may, by order published on the NSW legislation website, establish panels for the purposes of this Act. (2) The chairperson and other members of any such panel are to be appointed by the Minister or the Planning Secretary (as the case requires). (3) The functions of any such panel are to be as specified in the order by which it is established, and (without limitation) may include— (a) the investigation of any matter relevant to the administration of this Act, or (b) the provision of advice, recommendations or reports with respect to any such matter to the Minister, the Planning Secretary or other person or body engaged in the administration of this Act. This subsection does not limit any functions conferred on any such panel under this or any other Act. (4) Any such panel is not subject to the direction or control of the Minister or the Planning Secretary (except in relation to the procedure of the panel and any directions under section 9.1). (5) The order establishing any such panel is to specify the name of the panel. The word “panel” is not required to be included in the name of the panel. (6) Schedule 2 contains provisions with respect to the members and procedure of any such panel. (7) The regulations may make provision for or with respect to the functions, members and procedure of any such panel. (8) Any such panel is a NSW Government agency, unless the order by which it is established provides that it is not a NSW Government agency. Note. By virtue of section 13A of the Interpretation Act 1987 , a NSW Government agency has the status, privileges and immunities of the Crown. s 2.3: Ins 2017 No 60, Sch 2.1 [1]. 2.4 Delegation by Minister, Planning Ministerial Corporation or Planning Secretary (cf previous s 23) (1) The Minister, the Planning Ministerial Corporation or the Planning Secretary may delegate any of their functions under this Act to— (a) a person employed in the Department of Planning and Environment, or (b) (c) the Independent Planning Commission, or (d) a Sydney district planning panel, or (e) a regional planning panel, or (f) a public authority or member of staff of a public authority, or (g) a council or member of staff of a council, or (h) a person, or person of a class, authorised for the purposes of this section by the regulations. (2) A reference in this section to a function under this Act includes a reference to— (a) a function of the Minister under any other Act that is conferred or imposed on the Minister in his or her capacity as the Minister administering this Act or in connection with the administration of this Act, or (b) a function of the Planning Ministerial Corporation under any other Act, or (c) a function of the Planning Secretary under any other Act that is conferred or imposed on the Planning Secretary in connection with the administration of this Act. (3) This section does not authorise the delegation of— (a) the power of delegation conferred by this section, or (b) the function of the Minister under Division 5.2 of determining an application for approval to carry out critical State significant infrastructure, or (c) any function of the Minister of giving directions under section 9.1 or of appointing a planning administrator or exercising other functions under section 9.6. s 2.4: Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3].

Delegation by Minister, Planning Ministerial Corporation or Planning Secretary s 2.4: Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3].

(1) The Minister, the Planning Ministerial Corporation or the Planning Secretary may delegate any of their functions under this Act to— (a) a person employed in the Department of Planning and Environment, or (b) (c) the Independent Planning Commission, or (d) a Sydney district planning panel, or (e) a regional planning panel, or (f) a public authority or member of staff of a public authority, or (g) a council or member of staff of a council, or (h) a person, or person of a class, authorised for the purposes of this section by the regulations.

Local planning panels div 2.5: Ins 2017 No 60, Sch 2.1 [1]. 2.17 Constitution of local planning panels (1) A council may constitute a single local planning panel for the whole of the area of the council. (2) The following councils must constitute a single local planning panel for the whole of the area of the council— (a) the council of an area that is wholly within the designated Sydney districts, (b) the council of the City of Wollongong, (c) the council of any other area prescribed by the regulations. (3) A single local planning panel may be constituted by 2 or more councils. In that case, any function exercisable by a council in relation to the panel is to be exercised jointly by all those councils. (4) The Minister may, under section 9.1, direct 2 or more particular councils referred to in subsection (2) to constitute a single local planning panel. (5) If a council fails to constitute a local planning panel that it is required to constitute, the Minister may constitute the panel and for that purpose is taken to be the council. (6) A local planning panel is subject to any directions of the Minister under section 9.1. (7) A local planning panel is not subject to the direction or control of the council, except in relation to any matter relating to the procedure of the panel (or to the time within which it is to deal with a matter) that is not inconsistent with any directions of the Minister under section 9.1. s 2.17: Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]. 2.18 Members of local planning panels (1) The members of a local planning panel are to be appointed by the relevant council. (2) Each local planning panel is to comprise (subject to this section) the following 4 members— (a) an approved independent person appointed as the chairperson of the panel with relevant expertise that includes expertise in law or in government and public administration, (b) 2 other approved independent persons with relevant expertise, (c) a representative of the local community who is not a councillor or mayor. (3) A person is not eligible to be a member of a local planning panel constituted by a council if the person is— (a) a councillor of that or any other council, or (b) a property developer within the meaning of section 53 of the Electoral Funding Act 2018 , or Note. Section 53 of the Electoral Funding Act 2018 provides that property developer includes a person who is a close associate of a property developer. (c) a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002 . However, a person is not ineligible to be a member of a local planning panel merely because the person carries on the business of a planning consultant. (4) For the purposes of this section, an approved independent person is an independent person approved by the Minister for appointment to the local planning panel or a person selected from a pool of independent persons approved by the Minister for appointment to the local planning panel. The Minister may approve different pools of independent persons. (5) If the area of the relevant council is divided into wards, the council is to appoint representatives of the local community for each ward as members of the local planning panel. All those representatives are entitled to attend a meeting of the local planning panel, but only one of them designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel. (6) The representative so designated by the chairperson for a matter before the panel is to be the representative for the ward that the chairperson considers is most closely associated with that matter. (7) Relevant expertise for the purposes of this section is expertise in at least one area of planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, tourism or government and public administration. s 2.18: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2]. 2.19 Functions of local planning panels (1) A local planning panel constituted by a council has the following functions— (a) the specified functions of a council as a consent authority under Part 4 that are conferred on it under this Act, (b) to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 3.33 and that is referred to the panel by the council, (c) to advise the council on any other planning or development matter that is to be determined by the council and that is referred to the panel by the council. (2) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the planning proposals that are required to be referred to a local planning panel for advice. (3) This section does not limit the functions that may be exercised by a local planning panel under this Act. ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1]. 2.20 Miscellaneous provisions relating to local planning panels (1) Schedule 2 contains provisions with respect to the members and procedure of local planning panels. (2) A local planning panel is required to give written reasons for its decisions and make them publicly available on a website of or used by the panel. A decision is not invalid merely because of a failure to give or publish the reasons or all of the reasons for the decision. (3) The regulations may make provision for or with respect to the following— (a) the functions conferred under this Act on local planning panels, including the procedures of panels in exercising their functions, (b) without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are only to be represented in specified circumstances, (c) the provision of information or reports by councils with respect to the exercise of functions by local planning panels. (4) The council is to provide staff and facilities for the purpose of enabling a local planning panel to exercise its functions. (5) The council is to monitor the performance of local planning panels constituted by the council. (6) A council that has constituted a local planning panel must provide a report to the Planning Secretary, each year or other period directed by the Planning Secretary, as to the following— (a) whether a local planning panel had been constituted by the council during the reporting period, (b) the matters referred to the panel in the reporting period, (c) the persons appointed to the panel, (d) any other matters relating to the exercise of functions by the panel as directed by the Planning Secretary. (7) Legal proceedings by or against a local planning panel are to be taken in the name of the panel and not by or against the members of the panel. (8) A local planning panel may delegate any function of the panel under this or any other Act (other than this power of delegation) to the general manager or other staff of the council. Section 381 of the Local Government Act 1993 does not apply to any such delegation. (9) For the avoidance of doubt, a member of a local planning panel is a public official for the purposes of the Independent Commission Against Corruption Act 1988 . ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1].

Constitution of local planning panels s 2.17: Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4].

Members of local planning panels s 2.18: Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2].

(1) The members of a local planning panel are to be appointed by the relevant council.

(5) If the area of the relevant council is divided into wards, the council is to appoint representatives of the local community for each ward as members of the local planning panel. All those representatives are entitled to attend a meeting of the local planning panel, but only one of them designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel.

(6) The representative so designated by the chairperson for a matter before the panel is to be the representative for the ward that the chairperson considers is most closely associated with that matter.

Functions of local planning panels ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1].

(1) A local planning panel constituted by a council has the following functions— (a) the specified functions of a council as a consent authority under Part 4 that are conferred on it under this Act, (b) to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 3.33 and that is referred to the panel by the council, (c) to advise the council on any other planning or development matter that is to be determined by the council and that is referred to the panel by the council.

Miscellaneous provisions relating to local planning panels ss 2.19, 2.20: Ins 2017 No 60, Sch 2.1 [1].

Miscellaneous div 2.7: Ins 2017 No 60, Sch 2.1 [1]. 2.25 NSW planning portal and other online services and information (cf previous ss 158B, 158C) (1) The Planning Secretary is to establish and facilitate the online delivery of planning services and information (including the NSW planning portal). (2) Schedule 3 contains provisions relating to the NSW planning portal and the online delivery of those services and information. s 2.25: Ins 2017 No 60, Sch 2.1 [1]. 2.26 Obligation of Commission and panels to consult with council about certain decisions (cf previous s 23M) (1) The Independent Planning Commission or a Sydney district or regional planning panel must not exercise a function that will result in the making of a decision that will have, or that might reasonably be expected to have, a significantly adverse financial impact on a council until after it has consulted with the council. (2) This section does not apply to the determination of a development application made by a council. s 2.26: Ins 2017 No 60, Sch 2.1 [1]. 2.27 Obligations of councils to assist Commission and panels (cf previous s 23N) (1) The Independent Planning Commission or a Sydney district or regional planning panel is entitled, on request made to the general manager of a council— (a) to have access to, and to make copies of and take extracts from, records of the council relevant to the exercise of the Commission’s or panel’s functions, and (b) to the use of the staff and facilities of the council in order to exercise the Commission’s or panel’s functions, and (c) to any other assistance or action by the council for the purposes of exercising the Commission’s or panel’s functions. (2) The regulations may make provision with respect to assistance and action under this section. s 2.27: Ins 2017 No 60, Sch 2.1 [1]. 2.28 Exclusion of personal liability (cf previous ss 23(9), 158) A matter or thing done, or omitted to be done, by— (a) the Minister, or (b) the Planning Secretary, or (c) any person employed in the Department of Planning and Environment, or (d) an investigation officer under Part 9, or (e) a member of a panel established by the Minister or the Planning Secretary under this Part, or (f) a member of the Independent Planning Commission, or (g) a member of a Sydney district or regional planning panel, or (h) a member of a local planning panel, or (i) any individual acting under the direction of a person or body referred to above, or (j) any individual acting as the delegate of a person or body referred to above, does not subject the Minister, the Planning Secretary or any such person, officer, member or individual so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of the administration of this Act. s 2.28: Ins 2017 No 60, Sch 2.1 [1]. 2.29 Delegation by public authorities other than councils (cf previous s 153A) (1) In this section, public authority does not include a council. Note. See sections 377–381 of the Local Government Act 1993 in relation to the delegation of functions by councils. (2) A public authority may delegate any function of the public authority under this Act (other than this power of delegation) to a member of staff of the public authority. If the public authority is a chief executive officer, the function may be delegated to any member of staff of the public authority of which he or she is the chief executive officer. (3) A member of staff of a public authority may delegate any function of the member of staff under this Act (other than this power of delegation) to any other member of staff of the public authority. However, if the function is a delegated function, the function cannot be subdelegated unless subdelegation is authorised by the terms of the original delegation. (4) A power conferred by this section is in addition to any other power of delegation of the public authority or member of staff or any power of a person to exercise functions on behalf of the public authority. s 2.29: Ins 2017 No 60, Sch 2.1 [1]. 2.30 Section 381 of Local Government Act 1993 excluded Section 381 of the Local Government Act 1993 does not apply to a delegation under this Act to the general manager or other employee of a council. s 2.30: Ins 2017 No 60, Sch 2.1 [1]. 2.31 Publication of instruments of delegation (1) Any instrument of delegation under this Act by the Minister, the Planning Ministerial Corporation, the Planning Secretary, the Independent Planning Commission, a Sydney district planning panel or a regional planning panel is to be published on the NSW planning portal. (2) Failure to comply with this section does not affect the validity of any such delegation. s 2.31: Ins 2017 No 60, Sch 2.1 [1].

Exclusion of personal liability (cf previous ss 23(9), 158) A matter or thing done, or omitted to be done, by— (a) the Minister, or (b) the Planning Secretary, or (c) any person employed in the Department of Planning and Environment, or (d) an investigation officer under Part 9, or (e) a member of a panel established by the Minister or the Planning Secretary under this Part, or (f) a member of the Independent Planning Commission, or (g) a member of a Sydney district or regional planning panel, or (h) a member of a local planning panel, or (i) any individual acting under the direction of a person or body referred to above, or (j) any individual acting as the delegate of a person or body referred to above, does not subject the Minister, the Planning Secretary or any such person, officer, member or individual so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of the administration of this Act. s 2.28: Ins 2017 No 60, Sch 2.1 [1].

Planning instruments pt 3, hdg: Ins 2017 No 60, Sch 3.2 [1]. pt 3, note: Ins 2017 No 60, Sch 3.2 [1]. Division 3.1 Strategic planning div 3.1, hdg: Ins 2017 No 60, Sch 3.2 [2]. div 3.1 (previously pt 3B): Renumbered 2017 No 60, Sch 3.2 [3]. 3.1 Definitions (cf previous s 75AA) (1) In this Division— district means— (a) a city in the Six Cities Region, or (b) a part of a region declared to be a district under section 3.2(b). district strategic plan means a district strategic plan made under this Division. dwelling means a room or suite of rooms occupied or used or so constructed or adapted to be capable of being occupied or used as a separate domicile. housing target means a target for a district for the number of net additional dwellings required for each local government area in the district for the next 5, 10 and 20 years, and may include a target for development consents to be granted to achieve the net additional dwellings. local strategic planning statement means a local strategic planning statement made under this Division. region means— (a) the Six Cities Region, or (b) any other area declared to be a region under section 3.2(a). regional strategic plan means a regional strategic plan made under this Division. strategic plan means a regional strategic plan or a district strategic plan. (2) For the purposes of this Division, preparing or making a strategic plan or local strategic planning statement includes preparing or making a strategic plan or local strategic planning statement to amend, replace or repeal a strategic plan or local strategic planning statement. s 3.1 (previously s 75AA): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]; 2022 No 8, Sch 4.1[7]; 2023 No 52, Sch 1[5]–[7]. 3.2 Declaration of regions and districts (cf previous s 75AB) The Minister may, by order published on the NSW legislation website, declare— (a) any area of the State (other than the Six Cities Region) to be a region for the purposes of this Division, and (b) any part of the Six Cities Region or other region to be a district for the purposes of this Division. s 3.2 (previously s 75AB): Renumbered 2017 No 60, Sch 3.2 [4]. 3.3 Regional strategic plans—preparation and content (1) The Planning Secretary may, or must if directed to do so by the Minister, prepare a draft regional strategic plan for a region. (2) A draft regional strategic plan must include or identify the following— (a) the basis for strategic planning in the region, having regard to economic, social and environmental matters, (b) a vision statement and objectives consistent with the vision statement, (c) strategies and actions for achieving the objectives, (d) the basis on which the Planning Secretary is to monitor and report on the implementation of the actions, (e) any other matters the Planning Secretary considers relevant to planning for the region. (3) In preparing a draft regional strategic plan, the Planning Secretary must have regard to the following— (a) State environmental planning policies that apply to the region, (b) any other strategic plan that applies to the region, (c) any 20-year State infrastructure strategy, 5-year infrastructure plan or sectoral State infrastructure strategy statement under the Infrastructure NSW Act 2011 , Part 4, (d) the State disaster mitigation plan, to the extent relevant, and any relevant disaster adaptation plan under the NSW Reconstruction Authority Act 2022 , (e) any other relevant government policies and plans in force at the time the draft plan is prepared, (f) any matter the Minister directs the Planning Secretary to have regard to in preparing the draft plan, (g) any other matters the Planning Secretary considers relevant. s 3.3 (previously s 75AC): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2022 No 8, Sch 4.1[8]; 2022 No 80, Sch 5.1[1]. Subst 2023 No 52, Sch 1[8]. 3.4 District strategic plans—preparation and content (1) The Planning Secretary must prepare a draft district strategic plan for each district in the Six Cities Region. (2) The Planning Secretary may, or must if directed to do so by the Minister, prepare a draft district strategic plan for a district in a region outside the Six Cities Region. (3) A draft district strategic plan must include or identify the following— (a) the basis for strategic planning in the district, having regard to economic, social and environmental matters, (b) the planning priorities for the district that are consistent with the objectives, strategies and actions specified in the applicable regional strategic plan, (c) the actions required for achieving the planning priorities, (d) the basis on which the Planning Secretary is to monitor and report on the implementation of the actions, (e) areas of State, regional or district significance, including priority growth areas, (f) any other matters the Planning Secretary considers relevant to planning for the district. (4) The planning priorities referred to in subsection (3)(b)— (a) must include housing targets, if the district is in the Six Cities Region, and (b) may include housing targets, if the district is outside the Six Cities Region. (5) In preparing a draft district strategic plan, the Planning Secretary must have regard to the following— (a) any environmental planning instruments that apply to the district, (b) any other strategic plan that applies to the district or an area adjoining the district, (c) any 20-year State infrastructure strategy, 5-year infrastructure plan or sectoral State infrastructure strategy statement under the Infrastructure NSW Act 2011 , Part 4, (d) the State disaster mitigation plan, to the extent relevant, and any relevant disaster adaptation plan under the NSW Reconstruction Authority Act 2022 , (e) any other relevant government policies and plans in force at the time the draft plan is prepared, (f) any matter the Minister directs the Planning Secretary to have regard to in preparing the draft plan, (g) any other matters the Planning Secretary considers relevant. (6) If there is no regional strategic plan for a part of the district, the draft district strategic plan may identify for that part of the district matters that may be identified in a regional strategic plan, until there is a regional strategic plan. (7) This section does not prevent— (a) the Planning Secretary from issuing housing targets for a district before a draft district strategic plan is publicly exhibited, or (b) changes being made to the housing targets before the district strategic plan is made under section 3.6 or 3.6A. s 3.4 (previously s 75AD): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2022 No 8, Sch 4.1[8]–[10]; 2022 No 80, Sch 5.1[2]. Subst 2023 No 52, Sch 1[8]. 3.5 Making of regional strategic plans (1) The Planning Secretary may, or must if directed to do so by the Minister, submit a draft regional strategic plan for a region to the Minister. (2) The Minister may— (a) make a regional strategic plan in the form in which it is submitted or with the modifications the Minister considers appropriate, or (b) decide not to make the draft regional strategic plan. (3) The document entitled Greater Sydney Region Plan—A Metropolis of Three Cities continues to be taken to be the regional strategic plan made under this division for the Six Cities Region, but has effect only in relation to the designated Sydney districts. (4) As soon as practicable after 1 January 2024, the Planning Secretary must— (a) review the regional strategic plan referred to in subsection (3), and (b) submit a draft regional strategic plan that applies to the whole of the Six Cities Region to the Minister. (5) The Planning Secretary must review a regional strategic plan for the Six Cities Region, other than the regional strategic plan referred to in subsection (3), every 5 years after it is made by the Minister. (6) The Planning Secretary must review a regional strategic plan for a region outside the Six Cities Region as directed by the Minister. (7) A failure to comply with a provision of this section does not affect the validity of a regional strategic plan, including the continuing validity of an existing regional strategic plan. s 3.5 (previously s 75AE): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [2]; 2022 No 8, Sch 4.1[11] [12]. Subst 2023 No 52, Sch 1[8]. 3.6 Making of district strategic plans for districts in Six Cities Region (1) The Planning Secretary may make a district strategic plan for a district in the Six Cities Region. (2) The Planning Secretary must review a district strategic plan for a district in the Six Cities Region every 5 years. s 3.6 (previously s 75AFI): Renumbered 2017 No 60, Sch 3.2 [4]. Subst 2023 No 52, Sch 1[8]. 3.6A Making of district strategic plans for districts outside Six Cities Region (1) The Planning Secretary may, or must if directed to do so by the Minister, submit a draft district strategic plan for a district outside the Six Cities Region to the Minister. (2) The Minister may— (a) make a district strategic plan in the form in which it is submitted or with the modifications the Minister considers appropriate, or (b) decide not to make the draft district strategic plan. s 3.6A: Ins 2023 No 52, Sch 1[8]. 3.7 Publication and commencement of strategic plans (cf previous s 75AG) A strategic plan— (a) must be published on the NSW planning portal, and (b) commences on the date of publication or a later date specified in the plan. s 3.7 (previously s 75AG): Renumbered 2017 No 60, Sch 3.2 [4]. 3.8 Implementation of strategic plans (cf previous s 75AI) (1) In preparing a draft district strategic plan, the Planning Secretary is to give effect to any regional strategic plan applying to the region in respect of which the district is part. (2) In preparing a planning proposal under section 3.33, the planning proposal authority is to give effect— (a) to any district strategic plan applying to the local government area to which the planning proposal relates (including any adjoining local government area), or (b) if there is no district strategic plan applying to the local government area—to any regional strategic plan applying to the region in respect of which the local government area is part. (3) As soon as practicable after a district strategic plan is made, the council for each local government area in the district to which the plan applies must review the local environmental plans for the area and prepare such planning proposals under section 3.33 as are necessary to give effect to the district strategic plan. (4) In addition to the requirement under subsection (3), the council for each local government area in the Six Cities Region must, on the making of a district strategic plan that applies to that area, report to the Planning Secretary— (a) on the review by the council of the local environmental plans for the area, and (b) on the preparation of planning proposals under section 3.33 to give effect to the district strategic plan. s 3.8 (previously s 75AI): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[9] [10]. 3.9 Local strategic planning statements of councils (1) The council of an area must prepare and make a local strategic planning statement and review the statement at least every 7 years. (2) The statement must include or identify the following— (a) the basis for strategic planning in the area, having regard to economic, social and environmental matters, (b) the planning priorities for the area that are consistent with any strategic plan applying to the area and (subject to any such strategic plan) any applicable community strategic plan under section 402 of the Local Government Act 1993 , (c) the actions required for achieving those planning priorities, (d) the basis on which the council is to monitor and report on the implementation of those actions. (3) The statement for an area that is divided into wards may deal separately with each ward. In that case, the councillors of a ward are to be given a reasonable opportunity to participate in the preparation of the provisions of the statement that deal with the ward and those provisions are required to be— (a) endorsed by those councillors as being consistent with the strategic plans referred to in subsection (2)(b) as they relate to the ward, or (b) if not so endorsed by those councillors—so endorsed at the request of the council by the Planning Secretary. However, the Minister may direct that the endorsement of those provisions is not required in specified circumstances (for example, because of the small number of persons living in the ward). (3A) The council for an area that is in the Six Cities Region must not make a local strategic planning statement unless the Planning Secretary has advised the council in writing that the Planning Secretary supports the statement as being consistent with the applicable regional and district strategic plans. (4) The Planning Secretary may issue requirements with respect to the preparation and making of local strategic planning statements (including requirements with respect to the participation of councillors of a ward). (5) A local strategic planning statement must be published on the NSW planning portal. Note. See section 3.33(2) in relation to the requirement for the planning proposal for a proposed local environmental plan to address whether the proposal will give effect to the local strategic planning statement. s 3.9: Ins 2017 No 60, Sch 3.1 [21]. Am 2018 No 66, Sch 1 [3] [4]; 2023 No 52, Sch 1[11]–[13]. 3.10 Dispensing with conditions precedent to making strategic plans (cf previous s 75AJ) (1) For the purposes of doing any one or more of the following, a strategic plan may be made without compliance with the conditions precedent under this Act to the making of strategic plans— (a) to correct an obvious error or misdescription, (b) to make changes that will not have any significant adverse impact on the environment or adjoining land, (c) to make provision for matters that are, in the opinion of the Minister, of State or regional significance or of significance to a district (but only if the proposed plan has been publicly exhibited for the period determined by the Minister). (2) The publication of a strategic plan made in reliance on subsection (1) is to contain a statement that it is so made. s 3.10 (previously s 75AJ): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [8]. 3.11 Legal proceedings relating to strategic planning (cf previous s 75AK) (1) In this section— legal proceedings means proceedings for an order under Division 9.5 or any other kind of legal proceedings (other than criminal proceedings). (2) Legal proceedings (other than those instituted by or with the approval of the Minister) in relation to the validity of a strategic plan or local strategic planning statement cannot be instituted after the period of 3 months following the publication of the strategic plan or local strategic planning statement on the NSW planning portal. (3) The only requirement of or made under this Act in relation to a strategic plan or local strategic planning statement is the requirement to publicly exhibit the draft plan or statement. (4) Nothing in this Division prevents a local environmental plan from being made or invalidates the plan once it is made. (5) This section applies despite any other provision of this Act or any other Act or law. s 3.11 (previously s 75AK): Renumbered 2017 No 60, Sch 3.2 [4]. 3.12 Regulations relating to strategic planning (cf previous s 75AL) The regulations may make provision for or with respect to the following— (a) the review of strategic plans or local strategic planning statements, (b) the functions of the Planning Secretary under this division, (c) the form and content of strategic plans or local strategic planning statements (including the standardisation of the provisions of strategic plans or local strategic planning statements), (d) requirements for the submission of reports and documents relating to the preparation and review of strategic plans or local strategic planning statements, (e) (f) any other matter relating to the strategic planning framework under this Division (including, without limitation, the preparation, making and online delivery of strategic plans or local strategic planning statements). s 3.12 (previously s 75AL): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[14]. Division 3.2 Environmental planning instruments—general div 3.2, hdg (previously pt 3, Div 1, heading): Renumbered 2017 No 60, Sch 3.2 [6]. 3.13 Making of environmental planning instruments (cf previous s 24) (1) Without affecting the generality of any other provisions of this Act, an environmental planning instrument may be made in accordance with this Part for the purposes of achieving any of the objects of this Act. (2) Environmental planning instruments may be made— (a) under Division 3.3 (called a State environmental planning policy or SEPP), or (b) under Division 3.4 (called a local environmental plan or LEP). ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.14 Contents of environmental planning instruments (cf previous s 26) (1) Without affecting the generality of section 3.13 or any other provision of this Act, an environmental planning instrument may make provision for or with respect to any of the following— (a) protecting, improving or utilising, to the best advantage, the environment, (b) controlling (whether by the imposing of development standards or otherwise) development, (c) reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993 , a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974 , a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section, (d) providing, maintaining and retaining, and regulating any matter relating to, affordable housing, (e) protecting or preserving trees or vegetation, (e1) protecting and conserving native animals and plants, including threatened species and ecological communities, and their habitats, (f) controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e), (g) controlling advertising, (h) such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act. (1A)–(3) (3A) An environmental planning instrument may make provision for any zoning of land or other provision to have effect only for a specified period or only in specified circumstances. (4) An environmental planning instrument that makes provision for or with respect to protecting or preserving trees or other vegetation may make provision— (a) for authorising the council (or other person or body) to determine the trees or other vegetation included in or excluded from the relevant provisions, and (b) for requiring a permit, approval or other authorisation to remove or otherwise affect trees or other vegetation that is granted by the council (or other person or body), and (c) for an appeal to the Court against a refusal to grant any such permit, approval or other authorisation. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.15 Owner-initiated acquisition of land reserved for public purposes (cf previous s 27) (1) An environmental planning instrument that reserves land for use exclusively for a purpose referred to in section 3.14(1)(c) must specify an authority of the State that will be the relevant authority to acquire the land if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 . (2) Section 21 of the Land Acquisition (Just Terms Compensation) Act 1991 applies for the purposes of determining whether an environmental planning instrument reserves land for use exclusively for a purpose referred to in section 3.14(1)(c). (3) An environmental planning instrument (whenever made) is not to be construed as requiring an authority of the State to acquire land, except as required by Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 . (4) Subsection (3) applies despite— (a) any provision of an environmental planning instrument (whenever made) to the contrary, or (b) the service of a notice to acquire the land on an authority of the State on or after the day on which notice was given in Parliament for leave to introduce the Bill for the Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 . ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.16 Suspension of laws etc by environmental planning instruments (cf previous s 28) (1) In this section, regulatory instrument means any Act (other than this Act), rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made. (2) For the purpose of enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act, an environmental planning instrument may provide that, to the extent necessary to serve that purpose, a regulatory instrument specified in that environmental planning instrument shall not apply to any such development or shall apply subject to the modifications specified in that environmental planning instrument. (3) A provision referred to in subsection (2) shall have effect according to its tenor, but only if the Governor has, before the making of the environmental planning instrument, approved of the provision. (4) Where a Minister is responsible for the administration of a regulatory instrument referred to in subsection (2), the approval of the Governor for the purposes of subsection (3) shall not be recommended except with the prior concurrence in writing of that Minister. (5) A declaration in the environmental planning instrument as to the approval of the Governor as referred to in subsection (3) or the concurrence of a Minister as referred to in subsection (4) shall be prima facie evidence of the approval or concurrence. (6) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900 . ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.17 Designated development: declaration by environmental planning instruments (cf previous s 29) An environmental planning instrument may contain provisions declaring any class or description of development (whether by reference to the type, purpose or location of development or otherwise) to be designated development for the purposes of this Act. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.18 Consents and concurrences (cf previous s 30) (1) Without limiting the generality of section 3.14(1)(b), an environmental planning instrument may provide that development specified therein— (a) may be carried out without the necessity for consent under this Act being obtained therefor, or (b) may not be carried out except with consent under this Act being obtained therefor. (2) Where provision is made in accordance with subsection (1)(b), the instrument may provide that a development application in respect of development specified in the instrument shall not be determined by the granting of consent under this Act, except with the concurrence of such Minister or public authority as is specified in the instrument to the carrying out of the development. (3) An environmental planning instrument which makes provision in accordance with subsection (2) shall state the matters which shall be taken into consideration in deciding whether concurrence should be granted. (4), (5) ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.19 Prohibitions (cf previous s 31) Without limiting the generality of section 3.14(1)(b), an environmental planning instrument may provide that development specified therein is prohibited. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.20 Standardisation of environmental planning instruments (cf previous s 33A) (1) The Governor may, by order published on the NSW legislation website, prescribe the standard form and content of local environmental plans or other environmental planning instruments (a standard instrument ). (2) An environmental planning instrument may be made in the form of— (a) a declaration that the applicable mandatory provisions of a standard instrument are adopted, and (b) the prescription of the matters required to be prescribed for the purposes of the application of the mandatory provisions of the standard instrument (such as the adoption of land zoning or other maps), and (c) the prescription of any other matters permitted to be prescribed by an environmental planning instrument, including non-mandatory provisions of the standard instrument (with or without modification) or additional provisions. (3) When an environmental planning instrument is made with such a declaration, the instrument has the form and content of the applicable mandatory provisions of the standard instrument and the matters so prescribed. (4) If the mandatory provisions of a standard instrument so adopted are amended by a further order under subsection (1) or by an Act after they are adopted, the environmental planning instrument is taken (without further amendment) to adopt the amended provisions of the standard instrument on and from the date the amendment to the standard instrument takes effect. (5) The order that amends a standard instrument may make provision of a savings or transitional nature consequent on the amendment of the standard instrument. (6) Where a standard instrument has been adopted, the provisions of the environmental planning instrument (other than the mandatory provisions of the adopted standard instrument) may be amended from time to time by another environmental planning instrument or in accordance with any Act. (7) A standard instrument may— (a) provide that a provision is a mandatory provision only in the circumstances specified in the instrument, and (b) contain requirements or guidance as to the form or content of a non-mandatory provision. (8) The adoption of the provisions of a standard instrument in an environmental planning instrument is taken to be a matter of State environmental planning significance for the purposes of this Act. (8A) An environmental planning instrument may be made under this Part without compliance with the provisions of this Act relating to the conditions precedent to the making of the instrument if— (a) the instrument adopts the provisions of a standard instrument for the purposes of replacing instruments that apply to the land concerned (being existing instruments that do not adopt the provisions of a standard instrument), and (b) the Minister is of the opinion that the replacement instrument does not make any substantial changes to the general effect of the existing instrument or instruments. (9) Subject to this Act and the regulations, the form and subject-matter of an environmental planning instrument is (if there is no applicable standard instrument) to be as determined by the Minister. (10) In this section— form includes structure. s 3.20 (previously s 33A): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [9]. 3.21 Review of environmental planning instruments (cf previous s 73) (1) The Planning Secretary shall keep State environmental planning policies and councils shall keep their local environmental plans and development control plans under regular and periodic review for the purpose of ensuring that the objects of this Act are, having regard to such changing circumstances as may be relevant, achieved to the maximum extent possible. (2) Every 5 years following such a review, the Planning Secretary is to determine whether relevant State environmental planning policies should be updated and a council is to determine whether relevant local environmental plans should be updated. s 3.21 (previously s 73): Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [5]. 3.22 Expedited amendments of environmental planning instruments (cf previous s 73A) (1) An amending environmental planning instrument may be made under this Part without compliance with the provisions of this Act relating to the conditions precedent to the making of the instrument if the instrument, if made, would amend or repeal a provision of a principal instrument in order to do any one or more of the following— (a) correct an obvious error in the principal instrument consisting of a misdescription, the inconsistent numbering of provisions, a wrong cross-reference, a spelling error, a grammatical mistake, the insertion of obviously missing words, the removal of obviously unnecessary words or a formatting error, (b) address matters in the principal instrument that are of a consequential, transitional, machinery or other minor nature, (c) deal with matters that the Minister considers do not warrant compliance with the conditions precedent for the making of the instrument because they will not have any significant adverse impact on the environment or adjoining land, (c1) deal with matters the NSW Reconstruction Authority considers necessary to give effect to the NSW Reconstruction Authority Act 2022 . (2) A reference in this section to an amendment of an instrument includes a reference to the amendment or replacement of a map adopted by an instrument. (2A) For the purposes of subsection (1)(c1), the Minister may direct that the NSW Reconstruction Authority is— (a) the planning proposal authority for this Part, or (b) a local plan-making authority for section 3.31. (2B) For subsection (2A), the Minister’s direction may provide that the NSW Reconstruction Authority must exercise the functions of a planning proposal authority or local plan-making authority— (a) for a particular period or for particular stages of development, or (b) only in relation to certain matters. s 3.22 (previously s 73A): Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [10]; 2018 No 66, Sch 1 [5]; 2022 No 80, Sch 5.1[3] [4]. 3.23 Public access to environmental planning instruments and related documents (cf previous s 33C) For the purpose of facilitating electronic or other public access to environmental planning instruments and any development control plans, contributions plans or other documents under this Act— (a) the Minister may determine standard technical requirements with respect to the preparation of those instruments, plans or other documents and of the maps or other documents that are referred to in (or adopted under) them, and (b) a council is to provide the Planning Secretary, when requested, with copies and electronic files (in a specified format) of any such instruments, plans, maps or other documents prepared or held by the council. s 3.23 (previously s 33C): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.24 Publication, amendment and repeal of environmental planning instruments (cf previous s 34) (1)–(4) (5) An environmental planning instrument shall— (a) be published on the NSW legislation website, and (b) commence on and from the date of publication or a later date specified in the instrument. (5A) Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument. (5B) Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published on the NSW legislation website after the day on which one or more of its provisions is expressed to commence. In that case, the provisions concerned commence on and from the day the instrument is published on the NSW legislation website, instead of on and from the earlier day. (6)–(8) (9) An environmental planning instrument shall be deemed to have been published on the NSW legislation website notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published. (10) (11) An environmental planning instrument may be amended or repealed by a subsequent environmental planning instrument, whether of the same or a different type. Note. An environmental planning instrument is an instrument for the purposes of the Interpretation Act 1987 , and accordingly standard provisions under that Act applying to statutory instruments apply to environmental planning instruments. s 3.24 (previously s 34): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [11]. 3.25 Special consultation procedures concerning threatened species (cf previous s 34A) (1) In this section, the relevant authority means— (a) in the case of a proposed SEPP—the Planning Secretary, or (b) in the case of a proposed LEP—the relevant planning authority. (2) Before an environmental planning instrument is made, the relevant authority must consult with the Chief Executive of the Office of Environment and Heritage if, in the opinion of the relevant authority, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be adversely affected by the proposed instrument. (3) For the purposes of the consultation, the relevant authority is to provide such information about the proposed instrument as would assist in understanding its effect (including information of the kind prescribed by the regulations). (4) The consultation in relation to a proposed local environmental plan is to commence after a decision under section 3.34 (Gateway determination) that the matter should proceed, unless the regulations otherwise provide. (5) The Chief Executive of the Office of Environment and Heritage may comment to the relevant authority on the proposed instrument within the following period after the consultation commences— (a) the period agreed between the Chief Executive and the relevant authority, (b) in the absence of any such agreement, the period of 21 days or such other period as is prescribed by the regulations. (6) The consultation required by this section is completed when the relevant authority has considered any comments so made. (7) In this section, a reference to the Chief Executive of the Office of Environment and Heritage includes, in the application of this section to fish and marine vegetation, a reference to the Secretary of the Department of Industry, Skills and Regional Development. s 3.25 (previously s 34A): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.26 Special provision for development in Sydney water catchment relating to water quality (cf previous s 34B) (1) In this section, Sydney drinking water catchment means a declared catchment area (within the meaning of the Water NSW Act 2014 ) that is declared by a State environmental planning policy to be the Sydney drinking water catchment. (2) Provision is to be made in a State Environmental Planning Policy requiring a consent authority to refuse to grant consent to a development application relating to any part of the Sydney drinking water catchment unless the consent authority is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on the quality of water. (2A) A State environmental planning policy that requires proposed development to have a neutral or beneficial effect on the quality of water may deal with the application of that test in the case of proposed development that extends or expands existing development. (3) (4) The Minister is not to recommend the making of a State Environmental Planning Policy that relates to the declaration of the Sydney drinking water catchment unless— (a) the Minister administering the Water NSW Act 2014 approves of the declaration, and (b) the Minister administering the Protection of the Environment Operations Act 1997 has been consulted about the declaration. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4]. 3.27 Validity of instruments (cf previous s 35) The validity of an environmental planning instrument shall not be questioned in any legal proceedings except those commenced in the Court by any person within 3 months of the date of its publication on the NSW legislation website. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4]. 3.28 Inconsistency between instruments (cf previous s 36) (1) In the event of an inconsistency between environmental planning instruments and unless otherwise provided— (a) there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and (b) (c) the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind. (2), (3) (4) Nothing in this section prevents an environmental planning instrument from being expressly amended by a later environmental planning instrument, of the same or a different kind, to provide for the way in which an inconsistency between them is to be resolved. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4]. Division 3.3 Environmental planning instruments—SEPPs div 3.3, hdg: Ins 2017 No 60, Sch 3.2 [7]. 3.29 Governor may make environmental planning instruments (SEPPs) (cf previous s 37) (1) The Governor may make environmental planning instruments for the purpose of environmental planning by the State. Any such instrument may be called a State environmental planning policy (or SEPP). (2) Without limiting subsection (1), an environmental planning instrument may be made by the Governor to make provision with respect to any matter that, in the opinion of the Minister, is of State or regional environmental planning significance or of environmental planning significance to a district within the meaning of Division 3.1. s 3.29 (previously s 37): Renumbered 2017 No 60, Sch 3.2 [4]. 3.30 Consultation requirements (cf previous s 38) (1) Before recommending the making of an environmental planning instrument by the Governor, the Minister is to take such steps, if any, as the Minister considers appropriate or necessary— (a) to publicise an explanation of the intended effect of the proposed instrument, and (b) to seek and consider submissions from the public on the matter. (2) Note. See also section 3.25. s 3.30 (previously s 38): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [6]; 2023 No 52, Sch 1[15]. Division 3.4 Environmental planning instruments—LEPs div 3.4, hdg: Ins 2017 No 60, Sch 3.2 [10]. 3.31 Making of environmental planning instruments for local areas (LEPs) (cf previous ss 53, 53A) (1) A local plan-making authority may make environmental planning instruments for the purpose of environmental planning— (a) in each local government area, and (b) in such other areas of the State (including the coastal waters of the State) as the local plan-making authority determines. (2) Any such instrument may be called a local environmental plan (or LEP). (3) For the purposes of this Division, the following are local plan-making authorities — (a) the Minister, (b) a council for its local government area if the gateway determination under this Division authorises the council to make the local environmental plan concerned. s 3.31: Ins 2017 No 60, Sch 3.1 [3]. Am 2018 No 66, Sch 1 [7]. 3.32 Planning proposal authority (cf previous s 54) (1) For the purposes of this Division, the planning proposal authority in respect of a proposed instrument is as follows— (a) the council for the local government area to which the proposed instrument is to apply, subject to paragraph (b), (b) if so directed under subsection (2)—the Planning Secretary, a Sydney district or regional planning panel or any other person or body prescribed by the regulations. (2) The Minister may direct that the Planning Secretary (or any such panel, person or body) is the planning proposal authority for a proposed instrument in any of the following cases— (a) the proposed instrument relates to a matter that, in the opinion of the Minister, is of State or regional environmental planning significance or of environmental planning significance to a district under Division 3.1, (b) the proposed instrument makes provision that, in the opinion of the Minister, is consequential on the making of another environmental planning instrument or is consequential on changes made to a standard instrument under section 3.20, (c) the Planning Secretary, the Independent Planning Commission or a Sydney district or regional planning panel has recommended that the proposed instrument should be submitted for a determination under section 3.34 (Gateway determination) or that the proposed instrument should be made, (d) the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed instrument or has not carried out those obligations in a satisfactory manner, (e) the proposed instrument is to apply to an area that is not within a local government area. (3) A planning proposal authority that is requested by the owner of any land to exercise its functions under this Division in relation to the land may, as a condition of doing so, require the owner to carry out studies or provide other information concerning the proposal or to pay the costs of the authority in accordance with the regulations. (4) The Minister may, in a direction under this section, require a council to provide studies or other information in its possession relating to the proposed instrument to the person or body specified in the direction as the planning proposal authority for the proposed instrument. (5) Two or more relevant local authorities may together exercise the functions under this Division of a planning proposal authority in connection with the making of a single principal or amending instrument in relation to the whole of their combined areas. (6) A reference in this section to a local government area includes a reference to an adjoining area that is not within a local government area and that is designated as part of that local government area for the purposes of this Division by a Ministerial planning order. s 3.32: Ins 2017 No 60, Sch 3.1 [4]. Am 2018 No 25, Sch 4 [12]; 2018 No 66, Sch 1 [5] [8] [9]. 3.33 Planning proposal authority to prepare explanation of and justification for proposed instrument—the planning proposal (cf previous s 55) (1) Before an environmental planning instrument is made under this Division, the planning proposal authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal ). (2) The planning proposal is to include the following— (a) a statement of the objectives or intended outcomes of the proposed instrument, (b) an explanation of the provisions that are to be included in the proposed instrument, (c) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will give effect to the local strategic planning statement of the council of the area and will comply with relevant directions under section 9.1), (d) if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument, (e) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument. (3) The Planning Secretary may issue requirements with respect to the preparation of a planning proposal. s 3.33 (previously s 55): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.34 Gateway determination (cf previous s 56) (1) After preparing a planning proposal, the planning proposal authority may forward it to the Minister. (2) After a review of the planning proposal, the Minister is to determine the following— (a) whether the matter should proceed (with or without variation), (b) whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal), (c) the minimum period of public exhibition of the planning proposal (or a determination that no such public exhibition is required because of the minor nature of the proposal), Note. Under Schedule 1, the mandatory period of public exhibition is 28 days if a determination is not made under paragraph (c). (d) any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument, (e) whether a public hearing is to be held into the matter by the Independent Planning Commission or other specified person or body, (f) the times within which the various stages of the procedure for the making of the proposed instrument are to be completed, (g) if the planning proposal authority is a council—whether the council is authorised to make the proposed instrument and any conditions the council is required to comply with before the instrument is made. (3) A determination of the community consultation requirements includes a determination under section 3.22 (or other provision of this Act) that the matter does not require community consultation. (3A), (3B) (4) The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category. (5) The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Independent Planning Commission or a Sydney district or regional planning panel— (a) if there has been any delay in the matter being finalised, or (b) if for any other reason the Minister considers it appropriate to do so. (6) The planning proposal authority may, at any time, forward a revised planning proposal to the Minister. (7) The Minister may, at any time, alter a determination made under this section. (8) A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under Schedule 1, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that Schedule. s 3.34 (previously s 56): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [13]; 2018 No 66, Sch 1 [5] [10] [11]; 2023 No 52, Sch 1[16]. 3.35 Planning proposal authority may vary proposals or not proceed (cf previous s 58) (1) The planning proposal authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason. (2) If it does so, the planning proposal authority is to forward a revised planning proposal to the Minister. (3) Further community consultation under Schedule 1 is not required unless the Minister so directs in a revised determination under section 3.34. (4) The planning proposal authority may also, at any time, request the Minister to determine that the matter not proceed. s 3.35 (previously s 58): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [14]; 2018 No 66, Sch 1 [5] [10]. 3.36 Making of local environmental plan by local plan-making authority (cf previous s 59) (1) The Planning Secretary is to make arrangements for the drafting of any required local environmental plan to give effect to the final proposals of the planning proposal authority. The Planning Secretary is to consult the planning proposal authority, in accordance with the regulations, on the terms of any such draft instrument. (2) The local plan-making authority may, following completion of community consultation— (a) make a local environmental plan (with or without variation of the proposals submitted by the planning proposal authority) in the terms the local plan-making authority considers appropriate, or (b) decide not to make the proposed local environmental plan. (3) The local plan-making authority may defer the inclusion of a matter in a proposed local environmental plan. (4) If the local plan-making authority does not make the proposed local environmental plan or defers the inclusion of a matter in a proposed local environmental plan, the local plan-making authority may specify which procedures under this Division the planning proposal authority must comply with before the matter is reconsidered by the local plan-making authority. ss 3.36, 3.37 (previously ss 59, 60): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.37 Regulations (cf previous s 60) The regulations may make further provision with respect to the making of environmental planning instruments under this Division, including— (a) requirements with respect to consultation about proposed instruments by a planning proposal authority with particular persons or bodies, and (b) requirements with respect to planning proposals and the submission of other related reports and documents, and (c) requirements with respect to advertising in connection with community consultation on proposed instruments, and (d) provisions relating to consultation by the Planning Secretary with relevant planning authorities and others on the drafting of proposed instruments, and (e) requirements for concurrence of public authorities in relation to the reservation of land for a purpose referred to in section 3.14(1)(c). Note. The Interpretation Act 1987 applies to environmental planning instruments. ss 3.36, 3.37 (previously ss 59, 60): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Division 3.5 Planning instrument amendments and development applications div 3.5, hdg: Ins 2017 No 60, Sch 3.2 [11]. 3.38 Application of Division (cf previous s 72I) (1) This Division applies if a development application is made to a consent authority for consent to carry out development that may only be carried out if an environmental planning instrument applying to the land on which the development is proposed to be carried out is appropriately amended. (2) (3) A reference in this Division to the appropriate amendment of an environmental planning instrument includes a reference to the making of an appropriate principal environmental planning instrument. ss 3.38–3.40 (previously ss 72I–72K): Renumbered 2017 No 60, Sch 3.2 [4]. 3.39 Making and consideration of certain development applications (cf previous s 72J) Nothing in this Act prevents— (a) the making of a development application to a consent authority for consent to carry out development that may only be carried out if an environmental planning instrument applying to the land on which the development is proposed to be carried out is appropriately amended, or (b) the consideration by a consent authority of such a development application, subject to this Division. ss 3.38–3.40 (previously ss 72I–72K): Renumbered 2017 No 60, Sch 3.2 [4]. 3.40 Joint exhibition of instrument and advertising of application (cf previous s 72K) (1) Public notice that is required to be given under this Act in connection with the making of a proposed environmental planning instrument and notice that is required to be given under this Act of a development application in circumstances where this Division applies are to be given by the same notice if that is practicable or, if that is not practicable, as closely together as is practicable. (2) The period during which the public may inspect the documents relating to the proposed environmental planning instrument and the development application the subject of the same notice, if those periods are different, is to be the longer of them. (3) If the proposed environmental planning instrument makes the development the subject of the development application State significant development or designated development, the period for public inspection of the development application that is to be relevant in determining the period for public inspection under subsection (2) is the period relevant to the inspection of a development application for State significant development or designated development. ss 3.38–3.40 (previously ss 72I–72K): Renumbered 2017 No 60, Sch 3.2 [4]. Division 3.6 Development control plans (DCPs) div 3.6, hdg: Ins 2017 No 60, Sch 3.2 [14]. 3.41 Definition (DCPs) (cf previous s 74B) (1) In this Division— relevant planning authority , in relation to any matter, means the council of the area to which the matter relates or the Planning Secretary. However, the council is not the relevant planning authority in relation to a SEPP and the Planning Secretary is not the relevant planning authority in relation to a LEP for which a council is the planning proposal authority under Division 3.4. (2) A reference in this Division to an environmental planning instrument includes a reference to any such proposed instrument. s 3.41 (previously s 74B): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.42 Purpose and status of development control plans (cf previous s 74BA) (1) The principal purpose of a development control plan is to provide guidance on the following matters to the persons proposing to carry out development to which this Part applies and to the consent authority for any such development— (a) giving effect to the aims of any environmental planning instrument that applies to the development, (b) facilitating development that is permissible under any such instrument, (c) achieving the objectives of land zones under any such instrument. The provisions of a development control plan made for that purpose are not statutory requirements. (2) The other purpose of a development control plan is to make provisions of the kind referred to in section 3.43(1)(b)–(e). (3) Subsection (1) does not affect any requirement under Division 4.5 in relation to complying development. ss 3.42, 3.43 (previously ss 74BA, 74C): Renumbered 2017 No 60, Sch 3.2 [4]. 3.43 Preparation of development control plans (cf previous s 74C) (1) The relevant planning authority may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable— (a) to provide the guidance referred to in section 3.42(1), or (b) (c) to provide for (or exclude) public or particular advertising or notification of any of the following— (i) a development application for specified development (other than State significant development or designated development), (ii) a request for the review of a determination of a development application where the applicant for review makes amendments to the development described in the original development application, (iii) an application for the modification of a development consent for specified development (but not State significant development or designated development), or (iv) (d) in the case of a council—to specify criteria (in addition to but not inconsistent with any criteria prescribed by the regulations) that the council is to take into consideration in determining whether or not to give a development control order, or (e) to make provision for anything permitted by this Act to be prescribed by a development control plan. Note. See for example section 3.14(4)(a). (2) Only one development control plan made by the same relevant planning authority may apply in respect of the same land. This subsection does not apply to— (a) a plan prepared for the purposes of subsection (1)(d) or for any other purpose prescribed by the regulations, or (b) a plan prepared for the purpose of amending an existing plan. If this subsection is not complied with, all the development control plans concerned have no effect. Note. A planning authority may prepare one development control plan for the whole of its area or one plan for each precinct or locality in its area, or prepare one plan for a site (and exclude that site from the area to which other plans apply). (3) A development control plan may adopt by reference the provisions of another development control plan. (4) A development control plan may amend, substitute or revoke another development control plan. (5) A provision of a development control plan (whenever made) has no effect to the extent that— (a) it is the same or substantially the same as a provision of an environmental planning instrument applying to the same land, or (b) it is inconsistent or incompatible with a provision of any such instrument. ss 3.42, 3.43 (previously ss 74BA, 74C): Renumbered 2017 No 60, Sch 3.2 [4]. 3.44 Development control plans required or authorised by environmental planning instruments (cf previous s 74D) (1) An environmental planning instrument may require or permit a development control plan to be prepared before any particular development or kind of development may be carried out (and make provision with respect to the preparation and content of any such plan). (2) Any such development control plan may outline the development of all the land to which it applies. (3) Any such development control plan may be prepared (and submitted to the relevant planning authority) by the owners of the land to which it applies or by such percentage of those owners as the environmental planning instrument concerned allows. A person authorised by those owners may act on their behalf for the purposes of this subsection. (4) The relevant planning authority may make a development control plan submitted to it under this section, including with such changes as it thinks fit. (5) If the relevant planning authority refuses to make a development control plan submitted to it under this section (or delays by more than 60 days to make a decision on whether to make the plan)— (a) the owners may make a development application despite the requirement of the environmental planning instrument concerned for the preparation of a development control plan, or (b) the Minister may act in the place of the relevant planning authority to make the plan (with or without modification), but only if the environmental planning instrument concerned authorises the Minister to do so. (6) The regulations may extend the period of 60 days referred to in subsection (5) in connection with any failure by the owners to provide further information required by the relevant planning authority for the purposes of making the plan. Note. Section 4.23 provides that a concept development application may be made for development requiring consent under Part 4 as an alternative to a development control plan required by an environmental planning instrument. s 3.44 (previously s 74D): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [12]. 3.45 Miscellaneous provisions relating to development control plans (cf previous s 74E) (1) The regulations may make provision for or with respect to development control plans, including— (a) the form, structure and subject-matter of development control plans, and (b) the procedures for the preparation, public exhibition, making, amendment and repeal of development control plans, and (c) the fees payable to the relevant planning authority by owners submitting draft development control plans under section 3.44. (2) (2A) Regulations relating to the form, structure and subject-matter of development control plans may require the standardisation of those plans and, for that purpose, authorise the Minister to publish requirements as to their form, structure and subject-matter that are to be complied with by relevant planning authorities. (3) An environmental planning instrument may exclude or modify the application of development control plans in respect of land to which the instrument applies (whether the plan was prepared before or after the making of the instrument). (4) A development control plan must be available for public inspection (without charge)— (a) at the principal office of the relevant planning authority that prepared the plan, and (b) in such other manner as is prescribed by the regulations. s 3.45 (previously s 74E): Renumbered 2017 No 60, Sch 3.2 [4]. 3.46 Minister may direct councils with respect to development control plans (cf previous s 74F) (1) The Minister may, subject to the regulations (if any), direct a council to make, amend or revoke a development control plan in the time and manner specified in the direction. (2) A council to which a direction is given under this section must comply with the direction in accordance with its terms. (3) If a council fails to comply with a direction of the Minister under this section, the Minister may make, amend or revoke the development control plan as if the Minister were the council. (4) A development control plan made, amended or revoked by the Minister under this section has effect, or ceases to have effect as the case may be, as if it were made, amended or revoked by the council. (5) The Minister in making, amending or revoking a development control plan under this section is not subject to the regulations. (6) Section 3.43(2) does not apply to development control plan made by or at the direction of the Minister under this section. s 3.46 (previously s 74F): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [9] [13].

Environmental planning instruments—general div 3.2, hdg (previously pt 3, Div 1, heading): Renumbered 2017 No 60, Sch 3.2 [6]. 3.13 Making of environmental planning instruments (cf previous s 24) (1) Without affecting the generality of any other provisions of this Act, an environmental planning instrument may be made in accordance with this Part for the purposes of achieving any of the objects of this Act. (2) Environmental planning instruments may be made— (a) under Division 3.3 (called a State environmental planning policy or SEPP), or (b) under Division 3.4 (called a local environmental plan or LEP). ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.14 Contents of environmental planning instruments (cf previous s 26) (1) Without affecting the generality of section 3.13 or any other provision of this Act, an environmental planning instrument may make provision for or with respect to any of the following— (a) protecting, improving or utilising, to the best advantage, the environment, (b) controlling (whether by the imposing of development standards or otherwise) development, (c) reserving land for use for the purposes of open space, a public place or public reserve within the meaning of the Local Government Act 1993 , a national park or other land reserved or dedicated under the National Parks and Wildlife Act 1974 , a public cemetery, a public hospital, a public railway, a public school or any other purpose that is prescribed as a public purpose for the purposes of this section, (d) providing, maintaining and retaining, and regulating any matter relating to, affordable housing, (e) protecting or preserving trees or vegetation, (e1) protecting and conserving native animals and plants, including threatened species and ecological communities, and their habitats, (f) controlling any act, matter or thing for or with respect to which provision may be made under paragraph (a) or (e), (g) controlling advertising, (h) such other matters as are authorised or required to be included in the environmental planning instrument by this or any other Act. (1A)–(3) (3A) An environmental planning instrument may make provision for any zoning of land or other provision to have effect only for a specified period or only in specified circumstances. (4) An environmental planning instrument that makes provision for or with respect to protecting or preserving trees or other vegetation may make provision— (a) for authorising the council (or other person or body) to determine the trees or other vegetation included in or excluded from the relevant provisions, and (b) for requiring a permit, approval or other authorisation to remove or otherwise affect trees or other vegetation that is granted by the council (or other person or body), and (c) for an appeal to the Court against a refusal to grant any such permit, approval or other authorisation. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.15 Owner-initiated acquisition of land reserved for public purposes (cf previous s 27) (1) An environmental planning instrument that reserves land for use exclusively for a purpose referred to in section 3.14(1)(c) must specify an authority of the State that will be the relevant authority to acquire the land if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 . (2) Section 21 of the Land Acquisition (Just Terms Compensation) Act 1991 applies for the purposes of determining whether an environmental planning instrument reserves land for use exclusively for a purpose referred to in section 3.14(1)(c). (3) An environmental planning instrument (whenever made) is not to be construed as requiring an authority of the State to acquire land, except as required by Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 . (4) Subsection (3) applies despite— (a) any provision of an environmental planning instrument (whenever made) to the contrary, or (b) the service of a notice to acquire the land on an authority of the State on or after the day on which notice was given in Parliament for leave to introduce the Bill for the Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 . ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.16 Suspension of laws etc by environmental planning instruments (cf previous s 28) (1) In this section, regulatory instrument means any Act (other than this Act), rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made. (2) For the purpose of enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act, an environmental planning instrument may provide that, to the extent necessary to serve that purpose, a regulatory instrument specified in that environmental planning instrument shall not apply to any such development or shall apply subject to the modifications specified in that environmental planning instrument. (3) A provision referred to in subsection (2) shall have effect according to its tenor, but only if the Governor has, before the making of the environmental planning instrument, approved of the provision. (4) Where a Minister is responsible for the administration of a regulatory instrument referred to in subsection (2), the approval of the Governor for the purposes of subsection (3) shall not be recommended except with the prior concurrence in writing of that Minister. (5) A declaration in the environmental planning instrument as to the approval of the Governor as referred to in subsection (3) or the concurrence of a Minister as referred to in subsection (4) shall be prima facie evidence of the approval or concurrence. (6) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900 . ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.17 Designated development: declaration by environmental planning instruments (cf previous s 29) An environmental planning instrument may contain provisions declaring any class or description of development (whether by reference to the type, purpose or location of development or otherwise) to be designated development for the purposes of this Act. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.18 Consents and concurrences (cf previous s 30) (1) Without limiting the generality of section 3.14(1)(b), an environmental planning instrument may provide that development specified therein— (a) may be carried out without the necessity for consent under this Act being obtained therefor, or (b) may not be carried out except with consent under this Act being obtained therefor. (2) Where provision is made in accordance with subsection (1)(b), the instrument may provide that a development application in respect of development specified in the instrument shall not be determined by the granting of consent under this Act, except with the concurrence of such Minister or public authority as is specified in the instrument to the carrying out of the development. (3) An environmental planning instrument which makes provision in accordance with subsection (2) shall state the matters which shall be taken into consideration in deciding whether concurrence should be granted. (4), (5) ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.19 Prohibitions (cf previous s 31) Without limiting the generality of section 3.14(1)(b), an environmental planning instrument may provide that development specified therein is prohibited. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4]. 3.20 Standardisation of environmental planning instruments (cf previous s 33A) (1) The Governor may, by order published on the NSW legislation website, prescribe the standard form and content of local environmental plans or other environmental planning instruments (a standard instrument ). (2) An environmental planning instrument may be made in the form of— (a) a declaration that the applicable mandatory provisions of a standard instrument are adopted, and (b) the prescription of the matters required to be prescribed for the purposes of the application of the mandatory provisions of the standard instrument (such as the adoption of land zoning or other maps), and (c) the prescription of any other matters permitted to be prescribed by an environmental planning instrument, including non-mandatory provisions of the standard instrument (with or without modification) or additional provisions. (3) When an environmental planning instrument is made with such a declaration, the instrument has the form and content of the applicable mandatory provisions of the standard instrument and the matters so prescribed. (4) If the mandatory provisions of a standard instrument so adopted are amended by a further order under subsection (1) or by an Act after they are adopted, the environmental planning instrument is taken (without further amendment) to adopt the amended provisions of the standard instrument on and from the date the amendment to the standard instrument takes effect. (5) The order that amends a standard instrument may make provision of a savings or transitional nature consequent on the amendment of the standard instrument. (6) Where a standard instrument has been adopted, the provisions of the environmental planning instrument (other than the mandatory provisions of the adopted standard instrument) may be amended from time to time by another environmental planning instrument or in accordance with any Act. (7) A standard instrument may— (a) provide that a provision is a mandatory provision only in the circumstances specified in the instrument, and (b) contain requirements or guidance as to the form or content of a non-mandatory provision. (8) The adoption of the provisions of a standard instrument in an environmental planning instrument is taken to be a matter of State environmental planning significance for the purposes of this Act. (8A) An environmental planning instrument may be made under this Part without compliance with the provisions of this Act relating to the conditions precedent to the making of the instrument if— (a) the instrument adopts the provisions of a standard instrument for the purposes of replacing instruments that apply to the land concerned (being existing instruments that do not adopt the provisions of a standard instrument), and (b) the Minister is of the opinion that the replacement instrument does not make any substantial changes to the general effect of the existing instrument or instruments. (9) Subject to this Act and the regulations, the form and subject-matter of an environmental planning instrument is (if there is no applicable standard instrument) to be as determined by the Minister. (10) In this section— form includes structure. s 3.20 (previously s 33A): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [9]. 3.21 Review of environmental planning instruments (cf previous s 73) (1) The Planning Secretary shall keep State environmental planning policies and councils shall keep their local environmental plans and development control plans under regular and periodic review for the purpose of ensuring that the objects of this Act are, having regard to such changing circumstances as may be relevant, achieved to the maximum extent possible. (2) Every 5 years following such a review, the Planning Secretary is to determine whether relevant State environmental planning policies should be updated and a council is to determine whether relevant local environmental plans should be updated. s 3.21 (previously s 73): Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [5]. 3.22 Expedited amendments of environmental planning instruments (cf previous s 73A) (1) An amending environmental planning instrument may be made under this Part without compliance with the provisions of this Act relating to the conditions precedent to the making of the instrument if the instrument, if made, would amend or repeal a provision of a principal instrument in order to do any one or more of the following— (a) correct an obvious error in the principal instrument consisting of a misdescription, the inconsistent numbering of provisions, a wrong cross-reference, a spelling error, a grammatical mistake, the insertion of obviously missing words, the removal of obviously unnecessary words or a formatting error, (b) address matters in the principal instrument that are of a consequential, transitional, machinery or other minor nature, (c) deal with matters that the Minister considers do not warrant compliance with the conditions precedent for the making of the instrument because they will not have any significant adverse impact on the environment or adjoining land, (c1) deal with matters the NSW Reconstruction Authority considers necessary to give effect to the NSW Reconstruction Authority Act 2022 . (2) A reference in this section to an amendment of an instrument includes a reference to the amendment or replacement of a map adopted by an instrument. (2A) For the purposes of subsection (1)(c1), the Minister may direct that the NSW Reconstruction Authority is— (a) the planning proposal authority for this Part, or (b) a local plan-making authority for section 3.31. (2B) For subsection (2A), the Minister’s direction may provide that the NSW Reconstruction Authority must exercise the functions of a planning proposal authority or local plan-making authority— (a) for a particular period or for particular stages of development, or (b) only in relation to certain matters. s 3.22 (previously s 73A): Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [10]; 2018 No 66, Sch 1 [5]; 2022 No 80, Sch 5.1[3] [4]. 3.23 Public access to environmental planning instruments and related documents (cf previous s 33C) For the purpose of facilitating electronic or other public access to environmental planning instruments and any development control plans, contributions plans or other documents under this Act— (a) the Minister may determine standard technical requirements with respect to the preparation of those instruments, plans or other documents and of the maps or other documents that are referred to in (or adopted under) them, and (b) a council is to provide the Planning Secretary, when requested, with copies and electronic files (in a specified format) of any such instruments, plans, maps or other documents prepared or held by the council. s 3.23 (previously s 33C): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.24 Publication, amendment and repeal of environmental planning instruments (cf previous s 34) (1)–(4) (5) An environmental planning instrument shall— (a) be published on the NSW legislation website, and (b) commence on and from the date of publication or a later date specified in the instrument. (5A) Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument. (5B) Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published on the NSW legislation website after the day on which one or more of its provisions is expressed to commence. In that case, the provisions concerned commence on and from the day the instrument is published on the NSW legislation website, instead of on and from the earlier day. (6)–(8) (9) An environmental planning instrument shall be deemed to have been published on the NSW legislation website notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published. (10) (11) An environmental planning instrument may be amended or repealed by a subsequent environmental planning instrument, whether of the same or a different type. Note. An environmental planning instrument is an instrument for the purposes of the Interpretation Act 1987 , and accordingly standard provisions under that Act applying to statutory instruments apply to environmental planning instruments. s 3.24 (previously s 34): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [11]. 3.25 Special consultation procedures concerning threatened species (cf previous s 34A) (1) In this section, the relevant authority means— (a) in the case of a proposed SEPP—the Planning Secretary, or (b) in the case of a proposed LEP—the relevant planning authority. (2) Before an environmental planning instrument is made, the relevant authority must consult with the Chief Executive of the Office of Environment and Heritage if, in the opinion of the relevant authority, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be adversely affected by the proposed instrument. (3) For the purposes of the consultation, the relevant authority is to provide such information about the proposed instrument as would assist in understanding its effect (including information of the kind prescribed by the regulations). (4) The consultation in relation to a proposed local environmental plan is to commence after a decision under section 3.34 (Gateway determination) that the matter should proceed, unless the regulations otherwise provide. (5) The Chief Executive of the Office of Environment and Heritage may comment to the relevant authority on the proposed instrument within the following period after the consultation commences— (a) the period agreed between the Chief Executive and the relevant authority, (b) in the absence of any such agreement, the period of 21 days or such other period as is prescribed by the regulations. (6) The consultation required by this section is completed when the relevant authority has considered any comments so made. (7) In this section, a reference to the Chief Executive of the Office of Environment and Heritage includes, in the application of this section to fish and marine vegetation, a reference to the Secretary of the Department of Industry, Skills and Regional Development. s 3.25 (previously s 34A): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.26 Special provision for development in Sydney water catchment relating to water quality (cf previous s 34B) (1) In this section, Sydney drinking water catchment means a declared catchment area (within the meaning of the Water NSW Act 2014 ) that is declared by a State environmental planning policy to be the Sydney drinking water catchment. (2) Provision is to be made in a State Environmental Planning Policy requiring a consent authority to refuse to grant consent to a development application relating to any part of the Sydney drinking water catchment unless the consent authority is satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on the quality of water. (2A) A State environmental planning policy that requires proposed development to have a neutral or beneficial effect on the quality of water may deal with the application of that test in the case of proposed development that extends or expands existing development. (3) (4) The Minister is not to recommend the making of a State Environmental Planning Policy that relates to the declaration of the Sydney drinking water catchment unless— (a) the Minister administering the Water NSW Act 2014 approves of the declaration, and (b) the Minister administering the Protection of the Environment Operations Act 1997 has been consulted about the declaration. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4]. 3.27 Validity of instruments (cf previous s 35) The validity of an environmental planning instrument shall not be questioned in any legal proceedings except those commenced in the Court by any person within 3 months of the date of its publication on the NSW legislation website. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4]. 3.28 Inconsistency between instruments (cf previous s 36) (1) In the event of an inconsistency between environmental planning instruments and unless otherwise provided— (a) there is a general presumption that a State environmental planning policy prevails over a local environmental plan or other instrument made before or after that State environmental planning policy, and (b) (c) the general presumptions of the law as to when an Act prevails over another Act apply to when one kind of environmental planning instrument prevails over another environmental planning instrument of the same kind. (2), (3) (4) Nothing in this section prevents an environmental planning instrument from being expressly amended by a later environmental planning instrument, of the same or a different kind, to provide for the way in which an inconsistency between them is to be resolved. ss 3.26–3.28 (previously ss 34B–36): Renumbered 2017 No 60, Sch 3.2 [4].

Making of environmental planning instruments (cf previous s 24) ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Contents of environmental planning instruments ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Owner-initiated acquisition of land reserved for public purposes ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Suspension of laws etc by environmental planning instruments ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Designated development: declaration by environmental planning instruments (cf previous s 29) An environmental planning instrument may contain provisions declaring any class or description of development (whether by reference to the type, purpose or location of development or otherwise) to be designated development for the purposes of this Act. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Consents and concurrences ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Prohibitions (cf previous s 31) Without limiting the generality of section 3.14(1)(b), an environmental planning instrument may provide that development specified therein is prohibited. ss 3.13–3.19 (previously ss 24, 26–31): Renumbered 2017 No 60, Sch 3.2 [4].

Expedited amendments of environmental planning instruments s 3.22 (previously s 73A): Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [10]; 2018 No 66, Sch 1 [5]; 2022 No 80, Sch 5.1[3] [4].

(1) An amending environmental planning instrument may be made under this Part without compliance with the provisions of this Act relating to the conditions precedent to the making of the instrument if the instrument, if made, would amend or repeal a provision of a principal instrument in order to do any one or more of the following— (a) correct an obvious error in the principal instrument consisting of a misdescription, the inconsistent numbering of provisions, a wrong cross-reference, a spelling error, a grammatical mistake, the insertion of obviously missing words, the removal of obviously unnecessary words or a formatting error, (b) address matters in the principal instrument that are of a consequential, transitional, machinery or other minor nature, (c) deal with matters that the Minister considers do not warrant compliance with the conditions precedent for the making of the instrument because they will not have any significant adverse impact on the environment or adjoining land, (c1) deal with matters the NSW Reconstruction Authority considers necessary to give effect to the NSW Reconstruction Authority Act 2022 .

Development assessment and consent pt 4, hdg: Ins 2017 No 60, Sch 4.2 [2]. Division 4.1 Carrying out of development—with consent, without consent and prohibited div 4.1, hdg (previously pt 4, Div 1, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.1 Development that does not need consent (cf previous s 76) (1) General If an environmental planning instrument provides that specified development may be carried out without the need for development consent, a person may carry the development out, in accordance with the instrument, on land to which the provision applies. Note. Environmental assessment of the development may nevertheless be required under Division 5.1. (2), (3) ss 4.1–4.4 (previously ss 76–76C): Renumbered 2017 No 60, Sch 4.2 [1]. 4.2 Development that needs consent (cf previous s 76A) (1) General If an environmental planning instrument provides that specified development may not be carried out except with development consent, a person must not carry the development out on land to which the provision applies unless— (a) such a consent has been obtained and is in force, and (b) the development is carried out in accordance with the consent and the instrument. Maximum penalty—Tier 1 monetary penalty. (2) For the purposes of subsection (1), development consent may be obtained— (a) by the making of a determination by a consent authority to grant development consent, or (b) in the case of complying development, by the issue of a complying development certificate. (3), (4) (5) Complying development An environmental planning instrument may provide that development, or a class of development, that can be addressed by specified predetermined development standards is complying development. (6)–(9) Note. Division 4.7 makes provision with respect to State significant development. ss 4.1–4.4 (previously ss 76–76C): Renumbered 2017 No 60, Sch 4.2 [1]. 4.3 Development that is prohibited (cf previous s 76B) If an environmental planning instrument provides that— (a) specified development is prohibited on land to which the provision applies, or (b) development cannot be carried out on land with or without development consent, a person must not carry out the development on the land. Maximum penalty—Tier 1 monetary penalty. ss 4.1–4.4 (previously ss 76–76C): Renumbered 2017 No 60, Sch 4.2 [1]. 4.4 Relationship of this Division to this Act (cf previous s 76C) This Division is subject to the other provisions of this Act, unless express provision is made to the contrary. ss 4.1–4.4 (previously ss 76–76C): Renumbered 2017 No 60, Sch 4.2 [1]. Division 4.2 Consent authority div 4.2: Ins 2017 No 60, Sch 4.1 [4]. 4.5 Designation of consent authority For the purposes of this Act, the consent authority is as follows— (a) in the case of State significant development—the Independent Planning Commission (if the development is of a kind for which the Commission is declared the consent authority by an environmental planning instrument) or the Minister (if the development is not of that kind), (b) in the case of development of a kind that is declared by an environmental planning instrument as regionally significant development—the Sydney district or regional planning panel for the area in which the development is to be carried out, (c) in the case of development of a kind that is declared by an environmental planning instrument as development for which a public authority (other than a council) is the consent authority—that public authority, (d) in the case of any other development—the council of the area in which the development is to be carried out. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.6 Provisions relating to Independent Planning Commission The following consent authority functions of the Independent Planning Commission are to be exercised by the Planning Secretary on behalf of the Commission— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the Commission (but without limiting the assessments that the Commission may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the Commission, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.7 Provisions relating to Sydney district or regional planning panels (1) Development of the following kind cannot be declared as regionally significant development for which a Sydney district or regional planning panel is the consent authority— (a) complying development, (b) development for which development consent is not required, (c) development that is State significant development, (d) development for which a person or body other than a council is the consent authority, (e) development within the City of Sydney. (2) The following consent authority functions of a Sydney district or regional planning panel are to be exercised on behalf of the panel by the council of the area in which the proposed development is to be carried out— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the panel (but without limiting the assessments that the panel may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the panel, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.8 Exercise of consent authority functions on behalf of councils where local planning panel constituted (cf previous s 23I) (1) This section applies in respect of an area of a council for which a local planning panel has been constituted. (2) The functions of a council as a consent authority in respect of any such area are not exercisable by the councillors. They are exercisable on behalf of the council by— (a) the local planning panel, or (b) an officer or employee of the council to whom the council delegates those functions. (3) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the development applications that are to be determined on behalf of the council by a local planning panel. (4) For the purposes of this section, the functions of a council as consent authority include— (a) the determination of development applications, and (b) without limiting paragraph (a), the functions of a consent authority under Divisions 4.3 and 4.4 and sections 4.34, 4.54(2), 4.56(2), 4.57, 7.7, 7.11, 7.12, 7.13, 7.14, 7.15, 7.28 and 7.32, and (c) the functions of a consent authority or council under this Act or any other Act that relate to the carrying out of development (including the making of development applications) and that are declared by the regulations to be functions of a council as consent authority, but do not include the functions of a consent authority or council that the regulations declare are not the functions of a council as consent authority. (5) In this section, development applications includes applications to modify development consents. s 4.8: Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1]. Division 4.3 Development that needs consent (except complying development) div 4.3, hdg (previously pt 4, Div 2, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.9 Application of Division (cf previous s 77) This Division— (a) applies to development that may not be carried out except with development consent, but (b) does not apply to complying development. Note. Under this Part, the procedures by which development consent is obtained differ according to whether the development— (a) is or is not State significant development, and (b) is or is not designated development (which it may be declared to be by an environmental planning instrument or the regulations), and (c) is or is not integrated development (see Division 4.8). ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.10 Designated development (cf previous s 77A) (1) Designated development is development that is declared to be designated development by an environmental planning instrument or the regulations. (2) Designated development does not include State significant development despite any such declaration. ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.11 The development consent process—the main steps (cf previous s 78) The main steps in the development consent process are set out in sections 4.12–4.18 and in the regulations made for the purposes of this Part. ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.12 Application (cf previous s 78A) (1) A person may, subject to the regulations, apply to a consent authority for consent to carry out development. Note. Section 380AA of the Mining Act 1992 provides that an application for development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) A single application may be made in respect of one or more of the types of development referred to in paragraphs (a)–(f) of the definition of development in section 1.5(1). (3) If the consent authority is a council, a person (other than the Crown or a person acting on behalf of the Crown) may, in the same development application, apply for development consent and approval for anything that requires approval under the following provisions of the Table to section 68 of the Local Government Act 1993 , namely— paragraph 1 of Part A paragraph 1–6 of Part B paragraph 1–5 of Part C paragraph 1 of Part E paragraph 1–5 or 10 of Part F. (4) In determining a development application to which subsection (3) applies, the council may apply any of the provisions of or under the Local Government Act 1993 that it could apply if the development application were an application under that Act for the relevant approval. In particular, if development consent is granted, the council may impose a condition that is authorised under that Act to be imposed as a condition of an approval. (5) If development consent is granted to a development application to which subsection (3) applies, the council is taken to have granted the relevant approval under the Local Government Act 1993 that authorises the activity, but that Act has no application to the approval so taken to have been granted. (6) In granting development consent to a development application to which subsection (3) applies, the council may, without limiting any other condition it may impose, impose, in relation to the approval taken to have been granted under the Local Government Act 1993 , either or both of the following conditions— (a) a condition that the approval is granted only to the applicant and does not attach to or run with the land to which it applies, (b) a condition that the approval is granted for a specified time. (6A) A reference to a council in subsections (3)–(6) includes a reference to a Sydney district or regional planning panel, or a local planning panel or delegate, that has the function of determining the development application. (7) A development application cannot be made in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ) unless any consent to the development required under that Act has been obtained. (8) A development application for State significant development or designated development is to be accompanied by an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations. (8A) (9) The regulations may specify other things that are required to be submitted with a development application. s 4.12 (previously s 78A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16]. 4.13 Consultation and concurrence (cf previous s 79B) (1) General If, by an environmental planning instrument, the consent authority, before determining the development application, is required to consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, consult with or obtain the concurrence of the person, unless the consent authority determines to refuse to grant development consent. Note. See also section 48 of the Dams Safety Act 2015 which requires the consent authority, before granting development consent for carrying out mining operations in a notification area declared under that section, to refer the application to Dams Safety NSW and to take into consideration any matters raised by Dams Safety NSW. (2) However, if, by an environmental planning instrument, the Minister, before determining a development application, is required to obtain the concurrence of a person, the Minister is required only to consult with the person. (2A) State significant development—exclusion This section does not apply to State significant development unless the requirement of an environmental planning instrument for consultation or concurrence specifies that it applies to State significant development. (3)–(7) (8) Granting or refusal of concurrence A person whose concurrence to development is required may— (a) grant concurrence to the development, either unconditionally or subject to conditions, or (b) refuse concurrence to the development. In deciding whether to grant concurrence, the person must take into consideration only the matters stated pursuant to section 3.18(3) and applicable to the development. (8A), (8B) (9) Giving effect to concurrence A consent authority that grants consent to the carrying out of development for which a concurrence has been granted must grant the consent subject to any conditions of the concurrence. This does not affect the right of the consent authority to impose conditions under section 4.17 not inconsistent with the conditions of the concurrence or to refuse consent. (10) Avoidance of consents subject to concurrence If, by an environmental planning instrument, a development application may not be determined by the granting of consent without the concurrence of a specified person, a consent granted— (a) without that concurrence, or (b) not subject to any conditions of the concurrence, is, subject to sections 4.60–4.62, voidable. (11) However, if the specified person fails to inform the consent authority of the decision concerning concurrence within the time allowed for doing so, the consent authority may determine the development application without the concurrence of the specified person and a development consent so granted is not voidable on that ground. (12) Nothing in this section affects any liability of a consent authority in respect of a consent granted as referred to in subsection (10)(a) or (b). s 4.13 (previously s 79B): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1. 4.14 Consultation and development consent—certain bush fire prone land (cf previous s 79BA) (1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land (being land for the time being recorded as bush fire prone land on a relevant map certified under section 10.3(2)) unless the consent authority— (a) is satisfied that the development conforms to the specifications and requirements of the version (as prescribed by the regulations) of the document entitled Planning for Bush Fire Protection prepared by the NSW Rural Fire Service in co-operation with the Department (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development ( the relevant specifications and requirements ), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. (1B) This section does not apply to State significant development. (1C) The regulations may exclude development from the application of this section subject to compliance with any requirements of the regulations. The regulations may (without limiting the requirements that may be made)— (a) require the issue of a certificate by the Commissioner of the NSW Rural Fire Service or other qualified person in relation to the bush fire risk of the land concerned, and (b) authorise the payment of a fee for the issue of any such certificate. (2) In this section— special fire protection purpose has the same meaning as it has in section 100B of the Rural Fires Act 1997 . s 4.14 (previously s 79BA): Renumbered 2017 No 60, Sch 4.2 [1]. 4.15 Evaluation (cf previous s 79C) (1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application— (a) the provisions of— (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), (v) that apply to the land to which the development application relates, (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest. (2) Compliance with non-discretionary development standards—development other than complying development If an environmental planning instrument or a regulation contains non-discretionary development standards and development, not being complying development, the subject of a development application complies with those standards, the consent authority— (a) is not entitled to take those standards into further consideration in determining the development application, and (b) must not refuse the application on the ground that the development does not comply with those standards, and (c) must not impose a condition of consent that has the same, or substantially the same, effect as those standards but is more onerous than those standards, and the discretion of the consent authority under this section and section 4.16 is limited accordingly. (3) If an environmental planning instrument or a regulation contains non-discretionary development standards and development the subject of a development application does not comply with those standards— (a) subsection (2) does not apply and the discretion of the consent authority under this section and section 4.16 is not limited as referred to in that subsection, and (b) a provision of an environmental planning instrument that allows flexibility in the application of a development standard may be applied to the non-discretionary development standard. Note. The application of non-discretionary development standards to complying development is dealt with in section 4.28(3) and (4). (3A) Development control plans If a development control plan contains provisions that relate to the development that is the subject of a development application, the consent authority— (a) if those provisions set standards with respect to an aspect of the development and the development application complies with those standards—is not to require more onerous standards with respect to that aspect of the development, and (b) if those provisions set standards with respect to an aspect of the development and the development application does not comply with those standards—is to be flexible in applying those provisions and allow reasonable alternative solutions that achieve the objects of those standards for dealing with that aspect of the development, and (c) may consider those provisions only in connection with the assessment of that development application. In this subsection, standards include performance criteria. (4) Consent where an accreditation is in force A consent authority must not refuse to grant consent to development on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations. (5) A consent authority and an employee of a consent authority do not incur any liability as a consequence of acting in accordance with subsection (4). (6) Definitions In this section— (a) reference to development extends to include a reference to the building, work, use or land proposed to be erected, carried out, undertaken or subdivided, respectively, pursuant to the grant of consent to a development application, and (b) non-discretionary development standards means development standards that are identified in an environmental planning instrument or a regulation as non-discretionary development standards. s 4.15 (previously s 79C): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [1] [2]. Am 2018 No 25, Sch 4 [5] [17]. 4.16 Determination (cf previous s 80) (1) General A consent authority is to determine a development application by— (a) granting consent to the application, either unconditionally or subject to conditions, or (b) refusing consent to the application. (2) Despite subsection (1), the consent authority must refuse an application for development, being the subdivision of land, that would, if carried out, result in a contravention of this Act, an environmental planning instrument or the regulations, whether arising in relation to that or any other development. (3) “Deferred commencement” consent A development consent may be granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition. (4) Total or partial consent A development consent may be granted— (a) for the development for which the consent is sought, or (b) for that development, except for a specified part or aspect of that development, or (c) for a specified part or aspect of that development. (5) The consent authority is not required to refuse consent to any specified part or aspect of development for which development consent is not initially granted under subsection (4), but development consent may subsequently be granted for that part or aspect of the development. Note. See also Division 4.4 for special procedures concerning concept development applications. (6) Restrictions on determination of development applications involving Independent Planning Commission If a consent authority (other than the Minister) has received notice that the Minister has requested that a review (with or without a public hearing) be conducted by the Independent Planning Commission in relation to all or any part of the development the subject of a development application, the consent authority must not determine the development application until— (a) the review has been conducted, and (b) the consent authority has considered the findings and recommendations of the Independent Planning Commission and any comments made by the Minister that accompanied those findings and recommendations when they were forwarded to the consent authority. (7) If the Minister has requested that a review (with or without a public hearing) be conducted by the Independent Planning Commission in relation to all or any part of the development the subject of a development application for which the Minister is the consent authority, the Minister must not determine the development application until— (a) the review has been conducted, and (b) the Minister has considered the findings and recommendations of the Independent Planning Commission. (8) (9) Restrictions on determination of development applications for designated development A consent authority must not determine a development application for designated development— (a) until after the submission period (within the meaning of Schedule 1) has expired, or (b) if a submission is made with respect to the application within the submission period, until after 21 days following the date on which a copy of the submission is forwarded to the Planning Secretary have expired. (10) Subsection (9)(b) does not apply— (a) to a consent authority being the Minister or the Planning Secretary, or (b) if the Planning Secretary has waived the requirement that submissions be forwarded to the Planning Secretary for a specified development application or for a specified class of development applications. (10A) (11) Other restrictions on determination of development applications The regulations may specify other matters of a procedural nature that are to be complied with before a development application may be determined. (12) Effect of issuing construction certificate If a consent authority or a registered certifier issues a construction certificate, the construction certificate and any approved plans and specifications issued with respect to that construction certificate, together with any variations to the construction certificate or plans and specifications that are effected in accordance with this Act or the regulations, are taken to form part of the relevant development consent (other than for the purposes of section 4.55). (13), (14) s 4.16 (previously s 80): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [18]; 2018 No 63, Sch 3.3[4]. 4.17 Imposition of conditions (cf previous s 80A) (1) Conditions—generally A condition of development consent may be imposed if— (a) it relates to any matter referred to in section 4.15(1) of relevance to the development the subject of the consent, or (b) it requires the modification or surrender of a consent granted under this Act or a right conferred by Division 4.11 in relation to the land to which the development application relates, or (c) it requires the modification or cessation of development (including the removal of buildings and works used in connection with that development) carried out on land (whether or not being land to which the development application relates), or (d) it limits the period during which development may be carried out in accordance with the consent so granted, or (e) it requires the removal of buildings and works (or any part of them) at the expiration of the period referred to in paragraph (d), or (f) it requires the carrying out of works (whether or not being works on land to which the application relates) relating to any matter referred to in section 4.15(1) applicable to the development the subject of the consent, or (g) it modifies details of the development the subject of the development application, or (h) it is authorised to be imposed under the following— (i) section 4.16(3) or (5), (ii) subsections (5)–(9) of this section, (iii) section 7.11 or 7.12, (iv) Division 7.1, Subdivision 4, (v) section 7.32. (2) Ancillary aspects of development A consent may be granted subject to a condition that a specified aspect of the development that is ancillary to the core purpose of the development is to be carried out to the satisfaction, determined in accordance with the regulations, of the consent authority or a person specified by the consent authority. (3) A consent authority that has not determined a request to indicate whether a specified aspect of development has been carried out to the satisfaction of the consent authority, or a person specified by the consent authority, within the relevant period, prescribed by the regulations, applicable to the aspect or the development is, for the purpose only of section 8.7, taken to have determined the request by indicating that it, or the person, is not satisfied as to the specified aspect. (4) Conditions expressed in terms of outcomes or objectives A consent may be granted subject to a condition expressed in a manner that identifies both of the following— (a) one or more express outcomes or objectives that the development or a specified part or aspect of the development must achieve, (b) clear criteria against which achievement of the outcome or objective must be assessed. (4A) Conditions replaced by other legislative controls A development consent for the carrying out of development may be granted subject to specified conditions that cease to have effect on the issue of an authorisation under another Act relating to that development (or any part of it) if the consent authority is satisfied that the matters regulated by those conditions will be adequately addressed by such an authorisation when it is issued. The regulations may restrict the imposition of any such condition. (4B) Conditions relating to financial assurance A development consent may be granted subject to a condition of a kind described in Part 9.4 of the Protection of the Environment Operations Act 1997 to secure or guarantee funding for or towards the carrying out of works or programs required by or under the consent. The regulations may restrict the imposition of any such condition and may make provisions with respect to any such condition of the kind set out in that Part (including in relation to the calling on and use of any financial assurance). (5) Modification or surrender of consents or existing use rights If a consent authority imposes (as referred to in subsection (1)(b)) a condition requiring the modification or surrender of a consent granted under this Act or a right conferred by Division 4.11, the consent or right may be modified or surrendered subject to and in accordance with the regulations. (6) Conditions and other arrangements concerning security A development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of any one or more of the following— (a) making good any damage caused to any property of the consent authority (or any property of the Planning Ministerial Corporation) as a consequence of the doing of anything to which the consent relates, (b) completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent, (c) remedying any defects in any such public work that arise within 6 months after the work is completed, (d) in relation to coastal protection works (within the meaning of the Coastal Management Act 2016 ), either or both of the following— (i) the maintenance of the works, (ii) the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by the presence of the works. (7) The security is to be for such reasonable amount as is determined by the consent authority. (8) The security may be provided, at the applicant’s choice, by way of— (a) deposit with the consent authority, or (b) a guarantee satisfactory to the consent authority. (9) The security is to be provided before carrying out any work in accordance with the development consent or at such other time as may be agreed to by the consent authority. (10) The funds realised from a security may be paid out to meet any cost referred to in subsection (6). Any balance remaining is to be refunded to, or at the direction of, the persons who provided the security. (10A) (10B) Review of extended hours of operation and number of persons permitted A development consent that is granted subject to a reviewable condition may be granted subject to a further condition that the consent authority may review that condition at any time or at intervals specified by the consent and that the reviewable condition may be changed on any such review. (10C) The regulations may make provision for or with respect to the kinds of development that may be subject to a further condition referred to in subsection (10B), the matters that must be included in such a condition and the procedures for a review under such a condition. (10D) A decision by a consent authority to change a reviewable condition on a review is taken to be a determination of a development consent for the purposes of this Act. Note. Accordingly, an application for review or appeal under Part 8 may be made in relation to a decision to change a reviewable condition. (10E) For the purposes of subsections (10B)–(10D), a reviewable condition means any of the following— (a) a condition that permits extended hours of operation (in addition to other specified hours of operation), (b) a condition that increases the maximum number of persons permitted in a building (in addition to the maximum number otherwise permitted). (11) Prescribed conditions A development consent is subject to such conditions as may be prescribed by the regulations. Note. Section 6.16(2) provides that a condition of consent has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development. s 4.17 (previously s 80A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [3]; 2023 No 7, Sch 2.25; 2023 No 10, Sch 1[2]. 4.18 Post-determination notification (cf previous s 81) (1) The consent authority must, in accordance with the regulations, notify its determination of a development application to— (a) the applicant, and (b) in the case of a development application for consent to carry out designated development, each person who made a submission under Schedule 1, and (c) such other persons as are required by the regulations to be notified of the determination of the development application. (2) If the consent authority is not the council, the consent authority must notify the council of its determination. (3) In the case of a development application for consent to carry out designated development, the consent authority must also notify each person who made a submission under Schedule 1 by way of objection of the person’s rights to appeal against the determination and of the applicant’s rights to appeal against the determination. (4) For the purposes of this section, designated development includes State significant development that would be designated development but for section 4.10(2). s 4.18 (previously s 81): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [19] [20]. 4.19 Consent for erection of building authorises use of building (cf previous s 81A) A development consent that authorises the erection of a building (but not the use of the building once erected) is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose was specified in the application for development consent. This section does not authorise the occupation of such a building if Part 6 requires an occupation certificate to be issued. s 4.19: Ins 2017 No 60, Sch 6.2 [5]. 4.20 Date from which development consent has effect (cf previous s 83) (1) A development consent has effect on and from the date it is registered on the NSW planning portal, except as provided by subsection (2). (2) A development consent for designated development has effect on and from the end of 28 days after the date it is registered on the NSW planning portal unless— (a) the development consent was granted following a public hearing by the Independent Planning Commission, or (b) the development is State significant development. Note. The date of effect of a consent for any such designated development is delayed by the period within which an objector may appeal to the Land and Environment Court against the grant of consent. (3) This section is subject to Part 8 (Reviews and appeals). s 4.20: Ins 2017 No 60, Sch 8.1 [1]. Division 4.4 Concept development applications div 4.4, hdg (previously pt 4, Div 2A, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.21 Application of this Division (cf previous s 83A) This Division applies to concept development applications and to consents granted on the determination of those applications. s 4.21 (previously s 83A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.22 Concept development applications (cf previous s 83B) (1) For the purposes of this Act, a concept development application is a development application that sets out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications. (2) In the case of a staged development, the application may set out detailed proposals for the first stage of development. (3) A development application is not to be treated as a concept development application unless the applicant requests it to be treated as a concept development application. (4) If consent is granted on the determination of a concept development application, the consent does not authorise the carrying out of development on any part of the site concerned unless— (a) consent is subsequently granted to carry out development on that part of the site following a further development application in respect of that part of the site, or (b) the concept development application also provided the requisite details of the development on that part of the site and consent is granted for that first stage of development without the need for further consent. The terms of a consent granted on the determination of a concept development application are to reflect the operation of this subsection. (5) The consent authority, when considering under section 4.15 the likely impact of the development the subject of a concept development application, need only consider the likely impact of the concept proposals (and any first stage of development included in the application) and does not need to consider the likely impact of the carrying out of development that may be the subject of subsequent development applications. Note. The proposals for detailed development of the site will require further consideration under section 4.15 when a subsequent development application is lodged (subject to subsection (2)). s 4.22 (previously s 83B): Renumbered 2017 No 60, Sch 4.2 [1]. 4.23 Concept development applications as alternative to DCP required by environmental planning instruments (cf previous s 83C) (1) An environmental planning instrument cannot require the making of a concept development application before development is carried out. (2) However, if an environmental planning instrument requires the preparation of a development control plan before any particular or kind of development is carried out on any land, that obligation may be satisfied by the making and approval of a concept development application in respect of that land. Note. Section 3.44(5) also authorises the making of a development application where the relevant planning authority refuses to make, or delays making, a development control plan. (3) Any such concept development application is to contain the information required to be included in the development control plan by the environmental planning instrument or the regulations. s 4.23 (previously s 83C): Renumbered 2017 No 60, Sch 4.2 [1]. 4.24 Status of concept development applications and consents (cf previous s 83D) (1) The provisions of or made under this or any other Act relating to development applications and development consents apply, except as otherwise provided by or under this or any other Act, to a concept development application and a development consent granted on the determination of any such application. (2) While any consent granted on the determination of a concept development application for a site remains in force, the determination of any further development application in respect of the site cannot be inconsistent with the consent for the concept proposals for the development of the site (the concept consent ). (3) Subsection (2) does not prevent the modification in accordance with this Act of a consent granted on the determination of a concept development application. (4) Subsection (2) does not prevent the determination of a further development application for the site that is inconsistent with the concept consent if the consent authority determines the application by granting development consent subject to a condition requiring the modification or surrender of the concept consent. Note. See section 4.53(2) which prevents a reduction in the 5-year period of a development consent. s 4.24 (previously s 83D): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[26] [27]. Division 4.5 Complying development div 4.5, hdg (previously pt 4, Div 3, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.25 Application of this Division (cf previous s 84) This Division applies to complying development. ss 4.25, 4.26 (previously ss 84, 84A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.26 Carrying out of complying development (cf previous s 84A) (1) A person may carry out complying development on land if— (a) the person has been issued with a complying development certificate for the development, and (b) the development is carried out in accordance with— (i) the complying development certificate, and (ii) any provisions of an environmental planning instrument, development control plan or the regulations that applied to the carrying out of the complying development on that land at the time the complying development certificate was issued. (2) An application for a complying development certificate may be made— (a) by the owner of the land on which the development is proposed to be carried out, or (b) by any other person, with the consent of the owner of that land. (3) The regulations may provide for the procedures for making an application, the fees payable in connection with an application and the procedures for dealing with an application. (4) (5) Nothing in this Division prevents a consent authority from considering and determining a development application for the carrying out of complying development. ss 4.25, 4.26 (previously ss 84, 84A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.27 What is a “complying development certificate”? (cf previous s 85) (1) Terms of complying development certificate A complying development certificate is a certificate— (a) that states that particular proposed development is complying development and (if carried out as specified in the certificate) will comply with all development standards applicable to the development and with other requirements prescribed by the regulations concerning the issue of a complying development certificate, and (b) in the case of development involving the erection of a building, that identifies the classification of the building in accordance with the Building Code of Australia . (2) A complying development certificate may indicate different classifications for different parts of the same building. Note. To the extent to which it deals with the classification of a proposed building, a complying development certificate under this Division replaces the statement of classification formerly issued under the regulations under the Local Government Act 1993 . (3) Erection of buildings A complying development certificate that enables the erection of a building is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose is specified in the application for the complying development certificate, subject to section 6.9. Note. Section 6.9 prohibits the occupation or use of a new building unless an occupation certificate has been issued for the building. (4) Subdivision of land A complying development certificate that enables the subdivision of land may authorise the carrying out of any physical activity in, on, under or over land in connection with the subdivision, including the construction of roads and stormwater drainage systems. Note. A plan of subdivision cannot be registered under the Conveyancing Act 1919 unless a subdivision certificate has been issued for the subdivision. (5) Other requirements for complying development certificates The regulations— (a) may impose other requirements concerning the issue of complying development certificates, and (b) may provide for the form in which a complying development certificate is to be issued. (5A) A complying development certificate has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development. (6) For the purposes of this section, development standard includes a provision of a development control plan that would be a development standard, within the meaning of section 1.4, if the provision were in an environmental planning instrument. s 4.27 (previously s 85): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [21]. 4.28 Process for obtaining complying development certificates (cf previous s 85A) (1) An applicant may, in accordance with the regulations, apply to a council or registered certifier for a complying development certificate. (2) The regulations may specify the kind of development for which a registered certifier is not authorised to issue a complying development certificate. (3) Evaluation The council or registered certifier must consider the application and determine— (a) whether or not the proposed development is complying development, and (b) whether or not the proposed development complies with the relevant development standards, and (c) if the proposed development is complying development because of the provisions of a local environmental plan, or a local environmental plan in relation to which the council has made a development control plan, that specifies standards and conditions for the complying development, whether or not the proposed development complies with those standards and conditions. (4) A council or registered certifier must not refuse to issue a complying development certificate on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations. (5) A council, an employee of a council and a registered certifier do not incur any liability as a consequence of acting in accordance with subsection (4). (6) Determination The council or a registered certifier may determine an application— (a) by issuing a complying development certificate, unconditionally or (to the extent required by the regulations, an environmental planning instrument or a development control plan) subject to conditions, or (b) by refusing to issue a complying development certificate. Note. Part 8 provides that there is no right of review or appeal in relation to a determination of, or a failure to determine, an application for a complying development certificate. (7) The council or a registered certifier must not refuse to issue a complying development certificate if the proposed development complies with the development standards applicable to it and complies with other requirements prescribed by the regulations relating to the issue of a complying development certificate. (8) The determination of an application by the council or registered certifier must be completed within the period prescribed by the regulations (or such longer period as may be agreed to by the applicant) after lodgment of the application. (9) In determining the application, the council or the registered certifier must impose a condition that is required to be imposed under Division 7.1 in relation to the complying development. (9A) “Deferred commencement” certificate A complying development certificate may be granted subject to a condition that the certificate is not to operate until the applicant satisfies the council or certifier who issued the certificate, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition. (10) (10A) Payment of long service levy Where a council or registered certifier completes a complying development certificate, that certificate is not to be forwarded or delivered to the applicant, unless any long service levy payable under section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) has been paid. (11) Post-determination notification On the determination of an application for the issue of a complying development certificate— (a) the council or registered certifier must notify the applicant of the determination, and (b) the registered certifier must notify the council of the determination, and (c) if the determination is to issue a complying development certificate, the council or registered certifier must notify any other person, if required to do so by the regulations, in accordance with the regulations. (12) For the purposes of subsection (7), development standard includes a provision of a development control plan that would be a development standard, within the meaning of section 1.4, if the provision were in an environmental planning instrument. s 4.28 (previously s 85A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. 4.29 Duration of complying development certificate (cf previous s 86A) (1) A complying development certificate becomes effective and operates from the date endorsed on the certificate. (2) A complying development certificate lapses 5 years after the date endorsed on the certificate. (3) However, a complying development certificate does not lapse if the development to which it relates is physically commenced on the land to which the certificate applies within the period of 5 years after the date endorsed on the certificate. (4) No proceedings may be taken before a court or tribunal to extend the 5-year period. ss 4.29, 4.30 (previously ss 86A, 87): Renumbered 2017 No 60, Sch 4.2 [1]. 4.30 Modification of complying development (cf previous s 87) (1) A person who has made an application to carry out complying development and a person having the benefit of a complying development certificate may apply to modify the development the subject of the application or certificate. (2) This Division applies to an application to modify development in the same way as it applies to the original application. ss 4.29, 4.30 (previously ss 86A, 87): Renumbered 2017 No 60, Sch 4.2 [1]. 4.31 Validity of complying development certificate Without limiting the powers of the Court under section 9.46(1), the Court may by order under that section declare that a complying development certificate is invalid if— (a) proceedings for the order are brought within 3 months after the issue of the certificate, and (b) the certificate authorises the carrying out of development for which the Court determines that a complying development certificate is not authorised to be issued. s 4.31: Ins 2017 No 60, Sch 4.1 [9]. Division 4.6 Crown development div 4.6, hdg (previously pt 4, Div 4, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.32 Definitions (cf previous s 88) (1) In this Division— applicable Sydney district or regional planning panel for development means the Sydney district or regional planning panel for the part of the State in which the development is to be carried out. Crown development application means a development application made by or on behalf of the Crown. (2) A reference in this Division to the Crown— (a) includes a reference to a person who is prescribed by the regulations to be the Crown for the purposes of this Division, and (b) does not include a reference to— (i) a capacity of the Crown that is prescribed by the regulations not to be the Crown for the purposes of this Division, or (ii) a person who is prescribed by the regulations not to be the Crown for the purposes of this Division. s 4.32 (previously s 88): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2]. 4.33 Determination of Crown development applications (cf previous s 89) (1) A consent authority (other than the Minister) must not— (a) refuse its consent to a Crown development application, except with the approval of the Minister, or (b) impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister. (2) If the consent authority fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the consent authority may refer the application— (a) to the Minister, if the consent authority is not a council, or (b) to the applicable Sydney district or regional planning panel, if the consent authority is a council. (2A) A Crown development application for which the consent authority is a council must not be referred to the Minister unless it is first referred to the applicable Sydney district or regional planning panel. (3) An applicable Sydney district or regional planning panel to which a Crown development application is referred may exercise the functions of the council as a consent authority (subject to subsection (1)) with respect to the application. (4) A decision by a regional panel in determining a Crown development application is taken for all purposes to be the decision of the council. (5) If an applicable Sydney district or regional planning panel fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the panel may refer the application to the Minister. (6) The party that refers an application under this section must notify the other party in writing that the application has been referred. (7) When an application is referred under this section to an applicable Sydney district or regional planning panel or the Minister, the consent authority must, as soon as practicable, submit to the panel or the Minister— (a) a copy of the development application, and (b) details of its proposed determination of the development application, and (c) the reasons for the proposed determination, and (d) any relevant reports of another public authority. (8) An application may be referred by a consent authority or applicable Sydney district or regional planning panel before the end of a relevant period referred to in subsection (2) or (5). s 4.33 (previously s 89): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. 4.34 Directions by Minister (cf previous s 89A) (1) On a referral being made by a consent authority or an applicable Sydney district or regional planning panel, or an applicant, to the Minister under this Division, the Minister may direct the relevant consent authority, within the time specified in the direction— (a) to approve the Crown development application, with or without specified conditions, or (b) to refuse the Crown development application. (2) A consent authority must comply with a direction by the Minister. (3) If the consent authority fails to comply, the consent authority is taken, on the last date for compliance specified in the direction, to have determined the Crown development application in accordance with the Minister’s direction. (4) Despite subsection (2), a consent authority may vary a condition specified by the Minister with the approval of the applicant. s 4.34 (previously s 89A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. 4.35 Modification of Crown development consents (cf previous s 89B) This Division applies to an application made by or on behalf of the Crown under section 4.55 in the same way as it applies to an application for development consent. s 4.35 (previously s 89B): Renumbered 2017 No 60, Sch 4.2 [1]. Division 4.7 State significant development div 4.7, hdg (previously pt 4, Div 4.1, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.36 Development that is State significant development (cf previous s 89C) (1) For the purposes of this Act, State significant development is development that is declared under this section to be State significant development. (2) A State environmental planning policy may declare any development, or any class or description of development, to be State significant development. (3) The Minister may, by a Ministerial planning order, declare specified development on specified land to be State significant development. (3A) The Minister may make a declaration under subsection (3) only if the Minister has obtained and made publicly available advice from the Independent Planning Commission about the State or regional planning significance of the development. (3B) Subsection (3A) does not apply if the development includes residential accommodation. (3C) If the Minister makes a declaration under subsection (3), the Planning Secretary must, as soon as practicable, notify the council for the area in which the specified land is located that the declaration has been made. (4) A State environmental planning policy that declares State significant development may extend the provisions of the policy relating to that development to State significant development declared under subsection (3). Note. See section 5.12(6) and (7) in relation to development that is, but for those provisions, both State significant development and State significant infrastructure. s 4.36 (previously s 89C): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [23]; 2025 No 24, Sch 1[28]. 4.37 Staged State significant development (cf previous s 89D) If a concept development application is made in respect of State significant development— (a) the consent authority may determine that a subsequent stage of the development is to be determined by the relevant council as consent authority, and (b) that stage of the development ceases to be State significant development and that council becomes the consent authority for that stage of the development. s 4.37: Ins 2017 No 60, Sch 4.1 [10]. 4.38 Consent for State significant development (cf previous s 89E) (1) The consent authority is to determine a development application in respect of State significant development by— (a) granting consent to the application with such modifications of the proposed development or on such conditions as the consent authority may determine, or (b) refusing consent to the application. Note. Section 380AA of the Mining Act 1992 provides that an application in respect of State significant development for the mining of coal can only be determined if it is made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) Development consent may not be granted if the development is wholly prohibited by an environmental planning instrument. (3) Development consent may be granted despite the development being partly prohibited by an environmental planning instrument. (4) If part of a single proposed development that is State significant development requires development consent to be carried out and the other part may be carried out without development consent— (a) Division 5.1 does not apply to that other part of the proposed development, and (b) that other part of the proposed development is taken to be development that may not be carried out except with development consent. (4A) The Planning Secretary may determine that particular development does or does not form part of a single proposed development for the purposes of subsection (4). (4B) Subsection (4) does not apply to development that the Planning Secretary determines does not form part of a single proposed development under subsection (4A). (4C) The regulations may provide for the following in relation to a determination made under subsection (4A)— (a) the form and way in which a determination must be made, (b) the procedure for making a determination, including requirements for consultation, (c) the circumstances in which the Planning Secretary may make a determination. (5) A development application in respect of State significant development that is wholly or partly prohibited may be considered in accordance with Division 3.5 in conjunction with a proposed environmental planning instrument to permit the carrying out of the development. The Planning Secretary may (despite anything to the contrary in section 3.32) undertake the functions of the planning proposal authority under Part 3 for a proposed instrument if it is initiated for the purpose of permitting the carrying out of the development (whether or not it contains other provisions). (6) If the determination under section 3.34 (Gateway determination) for a planning proposal declares that the proposed instrument is principally concerned with permitting the carrying out of State significant development that would otherwise be wholly prohibited— (a) the proposed instrument may be made only by the Independent Planning Commission under a delegation from the Minister, and (b) the development application for the carrying out of that development may be determined only by the Independent Planning Commission under a delegation from the Minister. s 4.38 (previously s 89E): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2024 No 91, Sch 1[1]. 4.39 Regulations—State significant development (cf previous s 89G) In addition to any other matters for or with respect to which regulations may be made under this Part, the regulations may make provision for or with respect to the procedures and other matters concerning State significant development, including the following— (a) the environmental impact statements to accompany development applications in respect of State significant development, (b) the requirements for the preparation of those environmental impact statements, including consultation requirements with respect to government agencies and other affected persons, (c) the making of orders under section 4.36(3) declaring specified development to be State significant development, (d) the making of information publicly available relating to development applications in respect of State significant development and the determination of those applications, (e) requiring applicants to provide responses to submissions made on development applications in respect of State significant development. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1]. 4.40 Evaluation of development application (s 4.15) (cf previous s 89H) Section 4.15 applies, subject to this Division, to the determination of the development application. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1]. 4.41 Approvals etc legislation that does not apply (cf previous s 89J) (1) The following authorisations are not required for State significant development that is authorised by a development consent granted after the commencement of this Division (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply)— (a) (b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994 , (c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977 , (d) an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974 , (e) (f) a bush fire safety authority under section 100B of the Rural Fires Act 1997 , (g) a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference approval) under section 91 of the Water Management Act 2000 . (2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of State significant development that is authorised by a development consent granted after the commencement of this Division. (3) A reference in this section to State significant development that is authorised by a development consent granted after the commencement of this Division includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Part in connection with a development application for any such development. s 4.41 (previously s 89J): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [4]. 4.42 Approvals etc legislation that must be applied consistently (cf previous s 89K) (1) An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent— (a) an aquaculture permit under section 144 of the Fisheries Management Act 1994 , (b) an approval under the Coal Mine Subsidence Compensation Act 2017 , section 22, (c) a mining lease under the Mining Act 1992 , Note. Under section 380A of the Mining Act 1992 , a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (d) a production lease under the Petroleum (Onshore) Act 1991 , Note. Under section 24A of the Petroleum (Onshore) Act 1991 , a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act), (f) a consent under section 138 of the Roads Act 1993 , (g) a licence under the Pipelines Act 1967 . (2) This section does not apply to or in respect of— (a) an application for the renewal of an authorisation or a renewed authorisation, or (b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or (c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —any period after the first review of the licence under section 78 of that Act. (3) A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent. (4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation. s 4.42 (previously s 89K): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2022 No 59, Sch 2.18[2]. 4.43 This Division prevails (cf previous s 89L) The provisions of this Division, the regulations under this Division and any other provisions of or made under this Act with respect to State significant development prevail to the extent of any inconsistency with any other provisions of or made under this Act relating to development to which this Part applies. s 4.43 (previously s 89L): Renumbered 2017 No 60, Sch 4.2 [1]. Division 4.8 Integrated development div 4.8, hdg (previously pt 4, Div 5, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.44 Application of this Division (cf previous s 90) (1) This Division applies to integrated development. (2) However, this Division does not apply to development the subject of a development application made by or on behalf of the Crown (within the meaning of Division 4.6), other than development that requires a heritage approval. ss 4.44–4.48 (previously ss 90–92): Renumbered 2017 No 60, Sch 4.2 [1]. 4.45 Definitions (cf previous s 90A) In this Division— approval means a consent, licence, permit, permission or any form of authorisation. approval body means a person who may grant an approval. first renewal of an approval means, in the case of an environment protection licence under the Protection of the Environment Operations Act 1997 , the first review of the licence under section 78. grant an approval includes give or issue an approval. heritage approval means an approval in respect of the doing or carrying out of an act, matter or thing referred to in section 57(1) of the Heritage Act 1977 . ss 4.44–4.48 (previously ss 90–92): Renumbered 2017 No 60, Sch 4.2 [1]. 4.46 What is “integrated development”? (cf previous s 91) (1) Integrated development is development (not being State significant development or complying development) that, in order for it to be carried out, requires development consent and one or more of the following approvals— Act Provision Approval Coal Mine Subsidence Compensation Act 2017 s 22 approval to alter or erect improvements, or to subdivide land, within a mine subsidence district Fisheries Management Act 1994 s 144 aquaculture permit s 201 permit to carry out dredging or reclamation work s 205 permit to cut, remove, damage or destroy marine vegetation on public water land or an aquaculture lease, or on the foreshore of any such land or lease s 219 permit to— (a) set a net, netting or other material, or (b) construct or alter a dam, floodgate, causeway or weir, or (c) otherwise create an obstruction, across or within a bay, inlet, river or creek, or across or around a flat Heritage Act 1977 s 58 approval in respect of the doing or carrying out of an act, matter or thing referred to in s 57(1) Mining Act 1992 ss 63, 64 grant of mining lease National Parks and Wildlife Act 1974 s 90 grant of Aboriginal heritage impact permit Petroleum (Onshore) Act 1991 s 16 grant of production lease Protection of the Environment Operations Act 1997 ss 43(a), 47 and 55 Environment protection licence to authorise carrying out of scheduled development work at any premises. ss 43(b), 48 and 55 Environment protection licence to authorise carrying out of scheduled activities at any premises (excluding any activity described as a “waste activity” but including any activity described as a “waste facility”). ss 43(d), 55 and 122 Environment protection licences to control carrying out of non-scheduled activities for the purposes of regulating water pollution resulting from the activity. Roads Act 1993 s 138 consent to— (a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road Rural Fires Act 1997 s 100B authorisation under section 100B in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes Water Management Act 2000 ss 89, 90, 91 water use approval, water management work approval or activity approval under Part 3 of Chapter 3 (1A) Development is integrated development in respect of a licence that may be granted under the Protection of the Environment Operations Act 1997 to control the carrying out of non-scheduled activities for the purpose of regulating water pollution only if— (a) the development application stipulates that an application for such a licence has been or will be made in respect of the development, or (b) the Environment Protection Authority notifies the consent authority in writing before the development application is granted or refused that an application for such a licence has been or may be made in respect of the development. (2) Development is not integrated development in respect of an Aboriginal heritage impact permit required under Part 6 of the National Parks and Wildlife Act 1974 unless— (a) an Aboriginal object referred to in that Part is known, immediately before the development application is made, to exist on the land to which the development application applies, or (b) the land to which the development application applies is an Aboriginal place within the meaning of that Act immediately before the development application is made. (3) Development is not integrated development in respect of the consent required under section 138 of the Roads Act 1993 if, in order for the development to be carried out, it requires the development consent of a council and the approval of the same council. (4) Development is not integrated development in respect of the approval required under section 57 of the Heritage Act 1977 if the approval that is required is the approval of a council. ss 4.44–4.48 (previously ss 90–92): Renumbered 2017 No 60, Sch 4.2 [1]. 4.47 Development that is integrated development (cf previous s 91A) (1) This section applies to the determination of a development application for development that is integrated development. (2) Before granting development consent to an application for consent to carry out the development, the consent authority must, in accordance with the regulations, obtain from each relevant approval body the general terms of any approval proposed to be granted by the approval body in relation to the development. Nothing in this section requires the consent authority to obtain the general terms of any such approval if the consent authority determines to refuse to grant development consent. (3) A consent granted by the consent authority must be consistent with the general terms of any approval proposed to be granted by the approval body in relation to the development and of which the consent authority is informed. For the purposes of this Part, the consent authority is taken to have power under this Act to impose any condition that the approval body could impose as a condition of its approval. (4) If the approval body informs the consent authority that it will not grant an approval that is required in order for the development to be lawfully carried out, the consent authority must refuse consent to the application. (4A) The Planning Secretary may act on behalf of an approval body for the purposes of informing the consent authority under this section whether or not the approval body will grant the approval, or of the general terms of its approval, if— (a) the Planning Secretary is authorised to do so by the regulations because of the failure of the approval body to do so or because of an inconsistency in the general terms of approval of 2 or more approval bodies, and (b) the Planning Secretary has taken into consideration assessment requirements prescribed by the regulations as State assessment requirements. The decision of the Planning Secretary is taken, for the purposes of this Division, to be the decision of the approval body, unless the approval body has informed the consent authority of its own decision on the matter. (5) If the approval body and the Planning Secretary fail to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval, or of the general terms of its approval— (a) the consent authority may determine the development application, and (b) if the consent authority determines the development application by granting consent— (i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and (ii) an approval granted by the approval body must not be inconsistent with the development consent, and (iii) section 4.50 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority, despite any other Act or law. Note. Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991 , a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (6) If a development application is determined, whether or not by the granting of development consent, the consent authority must notify all relevant approval bodies of the determination. Note. If a dispute arises under this section between a consent authority and an approval body, the dispute may be dealt with under section 10.2. ss 4.44–4.48 (previously ss 90–92): Renumbered 2017 No 60, Sch 4.2 [1]. 4.48 Consent authority may not refuse certain development applications (cf previous s 92) (1) This section applies to the determination by a consent authority of a development application for development that is integrated development for which a heritage approval is required. (2) A consent authority must not refuse development consent on heritage grounds if the same development is the subject of a heritage approval. ss 4.44–4.48 (previously ss 90–92): Renumbered 2017 No 60, Sch 4.2 [1]. 4.49 Effect of giving notice (cf previous s 92A) If, in relation to integrated development— (a) notice of a development application is given under Schedule 1, and (b) the consent authority obtains from an approval body the general terms of any approval proposed to be granted by the approval body in relation to the development or the approval body fails to inform the consent authority, in accordance with the regulations, whether or not it will grant the approval or of the general terms of its approval, and (c) the consent authority determines the application by granting consent, the notice is taken to be notice duly given for the purpose of any law that requires the giving of public notice in relation to an application for the approval of the approval body to that development. s 4.49 (previously s 92A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [24]. 4.50 Granting and modification of approval by approval body (cf previous s 93) (1) Despite any other Act or law, an approval body must, in respect of integrated development for which development consent has been granted following the provision by the approval body of the general terms of the approval proposed to be granted by the approval body in relation to the development, grant approval to any application for approval that is made within 3 years after the date on which the development consent is granted if, within that 3-year period, the development consent has not lapsed or been revoked. Note. Under section 380A of the Mining Act 1992 and section 24A of the Petroleum (Onshore) Act 1991 , a mining lease or production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (2) The approval may be granted subject to conditions that are not inconsistent with the development consent. Neither the provisions of section 4.17(6)–(10) nor the imposition of conditions as to security by the consent authority prevent an approval body from imposing conditions, or additional conditions, as to security. (3) Subsection (1) does not apply to or limit the granting of approval to an application for renewal of an approval. (4) An approval body cannot vary the terms of an approval granted for integrated development for which development consent has been granted before the expiration, lapsing or first renewal of the approval, whichever first occurs, other than to make variations that are not inconsistent with the development consent. (5) Subsection (4) does not prevent— (a) the modification, in accordance with section 4.55 or 4.57, of the development consent at any time, or (b) if a development consent is modified as referred to in paragraph (a) before the expiration, lapsing or first renewal, whichever first occurs, of the approval, the modification in accordance with law of the approval to any necessary consequential extent, or (c) the exercise by the approval body of any of its other functions, such as the issuing of orders, the suspension or cancellation of an approval or the prosecution of offences. ss 4.50–4.52 (previously ss 93–93B): Renumbered 2017 No 60, Sch 4.2 [1]. 4.51 Effect of approval if the approval body is also a concurrence authority (cf previous s 93A) If the concurrence of a person who is also an approval body is required before a consent authority may grant a development consent, the granting of the general terms of its approval is taken to also grant the concurrence provided that the matters to be considered in granting the general terms of its approval are the same as those required to be considered in deciding whether or not to grant the concurrence. ss 4.50–4.52 (previously ss 93–93B): Renumbered 2017 No 60, Sch 4.2 [1]. 4.52 Rights of appeal (cf previous s 93B) (1) Applicant’s appeal rights This Division does not affect any right of objection, appeal or review conferred on an applicant for an approval under the Act that provides for the granting of the approval, except as provided by subsection (2). (2) Restriction on appellate body Despite any other Act or law, section 4.50 applies to a person, court or tribunal that deals with an objection, appeal or review referred to in this section in the same way as it applies to an approval body. ss 4.50–4.52 (previously ss 93–93B): Renumbered 2017 No 60, Sch 4.2 [1]. Division 4.9 Post-consent provisions div 4.9, hdg (previously pt 4, Div 7, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.53 Lapsing of consent (cf previous s 95) (1) A development consent lapses— (a) 5 years after the date from which it operates if the development consent commences operation after the prescribed period, or (b) 5 years after the date from which it operates if the development consent commences operation during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if the development consent commenced operation before, and has not lapsed at, the commencement of the prescribed period. (2) A consent authority may reduce a period specified in subsection (1)(a) or (b) in granting development consent. (3) Subsection (2) does not— (a) apply to development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or (b) authorise a reduction to be made that would cause— (i) a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or (ii) a development consent that commences operation during the prescribed period to lapse within 5 years after the date from which the consent operates, or (iii) a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent. (3A) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (1)(c)— (a) the development consent is taken not to have lapsed, and (b) subsection (1)(c) applies to the development consent. (4) Development consent for— (a) the erection of a building, or (b) the subdivision of land, or (c) the carrying out of a work, does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section. (5) Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of that consent is actually commenced before the date on which the consent would otherwise lapse. (6) Despite any other provision of this section, a development consent that is subject to a deferred commencement condition under section 4.16(3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within— (a) 5 years after the grant of consent if the consent is granted after the prescribed period, or (b) 5 years after the grant of consent if the consent is granted during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if— (i) the grant of consent was before the commencement of the prescribed period, and (ii) the development consent has not lapsed at that commencement. (6A) A consent authority may reduce a period specified in subsection (6)(a) or (b) in granting development consent. (6B) Subsection (6A) does not authorise a reduction to be made that would cause a development consent granted during the prescribed period to lapse within 5 years after the date on which it was granted. (6C) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (6)(c)— (a) the development consent is taken not to have lapsed, and (b) subsection (6)(c) applies to the development consent. (7) The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section. (8) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022. s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. 4.54 Extension of lapsing period for 1 year (cf previous s 95A) (1) If, in granting a development consent, the consent authority reduces the period after which the consent lapses to less than 5 years, the applicant or any other person entitled to act on the consent may apply to the consent authority, before the period expires, for an extension of 1 year. (2) The consent authority may grant the extension if satisfied that the applicant has shown good cause. (3) (4) An extension of 1 year granted under this section commences to run from the later of the following— (a) the date on which the consent would have lapsed but for the extension, (b) the date on which the consent authority granted the extension or, if the Court has allowed the extension in determining an appeal, the date on which the Court determined the appeal. (5) This section does not apply to complying development. s 4.54 (previously s 95A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.55 Modification of consents—generally (cf previous s 96) (1) Modifications involving minor error, misdescription or miscalculation A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify a development consent granted by it to correct a minor error, misdescription or miscalculation. Subsections (1A), (2), (3), (5) and (6) and Part 8 do not apply to such a modification. Note. Section 380AA of the Mining Act 1992 provides that an application for modification of development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (1A) Modifications involving no or minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if— (a) it is satisfied that the proposed modification is of no or minimal environmental impact, and (b) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1) and (2) do not apply to such a modification. (2) Other modifications A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if— (a) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and (b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and (c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1) and (1A) do not apply to such a modification. (3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified. (4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified. (5) To avoid doubt, a consent authority is not prevented from modifying a consent under subsection (1A) or (2) merely because the modification only modifies a condition of consent and would not result in a change to the development the subject of the consent. (6) Deemed refusals The regulations may make provision for or with respect to the following— (a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent, (b) the effect of any such deemed determination on the power of a consent authority to determine any such application, (c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act. (6A), (7) (8) Modifications by the Court The provisions of this section extend, subject to the regulations, to enable the Court to modify a consent granted by it but, in the extension of those provisions, the functions imposed on a consent authority under subsection (1A)(c) or subsection (2)(b) and (c) are to be exercised by the relevant consent authority and not the Court. s 4.55 (previously s 96): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]. 4.56 Modification by consent authorities of consents granted by the Court (cf previous s 96AA) (1) A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if— (a) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (b) it has notified the application in accordance with— (i) the regulations, if the regulations so require, and (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (c) it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. (1A) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified. (1B) To avoid doubt, a consent authority is not prevented from modifying a consent under this section merely because the modification only modifies a condition of consent and would not result in a change to the development the subject of the consent. (1C) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified. (2) After determining an application for modification of a consent under this section, the consent authority must send a notice of its determination to each person who made a submission in respect of the application for modification. (3) The regulations may make provision for or with respect to the following— (a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent, (b) the effect of any such deemed determination on the power of a consent authority to determine any such application, (c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act. (4) s 4.56 (previously s 96AA): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]. 4.57 Revocation or modification of development consent (cf previous s 96A) (1) If at any time it appears to— (a) the Planning Secretary, having regard to the provisions of any proposed State environmental planning policy, or (b) a council (being the consent authority in relation to the development application referred to in this subsection), having regard to the provisions of any proposed local environmental plan, that any development for which consent under this Division is in force in relation to a development application should not be carried out or completed, or should not be carried out or completed except with modifications, the Planning Secretary or council may, by instrument in writing, revoke or modify that consent. (2) This section applies to complying development for which a complying development certificate has been issued in the same way as it applies to development for which development consent has been granted and so applies to enable a council to revoke or modify a complying development certificate whether the certificate was issued by the council or by a registered certifier. (3) Before revoking or modifying the consent, the Planning Secretary or council must— (a) by notice in writing inform, in accordance with the regulations— (i) each person who in the Planning Secretary’s or council’s opinion will be adversely affected by the revocation or modification of the consent, and (ii) such persons as may be prescribed by the regulations, of the intention to revoke or modify the consent, and (b) afford each such person the opportunity of appearing before the Planning Secretary or council, or a person appointed by the Planning Secretary or council, to show cause why the revocation or modification should not be effected. (4) The revocation or modification of a development consent takes effect, subject to this section, from the date on which the instrument referred to in subsection (1) is served on the owner of the land to which the consent applies. (5), (6) (7) If a development consent is revoked or modified under this section, a person aggrieved by the revocation or modification is entitled to recover from— (a) the Government of New South Wales—if the Planning Secretary is responsible for the issue of the instrument of revocation or modification, or (b) the council—if the council is responsible for the issue of that instrument, compensation for expenditure incurred pursuant to the consent during the period between the date on which the consent becomes effective and the date of service of the notice under subsection (3) which expenditure is rendered abortive by the revocation or modification of that consent. (8) The Planning Secretary or council must, on or as soon as practicable after the date on which the instrument referred to in subsection (1) is served on the owner of the land referred to in subsection (4), cause a copy of the instrument to be sent to each person who is, in the Planning Secretary’s or council’s opinion, likely to be disadvantaged by the revocation or modification of the consent. (9) This section does not apply to or in respect of a consent granted by the Court or by the Minister. s 4.57 (previously s 96A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4]. Division 4.10 Miscellaneous Part 4 provisions div 4.10, hdg (previously pt 4, Div 9, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.58 Register of consents and certificates (cf previous s 100) (1) A council must, in the prescribed form and manner (if any), keep a register of— (a) applications for development consent, and (b) the determination of applications for development consent (including the terms of development consents granted under this Part), and (c) the determination of applications for complying development certificates (including the terms of complying development certificates issued under this Part), and (d) decisions on appeal from any determination made under this Part. (2) The register is to be available for public inspection, without charge, at the office of the council during ordinary office hours. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.59 Validity of development consents and complying development certificates (cf previous s 101) If public notice of the granting of a consent or a complying development certificate is given in accordance with the regulations by a consent authority or a certifier, the validity of the consent or certificate cannot be questioned in any legal proceedings except those commenced in the Court by any person at any time before the expiration of 3 months from the date on which public notice was so given. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.60 Non-compliance with certain provisions regarding State significant development (cf previous s 102) (1) This section applies to a development consent granted, or purporting to be granted, by the Minister, before or after the commencement of this section. (2) The only requirements of this Act that are mandatory in connection with the validity of a development consent to which subsection (1) applies are as follows— (a) A requirement that a development application to carry out State significant development or designated development and its accompanying information be publicly exhibited for the minimum period of time. (b) A requirement that a development application to carry out development, being development, other than State significant development or designated development, to which some or all of the provisions of sections 4.25, 4.27, 86, 4.30(1) and 4.44, as in force immediately before the commencement of this section, applied by virtue of an environmental planning instrument, as referred to in section 3.18(4), as then in force, be publicly exhibited for the minimum period of time. (c) ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.61 Revocation or regrant of development consents after order of Court (cf previous s 103) (1) This section applies to a development consent granted, or purporting to be granted, by a consent authority, to which an order of suspension applies under section 25B of the Land and Environment Court Act 1979 . (2) The consent authority may revoke a development consent to which this section applies, whether or not the terms imposed by the Court under section 25B of the Land and Environment Court Act 1979 have been complied with. (3) However, if the terms imposed by the Court have been substantially complied with, the consent authority may revoke the development consent to which this section applies and grant a new development consent with such alterations to the revoked consent as the consent authority thinks appropriate having regard to the terms themselves and to any matters arising in the course of complying with the terms. Such a grant of a development consent is referred to as a regrant of the consent. (4) No preliminary steps need be taken with regard to the regrant of a development consent under this section, other than those that are required to secure compliance with those terms. (5) Section 4.18 and such other provisions of this Act as may be prescribed by the regulations apply to development consents regranted under this section. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.62 Appeals and other provisions relating to development consents after order of Court (cf previous s 104) (1) A development consent declared to be valid under section 25C of the Land and Environment Court Act 1979 — (a) is final and the provisions of Part 8 do not apply to or in respect of it, and (b) is operative as from the date the development consent originally took effect or purported to take effect, unless the Court otherwise orders. (2) A development consent declared under section 25C of the Land and Environment Court Act 1979 to be validly regranted— (a) is final and the provisions of Part 8 do not apply to or in respect of it, and (b) takes effect from the date of the declaration or another date specified by the Court. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.63 Voluntary surrender of development consent (cf previous s 104A) (1) A development consent may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the consent. (2) A development consent may be surrendered under this section even if, on an appeal under Part 8, the consent has ceased to be, or does not become, effective. (3) If a development consent is to be surrendered as a condition of a new development consent and the development to be authorised by that new development consent includes the continuation of any of the development authorised by the consent to be surrendered— (a) the consent authority is not required to re-assess the likely impact of the continued development to the extent that it could have been carried out but for the surrender of the consent, and (b) the consent authority is not required to re-determine whether to authorise that continued development under the new development consent (or the manner in which it is to be carried out), and (c) the consent authority may modify the manner in which that continued development is to be carried out for the purpose of the consolidation of the development consents applying to the land concerned. In this subsection, a reference to a development consent that is to be surrendered includes a reference to the surrender of a development consent under section 4.17(5) or the surrender of an approval given under Part 3A when that Part was in force or continued in operation. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.64 Regulations—Part 4 (cf previous s 105) (1) In addition to any other matters for or with respect to which regulations may be made for the purposes of this Part, the regulations may make provision for or with respect to the following— (a) any matter that is necessary or convenient to be done before making a development application, (b) the persons who may make development applications, (c) the making, consideration and determination of development applications that are made by or on behalf of the Crown, public authorities and persons prescribed by the regulations, (c1) requiring the New South Wales Aboriginal Land Council to consent to applications for the modification of development consents relating to land owned by Local Aboriginal Land Councils, (d) the form of development applications, (e) the documents and information required to accompany development applications, including documents that will assist the consent authority in assessing the environmental effects of development, (f) the fees for development applications, (f1) the reimbursement of the costs incurred by councils in investigating and enforcing compliance with the requirements of this Act relating to development requiring consent (including complying development) by a levy on applicants making development applications and the procedures for the imposition and collection of the levies, (f2) authorising officers of a council to suspend the carrying out of work under a complying development certificate (for a period not exceeding 7 days) pending an investigation into compliance of the work with applicable development standards, (g) the notification and advertising of development applications (and proposed development), (h) the form and contents of notices of development applications, the manner of giving notices and the persons to whom notices are to be given, (i) the requirement for consultation with, or obtaining the concurrence of, the Planning Secretary, public authorities and other persons concerning proposed development, (j) the preparation, contents, form and submission of environmental impact statements and statements of environmental effects, (k) the documents and information required to accompany statements of environmental effects and environmental impact statements, (l) the making of submissions, by way of objection or otherwise, with respect to proposed development and the consideration of submissions, (m) the holding of inquiries into proposed development, (n) (n1) authorising a consent authority or council to impose a fee with respect to the lodging of any complying development certificate with it, whether pursuant to a requirement made by or under this Act or otherwise, (o) procedures concerning integrated development, (p), (p1) (q) the modification of development consents, including the fees for applications for modification, (r) the periods within which specified aspects of the environmental planning control process must be completed and the variation of those periods, (s) the effect of a failure to comply with any requirement of the regulations, (t) the notification of applicants and persons making submissions (including by way of objection) of the determination of development applications, reasons for the determinations and any rights of appeal. (2) (3) The regulations may provide for the accreditation of building products and systems, including the following— (a) applications for accreditation, (b) the determination of applications for accreditation, (c) revocation of accreditation, (d) extension or renewal of accreditation, (e) the adoption, application or incorporation (whether with or without modification) of a scheme of accreditation (however described) of building products and systems, (f) the notification of consent authorities of information concerning accreditation (including accreditation referred to in paragraph (e)). (4) The regulations may provide for the adoption and application of the Building Code of Australia . (5), (6) s 4.64 (previously s 105): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6]. Division 4.11 Existing uses div 4.11, hdg (previously pt 4, Div 10, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.65 Definition of “existing use” (cf previous s 106) In this Division, existing use means— (a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for this Division, have the effect of prohibiting that use, and (b) the use of a building, work or land— (i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and (ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse. s 4.65 (previously s 106): Renumbered 2017 No 60, Sch 4.2 [1]. 4.66 Continuance of and limitations on existing use (cf previous s 107) (1) Except where expressly provided in this Act, nothing in this Act or an environmental planning instrument prevents the continuance of an existing use. (2) Nothing in subsection (1) authorises— (a) any alteration or extension to or rebuilding of a building or work, or (b) any increase in the area of the use made of a building, work or land from the area actually physically and lawfully used immediately before the coming into operation of the instrument therein mentioned, or (c) without affecting paragraph (a) or (b), any enlargement or expansion or intensification of an existing use, or (d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 4.17(1)(b), or (e) the continuance of the use therein mentioned where that use is abandoned. (3) Without limiting the generality of subsection (2)(e), a use is to be presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months. (4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years. s 4.66 (previously s 107): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]. 4.67 Regulations respecting existing use (cf previous s 108) (1) The regulations may make provision for or with respect to existing use and, in particular, for or with respect to— (a) the carrying out of alterations or extensions to or the rebuilding of a building or work being used for an existing use, and (b) the change of an existing use to another use, and (c) the enlargement or expansion or intensification of an existing use. (d) (2) The provisions (in this section referred to as the incorporated provisions ) of any regulations in force for the purposes of subsection (1) are taken to be incorporated in every environmental planning instrument. (3) An environmental planning instrument may, in accordance with this Act, contain provisions extending, expanding or supplementing the incorporated provisions, but any provisions (other than incorporated provisions) in such an instrument that, but for this subsection, would derogate or have the effect of derogating from the incorporated provisions have no force or effect while the incorporated provisions remain in force. (4) Any right or authority granted by the incorporated provisions or any provisions of an environmental planning instrument extending, expanding or supplementing the incorporated provisions do not apply to or in respect of an existing use which commenced pursuant to a consent of the Minister under section 4.33 to a development application for consent to carry out prohibited development. s 4.67 (previously s 108): Renumbered 2017 No 60, Sch 4.2 [1]. 4.68 Continuance of and limitations on other lawful uses (cf previous s 109) (1) Nothing in an environmental planning instrument operates so as to require consent to be obtained under this Act for the continuance of a use of a building, work or land for a lawful purpose for which it was being used immediately before the coming into force of the instrument or so as to prevent the continuance of that use except with consent under this Act being obtained. (2) Nothing in subsection (1) authorises— (a) any alteration or extension to or rebuilding of a building or work, or (b) any increase in the area of the use made of a building, work or land from the area actually physically and lawfully used immediately before the coming into operation of the instrument therein mentioned, or (c) without affecting paragraph (a) or (b), any enlargement or expansion or intensification of the use therein mentioned, or (d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 4.17(1)(b), or (e) the continuance of the use therein mentioned where that use is abandoned. (3) Without limiting the generality of subsection (2)(e), a use is presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months. (4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years. s 4.68 (previously s 109): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]. 4.69 Uses unlawfully commenced (cf previous s 109A) (1) The use of a building, work or land which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except— (a) the commencement of an environmental planning instrument which permits the use without the necessity for consent under this Act being obtained therefor, or (b) the granting of development consent to that use. (2) The continuation of a use of a building, work or land that was unlawfully commenced is, and is taken always to have been, development of the land within the meaning of and for the purposes of any deemed environmental planning instrument applying, or which at any time applied, to or in respect of the building, work or land. s 4.69 (previously s 109A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [26]. 4.70 Saving of effect of existing consents (cf previous s 109B) (1) Nothing in an environmental planning instrument prohibits, or requires a further development consent to authorise, the carrying out of development in accordance with a consent that has been granted and is in force. (2) This section— (a) applies to consents lawfully granted before or after the commencement of this Act, and (b) does not prevent the lapsing, revocation or modification, in accordance with this Act, of a consent, and (c) has effect despite anything to the contrary in section 4.66 or 4.68. (3) This section is taken to have commenced on the commencement of this Act. s 4.70 (previously s 109B): Renumbered 2017 No 60, Sch 4.2 [1].

Consent authority div 4.2: Ins 2017 No 60, Sch 4.1 [4]. 4.5 Designation of consent authority For the purposes of this Act, the consent authority is as follows— (a) in the case of State significant development—the Independent Planning Commission (if the development is of a kind for which the Commission is declared the consent authority by an environmental planning instrument) or the Minister (if the development is not of that kind), (b) in the case of development of a kind that is declared by an environmental planning instrument as regionally significant development—the Sydney district or regional planning panel for the area in which the development is to be carried out, (c) in the case of development of a kind that is declared by an environmental planning instrument as development for which a public authority (other than a council) is the consent authority—that public authority, (d) in the case of any other development—the council of the area in which the development is to be carried out. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.6 Provisions relating to Independent Planning Commission The following consent authority functions of the Independent Planning Commission are to be exercised by the Planning Secretary on behalf of the Commission— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the Commission (but without limiting the assessments that the Commission may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the Commission, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.7 Provisions relating to Sydney district or regional planning panels (1) Development of the following kind cannot be declared as regionally significant development for which a Sydney district or regional planning panel is the consent authority— (a) complying development, (b) development for which development consent is not required, (c) development that is State significant development, (d) development for which a person or body other than a council is the consent authority, (e) development within the City of Sydney. (2) The following consent authority functions of a Sydney district or regional planning panel are to be exercised on behalf of the panel by the council of the area in which the proposed development is to be carried out— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the panel (but without limiting the assessments that the panel may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the panel, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4]. 4.8 Exercise of consent authority functions on behalf of councils where local planning panel constituted (cf previous s 23I) (1) This section applies in respect of an area of a council for which a local planning panel has been constituted. (2) The functions of a council as a consent authority in respect of any such area are not exercisable by the councillors. They are exercisable on behalf of the council by— (a) the local planning panel, or (b) an officer or employee of the council to whom the council delegates those functions. (3) The Minister may give directions to councils under section 9.1 (either to particular councils or to councils generally) on the development applications that are to be determined on behalf of the council by a local planning panel. (4) For the purposes of this section, the functions of a council as consent authority include— (a) the determination of development applications, and (b) without limiting paragraph (a), the functions of a consent authority under Divisions 4.3 and 4.4 and sections 4.34, 4.54(2), 4.56(2), 4.57, 7.7, 7.11, 7.12, 7.13, 7.14, 7.15, 7.28 and 7.32, and (c) the functions of a consent authority or council under this Act or any other Act that relate to the carrying out of development (including the making of development applications) and that are declared by the regulations to be functions of a council as consent authority, but do not include the functions of a consent authority or council that the regulations declare are not the functions of a council as consent authority. (5) In this section, development applications includes applications to modify development consents. s 4.8: Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1].

Designation of consent authority For the purposes of this Act, the consent authority is as follows— (a) in the case of State significant development—the Independent Planning Commission (if the development is of a kind for which the Commission is declared the consent authority by an environmental planning instrument) or the Minister (if the development is not of that kind), (b) in the case of development of a kind that is declared by an environmental planning instrument as regionally significant development—the Sydney district or regional planning panel for the area in which the development is to be carried out, (c) in the case of development of a kind that is declared by an environmental planning instrument as development for which a public authority (other than a council) is the consent authority—that public authority, (d) in the case of any other development—the council of the area in which the development is to be carried out. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4].

Provisions relating to Independent Planning Commission The following consent authority functions of the Independent Planning Commission are to be exercised by the Planning Secretary on behalf of the Commission— (a) receiving development applications and determining and receiving fees for the applications, (b) undertaking assessments of the proposed development and providing them to the Commission (but without limiting the assessments that the Commission may undertake), (c) obtaining any concurrence, and undertaking any consultation, that the consent authority is required to obtain or undertake, (d) carrying out the community participation requirements of Division 2.6, (e) notifying or registering the determinations of the Commission, (f) the functions under section 4.17 in relation to the provision of security, (g) the determination of applications to extend the period before consents lapse, (h) any other function prescribed by the regulations. ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4].

Provisions relating to Sydney district or regional planning panels ss 4.5–4.7: Ins 2017 No 60, Sch 4.1 [4].

Development that needs consent (except complying development) div 4.3, hdg (previously pt 4, Div 2, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.9 Application of Division (cf previous s 77) This Division— (a) applies to development that may not be carried out except with development consent, but (b) does not apply to complying development. Note. Under this Part, the procedures by which development consent is obtained differ according to whether the development— (a) is or is not State significant development, and (b) is or is not designated development (which it may be declared to be by an environmental planning instrument or the regulations), and (c) is or is not integrated development (see Division 4.8). ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.10 Designated development (cf previous s 77A) (1) Designated development is development that is declared to be designated development by an environmental planning instrument or the regulations. (2) Designated development does not include State significant development despite any such declaration. ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.11 The development consent process—the main steps (cf previous s 78) The main steps in the development consent process are set out in sections 4.12–4.18 and in the regulations made for the purposes of this Part. ss 4.9–4.11 (previously ss 77–78): Renumbered 2017 No 60, Sch 4.2 [1]. 4.12 Application (cf previous s 78A) (1) A person may, subject to the regulations, apply to a consent authority for consent to carry out development. Note. Section 380AA of the Mining Act 1992 provides that an application for development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) A single application may be made in respect of one or more of the types of development referred to in paragraphs (a)–(f) of the definition of development in section 1.5(1). (3) If the consent authority is a council, a person (other than the Crown or a person acting on behalf of the Crown) may, in the same development application, apply for development consent and approval for anything that requires approval under the following provisions of the Table to section 68 of the Local Government Act 1993 , namely— paragraph 1 of Part A paragraph 1–6 of Part B paragraph 1–5 of Part C paragraph 1 of Part E paragraph 1–5 or 10 of Part F. (4) In determining a development application to which subsection (3) applies, the council may apply any of the provisions of or under the Local Government Act 1993 that it could apply if the development application were an application under that Act for the relevant approval. In particular, if development consent is granted, the council may impose a condition that is authorised under that Act to be imposed as a condition of an approval. (5) If development consent is granted to a development application to which subsection (3) applies, the council is taken to have granted the relevant approval under the Local Government Act 1993 that authorises the activity, but that Act has no application to the approval so taken to have been granted. (6) In granting development consent to a development application to which subsection (3) applies, the council may, without limiting any other condition it may impose, impose, in relation to the approval taken to have been granted under the Local Government Act 1993 , either or both of the following conditions— (a) a condition that the approval is granted only to the applicant and does not attach to or run with the land to which it applies, (b) a condition that the approval is granted for a specified time. (6A) A reference to a council in subsections (3)–(6) includes a reference to a Sydney district or regional planning panel, or a local planning panel or delegate, that has the function of determining the development application. (7) A development application cannot be made in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ) unless any consent to the development required under that Act has been obtained. (8) A development application for State significant development or designated development is to be accompanied by an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations. (8A) (9) The regulations may specify other things that are required to be submitted with a development application. s 4.12 (previously s 78A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16]. 4.13 Consultation and concurrence (cf previous s 79B) (1) General If, by an environmental planning instrument, the consent authority, before determining the development application, is required to consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, consult with or obtain the concurrence of the person, unless the consent authority determines to refuse to grant development consent. Note. See also section 48 of the Dams Safety Act 2015 which requires the consent authority, before granting development consent for carrying out mining operations in a notification area declared under that section, to refer the application to Dams Safety NSW and to take into consideration any matters raised by Dams Safety NSW. (2) However, if, by an environmental planning instrument, the Minister, before determining a development application, is required to obtain the concurrence of a person, the Minister is required only to consult with the person. (2A) State significant development—exclusion This section does not apply to State significant development unless the requirement of an environmental planning instrument for consultation or concurrence specifies that it applies to State significant development. (3)–(7) (8) Granting or refusal of concurrence A person whose concurrence to development is required may— (a) grant concurrence to the development, either unconditionally or subject to conditions, or (b) refuse concurrence to the development. In deciding whether to grant concurrence, the person must take into consideration only the matters stated pursuant to section 3.18(3) and applicable to the development. (8A), (8B) (9) Giving effect to concurrence A consent authority that grants consent to the carrying out of development for which a concurrence has been granted must grant the consent subject to any conditions of the concurrence. This does not affect the right of the consent authority to impose conditions under section 4.17 not inconsistent with the conditions of the concurrence or to refuse consent. (10) Avoidance of consents subject to concurrence If, by an environmental planning instrument, a development application may not be determined by the granting of consent without the concurrence of a specified person, a consent granted— (a) without that concurrence, or (b) not subject to any conditions of the concurrence, is, subject to sections 4.60–4.62, voidable. (11) However, if the specified person fails to inform the consent authority of the decision concerning concurrence within the time allowed for doing so, the consent authority may determine the development application without the concurrence of the specified person and a development consent so granted is not voidable on that ground. (12) Nothing in this section affects any liability of a consent authority in respect of a consent granted as referred to in subsection (10)(a) or (b). s 4.13 (previously s 79B): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1. 4.14 Consultation and development consent—certain bush fire prone land (cf previous s 79BA) (1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land (being land for the time being recorded as bush fire prone land on a relevant map certified under section 10.3(2)) unless the consent authority— (a) is satisfied that the development conforms to the specifications and requirements of the version (as prescribed by the regulations) of the document entitled Planning for Bush Fire Protection prepared by the NSW Rural Fire Service in co-operation with the Department (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development ( the relevant specifications and requirements ), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. (1B) This section does not apply to State significant development. (1C) The regulations may exclude development from the application of this section subject to compliance with any requirements of the regulations. The regulations may (without limiting the requirements that may be made)— (a) require the issue of a certificate by the Commissioner of the NSW Rural Fire Service or other qualified person in relation to the bush fire risk of the land concerned, and (b) authorise the payment of a fee for the issue of any such certificate. (2) In this section— special fire protection purpose has the same meaning as it has in section 100B of the Rural Fires Act 1997 . s 4.14 (previously s 79BA): Renumbered 2017 No 60, Sch 4.2 [1]. 4.15 Evaluation (cf previous s 79C) (1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application— (a) the provisions of— (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), (v) that apply to the land to which the development application relates, (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest. (2) Compliance with non-discretionary development standards—development other than complying development If an environmental planning instrument or a regulation contains non-discretionary development standards and development, not being complying development, the subject of a development application complies with those standards, the consent authority— (a) is not entitled to take those standards into further consideration in determining the development application, and (b) must not refuse the application on the ground that the development does not comply with those standards, and (c) must not impose a condition of consent that has the same, or substantially the same, effect as those standards but is more onerous than those standards, and the discretion of the consent authority under this section and section 4.16 is limited accordingly. (3) If an environmental planning instrument or a regulation contains non-discretionary development standards and development the subject of a development application does not comply with those standards— (a) subsection (2) does not apply and the discretion of the consent authority under this section and section 4.16 is not limited as referred to in that subsection, and (b) a provision of an environmental planning instrument that allows flexibility in the application of a development standard may be applied to the non-discretionary development standard. Note. The application of non-discretionary development standards to complying development is dealt with in section 4.28(3) and (4). (3A) Development control plans If a development control plan contains provisions that relate to the development that is the subject of a development application, the consent authority— (a) if those provisions set standards with respect to an aspect of the development and the development application complies with those standards—is not to require more onerous standards with respect to that aspect of the development, and (b) if those provisions set standards with respect to an aspect of the development and the development application does not comply with those standards—is to be flexible in applying those provisions and allow reasonable alternative solutions that achieve the objects of those standards for dealing with that aspect of the development, and (c) may consider those provisions only in connection with the assessment of that development application. In this subsection, standards include performance criteria. (4) Consent where an accreditation is in force A consent authority must not refuse to grant consent to development on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations. (5) A consent authority and an employee of a consent authority do not incur any liability as a consequence of acting in accordance with subsection (4). (6) Definitions In this section— (a) reference to development extends to include a reference to the building, work, use or land proposed to be erected, carried out, undertaken or subdivided, respectively, pursuant to the grant of consent to a development application, and (b) non-discretionary development standards means development standards that are identified in an environmental planning instrument or a regulation as non-discretionary development standards. s 4.15 (previously s 79C): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [1] [2]. Am 2018 No 25, Sch 4 [5] [17]. 4.16 Determination (cf previous s 80) (1) General A consent authority is to determine a development application by— (a) granting consent to the application, either unconditionally or subject to conditions, or (b) refusing consent to the application. (2) Despite subsection (1), the consent authority must refuse an application for development, being the subdivision of land, that would, if carried out, result in a contravention of this Act, an environmental planning instrument or the regulations, whether arising in relation to that or any other development. (3) “Deferred commencement” consent A development consent may be granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition. (4) Total or partial consent A development consent may be granted— (a) for the development for which the consent is sought, or (b) for that development, except for a specified part or aspect of that development, or (c) for a specified part or aspect of that development. (5) The consent authority is not required to refuse consent to any specified part or aspect of development for which development consent is not initially granted under subsection (4), but development consent may subsequently be granted for that part or aspect of the development. Note. See also Division 4.4 for special procedures concerning concept development applications. (6) Restrictions on determination of development applications involving Independent Planning Commission If a consent authority (other than the Minister) has received notice that the Minister has requested that a review (with or without a public hearing) be conducted by the Independent Planning Commission in relation to all or any part of the development the subject of a development application, the consent authority must not determine the development application until— (a) the review has been conducted, and (b) the consent authority has considered the findings and recommendations of the Independent Planning Commission and any comments made by the Minister that accompanied those findings and recommendations when they were forwarded to the consent authority. (7) If the Minister has requested that a review (with or without a public hearing) be conducted by the Independent Planning Commission in relation to all or any part of the development the subject of a development application for which the Minister is the consent authority, the Minister must not determine the development application until— (a) the review has been conducted, and (b) the Minister has considered the findings and recommendations of the Independent Planning Commission. (8) (9) Restrictions on determination of development applications for designated development A consent authority must not determine a development application for designated development— (a) until after the submission period (within the meaning of Schedule 1) has expired, or (b) if a submission is made with respect to the application within the submission period, until after 21 days following the date on which a copy of the submission is forwarded to the Planning Secretary have expired. (10) Subsection (9)(b) does not apply— (a) to a consent authority being the Minister or the Planning Secretary, or (b) if the Planning Secretary has waived the requirement that submissions be forwarded to the Planning Secretary for a specified development application or for a specified class of development applications. (10A) (11) Other restrictions on determination of development applications The regulations may specify other matters of a procedural nature that are to be complied with before a development application may be determined. (12) Effect of issuing construction certificate If a consent authority or a registered certifier issues a construction certificate, the construction certificate and any approved plans and specifications issued with respect to that construction certificate, together with any variations to the construction certificate or plans and specifications that are effected in accordance with this Act or the regulations, are taken to form part of the relevant development consent (other than for the purposes of section 4.55). (13), (14) s 4.16 (previously s 80): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [18]; 2018 No 63, Sch 3.3[4]. 4.17 Imposition of conditions (cf previous s 80A) (1) Conditions—generally A condition of development consent may be imposed if— (a) it relates to any matter referred to in section 4.15(1) of relevance to the development the subject of the consent, or (b) it requires the modification or surrender of a consent granted under this Act or a right conferred by Division 4.11 in relation to the land to which the development application relates, or (c) it requires the modification or cessation of development (including the removal of buildings and works used in connection with that development) carried out on land (whether or not being land to which the development application relates), or (d) it limits the period during which development may be carried out in accordance with the consent so granted, or (e) it requires the removal of buildings and works (or any part of them) at the expiration of the period referred to in paragraph (d), or (f) it requires the carrying out of works (whether or not being works on land to which the application relates) relating to any matter referred to in section 4.15(1) applicable to the development the subject of the consent, or (g) it modifies details of the development the subject of the development application, or (h) it is authorised to be imposed under the following— (i) section 4.16(3) or (5), (ii) subsections (5)–(9) of this section, (iii) section 7.11 or 7.12, (iv) Division 7.1, Subdivision 4, (v) section 7.32. (2) Ancillary aspects of development A consent may be granted subject to a condition that a specified aspect of the development that is ancillary to the core purpose of the development is to be carried out to the satisfaction, determined in accordance with the regulations, of the consent authority or a person specified by the consent authority. (3) A consent authority that has not determined a request to indicate whether a specified aspect of development has been carried out to the satisfaction of the consent authority, or a person specified by the consent authority, within the relevant period, prescribed by the regulations, applicable to the aspect or the development is, for the purpose only of section 8.7, taken to have determined the request by indicating that it, or the person, is not satisfied as to the specified aspect. (4) Conditions expressed in terms of outcomes or objectives A consent may be granted subject to a condition expressed in a manner that identifies both of the following— (a) one or more express outcomes or objectives that the development or a specified part or aspect of the development must achieve, (b) clear criteria against which achievement of the outcome or objective must be assessed. (4A) Conditions replaced by other legislative controls A development consent for the carrying out of development may be granted subject to specified conditions that cease to have effect on the issue of an authorisation under another Act relating to that development (or any part of it) if the consent authority is satisfied that the matters regulated by those conditions will be adequately addressed by such an authorisation when it is issued. The regulations may restrict the imposition of any such condition. (4B) Conditions relating to financial assurance A development consent may be granted subject to a condition of a kind described in Part 9.4 of the Protection of the Environment Operations Act 1997 to secure or guarantee funding for or towards the carrying out of works or programs required by or under the consent. The regulations may restrict the imposition of any such condition and may make provisions with respect to any such condition of the kind set out in that Part (including in relation to the calling on and use of any financial assurance). (5) Modification or surrender of consents or existing use rights If a consent authority imposes (as referred to in subsection (1)(b)) a condition requiring the modification or surrender of a consent granted under this Act or a right conferred by Division 4.11, the consent or right may be modified or surrendered subject to and in accordance with the regulations. (6) Conditions and other arrangements concerning security A development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of any one or more of the following— (a) making good any damage caused to any property of the consent authority (or any property of the Planning Ministerial Corporation) as a consequence of the doing of anything to which the consent relates, (b) completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent, (c) remedying any defects in any such public work that arise within 6 months after the work is completed, (d) in relation to coastal protection works (within the meaning of the Coastal Management Act 2016 ), either or both of the following— (i) the maintenance of the works, (ii) the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by the presence of the works. (7) The security is to be for such reasonable amount as is determined by the consent authority. (8) The security may be provided, at the applicant’s choice, by way of— (a) deposit with the consent authority, or (b) a guarantee satisfactory to the consent authority. (9) The security is to be provided before carrying out any work in accordance with the development consent or at such other time as may be agreed to by the consent authority. (10) The funds realised from a security may be paid out to meet any cost referred to in subsection (6). Any balance remaining is to be refunded to, or at the direction of, the persons who provided the security. (10A) (10B) Review of extended hours of operation and number of persons permitted A development consent that is granted subject to a reviewable condition may be granted subject to a further condition that the consent authority may review that condition at any time or at intervals specified by the consent and that the reviewable condition may be changed on any such review. (10C) The regulations may make provision for or with respect to the kinds of development that may be subject to a further condition referred to in subsection (10B), the matters that must be included in such a condition and the procedures for a review under such a condition. (10D) A decision by a consent authority to change a reviewable condition on a review is taken to be a determination of a development consent for the purposes of this Act. Note. Accordingly, an application for review or appeal under Part 8 may be made in relation to a decision to change a reviewable condition. (10E) For the purposes of subsections (10B)–(10D), a reviewable condition means any of the following— (a) a condition that permits extended hours of operation (in addition to other specified hours of operation), (b) a condition that increases the maximum number of persons permitted in a building (in addition to the maximum number otherwise permitted). (11) Prescribed conditions A development consent is subject to such conditions as may be prescribed by the regulations. Note. Section 6.16(2) provides that a condition of consent has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development. s 4.17 (previously s 80A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [3]; 2023 No 7, Sch 2.25; 2023 No 10, Sch 1[2]. 4.18 Post-determination notification (cf previous s 81) (1) The consent authority must, in accordance with the regulations, notify its determination of a development application to— (a) the applicant, and (b) in the case of a development application for consent to carry out designated development, each person who made a submission under Schedule 1, and (c) such other persons as are required by the regulations to be notified of the determination of the development application. (2) If the consent authority is not the council, the consent authority must notify the council of its determination. (3) In the case of a development application for consent to carry out designated development, the consent authority must also notify each person who made a submission under Schedule 1 by way of objection of the person’s rights to appeal against the determination and of the applicant’s rights to appeal against the determination. (4) For the purposes of this section, designated development includes State significant development that would be designated development but for section 4.10(2). s 4.18 (previously s 81): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [19] [20]. 4.19 Consent for erection of building authorises use of building (cf previous s 81A) A development consent that authorises the erection of a building (but not the use of the building once erected) is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose was specified in the application for development consent. This section does not authorise the occupation of such a building if Part 6 requires an occupation certificate to be issued. s 4.19: Ins 2017 No 60, Sch 6.2 [5]. 4.20 Date from which development consent has effect (cf previous s 83) (1) A development consent has effect on and from the date it is registered on the NSW planning portal, except as provided by subsection (2). (2) A development consent for designated development has effect on and from the end of 28 days after the date it is registered on the NSW planning portal unless— (a) the development consent was granted following a public hearing by the Independent Planning Commission, or (b) the development is State significant development. Note. The date of effect of a consent for any such designated development is delayed by the period within which an objector may appeal to the Land and Environment Court against the grant of consent. (3) This section is subject to Part 8 (Reviews and appeals). s 4.20: Ins 2017 No 60, Sch 8.1 [1].

Application s 4.12 (previously s 78A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16].

Consultation and concurrence s 4.13 (previously s 79B): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1.

General If, by an environmental planning instrument, the consent authority, before determining the development application, is required to consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, consult with or obtain the concurrence of the person, unless the consent authority determines to refuse to grant development consent. Note. See also section 48 of the Dams Safety Act 2015 which requires the consent authority, before granting development consent for carrying out mining operations in a notification area declared under that section, to refer the application to Dams Safety NSW and to take into consideration any matters raised by Dams Safety NSW.

State significant development—exclusion This section does not apply to State significant development unless the requirement of an environmental planning instrument for consultation or concurrence specifies that it applies to State significant development.

Evaluation s 4.15 (previously s 79C): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [1] [2]. Am 2018 No 25, Sch 4 [5] [17].

Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application— (a) the provisions of— (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), (v) that apply to the land to which the development application relates, (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest.

Imposition of conditions Note. Section 6.16(2) provides that a condition of consent has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development. s 4.17 (previously s 80A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [3]; 2023 No 7, Sch 2.25; 2023 No 10, Sch 1[2].

Conditions—generally A condition of development consent may be imposed if— (a) it relates to any matter referred to in section 4.15(1) of relevance to the development the subject of the consent, or (b) it requires the modification or surrender of a consent granted under this Act or a right conferred by Division 4.11 in relation to the land to which the development application relates, or (c) it requires the modification or cessation of development (including the removal of buildings and works used in connection with that development) carried out on land (whether or not being land to which the development application relates), or (d) it limits the period during which development may be carried out in accordance with the consent so granted, or (e) it requires the removal of buildings and works (or any part of them) at the expiration of the period referred to in paragraph (d), or (f) it requires the carrying out of works (whether or not being works on land to which the application relates) relating to any matter referred to in section 4.15(1) applicable to the development the subject of the consent, or (g) it modifies details of the development the subject of the development application, or (h) it is authorised to be imposed under the following— (i) section 4.16(3) or (5), (ii) subsections (5)–(9) of this section, (iii) section 7.11 or 7.12, (iv) Division 7.1, Subdivision 4, (v) section 7.32.

Crown development div 4.6, hdg (previously pt 4, Div 4, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.32 Definitions (cf previous s 88) (1) In this Division— applicable Sydney district or regional planning panel for development means the Sydney district or regional planning panel for the part of the State in which the development is to be carried out. Crown development application means a development application made by or on behalf of the Crown. (2) A reference in this Division to the Crown— (a) includes a reference to a person who is prescribed by the regulations to be the Crown for the purposes of this Division, and (b) does not include a reference to— (i) a capacity of the Crown that is prescribed by the regulations not to be the Crown for the purposes of this Division, or (ii) a person who is prescribed by the regulations not to be the Crown for the purposes of this Division. s 4.32 (previously s 88): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2]. 4.33 Determination of Crown development applications (cf previous s 89) (1) A consent authority (other than the Minister) must not— (a) refuse its consent to a Crown development application, except with the approval of the Minister, or (b) impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister. (2) If the consent authority fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the consent authority may refer the application— (a) to the Minister, if the consent authority is not a council, or (b) to the applicable Sydney district or regional planning panel, if the consent authority is a council. (2A) A Crown development application for which the consent authority is a council must not be referred to the Minister unless it is first referred to the applicable Sydney district or regional planning panel. (3) An applicable Sydney district or regional planning panel to which a Crown development application is referred may exercise the functions of the council as a consent authority (subject to subsection (1)) with respect to the application. (4) A decision by a regional panel in determining a Crown development application is taken for all purposes to be the decision of the council. (5) If an applicable Sydney district or regional planning panel fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the panel may refer the application to the Minister. (6) The party that refers an application under this section must notify the other party in writing that the application has been referred. (7) When an application is referred under this section to an applicable Sydney district or regional planning panel or the Minister, the consent authority must, as soon as practicable, submit to the panel or the Minister— (a) a copy of the development application, and (b) details of its proposed determination of the development application, and (c) the reasons for the proposed determination, and (d) any relevant reports of another public authority. (8) An application may be referred by a consent authority or applicable Sydney district or regional planning panel before the end of a relevant period referred to in subsection (2) or (5). s 4.33 (previously s 89): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. 4.34 Directions by Minister (cf previous s 89A) (1) On a referral being made by a consent authority or an applicable Sydney district or regional planning panel, or an applicant, to the Minister under this Division, the Minister may direct the relevant consent authority, within the time specified in the direction— (a) to approve the Crown development application, with or without specified conditions, or (b) to refuse the Crown development application. (2) A consent authority must comply with a direction by the Minister. (3) If the consent authority fails to comply, the consent authority is taken, on the last date for compliance specified in the direction, to have determined the Crown development application in accordance with the Minister’s direction. (4) Despite subsection (2), a consent authority may vary a condition specified by the Minister with the approval of the applicant. s 4.34 (previously s 89A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]. 4.35 Modification of Crown development consents (cf previous s 89B) This Division applies to an application made by or on behalf of the Crown under section 4.55 in the same way as it applies to an application for development consent. s 4.35 (previously s 89B): Renumbered 2017 No 60, Sch 4.2 [1].

Definitions (cf previous s 88) s 4.32 (previously s 88): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2].

(1) In this Division— applicable Sydney district or regional planning panel for development means the Sydney district or regional planning panel for the part of the State in which the development is to be carried out. Crown development application means a development application made by or on behalf of the Crown.

Determination of Crown development applications s 4.33 (previously s 89): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3].

(2) If the consent authority fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the consent authority may refer the application— (a) to the Minister, if the consent authority is not a council, or (b) to the applicable Sydney district or regional planning panel, if the consent authority is a council.

(2A) A Crown development application for which the consent authority is a council must not be referred to the Minister unless it is first referred to the applicable Sydney district or regional planning panel.

(3) An applicable Sydney district or regional planning panel to which a Crown development application is referred may exercise the functions of the council as a consent authority (subject to subsection (1)) with respect to the application.

(4) A decision by a regional panel in determining a Crown development application is taken for all purposes to be the decision of the council.

(5) If an applicable Sydney district or regional planning panel fails to determine a Crown development application within the period prescribed by the regulations, the applicant or the panel may refer the application to the Minister.

(7) When an application is referred under this section to an applicable Sydney district or regional planning panel or the Minister, the consent authority must, as soon as practicable, submit to the panel or the Minister— (a) a copy of the development application, and (b) details of its proposed determination of the development application, and (c) the reasons for the proposed determination, and (d) any relevant reports of another public authority.

(8) An application may be referred by a consent authority or applicable Sydney district or regional planning panel before the end of a relevant period referred to in subsection (2) or (5).

Directions by Minister s 4.34 (previously s 89A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3].

(1) On a referral being made by a consent authority or an applicable Sydney district or regional planning panel, or an applicant, to the Minister under this Division, the Minister may direct the relevant consent authority, within the time specified in the direction— (a) to approve the Crown development application, with or without specified conditions, or (b) to refuse the Crown development application.

State significant development div 4.7, hdg (previously pt 4, Div 4.1, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.36 Development that is State significant development (cf previous s 89C) (1) For the purposes of this Act, State significant development is development that is declared under this section to be State significant development. (2) A State environmental planning policy may declare any development, or any class or description of development, to be State significant development. (3) The Minister may, by a Ministerial planning order, declare specified development on specified land to be State significant development. (3A) The Minister may make a declaration under subsection (3) only if the Minister has obtained and made publicly available advice from the Independent Planning Commission about the State or regional planning significance of the development. (3B) Subsection (3A) does not apply if the development includes residential accommodation. (3C) If the Minister makes a declaration under subsection (3), the Planning Secretary must, as soon as practicable, notify the council for the area in which the specified land is located that the declaration has been made. (4) A State environmental planning policy that declares State significant development may extend the provisions of the policy relating to that development to State significant development declared under subsection (3). Note. See section 5.12(6) and (7) in relation to development that is, but for those provisions, both State significant development and State significant infrastructure. s 4.36 (previously s 89C): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [23]; 2025 No 24, Sch 1[28]. 4.37 Staged State significant development (cf previous s 89D) If a concept development application is made in respect of State significant development— (a) the consent authority may determine that a subsequent stage of the development is to be determined by the relevant council as consent authority, and (b) that stage of the development ceases to be State significant development and that council becomes the consent authority for that stage of the development. s 4.37: Ins 2017 No 60, Sch 4.1 [10]. 4.38 Consent for State significant development (cf previous s 89E) (1) The consent authority is to determine a development application in respect of State significant development by— (a) granting consent to the application with such modifications of the proposed development or on such conditions as the consent authority may determine, or (b) refusing consent to the application. Note. Section 380AA of the Mining Act 1992 provides that an application in respect of State significant development for the mining of coal can only be determined if it is made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) Development consent may not be granted if the development is wholly prohibited by an environmental planning instrument. (3) Development consent may be granted despite the development being partly prohibited by an environmental planning instrument. (4) If part of a single proposed development that is State significant development requires development consent to be carried out and the other part may be carried out without development consent— (a) Division 5.1 does not apply to that other part of the proposed development, and (b) that other part of the proposed development is taken to be development that may not be carried out except with development consent. (4A) The Planning Secretary may determine that particular development does or does not form part of a single proposed development for the purposes of subsection (4). (4B) Subsection (4) does not apply to development that the Planning Secretary determines does not form part of a single proposed development under subsection (4A). (4C) The regulations may provide for the following in relation to a determination made under subsection (4A)— (a) the form and way in which a determination must be made, (b) the procedure for making a determination, including requirements for consultation, (c) the circumstances in which the Planning Secretary may make a determination. (5) A development application in respect of State significant development that is wholly or partly prohibited may be considered in accordance with Division 3.5 in conjunction with a proposed environmental planning instrument to permit the carrying out of the development. The Planning Secretary may (despite anything to the contrary in section 3.32) undertake the functions of the planning proposal authority under Part 3 for a proposed instrument if it is initiated for the purpose of permitting the carrying out of the development (whether or not it contains other provisions). (6) If the determination under section 3.34 (Gateway determination) for a planning proposal declares that the proposed instrument is principally concerned with permitting the carrying out of State significant development that would otherwise be wholly prohibited— (a) the proposed instrument may be made only by the Independent Planning Commission under a delegation from the Minister, and (b) the development application for the carrying out of that development may be determined only by the Independent Planning Commission under a delegation from the Minister. s 4.38 (previously s 89E): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2024 No 91, Sch 1[1]. 4.39 Regulations—State significant development (cf previous s 89G) In addition to any other matters for or with respect to which regulations may be made under this Part, the regulations may make provision for or with respect to the procedures and other matters concerning State significant development, including the following— (a) the environmental impact statements to accompany development applications in respect of State significant development, (b) the requirements for the preparation of those environmental impact statements, including consultation requirements with respect to government agencies and other affected persons, (c) the making of orders under section 4.36(3) declaring specified development to be State significant development, (d) the making of information publicly available relating to development applications in respect of State significant development and the determination of those applications, (e) requiring applicants to provide responses to submissions made on development applications in respect of State significant development. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1]. 4.40 Evaluation of development application (s 4.15) (cf previous s 89H) Section 4.15 applies, subject to this Division, to the determination of the development application. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1]. 4.41 Approvals etc legislation that does not apply (cf previous s 89J) (1) The following authorisations are not required for State significant development that is authorised by a development consent granted after the commencement of this Division (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply)— (a) (b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994 , (c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977 , (d) an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974 , (e) (f) a bush fire safety authority under section 100B of the Rural Fires Act 1997 , (g) a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference approval) under section 91 of the Water Management Act 2000 . (2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of State significant development that is authorised by a development consent granted after the commencement of this Division. (3) A reference in this section to State significant development that is authorised by a development consent granted after the commencement of this Division includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Part in connection with a development application for any such development. s 4.41 (previously s 89J): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [4]. 4.42 Approvals etc legislation that must be applied consistently (cf previous s 89K) (1) An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent— (a) an aquaculture permit under section 144 of the Fisheries Management Act 1994 , (b) an approval under the Coal Mine Subsidence Compensation Act 2017 , section 22, (c) a mining lease under the Mining Act 1992 , Note. Under section 380A of the Mining Act 1992 , a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (d) a production lease under the Petroleum (Onshore) Act 1991 , Note. Under section 24A of the Petroleum (Onshore) Act 1991 , a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act), (f) a consent under section 138 of the Roads Act 1993 , (g) a licence under the Pipelines Act 1967 . (2) This section does not apply to or in respect of— (a) an application for the renewal of an authorisation or a renewed authorisation, or (b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or (c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —any period after the first review of the licence under section 78 of that Act. (3) A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent. (4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation. s 4.42 (previously s 89K): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2022 No 59, Sch 2.18[2]. 4.43 This Division prevails (cf previous s 89L) The provisions of this Division, the regulations under this Division and any other provisions of or made under this Act with respect to State significant development prevail to the extent of any inconsistency with any other provisions of or made under this Act relating to development to which this Part applies. s 4.43 (previously s 89L): Renumbered 2017 No 60, Sch 4.2 [1].

Regulations—State significant development (cf previous s 89G) In addition to any other matters for or with respect to which regulations may be made under this Part, the regulations may make provision for or with respect to the procedures and other matters concerning State significant development, including the following— (a) the environmental impact statements to accompany development applications in respect of State significant development, (b) the requirements for the preparation of those environmental impact statements, including consultation requirements with respect to government agencies and other affected persons, (c) the making of orders under section 4.36(3) declaring specified development to be State significant development, (d) the making of information publicly available relating to development applications in respect of State significant development and the determination of those applications, (e) requiring applicants to provide responses to submissions made on development applications in respect of State significant development. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1].

Evaluation of development application (s 4.15) (cf previous s 89H) Section 4.15 applies, subject to this Division, to the determination of the development application. ss 4.39, 4.40 (previously ss 89G, 89H): Renumbered 2017 No 60, Sch 4.2 [1].

Post-consent provisions div 4.9, hdg (previously pt 4, Div 7, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.53 Lapsing of consent (cf previous s 95) (1) A development consent lapses— (a) 5 years after the date from which it operates if the development consent commences operation after the prescribed period, or (b) 5 years after the date from which it operates if the development consent commences operation during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if the development consent commenced operation before, and has not lapsed at, the commencement of the prescribed period. (2) A consent authority may reduce a period specified in subsection (1)(a) or (b) in granting development consent. (3) Subsection (2) does not— (a) apply to development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or (b) authorise a reduction to be made that would cause— (i) a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or (ii) a development consent that commences operation during the prescribed period to lapse within 5 years after the date from which the consent operates, or (iii) a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent. (3A) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (1)(c)— (a) the development consent is taken not to have lapsed, and (b) subsection (1)(c) applies to the development consent. (4) Development consent for— (a) the erection of a building, or (b) the subdivision of land, or (c) the carrying out of a work, does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section. (5) Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of that consent is actually commenced before the date on which the consent would otherwise lapse. (6) Despite any other provision of this section, a development consent that is subject to a deferred commencement condition under section 4.16(3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within— (a) 5 years after the grant of consent if the consent is granted after the prescribed period, or (b) 5 years after the grant of consent if the consent is granted during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if— (i) the grant of consent was before the commencement of the prescribed period, and (ii) the development consent has not lapsed at that commencement. (6A) A consent authority may reduce a period specified in subsection (6)(a) or (b) in granting development consent. (6B) Subsection (6A) does not authorise a reduction to be made that would cause a development consent granted during the prescribed period to lapse within 5 years after the date on which it was granted. (6C) For a development consent that lapsed after the commencement of the prescribed period and before the commencement of subsection (6)(c)— (a) the development consent is taken not to have lapsed, and (b) subsection (6)(c) applies to the development consent. (7) The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section. (8) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022. s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. 4.54 Extension of lapsing period for 1 year (cf previous s 95A) (1) If, in granting a development consent, the consent authority reduces the period after which the consent lapses to less than 5 years, the applicant or any other person entitled to act on the consent may apply to the consent authority, before the period expires, for an extension of 1 year. (2) The consent authority may grant the extension if satisfied that the applicant has shown good cause. (3) (4) An extension of 1 year granted under this section commences to run from the later of the following— (a) the date on which the consent would have lapsed but for the extension, (b) the date on which the consent authority granted the extension or, if the Court has allowed the extension in determining an appeal, the date on which the Court determined the appeal. (5) This section does not apply to complying development. s 4.54 (previously s 95A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.55 Modification of consents—generally (cf previous s 96) (1) Modifications involving minor error, misdescription or miscalculation A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify a development consent granted by it to correct a minor error, misdescription or miscalculation. Subsections (1A), (2), (3), (5) and (6) and Part 8 do not apply to such a modification. Note. Section 380AA of the Mining Act 1992 provides that an application for modification of development consent to mine for coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (1A) Modifications involving no or minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if— (a) it is satisfied that the proposed modification is of no or minimal environmental impact, and (b) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1) and (2) do not apply to such a modification. (2) Other modifications A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if— (a) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and (b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and (c) it has notified the application in accordance with— (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1) and (1A) do not apply to such a modification. (3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified. (4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified. (5) To avoid doubt, a consent authority is not prevented from modifying a consent under subsection (1A) or (2) merely because the modification only modifies a condition of consent and would not result in a change to the development the subject of the consent. (6) Deemed refusals The regulations may make provision for or with respect to the following— (a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent, (b) the effect of any such deemed determination on the power of a consent authority to determine any such application, (c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act. (6A), (7) (8) Modifications by the Court The provisions of this section extend, subject to the regulations, to enable the Court to modify a consent granted by it but, in the extension of those provisions, the functions imposed on a consent authority under subsection (1A)(c) or subsection (2)(b) and (c) are to be exercised by the relevant consent authority and not the Court. s 4.55 (previously s 96): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]. 4.56 Modification by consent authorities of consents granted by the Court (cf previous s 96AA) (1) A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if— (a) it is satisfied that the development to which the consent as modified relates is the same or substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and (b) it has notified the application in accordance with— (i) the regulations, if the regulations so require, and (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and (c) it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. (1A) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified. (1B) To avoid doubt, a consent authority is not prevented from modifying a consent under this section merely because the modification only modifies a condition of consent and would not result in a change to the development the subject of the consent. (1C) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified. (2) After determining an application for modification of a consent under this section, the consent authority must send a notice of its determination to each person who made a submission in respect of the application for modification. (3) The regulations may make provision for or with respect to the following— (a) the period after which a consent authority, that has not determined an application under this section, is taken to have determined the application by refusing consent, (b) the effect of any such deemed determination on the power of a consent authority to determine any such application, (c) the effect of a subsequent determination on the power of a consent authority on any appeal sought under this Act. (4) s 4.56 (previously s 96AA): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]. 4.57 Revocation or modification of development consent (cf previous s 96A) (1) If at any time it appears to— (a) the Planning Secretary, having regard to the provisions of any proposed State environmental planning policy, or (b) a council (being the consent authority in relation to the development application referred to in this subsection), having regard to the provisions of any proposed local environmental plan, that any development for which consent under this Division is in force in relation to a development application should not be carried out or completed, or should not be carried out or completed except with modifications, the Planning Secretary or council may, by instrument in writing, revoke or modify that consent. (2) This section applies to complying development for which a complying development certificate has been issued in the same way as it applies to development for which development consent has been granted and so applies to enable a council to revoke or modify a complying development certificate whether the certificate was issued by the council or by a registered certifier. (3) Before revoking or modifying the consent, the Planning Secretary or council must— (a) by notice in writing inform, in accordance with the regulations— (i) each person who in the Planning Secretary’s or council’s opinion will be adversely affected by the revocation or modification of the consent, and (ii) such persons as may be prescribed by the regulations, of the intention to revoke or modify the consent, and (b) afford each such person the opportunity of appearing before the Planning Secretary or council, or a person appointed by the Planning Secretary or council, to show cause why the revocation or modification should not be effected. (4) The revocation or modification of a development consent takes effect, subject to this section, from the date on which the instrument referred to in subsection (1) is served on the owner of the land to which the consent applies. (5), (6) (7) If a development consent is revoked or modified under this section, a person aggrieved by the revocation or modification is entitled to recover from— (a) the Government of New South Wales—if the Planning Secretary is responsible for the issue of the instrument of revocation or modification, or (b) the council—if the council is responsible for the issue of that instrument, compensation for expenditure incurred pursuant to the consent during the period between the date on which the consent becomes effective and the date of service of the notice under subsection (3) which expenditure is rendered abortive by the revocation or modification of that consent. (8) The Planning Secretary or council must, on or as soon as practicable after the date on which the instrument referred to in subsection (1) is served on the owner of the land referred to in subsection (4), cause a copy of the instrument to be sent to each person who is, in the Planning Secretary’s or council’s opinion, likely to be disadvantaged by the revocation or modification of the consent. (9) This section does not apply to or in respect of a consent granted by the Court or by the Minister. s 4.57 (previously s 96A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4].

Lapsing of consent s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3].

(1) A development consent lapses— (a) 5 years after the date from which it operates if the development consent commences operation after the prescribed period, or (b) 5 years after the date from which it operates if the development consent commences operation during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if the development consent commenced operation before, and has not lapsed at, the commencement of the prescribed period.

(2) A consent authority may reduce a period specified in subsection (1)(a) or (b) in granting development consent.

(3) Subsection (2) does not— (a) apply to development consent granted to a concept development application under Division 4.4 for development that requires a subsequent development application and consent, or (b) authorise a reduction to be made that would cause— (i) a development consent to erect or demolish a building or to subdivide land to lapse within 2 years after the date from which the consent operates, or (ii) a development consent that commences operation during the prescribed period to lapse within 5 years after the date from which the consent operates, or (iii) a development consent of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent.

(4) Development consent for— (a) the erection of a building, or (b) the subdivision of land, or (c) the carrying out of a work, does not lapse if building, engineering or construction work relating to the building, subdivision or work is physically commenced on the land to which the consent applies before the date on which the consent would otherwise lapse under this section.

(5) Development consent for development other than that referred to in subsection (4) does not lapse if the use of any land, building or work the subject of that consent is actually commenced before the date on which the consent would otherwise lapse.

(6) Despite any other provision of this section, a development consent that is subject to a deferred commencement condition under section 4.16(3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within— (a) 5 years after the grant of consent if the consent is granted after the prescribed period, or (b) 5 years after the grant of consent if the consent is granted during the prescribed period, or (c) 2 years after the date on which the development consent would otherwise have lapsed if— (i) the grant of consent was before the commencement of the prescribed period, and (ii) the development consent has not lapsed at that commencement.

(7) The regulations may set out circumstances in which work is or is not taken to be physically commenced for the purposes of this section.

Revocation or modification of development consent s 4.57 (previously s 96A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4].

(1) If at any time it appears to— (a) the Planning Secretary, having regard to the provisions of any proposed State environmental planning policy, or (b) a council (being the consent authority in relation to the development application referred to in this subsection), having regard to the provisions of any proposed local environmental plan, that any development for which consent under this Division is in force in relation to a development application should not be carried out or completed, or should not be carried out or completed except with modifications, the Planning Secretary or council may, by instrument in writing, revoke or modify that consent.

Miscellaneous Part 4 provisions div 4.10, hdg (previously pt 4, Div 9, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.58 Register of consents and certificates (cf previous s 100) (1) A council must, in the prescribed form and manner (if any), keep a register of— (a) applications for development consent, and (b) the determination of applications for development consent (including the terms of development consents granted under this Part), and (c) the determination of applications for complying development certificates (including the terms of complying development certificates issued under this Part), and (d) decisions on appeal from any determination made under this Part. (2) The register is to be available for public inspection, without charge, at the office of the council during ordinary office hours. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.59 Validity of development consents and complying development certificates (cf previous s 101) If public notice of the granting of a consent or a complying development certificate is given in accordance with the regulations by a consent authority or a certifier, the validity of the consent or certificate cannot be questioned in any legal proceedings except those commenced in the Court by any person at any time before the expiration of 3 months from the date on which public notice was so given. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.60 Non-compliance with certain provisions regarding State significant development (cf previous s 102) (1) This section applies to a development consent granted, or purporting to be granted, by the Minister, before or after the commencement of this section. (2) The only requirements of this Act that are mandatory in connection with the validity of a development consent to which subsection (1) applies are as follows— (a) A requirement that a development application to carry out State significant development or designated development and its accompanying information be publicly exhibited for the minimum period of time. (b) A requirement that a development application to carry out development, being development, other than State significant development or designated development, to which some or all of the provisions of sections 4.25, 4.27, 86, 4.30(1) and 4.44, as in force immediately before the commencement of this section, applied by virtue of an environmental planning instrument, as referred to in section 3.18(4), as then in force, be publicly exhibited for the minimum period of time. (c) ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.61 Revocation or regrant of development consents after order of Court (cf previous s 103) (1) This section applies to a development consent granted, or purporting to be granted, by a consent authority, to which an order of suspension applies under section 25B of the Land and Environment Court Act 1979 . (2) The consent authority may revoke a development consent to which this section applies, whether or not the terms imposed by the Court under section 25B of the Land and Environment Court Act 1979 have been complied with. (3) However, if the terms imposed by the Court have been substantially complied with, the consent authority may revoke the development consent to which this section applies and grant a new development consent with such alterations to the revoked consent as the consent authority thinks appropriate having regard to the terms themselves and to any matters arising in the course of complying with the terms. Such a grant of a development consent is referred to as a regrant of the consent. (4) No preliminary steps need be taken with regard to the regrant of a development consent under this section, other than those that are required to secure compliance with those terms. (5) Section 4.18 and such other provisions of this Act as may be prescribed by the regulations apply to development consents regranted under this section. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.62 Appeals and other provisions relating to development consents after order of Court (cf previous s 104) (1) A development consent declared to be valid under section 25C of the Land and Environment Court Act 1979 — (a) is final and the provisions of Part 8 do not apply to or in respect of it, and (b) is operative as from the date the development consent originally took effect or purported to take effect, unless the Court otherwise orders. (2) A development consent declared under section 25C of the Land and Environment Court Act 1979 to be validly regranted— (a) is final and the provisions of Part 8 do not apply to or in respect of it, and (b) takes effect from the date of the declaration or another date specified by the Court. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.63 Voluntary surrender of development consent (cf previous s 104A) (1) A development consent may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the consent. (2) A development consent may be surrendered under this section even if, on an appeal under Part 8, the consent has ceased to be, or does not become, effective. (3) If a development consent is to be surrendered as a condition of a new development consent and the development to be authorised by that new development consent includes the continuation of any of the development authorised by the consent to be surrendered— (a) the consent authority is not required to re-assess the likely impact of the continued development to the extent that it could have been carried out but for the surrender of the consent, and (b) the consent authority is not required to re-determine whether to authorise that continued development under the new development consent (or the manner in which it is to be carried out), and (c) the consent authority may modify the manner in which that continued development is to be carried out for the purpose of the consolidation of the development consents applying to the land concerned. In this subsection, a reference to a development consent that is to be surrendered includes a reference to the surrender of a development consent under section 4.17(5) or the surrender of an approval given under Part 3A when that Part was in force or continued in operation. ss 4.58–4.63 (previously ss 100–104A): Renumbered 2017 No 60, Sch 4.2 [1]. 4.64 Regulations—Part 4 (cf previous s 105) (1) In addition to any other matters for or with respect to which regulations may be made for the purposes of this Part, the regulations may make provision for or with respect to the following— (a) any matter that is necessary or convenient to be done before making a development application, (b) the persons who may make development applications, (c) the making, consideration and determination of development applications that are made by or on behalf of the Crown, public authorities and persons prescribed by the regulations, (c1) requiring the New South Wales Aboriginal Land Council to consent to applications for the modification of development consents relating to land owned by Local Aboriginal Land Councils, (d) the form of development applications, (e) the documents and information required to accompany development applications, including documents that will assist the consent authority in assessing the environmental effects of development, (f) the fees for development applications, (f1) the reimbursement of the costs incurred by councils in investigating and enforcing compliance with the requirements of this Act relating to development requiring consent (including complying development) by a levy on applicants making development applications and the procedures for the imposition and collection of the levies, (f2) authorising officers of a council to suspend the carrying out of work under a complying development certificate (for a period not exceeding 7 days) pending an investigation into compliance of the work with applicable development standards, (g) the notification and advertising of development applications (and proposed development), (h) the form and contents of notices of development applications, the manner of giving notices and the persons to whom notices are to be given, (i) the requirement for consultation with, or obtaining the concurrence of, the Planning Secretary, public authorities and other persons concerning proposed development, (j) the preparation, contents, form and submission of environmental impact statements and statements of environmental effects, (k) the documents and information required to accompany statements of environmental effects and environmental impact statements, (l) the making of submissions, by way of objection or otherwise, with respect to proposed development and the consideration of submissions, (m) the holding of inquiries into proposed development, (n) (n1) authorising a consent authority or council to impose a fee with respect to the lodging of any complying development certificate with it, whether pursuant to a requirement made by or under this Act or otherwise, (o) procedures concerning integrated development, (p), (p1) (q) the modification of development consents, including the fees for applications for modification, (r) the periods within which specified aspects of the environmental planning control process must be completed and the variation of those periods, (s) the effect of a failure to comply with any requirement of the regulations, (t) the notification of applicants and persons making submissions (including by way of objection) of the determination of development applications, reasons for the determinations and any rights of appeal. (2) (3) The regulations may provide for the accreditation of building products and systems, including the following— (a) applications for accreditation, (b) the determination of applications for accreditation, (c) revocation of accreditation, (d) extension or renewal of accreditation, (e) the adoption, application or incorporation (whether with or without modification) of a scheme of accreditation (however described) of building products and systems, (f) the notification of consent authorities of information concerning accreditation (including accreditation referred to in paragraph (e)). (4) The regulations may provide for the adoption and application of the Building Code of Australia . (5), (6) s 4.64 (previously s 105): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6].

Regulations—Part 4 s 4.64 (previously s 105): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6].

(1) In addition to any other matters for or with respect to which regulations may be made for the purposes of this Part, the regulations may make provision for or with respect to the following— (a) any matter that is necessary or convenient to be done before making a development application, (b) the persons who may make development applications, (c) the making, consideration and determination of development applications that are made by or on behalf of the Crown, public authorities and persons prescribed by the regulations, (c1) requiring the New South Wales Aboriginal Land Council to consent to applications for the modification of development consents relating to land owned by Local Aboriginal Land Councils, (d) the form of development applications, (e) the documents and information required to accompany development applications, including documents that will assist the consent authority in assessing the environmental effects of development, (f) the fees for development applications, (f1) the reimbursement of the costs incurred by councils in investigating and enforcing compliance with the requirements of this Act relating to development requiring consent (including complying development) by a levy on applicants making development applications and the procedures for the imposition and collection of the levies, (f2) authorising officers of a council to suspend the carrying out of work under a complying development certificate (for a period not exceeding 7 days) pending an investigation into compliance of the work with applicable development standards, (g) the notification and advertising of development applications (and proposed development), (h) the form and contents of notices of development applications, the manner of giving notices and the persons to whom notices are to be given, (i) the requirement for consultation with, or obtaining the concurrence of, the Planning Secretary, public authorities and other persons concerning proposed development, (j) the preparation, contents, form and submission of environmental impact statements and statements of environmental effects, (k) the documents and information required to accompany statements of environmental effects and environmental impact statements, (l) the making of submissions, by way of objection or otherwise, with respect to proposed development and the consideration of submissions, (m) the holding of inquiries into proposed development, (n) (n1) authorising a consent authority or council to impose a fee with respect to the lodging of any complying development certificate with it, whether pursuant to a requirement made by or under this Act or otherwise, (o) procedures concerning integrated development, (p), (p1) (q) the modification of development consents, including the fees for applications for modification, (r) the periods within which specified aspects of the environmental planning control process must be completed and the variation of those periods, (s) the effect of a failure to comply with any requirement of the regulations, (t) the notification of applicants and persons making submissions (including by way of objection) of the determination of development applications, reasons for the determinations and any rights of appeal.

Existing uses div 4.11, hdg (previously pt 4, Div 10, heading): Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. 4.65 Definition of “existing use” (cf previous s 106) In this Division, existing use means— (a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for this Division, have the effect of prohibiting that use, and (b) the use of a building, work or land— (i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and (ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse. s 4.65 (previously s 106): Renumbered 2017 No 60, Sch 4.2 [1]. 4.66 Continuance of and limitations on existing use (cf previous s 107) (1) Except where expressly provided in this Act, nothing in this Act or an environmental planning instrument prevents the continuance of an existing use. (2) Nothing in subsection (1) authorises— (a) any alteration or extension to or rebuilding of a building or work, or (b) any increase in the area of the use made of a building, work or land from the area actually physically and lawfully used immediately before the coming into operation of the instrument therein mentioned, or (c) without affecting paragraph (a) or (b), any enlargement or expansion or intensification of an existing use, or (d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 4.17(1)(b), or (e) the continuance of the use therein mentioned where that use is abandoned. (3) Without limiting the generality of subsection (2)(e), a use is to be presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months. (4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years. s 4.66 (previously s 107): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]. 4.67 Regulations respecting existing use (cf previous s 108) (1) The regulations may make provision for or with respect to existing use and, in particular, for or with respect to— (a) the carrying out of alterations or extensions to or the rebuilding of a building or work being used for an existing use, and (b) the change of an existing use to another use, and (c) the enlargement or expansion or intensification of an existing use. (d) (2) The provisions (in this section referred to as the incorporated provisions ) of any regulations in force for the purposes of subsection (1) are taken to be incorporated in every environmental planning instrument. (3) An environmental planning instrument may, in accordance with this Act, contain provisions extending, expanding or supplementing the incorporated provisions, but any provisions (other than incorporated provisions) in such an instrument that, but for this subsection, would derogate or have the effect of derogating from the incorporated provisions have no force or effect while the incorporated provisions remain in force. (4) Any right or authority granted by the incorporated provisions or any provisions of an environmental planning instrument extending, expanding or supplementing the incorporated provisions do not apply to or in respect of an existing use which commenced pursuant to a consent of the Minister under section 4.33 to a development application for consent to carry out prohibited development. s 4.67 (previously s 108): Renumbered 2017 No 60, Sch 4.2 [1]. 4.68 Continuance of and limitations on other lawful uses (cf previous s 109) (1) Nothing in an environmental planning instrument operates so as to require consent to be obtained under this Act for the continuance of a use of a building, work or land for a lawful purpose for which it was being used immediately before the coming into force of the instrument or so as to prevent the continuance of that use except with consent under this Act being obtained. (2) Nothing in subsection (1) authorises— (a) any alteration or extension to or rebuilding of a building or work, or (b) any increase in the area of the use made of a building, work or land from the area actually physically and lawfully used immediately before the coming into operation of the instrument therein mentioned, or (c) without affecting paragraph (a) or (b), any enlargement or expansion or intensification of the use therein mentioned, or (d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 4.17(1)(b), or (e) the continuance of the use therein mentioned where that use is abandoned. (3) Without limiting the generality of subsection (2)(e), a use is presumed, unless the contrary is established, to be abandoned if it ceases to be actually so used for a continuous period of 12 months. (4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years. s 4.68 (previously s 109): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]. 4.69 Uses unlawfully commenced (cf previous s 109A) (1) The use of a building, work or land which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except— (a) the commencement of an environmental planning instrument which permits the use without the necessity for consent under this Act being obtained therefor, or (b) the granting of development consent to that use. (2) The continuation of a use of a building, work or land that was unlawfully commenced is, and is taken always to have been, development of the land within the meaning of and for the purposes of any deemed environmental planning instrument applying, or which at any time applied, to or in respect of the building, work or land. s 4.69 (previously s 109A): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [26]. 4.70 Saving of effect of existing consents (cf previous s 109B) (1) Nothing in an environmental planning instrument prohibits, or requires a further development consent to authorise, the carrying out of development in accordance with a consent that has been granted and is in force. (2) This section— (a) applies to consents lawfully granted before or after the commencement of this Act, and (b) does not prevent the lapsing, revocation or modification, in accordance with this Act, of a consent, and (c) has effect despite anything to the contrary in section 4.66 or 4.68. (3) This section is taken to have commenced on the commencement of this Act. s 4.70 (previously s 109B): Renumbered 2017 No 60, Sch 4.2 [1].

Continuance of and limitations on existing use s 4.66 (previously s 107): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4].

(4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years.

Continuance of and limitations on other lawful uses s 4.68 (previously s 109): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5].

(4) During the period commencing on 25 March 2020 and ending on 25 March 2022, the reference to 12 months in subsection (3) is taken to be a reference to 3 years.

Infrastructure and environmental impact assessment pt 5, hdg: Ins 2017 No 60, Sch 5.2 [1]. Division 5.1 Environmental impact assessment (except for State significant infrastructure) div 5.1, hdg (previously pt 5, heading): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2017 No 60, Sch 5.2 [2]. div 5.1 (previously pt 5): Renumbered 2017 No 60, Sch 5.2 [2]. Subdivision 1 Preliminary div 5.1, sdiv 1, hdg (previously pt 5, Div 1, heading): Renumbered 2017 No 60, Sch 5.2 [2]. 5.1 Definitions (cf previous s 110) (1) In this Division— activity means— (a) the use of land, and (b) the subdivision of land, and (c) the erection of a building, and (d) the carrying out of a work, and (e) the demolition of a building or work, and (f) any other act, matter or thing referred to in section 3.14 that is prescribed by the regulations for the purposes of this definition, but does not include— (g) any act, matter or thing for which development consent under Part 4 is required or has been obtained, or (h) any act matter or thing that is prohibited under an environmental planning instrument, or (i) exempt development, or (j) development carried out in compliance with a development control order, or (k) any development of a class or description that is prescribed by the regulations for the purposes of this definition. approval includes— (a) a consent, licence or permission or any form of authorisation, and (b) a provision of financial accommodation by a determining authority to another person, not being a provision of such financial accommodation, or financial accommodation of such class or description, as may be prescribed for the purposes of this definition by a determining authority so prescribed. determining authority means a Minister or public authority and, in relation to any activity, means the Minister or public authority by or on whose behalf the activity is or is to be carried out or any Minister or public authority whose approval is required in order to enable the activity to be carried out. nominated determining authority , in relation to an activity, means the determining authority nominated by the Minister in accordance with section 5.2 in relation to the activity. proponent , in relation to an activity, means the person proposing to carry out the activity, and includes any person taken to be the proponent of the activity by virtue of section 5.3. (2) The Minister is not a determining authority in relation to an activity for the purposes of this Division merely because the Minister’s approval is required under Part 3A or Division 5.2. s 5.1 (previously s 110): Renumbered 2017 No 60, Sch 5.2 [2]. 5.2 Nomination of nominated determining authority (cf previous s 110A) (1) Where the approval of more than one determining authority is required in relation to an activity or an activity of a specified class or description (either in respect of the carrying out of the activity or the granting of an approval in respect of the activity), the Minister may, by a Ministerial planning order, nominate a determining authority to be the nominated determining authority in relation to the activity or an activity of that class or description for the purposes of this Division. (2) Where, under subsection (1), the Minister has nominated a determining authority to be the nominated determining authority in relation to an activity or an activity of a specified class or description, any other determining authority which would otherwise be required to comply with the provisions of this Division in relation to the activity or an activity of that class or description is not required— (a) to comply with section 5.7(2) or (3), or (b) to comply with section 5.8, in relation to the activity or any activity which comes within that class or description but shall, in all other respects, comply with the relevant provisions of this Division. (3) A determining authority (other than the nominated determining authority) is required to forward to the nominated determining authority a copy of any submissions made to it under section 5.8(2) and to provide other information to the nominated determining authority, as required by the regulations, to enable the nominated determining authority to co-ordinate the preparation and furnishing of reports in relation to the activity or activity of the specified class or description. s 5.2 (previously s 110A): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [27]. 5.3 Determining authorities taken to be proponents of activities (cf previous s 110B) (1) A proponent of an activity for the purposes of this Division is taken to include the following— (a) the Forestry Corporation in respect of forestry activities authorised by that Corporation on land under the management of that Corporation, (b) any determining authority which the Minister certifies in writing to be the proponent of a particular activity specified in the certificate or which the regulations declare to be the proponent of activities of the kind specified in the regulations. (2) In any such case, a reference in this Division to a determining authority carrying out an activity includes a reference to the Forestry Corporation or such a determining authority granting an approval in relation to the activity. ss 5.3, 5.4 (previously ss 110B, 110E): Renumbered 2017 No 60, Sch 5.2 [2]. 5.4 Exemptions for certain activities (cf previous s 110E) Sections 5.5 and 5.7 do not apply to or in respect of the following (despite the terms of those sections)— (a) a modification of an activity, whose environmental impact has already been considered, that will reduce its overall environmental impact, (b) a routine activity (such as the maintenance of infrastructure) that the Minister determines has a low environmental impact and that is carried out in accordance with a code approved by the Minister, (c) an activity (or part of an activity) that has been approved, or is to be carried out, by another determining authority after environmental assessment in accordance with this Division. ss 5.3, 5.4 (previously ss 110B, 110E): Renumbered 2017 No 60, Sch 5.2 [2]. Subdivision 2 Duty of determining authorities to consider environmental impact of activities div 5.1, sdiv 2, hdg (previously pt 5, Div 2, heading): Renumbered 2017 No 60, Sch 5.2 [2]. 5.5 Duty to consider environmental impact (cf previous s 111) (1) For the purpose of attaining the objects of this Act relating to the protection and enhancement of the environment, a determining authority in its consideration of an activity shall, notwithstanding any other provisions of this Act or the provisions of any other Act or of any instrument made under this or any other Act, examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity. (2) (3) Without limiting subsection (1), a determining authority shall consider the effect of an activity on any wilderness area (within the meaning of the Wilderness Act 1987 ) in the locality in which the activity is intended to be carried on. (4) s 5.5 (previously s 111): Renumbered 2017 No 60, Sch 5.2 [2]. 5.6 Regulations for environmental impact assessment by prescribed determining authorities (cf previous s 111A) (1) In this section, prescribed determining authority means a person prescribed for the purposes of the definition of public authority in section 1.4(1) so as to allow the person to be a determining authority within the meaning of this Division. (2) The regulations may make provision for or with respect to the exercise by a prescribed determining authority of its functions under section 5.5 ( environmental impact assessment functions ), including (without limitation) provision for or with respect to the following— (a) the manner in which environmental impact assessment functions must be exercised including the matters that must be considered in the exercise of those functions, (b) requirements for public and other consultation in connection with environmental impact assessment functions, including requirements for consultation with the Planning Secretary and the consideration of advice given by the Planning Secretary, (c) requirements for the documentation of the exercise of environmental impact assessment functions ( assessment documentation ), (d) requirements for making assessment documentation available to the Minister and the Planning Secretary and for the public release of assessment documentation, (e) requirements for auditing the exercise of environmental impact assessment functions and compliance with requirements imposed by or under the regulations. (3) The regulations may provide for the approval by the Minister of a code (an approved code ) that makes provision for or with respect to the matters for which the regulations under this section may make provision. (4) An approved code may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of a specified document as in force for the time being or a document formulated, issued or published by a specified person or body. s 5.6 (previously s 111A): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Subdivision 3 Activities for which EIS required div 5.1, sdiv 3, hdg (previously pt 5, Div 3, heading): Renumbered 2017 No 60, Sch 5.2 [2]. 5.7 Decision of determining authority in relation to certain activities (cf previous s 112) (1) A determining authority shall not carry out an activity, or grant an approval in relation to an activity, being an activity that is a prescribed activity, an activity of a prescribed kind or an activity that is likely to significantly affect the environment, unless— (a) the determining authority has obtained or been furnished with and has examined and considered an environmental impact statement in respect of the activity— (i) prepared in the prescribed form and manner by or on behalf of the proponent, and (ii) except where the proponent is the determining authority, submitted to the determining authority in the prescribed manner, (b) notice referred to in section 5.8(1) has been duly given by the determining authority (or, where a nominated determining authority has been nominated in relation to the activity, by the nominated determining authority), the period specified in the notice has expired and the determining authority has examined and considered any representations made to it or any other determining authority in accordance with section 5.8(2), (c) the determining authority has complied with section 5.8(3), (c1) (d) where it receives notice from the Planning Secretary that the Minister has requested that a review be held by the Independent Planning Commission with respect to the activity, the review has been held and the determining authority has considered the findings and recommendations of the Independent Planning Commission and any advice given to it by the Minister in accordance with section 5.9, and (e) where it receives notice from the Planning Secretary that the Planning Secretary has decided that an examination be undertaken in accordance with section 5.8(5), that examination has been carried out and the determining authority has considered the report furnished to it in accordance with that subsection. (1A) A determining authority shall not grant an approval in relation to an activity referred to in subsection (1) that is to be carried out in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ) unless any consent to the activity required under that Act has been obtained. (1B)–(1D) (2) The determining authority or nominated determining authority, as the case requires, shall, as soon as practicable after an environmental impact statement is obtained by or furnished to it, as referred to in subsection (1), but before giving notice under section 5.8(1), furnish to the Planning Secretary a copy of the statement. (3) A determining authority or nominated determining authority, as the case requires, shall furnish such number of additional copies of an environmental impact statement to the Planning Secretary as the Planning Secretary may request. (4) Before carrying out an activity referred to in subsection (1) or in determining whether to grant an approval in relation to such an activity, a determining authority which is satisfied that the activity will detrimentally affect the environment— (a) may, except where it is the proponent of the activity— (i) impose such conditions or require such modifications as will in its opinion eliminate or reduce the detrimental effect of the activity on the environment (including critical habitat) or threatened species, populations or ecological communities, or their habitats, or (ii) disapprove of the activity, or (b) may, where it is the proponent of the activity— (i) modify the proposed activity so as to eliminate or reduce the detrimental effect of the activity on the environment (including critical habitat) or threatened species, populations or ecological communities, or their habitats, or (ii) refrain from undertaking the activity. (5) Where a determining authority, not being the proponent of an activity, imposes conditions as referred to in subsection (4)(a)(i) or disapproves of an activity as referred to in subsection (4)(a)(ii), the determining authority shall, by notice in writing to the proponent, indicate the reasons for the imposition of the conditions or for disapproving of the activity. (6) The provisions of subsection (4) have effect notwithstanding any other provisions of this Act (other than Part 3A or Division 5.2) or the provisions of any other Act or of any instrument made under this or any other Act. (6A) (7) Where a nominated determining authority has been nominated in relation to an activity, no other determining authority which may grant an approval in relation to the activity shall be concerned to inquire whether or not the nominated determining authority has complied with this section or section 5.8. ss 5.7, 5.8 (previously ss 112, 113): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. 5.8 Publicity and examination of environmental impact statements (cf previous s 113) (1) A determining authority shall give notice in the prescribed form and manner that a copy of an environmental impact statement prepared by or submitted to it, as referred to in section 5.7(1), may be inspected at— (a) the office of the determining authority and the Department at any time during ordinary office hours, and (b) such other premises operated or controlled by them respectively and at such times as may be prescribed, within such period, being not less than 30 days after the day on which the notice is given, as may be specified in the notice. (2) Any person may, during the period specified in the notice, inspect the environmental impact statement (except any part thereof the publication of which would, in the opinion of the determining authority, be contrary to the public interest by reason of its confidential nature or for any other reason) and may within that period make submissions in writing to the determining authority with respect to the activity to which the environmental impact statement relates. (3) A determining authority shall, as soon as practicable and not less than 21 days before carrying out an activity or granting an approval in relation to an activity, being an activity referred to in section 5.7(1), furnish to the Planning Secretary a copy of any submissions made to it under subsection (2) with respect to the activity. (3A) The determining authority must, at that time, also forward copies of those submissions to the Environment Protection Authority if the activity is a scheduled activity under the Protection of the Environment Operations Act 1997 . (4) (5) Except where the Minister has requested that a review be held by the Independent Planning Commission, the Planning Secretary may examine or cause to be examined in the Department an environmental impact statement furnished in accordance with section 5.7(2) and any submissions made with respect to the activity to which the statement relates under subsection (2) and shall forward, as soon as practicable to the relevant determining authority, a report containing the findings of that examination together with any recommendations arising therefrom. (6) After the report referred to in subsection (5) has been forwarded to the determining authority, the Planning Secretary shall make public that report. (7) Any public authority or body to which an appeal may be made by or under any Act in relation to the activity the subject of an examination carried out under subsection (5) shall, in deciding the appeal, consider and take into account the report forwarded to the determining authority under that subsection. (8) In this section, environmental impact statement includes a fauna impact statement and a species impact statement. ss 5.7, 5.8 (previously ss 112, 113): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. 5.9 Consideration of findings and recommendations of Independent Planning Commission (cf previous s 114) Where the Minister has requested that a review be held by the Independent Planning Commission, with respect to any activity referred to in section 5.7(1)— (a) the Minister shall consider the findings and recommendations of the Independent Planning Commission and forward to the relevant determining authority (whether or not that determining authority is the nominated determining authority) a copy of the findings and recommendations and may give advice to the authority as to whether, in the Minister’s opinion— (i) there are no environmental grounds which would preclude the carrying out of the activity to which the findings and recommendations relate in accordance with the proponent’s proposal, (ii) there are no environmental grounds which would preclude the carrying out of the activity subject to its being modified in the manner specified in the advice, (iii) there are no environmental grounds which would preclude the carrying out of the activity subject to the observance of conditions specified in the advice, or (iv) there are environmental grounds which would preclude the carrying out of the activity, and (b) any public authority or body to which an appeal may be made by or under any Act in relation to the activity shall, in deciding the appeal, consider and take into account the findings and recommendations of the Independent Planning Commission and any such advice given by the Minister. ss 5.9, 5.10 (previously ss 114, 115): Renumbered 2017 No 60, Sch 5.2 [2]. 5.10 Regulations (cf previous s 115) The regulations may make provision for or with respect to— (a) the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment, (b) the preparation, contents, form and submission of environmental impact statements, (c) the making of environmental impact statements available for public comment, or (d) the methods of examination of environmental impact statements and submissions made with respect to activities to which any such statements relate. ss 5.9, 5.10 (previously ss 114, 115): Renumbered 2017 No 60, Sch 5.2 [2]. Division 5.2 State significant infrastructure div 5.2, hdg (previously pt 5.1, heading): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2017 No 60, Sch 5.2 [3]. Subdivision 1 Preliminary div 5.2, sdiv 1, hdg (previously pt 5.1, Div 1, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.11 Definitions (cf previous s 115T) In this Division— approved State significant infrastructure means infrastructure to the extent that it is approved by the Minister under this Division (but does not include any stage of the infrastructure that has not yet been authorised to be carried out by an approval under a staged infrastructure application). critical State significant infrastructure means State significant infrastructure that is critical State significant infrastructure, as referred to in section 5.13. development includes an activity within the meaning of Division 5.1. infrastructure means development for the purposes of infrastructure, including (without limitation) development for the purposes of railways, roads, electricity transmission or distribution networks, pipelines, ports, wharf or boating facilities, telecommunications, sewerage systems, stormwater management systems, water supply systems, waterway or foreshore management activities, flood mitigation works, public parks or reserves management, soil conservation works or other purposes prescribed by the regulations. proponent of infrastructure means the person proposing to carry out development comprising all or any part of the infrastructure, and includes any person certified by the Planning Secretary to be the proponent. State significant infrastructure —see section 5.12. s 5.11 (previously s 115T): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.12 Development that is State significant infrastructure (cf previous s 115U) (1) For the purposes of this Act, State significant infrastructure is development that is declared under this section to be State significant infrastructure. (2) A State environmental planning policy may declare any development, or any class or description of development, to be State significant infrastructure. (3) Development that may be so declared to be State significant infrastructure is development of the following kind that a State environmental planning policy permits to be carried out without development consent under Part 4— (a) infrastructure, (b) other development that (but for this Division and within the meaning of Division 5.1) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Division 5.1. Paragraph (b) does not apply where the proponent is a council, county council or joint organisation under the Local Government Act 1993 . (4) Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose. (5) The Independent Planning Commission or Infrastructure NSW may recommend to the Minister that a declaration be made under subsection (4) in respect of particular development. (6) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (2) and State significant development, it is not State significant infrastructure despite any such declaration. (7) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (4) and State significant development, it is not State significant development despite any declaration under Division 4.7. s 5.12 (previously s 115U): Renumbered 2017 No 60, Sch 5.2 [3]. 5.13 Critical State significant infrastructure (cf previous s 115V) Any State significant infrastructure may also be declared to be critical State significant infrastructure if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons. Any such declaration may be made by the instrument that declared the development to be State significant infrastructure or by a subsequent such instrument. Note. In the case of critical State significant infrastructure, this Division contains the following additional provisions— (a) section 5.22(4), (b) section 5.23(3), (c) section 5.27. Section 2.4(3) also prevents the Minister delegating his or her function under this Division of determining an application for approval to carry out critical State significant infrastructure. s 5.13 (previously s 115V): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28]. Subdivision 2 Environmental assessment and approval of infrastructure div 5.2, sdiv 2, hdg (previously pt 5.1, Div 2, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.14 Minister’s approval required for State significant infrastructure (cf previous s 115W) (1) A person is not to carry out development that is State significant infrastructure unless the Minister has approved of the carrying out of the State significant infrastructure under this Division. (2) The person is to comply with any conditions to which such an approval is subject. Maximum penalty—Tier 1 monetary penalty. s 5.14 (previously s 115W): Renumbered 2017 No 60, Sch 5.2 [3]. 5.15 Application for approval of State significant infrastructure (cf previous s 115X) (1) The proponent may apply for the approval of the Minister under this Division to carry out State significant infrastructure. Note. Section 380AA of the Mining Act 1992 provides that an application in respect of State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) The application is to— (a) describe the infrastructure, and (b) contain any other matter required by the Planning Secretary. (3) The application is to be lodged with the Planning Secretary. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.16 Environmental assessment requirements for approval (cf previous s 115Y) (1) When an application is made for the Minister’s approval for State significant infrastructure, the Planning Secretary is to prepare environmental assessment requirements in respect of the infrastructure. (2) For the purposes of the environmental assessment, the environmental assessment requirements must require an environmental impact statement to be prepared by or on behalf of the proponent in the form prescribed by the regulations. (3) In preparing the environmental assessment requirements, the Planning Secretary is to consult relevant public authorities and have regard to the need for the requirements to assess any key issues raised by those public authorities. (4) The Planning Secretary is to notify the proponent of the environmental assessment requirements. The Planning Secretary may modify those requirements by further notice to the proponent. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.17 Environmental assessment and public consultation (cf previous s 115Z) (1) The proponent is to submit to the Planning Secretary the environmental impact statement required under this Subdivision for approval to carry out the State significant infrastructure. (2) The Planning Secretary may require the proponent to submit a revised environmental impact statement to address the matters notified to the proponent. (3), (4) (5) The Planning Secretary is to provide copies of submissions received by the Planning Secretary or a report of the issues raised in those submissions to— (a) the proponent, and (b) if the State significant infrastructure will require an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —the Public Service agency responsible to the Minister for the Environment, and (c) any other public authority the Planning Secretary considers appropriate. (6) The Planning Secretary may require the proponent to submit to the Planning Secretary— (a) a response to the issues raised in those submissions, and (b) a preferred infrastructure report that outlines any proposed changes to the State significant infrastructure to minimise its environmental impact or to deal with any other issue raised during the assessment of the application concerned. (7) If the Planning Secretary considers that significant changes are proposed to the nature of the State significant infrastructure, the Planning Secretary may make the preferred infrastructure report available to the public. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.18 Planning Secretary’s environmental assessment report (cf previous s 115ZA) (1) The Planning Secretary is to give a report on the State significant infrastructure to the Minister for the purposes of the Minister’s consideration of the application for approval to carry out the infrastructure. (2) The Planning Secretary’s report is to include— (a) a copy of the proponent’s environmental impact statement and any preferred infrastructure report, and (b) any advice provided by public authorities on the State significant infrastructure, and (c) a copy of any report or advice of the Independent Planning Commission in respect of the State significant infrastructure, and (d) any environmental assessment undertaken by the Planning Secretary or other matter the Planning Secretary considers appropriate. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.19 Giving of approval by Minister to carry out project (cf previous s 115ZB) (1) If— (a) the proponent makes an application for the approval of the Minister under this Division to carry out State significant infrastructure, and (b) the Planning Secretary has given his or her report on the State significant infrastructure to the Minister, the Minister may approve or disapprove of the carrying out of the State significant infrastructure. (2) The Minister, when deciding whether or not to approve the carrying out of State significant infrastructure, is to consider— (a) the Planning Secretary’s report on the infrastructure and the reports, advice and recommendations contained in the report, and (b) any advice provided by the Minister having portfolio responsibility for the proponent, and (c) any findings or recommendations of the Independent Planning Commission following a review in respect of the State significant infrastructure. (3) State significant infrastructure may be approved under this Division with such modifications of the infrastructure or on such conditions as the Minister may determine. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Subdivision 3 Staged infrastructure applications div 5.2, sdiv 3, hdg (previously pt 5.1, Div 3, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.20 Staged infrastructure applications (cf previous s 115ZD) (1) For the purposes of this Division, a staged infrastructure application is an application for approval of State significant infrastructure under this Division that sets out concept proposals for the proposed infrastructure, and for which detailed proposals for separate parts of the infrastructure are to be the subject of subsequent applications for approval. The application may set out detailed proposals for the first stage. (2) If approval is granted under this Division on the determination of a staged infrastructure application, the approval does not authorise the carrying out of any part of the State significant infrastructure unless— (a) approval is subsequently granted to carry out that part of the infrastructure following a further application for approval in respect of that part of the infrastructure, or (b) the staged infrastructure application also provided the requisite details of that part of the infrastructure and approval is granted for that first stage without the need for further approval. (3) The terms of an approval granted on the determination of a staged infrastructure application are to reflect the operation of subsection (2). ss 5.20, 5.21 (previously ss 115ZD, 115ZE): Renumbered 2017 No 60, Sch 5.2 [3]. 5.21 Status of staged infrastructure applications and approvals (cf previous s 115ZE) (1) The provisions of or made under this or any other Act relating to applications for approval and approvals under this Division apply, except as otherwise provided by or under this or any other Act, to a staged infrastructure application and an approval granted on the determination of any such application. (2) An approval granted on the determination of a staged infrastructure application for infrastructure does not have any effect to the extent that it is inconsistent with the determination of any further application for approval in respect of that infrastructure. ss 5.20, 5.21 (previously ss 115ZD, 115ZE): Renumbered 2017 No 60, Sch 5.2 [3]. Subdivision 4 Application of other provisions of this and other Acts div 5.2, sdiv 4, hdg (previously pt 5.1, Div 4, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.22 Application of other provisions of Act (cf previous s 115ZF) (1) Part 4 and Division 5.1 do not, except as provided by this Division, apply to or in respect of State significant infrastructure (including the declaration of the infrastructure as State significant infrastructure and any approval or other requirement under this Division for the infrastructure). (2) Part 3 and environmental planning instruments do not apply to or in respect of State significant infrastructure, except that— (a) they apply to the declaration of infrastructure as State significant infrastructure or as critical State significant infrastructure (and to the declaration of development that does not require consent), and (b) they apply in so far as they relate to section 3.16, and for that purpose a reference in that section to enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act is to be construed as a reference to enabling State significant infrastructure to be carried out in accordance with an approval granted under this Division. (3) Divisions 7.1 and 7.2 apply to State significant infrastructure that is not carried out by or on behalf of a public authority (and to the giving of approval for the carrying out of any such infrastructure under this Division) in the same way as they apply to development and the granting of consent to the carrying out of development under Part 4, subject to any necessary modifications and any modifications prescribed by the regulations. (4) A development control order cannot be given in relation to critical State significant infrastructure. (5) (6) Section 6.28 applies to approved State significant infrastructure. Note. Section 6.33(2) authorises the regulations to apply provisions of Part 6 relating to building and subdivision certification to State significant infrastructure. s 5.22 (previously s 115ZF): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [29] [30]. 5.23 Approvals etc legislation that does not apply (cf previous s 115ZG) (1) The following authorisations are not required for approved State significant infrastructure (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply)— (a) (b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994 , (c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977 , (d) an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974 , (e) (f) a bush fire safety authority under section 100B of the Rural Fires Act 1997 , (g) a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference approval) under section 91 of the Water Management Act 2000 . (2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure. (3) The following directions, orders or notices cannot be made or given so as to prevent or interfere with the carrying out of approved critical State significant infrastructure— (a) an interim protection order (within the meaning of the National Parks and Wildlife Act 1974 ), (b) an order under Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act 1974 or Division 7 (Stop work orders) of Part 7A of the Fisheries Management Act 1994 , (c) a remediation direction under Division 3 (Remediation directions) of Part 6A of the National Parks and Wildlife Act 1974 , (c1) an order or direction under Part 11 (Regulatory compliance mechanisms) of the Biodiversity Conservation Act 2016 , (d) an environment protection notice under Chapter 4 of the Protection of the Environment Operations Act 1997 , (e) an order under section 124 of the Local Government Act 1993 . (4) A reference in this section to approved State significant infrastructure includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Division in connection with an application for approval to carry out the State significant infrastructure. s 5.23 (previously s 115ZG): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2016 No 20, Sch 4.1 [5]. 5.24 Approvals etc legislation that must be applied consistently (cf previous s 115ZH) (1) An authorisation of the following kind cannot be refused if it is necessary for carrying out approved State significant infrastructure and is to be substantially consistent with the approval under this Division— (a) an aquaculture permit under section 144 of the Fisheries Management Act 1994 , (b) an approval under the Coal Mine Subsidence Compensation Act 2017 , section 22, (c) a mining lease under the Mining Act 1992 , Note. Under section 380A of the Mining Act 1992 , a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (d) a production lease under the Petroleum (Onshore) Act 1991 , Note. Under section 24A of the Petroleum (Onshore) Act 1991 , a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act), (f) a consent under section 138 of the Roads Act 1993 , (g) a licence under the Pipelines Act 1967 . (2) This section does not apply to or in respect of— (a) an application for the renewal of an authorisation or a renewed authorisation, or (b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or (c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —any period after the first review of the licence under section 78 of that Act. (3) A reference in this section to an authorisation or approval includes a reference to any conditions of the authorisation or approval. (4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation. s 5.24 (previously s 115ZH): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2022 No 59, Sch 2.18[2]. Subdivision 5 Miscellaneous div 5.2, sdiv 5, hdg (previously pt 5.1, Div 5, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.25 Modification of Minister’s approval (cf previous s 115ZI) (1) In this section— Minister’s approval means an approval to carry out State significant infrastructure under this Division, and includes an approval granted on the determination of a staged infrastructure application. modification of an approval means changing the terms of the approval, including revoking or varying a condition of the approval or imposing an additional condition on the approval. (2) The proponent may request the Minister to modify the Minister’s approval for State significant infrastructure. The Minister’s approval for a modification is not required if the infrastructure as modified will be consistent with the existing approval under this Division. Note. Section 380AA of the Mining Act 1992 provides that a request for the modification of approval for State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (3) The request for the Minister’s approval is to be lodged with the Planning Secretary. The Planning Secretary may notify the proponent of environmental assessment requirements with respect to the proposed modification that the proponent must comply with before the matter will be considered by the Minister. (4) The Minister may modify the approval (with or without conditions) or disapprove of the modification. s 5.25 (previously s 115ZI): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.26 Validity of action under this Division (cf previous s 115ZJ) (1) The validity of an approval or other decision under this Division cannot be questioned in any legal proceedings in which the decision may be challenged except those commenced in the Court within 3 months after public notice of the decision was given. (2) The only requirement of this Division that is mandatory in connection with the validity of an approval of State significant infrastructure is a requirement that an environmental impact statement with respect to the infrastructure is made publicly available under this Division. (3) Any infrastructure that has been approved (or purports to be approved) by the Minister under this Division is taken to be State significant infrastructure to which this Division applies, and to have been such infrastructure for the purposes of any application or other matter under this Division in relation to the infrastructure. ss 5.26, 5.27 (previously ss 115ZJ, 115ZK): Renumbered 2017 No 60, Sch 5.2 [3]. 5.27 Third-party appeals and judicial review—critical State significant infrastructure (cf previous s 115ZK) (1) In this section— breach has the meaning given by Division 9.5. the judicial review jurisdiction of the Court means the jurisdiction conferred on the Court under section 20(2) of the Land and Environment Court Act 1979 . the third-party appeal provisions means Division 9.5 of this Act and sections 252 and 253 of the Protection of the Environment Operations Act 1997 . (2) The third-party appeal provisions do not apply in relation to the following (except in relation to an application to the Court made or approved by the Minister)— (a) a breach of this Act arising under this Division in respect of critical State significant infrastructure, including the declaration of the development as State significant infrastructure (and as critical State significant infrastructure) and any approval or other requirement under this Division for the infrastructure, (b) a breach of any conditions of an approval under this Division for critical State significant infrastructure, (c) a breach of this or any other Act arising in respect of the giving of an authorisation of a kind referred to in section 5.24(1) for critical State significant infrastructure (or in respect of the conditions of such an authorisation). (3) The conditions of approval under this Division for critical State significant infrastructure are conditions that may only be enforced by or with the approval of the Minister (whether under the third-party appeal provisions, the judicial review jurisdiction of the Court or in any other proceedings). (4) The third-party appeal provisions and the judicial review jurisdiction of the Court are subject to the provisions of section 5.26. ss 5.26, 5.27 (previously ss 115ZJ, 115ZK): Renumbered 2017 No 60, Sch 5.2 [3]. 5.28 Miscellaneous provisions relating to approvals under this Division (cf previous s 115ZL) (1) The following documents under this Division in relation to State significant infrastructure are to be made publicly available by the Planning Secretary in accordance with the regulations— (a) applications to carry out State significant infrastructure, (b) environmental assessment requirements for State significant infrastructure, (c) environmental impact statements placed on public exhibition and responses provided to the Planning Secretary by the proponent after the end of the public exhibition period, (d) environmental assessment reports of the Planning Secretary to the Minister, (e) any advice, recommendations or reports received from the Independent Planning Commission, (f) approvals to carry out State significant infrastructure given by the Minister, (g) requests for modifications of approvals given by the Minister and any modifications made by the Minister, (h) any reasons given to the proponent by the Minister as referred to in subsection (2), (i) any other matter prescribed by the regulations. (2) The Minister is to give reasons to the proponent for a decision— (a) not to approve State significant infrastructure under this Division, or (b) to modify the State significant infrastructure for which the proponent has sought approval under this Division. (3) An approval under this Division may be subject to a condition that it lapses on a specified date unless specified action with respect to the approval has been taken (such as the commencement of work on the infrastructure). Any such condition may be modified to extend the lapsing period. (4) An approval under this Division may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the approval. (5) A condition of the approval of State significant infrastructure under this Division may require any one or more of the following— (a) the surrender under this section of any other approval under this Division (or under Part 3A) relating to the infrastructure or the land concerned, (b) the surrender under section 4.63 of any development consent relating to the infrastructure or the land concerned, (c) the surrender, subject to and in accordance with the regulations, of a right conferred by Division 4.11 relating to the infrastructure or the land concerned. s 5.28 (previously s 115ZL): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.29 Regulations for purposes of Division (cf previous s 115ZM) The regulations may make provision for or with respect to the approval of State significant infrastructure under this Division and to approved State significant infrastructure, including— (a) the requirements and procedures for making applications for approvals under this Division, and (b) requiring owners of land on which State significant infrastructure is proposed to be carried out to consent to applications for approvals under this Division, and (c) the amendment of applications for approvals under this Division, and (d) the preparation, notification and modification of requirements for environmental assessment of State significant infrastructure, and (e) the requirements for environmental impact statements under this Division, and (f) the fees for applications and the exercise of functions under this Division, and (g) requiring the New South Wales Aboriginal Land Council to consent to applications for approvals under this Division on land owned by Local Aboriginal Land Councils, if the consent of the Local Aboriginal Land Council concerned is required as owner of the land, and (h) providing for public exhibition, notification and public registers of applications for approvals under this Division (or for the modification of approvals) and of the determination of those applications, and (i) the effect of the revocation of the declaration of development as State significant infrastructure. s 5.29 (previously s 115ZM): Renumbered 2017 No 60, Sch 5.2 [3]. Division 5.3 Infrastructure corridors—concurrences and notifications div 5.3 (ss 5.30–5.32): Ins 2017 No 60, Sch 5.1 [1]. 5.30 Designation of “infrastructure corridors” (1) A State environmental planning policy may designate land to be an infrastructure corridor for the purposes of this Division if it has been set aside for future use as a road, railway, public transit way, electricity transmission line, pipeline or other linear infrastructure. (2) Land may not be so designated unless— (a) the land is zoned for that future use under an environmental planning instrument, or (b) the land is identified for that future use under a strategic plan under Division 3.1, or (c) the land is identified in an environmental planning instrument as requiring the concurrence of a public authority before consent is granted to development on the land if the public authority is required to take into account the likely impact of the development on that future use. div 5.3 (ss 5.30–5.32): Ins 2017 No 60, Sch 5.1 [1]. 5.31 Concurrence and notification requirements for activities within infrastructure corridors (1) A State environmental planning policy may require a determining authority to obtain the concurrence of a specified public authority (or to notify a specified public authority) before carrying out an activity, or granting an approval in relation to an activity, within an infrastructure corridor. (2) A specified public authority may refuse concurrence if it is satisfied that the activity concerned will unreasonably interfere with the use for which the infrastructure corridor has been set aside (including unreasonably increasing the cost of constructing and operating the infrastructure for that use). (3) A determining authority that fails to comply with the requirements of a State environmental planning policy under this Division in relation to an activity is taken not to have complied with its obligations for environmental assessment of the activity under this Part. div 5.3 (ss 5.30–5.32): Ins 2017 No 60, Sch 5.1 [1]. 5.32 Review of decisions to refuse concurrence (1) If the specified public authority refuses concurrence under this Division, the determining authority concerned may seek a review of the refusal— (a) if the specified public authority is not a Minister—by the Planning Secretary, or (b) if the specified public authority is a Minister or is the Planning Secretary—by the Minister administering this Act. (2) On such a review, the Planning Secretary or the Minister administering this Act may confirm the refusal or act in the place of the specified authority and give concurrence. div 5.3 (ss 5.30–5.32): Ins 2017 No 60, Sch 5.1 [1].

State significant infrastructure div 5.2, hdg (previously pt 5.1, heading): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2017 No 60, Sch 5.2 [3]. Subdivision 1 Preliminary div 5.2, sdiv 1, hdg (previously pt 5.1, Div 1, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.11 Definitions (cf previous s 115T) In this Division— approved State significant infrastructure means infrastructure to the extent that it is approved by the Minister under this Division (but does not include any stage of the infrastructure that has not yet been authorised to be carried out by an approval under a staged infrastructure application). critical State significant infrastructure means State significant infrastructure that is critical State significant infrastructure, as referred to in section 5.13. development includes an activity within the meaning of Division 5.1. infrastructure means development for the purposes of infrastructure, including (without limitation) development for the purposes of railways, roads, electricity transmission or distribution networks, pipelines, ports, wharf or boating facilities, telecommunications, sewerage systems, stormwater management systems, water supply systems, waterway or foreshore management activities, flood mitigation works, public parks or reserves management, soil conservation works or other purposes prescribed by the regulations. proponent of infrastructure means the person proposing to carry out development comprising all or any part of the infrastructure, and includes any person certified by the Planning Secretary to be the proponent. State significant infrastructure —see section 5.12. s 5.11 (previously s 115T): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.12 Development that is State significant infrastructure (cf previous s 115U) (1) For the purposes of this Act, State significant infrastructure is development that is declared under this section to be State significant infrastructure. (2) A State environmental planning policy may declare any development, or any class or description of development, to be State significant infrastructure. (3) Development that may be so declared to be State significant infrastructure is development of the following kind that a State environmental planning policy permits to be carried out without development consent under Part 4— (a) infrastructure, (b) other development that (but for this Division and within the meaning of Division 5.1) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Division 5.1. Paragraph (b) does not apply where the proponent is a council, county council or joint organisation under the Local Government Act 1993 . (4) Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose. (5) The Independent Planning Commission or Infrastructure NSW may recommend to the Minister that a declaration be made under subsection (4) in respect of particular development. (6) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (2) and State significant development, it is not State significant infrastructure despite any such declaration. (7) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (4) and State significant development, it is not State significant development despite any declaration under Division 4.7. s 5.12 (previously s 115U): Renumbered 2017 No 60, Sch 5.2 [3]. 5.13 Critical State significant infrastructure (cf previous s 115V) Any State significant infrastructure may also be declared to be critical State significant infrastructure if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons. Any such declaration may be made by the instrument that declared the development to be State significant infrastructure or by a subsequent such instrument. Note. In the case of critical State significant infrastructure, this Division contains the following additional provisions— (a) section 5.22(4), (b) section 5.23(3), (c) section 5.27. Section 2.4(3) also prevents the Minister delegating his or her function under this Division of determining an application for approval to carry out critical State significant infrastructure. s 5.13 (previously s 115V): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28]. Subdivision 2 Environmental assessment and approval of infrastructure div 5.2, sdiv 2, hdg (previously pt 5.1, Div 2, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.14 Minister’s approval required for State significant infrastructure (cf previous s 115W) (1) A person is not to carry out development that is State significant infrastructure unless the Minister has approved of the carrying out of the State significant infrastructure under this Division. (2) The person is to comply with any conditions to which such an approval is subject. Maximum penalty—Tier 1 monetary penalty. s 5.14 (previously s 115W): Renumbered 2017 No 60, Sch 5.2 [3]. 5.15 Application for approval of State significant infrastructure (cf previous s 115X) (1) The proponent may apply for the approval of the Minister under this Division to carry out State significant infrastructure. Note. Section 380AA of the Mining Act 1992 provides that an application in respect of State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (2) The application is to— (a) describe the infrastructure, and (b) contain any other matter required by the Planning Secretary. (3) The application is to be lodged with the Planning Secretary. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.16 Environmental assessment requirements for approval (cf previous s 115Y) (1) When an application is made for the Minister’s approval for State significant infrastructure, the Planning Secretary is to prepare environmental assessment requirements in respect of the infrastructure. (2) For the purposes of the environmental assessment, the environmental assessment requirements must require an environmental impact statement to be prepared by or on behalf of the proponent in the form prescribed by the regulations. (3) In preparing the environmental assessment requirements, the Planning Secretary is to consult relevant public authorities and have regard to the need for the requirements to assess any key issues raised by those public authorities. (4) The Planning Secretary is to notify the proponent of the environmental assessment requirements. The Planning Secretary may modify those requirements by further notice to the proponent. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.17 Environmental assessment and public consultation (cf previous s 115Z) (1) The proponent is to submit to the Planning Secretary the environmental impact statement required under this Subdivision for approval to carry out the State significant infrastructure. (2) The Planning Secretary may require the proponent to submit a revised environmental impact statement to address the matters notified to the proponent. (3), (4) (5) The Planning Secretary is to provide copies of submissions received by the Planning Secretary or a report of the issues raised in those submissions to— (a) the proponent, and (b) if the State significant infrastructure will require an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —the Public Service agency responsible to the Minister for the Environment, and (c) any other public authority the Planning Secretary considers appropriate. (6) The Planning Secretary may require the proponent to submit to the Planning Secretary— (a) a response to the issues raised in those submissions, and (b) a preferred infrastructure report that outlines any proposed changes to the State significant infrastructure to minimise its environmental impact or to deal with any other issue raised during the assessment of the application concerned. (7) If the Planning Secretary considers that significant changes are proposed to the nature of the State significant infrastructure, the Planning Secretary may make the preferred infrastructure report available to the public. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.18 Planning Secretary’s environmental assessment report (cf previous s 115ZA) (1) The Planning Secretary is to give a report on the State significant infrastructure to the Minister for the purposes of the Minister’s consideration of the application for approval to carry out the infrastructure. (2) The Planning Secretary’s report is to include— (a) a copy of the proponent’s environmental impact statement and any preferred infrastructure report, and (b) any advice provided by public authorities on the State significant infrastructure, and (c) a copy of any report or advice of the Independent Planning Commission in respect of the State significant infrastructure, and (d) any environmental assessment undertaken by the Planning Secretary or other matter the Planning Secretary considers appropriate. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.19 Giving of approval by Minister to carry out project (cf previous s 115ZB) (1) If— (a) the proponent makes an application for the approval of the Minister under this Division to carry out State significant infrastructure, and (b) the Planning Secretary has given his or her report on the State significant infrastructure to the Minister, the Minister may approve or disapprove of the carrying out of the State significant infrastructure. (2) The Minister, when deciding whether or not to approve the carrying out of State significant infrastructure, is to consider— (a) the Planning Secretary’s report on the infrastructure and the reports, advice and recommendations contained in the report, and (b) any advice provided by the Minister having portfolio responsibility for the proponent, and (c) any findings or recommendations of the Independent Planning Commission following a review in respect of the State significant infrastructure. (3) State significant infrastructure may be approved under this Division with such modifications of the infrastructure or on such conditions as the Minister may determine. ss 5.15–5.19 (previously ss 115X–115ZB): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Subdivision 3 Staged infrastructure applications div 5.2, sdiv 3, hdg (previously pt 5.1, Div 3, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.20 Staged infrastructure applications (cf previous s 115ZD) (1) For the purposes of this Division, a staged infrastructure application is an application for approval of State significant infrastructure under this Division that sets out concept proposals for the proposed infrastructure, and for which detailed proposals for separate parts of the infrastructure are to be the subject of subsequent applications for approval. The application may set out detailed proposals for the first stage. (2) If approval is granted under this Division on the determination of a staged infrastructure application, the approval does not authorise the carrying out of any part of the State significant infrastructure unless— (a) approval is subsequently granted to carry out that part of the infrastructure following a further application for approval in respect of that part of the infrastructure, or (b) the staged infrastructure application also provided the requisite details of that part of the infrastructure and approval is granted for that first stage without the need for further approval. (3) The terms of an approval granted on the determination of a staged infrastructure application are to reflect the operation of subsection (2). ss 5.20, 5.21 (previously ss 115ZD, 115ZE): Renumbered 2017 No 60, Sch 5.2 [3]. 5.21 Status of staged infrastructure applications and approvals (cf previous s 115ZE) (1) The provisions of or made under this or any other Act relating to applications for approval and approvals under this Division apply, except as otherwise provided by or under this or any other Act, to a staged infrastructure application and an approval granted on the determination of any such application. (2) An approval granted on the determination of a staged infrastructure application for infrastructure does not have any effect to the extent that it is inconsistent with the determination of any further application for approval in respect of that infrastructure. ss 5.20, 5.21 (previously ss 115ZD, 115ZE): Renumbered 2017 No 60, Sch 5.2 [3]. Subdivision 4 Application of other provisions of this and other Acts div 5.2, sdiv 4, hdg (previously pt 5.1, Div 4, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.22 Application of other provisions of Act (cf previous s 115ZF) (1) Part 4 and Division 5.1 do not, except as provided by this Division, apply to or in respect of State significant infrastructure (including the declaration of the infrastructure as State significant infrastructure and any approval or other requirement under this Division for the infrastructure). (2) Part 3 and environmental planning instruments do not apply to or in respect of State significant infrastructure, except that— (a) they apply to the declaration of infrastructure as State significant infrastructure or as critical State significant infrastructure (and to the declaration of development that does not require consent), and (b) they apply in so far as they relate to section 3.16, and for that purpose a reference in that section to enabling development to be carried out in accordance with an environmental planning instrument or in accordance with a consent granted under this Act is to be construed as a reference to enabling State significant infrastructure to be carried out in accordance with an approval granted under this Division. (3) Divisions 7.1 and 7.2 apply to State significant infrastructure that is not carried out by or on behalf of a public authority (and to the giving of approval for the carrying out of any such infrastructure under this Division) in the same way as they apply to development and the granting of consent to the carrying out of development under Part 4, subject to any necessary modifications and any modifications prescribed by the regulations. (4) A development control order cannot be given in relation to critical State significant infrastructure. (5) (6) Section 6.28 applies to approved State significant infrastructure. Note. Section 6.33(2) authorises the regulations to apply provisions of Part 6 relating to building and subdivision certification to State significant infrastructure. s 5.22 (previously s 115ZF): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [29] [30]. 5.23 Approvals etc legislation that does not apply (cf previous s 115ZG) (1) The following authorisations are not required for approved State significant infrastructure (and accordingly the provisions of any Act that prohibit an activity without such an authority do not apply)— (a) (b) a permit under section 201, 205 or 219 of the Fisheries Management Act 1994 , (c) an approval under Part 4, or an excavation permit under section 139, of the Heritage Act 1977 , (d) an Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974 , (e) (f) a bush fire safety authority under section 100B of the Rural Fires Act 1997 , (g) a water use approval under section 89, a water management work approval under section 90 or an activity approval (other than an aquifer interference approval) under section 91 of the Water Management Act 2000 . (2) Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure. (3) The following directions, orders or notices cannot be made or given so as to prevent or interfere with the carrying out of approved critical State significant infrastructure— (a) an interim protection order (within the meaning of the National Parks and Wildlife Act 1974 ), (b) an order under Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act 1974 or Division 7 (Stop work orders) of Part 7A of the Fisheries Management Act 1994 , (c) a remediation direction under Division 3 (Remediation directions) of Part 6A of the National Parks and Wildlife Act 1974 , (c1) an order or direction under Part 11 (Regulatory compliance mechanisms) of the Biodiversity Conservation Act 2016 , (d) an environment protection notice under Chapter 4 of the Protection of the Environment Operations Act 1997 , (e) an order under section 124 of the Local Government Act 1993 . (4) A reference in this section to approved State significant infrastructure includes a reference to any investigative or other activities that are required to be carried out for the purpose of complying with any environmental assessment requirements under this Division in connection with an application for approval to carry out the State significant infrastructure. s 5.23 (previously s 115ZG): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2016 No 20, Sch 4.1 [5]. 5.24 Approvals etc legislation that must be applied consistently (cf previous s 115ZH) (1) An authorisation of the following kind cannot be refused if it is necessary for carrying out approved State significant infrastructure and is to be substantially consistent with the approval under this Division— (a) an aquaculture permit under section 144 of the Fisheries Management Act 1994 , (b) an approval under the Coal Mine Subsidence Compensation Act 2017 , section 22, (c) a mining lease under the Mining Act 1992 , Note. Under section 380A of the Mining Act 1992 , a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (d) a production lease under the Petroleum (Onshore) Act 1991 , Note. Under section 24A of the Petroleum (Onshore) Act 1991 , a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section. (e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act), (f) a consent under section 138 of the Roads Act 1993 , (g) a licence under the Pipelines Act 1967 . (2) This section does not apply to or in respect of— (a) an application for the renewal of an authorisation or a renewed authorisation, or (b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or (c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 —any period after the first review of the licence under section 78 of that Act. (3) A reference in this section to an authorisation or approval includes a reference to any conditions of the authorisation or approval. (4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation. s 5.24 (previously s 115ZH): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2022 No 59, Sch 2.18[2]. Subdivision 5 Miscellaneous div 5.2, sdiv 5, hdg (previously pt 5.1, Div 5, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.25 Modification of Minister’s approval (cf previous s 115ZI) (1) In this section— Minister’s approval means an approval to carry out State significant infrastructure under this Division, and includes an approval granted on the determination of a staged infrastructure application. modification of an approval means changing the terms of the approval, including revoking or varying a condition of the approval or imposing an additional condition on the approval. (2) The proponent may request the Minister to modify the Minister’s approval for State significant infrastructure. The Minister’s approval for a modification is not required if the infrastructure as modified will be consistent with the existing approval under this Division. Note. Section 380AA of the Mining Act 1992 provides that a request for the modification of approval for State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned. (3) The request for the Minister’s approval is to be lodged with the Planning Secretary. The Planning Secretary may notify the proponent of environmental assessment requirements with respect to the proposed modification that the proponent must comply with before the matter will be considered by the Minister. (4) The Minister may modify the approval (with or without conditions) or disapprove of the modification. s 5.25 (previously s 115ZI): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.26 Validity of action under this Division (cf previous s 115ZJ) (1) The validity of an approval or other decision under this Division cannot be questioned in any legal proceedings in which the decision may be challenged except those commenced in the Court within 3 months after public notice of the decision was given. (2) The only requirement of this Division that is mandatory in connection with the validity of an approval of State significant infrastructure is a requirement that an environmental impact statement with respect to the infrastructure is made publicly available under this Division. (3) Any infrastructure that has been approved (or purports to be approved) by the Minister under this Division is taken to be State significant infrastructure to which this Division applies, and to have been such infrastructure for the purposes of any application or other matter under this Division in relation to the infrastructure. ss 5.26, 5.27 (previously ss 115ZJ, 115ZK): Renumbered 2017 No 60, Sch 5.2 [3]. 5.27 Third-party appeals and judicial review—critical State significant infrastructure (cf previous s 115ZK) (1) In this section— breach has the meaning given by Division 9.5. the judicial review jurisdiction of the Court means the jurisdiction conferred on the Court under section 20(2) of the Land and Environment Court Act 1979 . the third-party appeal provisions means Division 9.5 of this Act and sections 252 and 253 of the Protection of the Environment Operations Act 1997 . (2) The third-party appeal provisions do not apply in relation to the following (except in relation to an application to the Court made or approved by the Minister)— (a) a breach of this Act arising under this Division in respect of critical State significant infrastructure, including the declaration of the development as State significant infrastructure (and as critical State significant infrastructure) and any approval or other requirement under this Division for the infrastructure, (b) a breach of any conditions of an approval under this Division for critical State significant infrastructure, (c) a breach of this or any other Act arising in respect of the giving of an authorisation of a kind referred to in section 5.24(1) for critical State significant infrastructure (or in respect of the conditions of such an authorisation). (3) The conditions of approval under this Division for critical State significant infrastructure are conditions that may only be enforced by or with the approval of the Minister (whether under the third-party appeal provisions, the judicial review jurisdiction of the Court or in any other proceedings). (4) The third-party appeal provisions and the judicial review jurisdiction of the Court are subject to the provisions of section 5.26. ss 5.26, 5.27 (previously ss 115ZJ, 115ZK): Renumbered 2017 No 60, Sch 5.2 [3]. 5.28 Miscellaneous provisions relating to approvals under this Division (cf previous s 115ZL) (1) The following documents under this Division in relation to State significant infrastructure are to be made publicly available by the Planning Secretary in accordance with the regulations— (a) applications to carry out State significant infrastructure, (b) environmental assessment requirements for State significant infrastructure, (c) environmental impact statements placed on public exhibition and responses provided to the Planning Secretary by the proponent after the end of the public exhibition period, (d) environmental assessment reports of the Planning Secretary to the Minister, (e) any advice, recommendations or reports received from the Independent Planning Commission, (f) approvals to carry out State significant infrastructure given by the Minister, (g) requests for modifications of approvals given by the Minister and any modifications made by the Minister, (h) any reasons given to the proponent by the Minister as referred to in subsection (2), (i) any other matter prescribed by the regulations. (2) The Minister is to give reasons to the proponent for a decision— (a) not to approve State significant infrastructure under this Division, or (b) to modify the State significant infrastructure for which the proponent has sought approval under this Division. (3) An approval under this Division may be subject to a condition that it lapses on a specified date unless specified action with respect to the approval has been taken (such as the commencement of work on the infrastructure). Any such condition may be modified to extend the lapsing period. (4) An approval under this Division may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the approval. (5) A condition of the approval of State significant infrastructure under this Division may require any one or more of the following— (a) the surrender under this section of any other approval under this Division (or under Part 3A) relating to the infrastructure or the land concerned, (b) the surrender under section 4.63 of any development consent relating to the infrastructure or the land concerned, (c) the surrender, subject to and in accordance with the regulations, of a right conferred by Division 4.11 relating to the infrastructure or the land concerned. s 5.28 (previously s 115ZL): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.29 Regulations for purposes of Division (cf previous s 115ZM) The regulations may make provision for or with respect to the approval of State significant infrastructure under this Division and to approved State significant infrastructure, including— (a) the requirements and procedures for making applications for approvals under this Division, and (b) requiring owners of land on which State significant infrastructure is proposed to be carried out to consent to applications for approvals under this Division, and (c) the amendment of applications for approvals under this Division, and (d) the preparation, notification and modification of requirements for environmental assessment of State significant infrastructure, and (e) the requirements for environmental impact statements under this Division, and (f) the fees for applications and the exercise of functions under this Division, and (g) requiring the New South Wales Aboriginal Land Council to consent to applications for approvals under this Division on land owned by Local Aboriginal Land Councils, if the consent of the Local Aboriginal Land Council concerned is required as owner of the land, and (h) providing for public exhibition, notification and public registers of applications for approvals under this Division (or for the modification of approvals) and of the determination of those applications, and (i) the effect of the revocation of the declaration of development as State significant infrastructure. s 5.29 (previously s 115ZM): Renumbered 2017 No 60, Sch 5.2 [3].

Preliminary div 5.2, sdiv 1, hdg (previously pt 5.1, Div 1, heading): Renumbered 2017 No 60, Sch 5.2 [3]. 5.11 Definitions (cf previous s 115T) In this Division— approved State significant infrastructure means infrastructure to the extent that it is approved by the Minister under this Division (but does not include any stage of the infrastructure that has not yet been authorised to be carried out by an approval under a staged infrastructure application). critical State significant infrastructure means State significant infrastructure that is critical State significant infrastructure, as referred to in section 5.13. development includes an activity within the meaning of Division 5.1. infrastructure means development for the purposes of infrastructure, including (without limitation) development for the purposes of railways, roads, electricity transmission or distribution networks, pipelines, ports, wharf or boating facilities, telecommunications, sewerage systems, stormwater management systems, water supply systems, waterway or foreshore management activities, flood mitigation works, public parks or reserves management, soil conservation works or other purposes prescribed by the regulations. proponent of infrastructure means the person proposing to carry out development comprising all or any part of the infrastructure, and includes any person certified by the Planning Secretary to be the proponent. State significant infrastructure —see section 5.12. s 5.11 (previously s 115T): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. 5.12 Development that is State significant infrastructure (cf previous s 115U) (1) For the purposes of this Act, State significant infrastructure is development that is declared under this section to be State significant infrastructure. (2) A State environmental planning policy may declare any development, or any class or description of development, to be State significant infrastructure. (3) Development that may be so declared to be State significant infrastructure is development of the following kind that a State environmental planning policy permits to be carried out without development consent under Part 4— (a) infrastructure, (b) other development that (but for this Division and within the meaning of Division 5.1) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Division 5.1. Paragraph (b) does not apply where the proponent is a council, county council or joint organisation under the Local Government Act 1993 . (4) Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose. (5) The Independent Planning Commission or Infrastructure NSW may recommend to the Minister that a declaration be made under subsection (4) in respect of particular development. (6) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (2) and State significant development, it is not State significant infrastructure despite any such declaration. (7) If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (4) and State significant development, it is not State significant development despite any declaration under Division 4.7. s 5.12 (previously s 115U): Renumbered 2017 No 60, Sch 5.2 [3]. 5.13 Critical State significant infrastructure (cf previous s 115V) Any State significant infrastructure may also be declared to be critical State significant infrastructure if it is of a category that, in the opinion of the Minister, is essential for the State for economic, environmental or social reasons. Any such declaration may be made by the instrument that declared the development to be State significant infrastructure or by a subsequent such instrument. Note. In the case of critical State significant infrastructure, this Division contains the following additional provisions— (a) section 5.22(4), (b) section 5.23(3), (c) section 5.27. Section 2.4(3) also prevents the Minister delegating his or her function under this Division of determining an application for approval to carry out critical State significant infrastructure. s 5.13 (previously s 115V): Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28].

Development that is State significant infrastructure s 5.12 (previously s 115U): Renumbered 2017 No 60, Sch 5.2 [3].

(4) Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose.

Infrastructure contributions and finance pt 7, hdg: Ins 2017 No 60, Sch 7.2 [3]. Division 7.1 Development contributions div 7.1 (previously pt 4, Div 6): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 1 Preliminary div 7.1, sdiv 1 (previously pt 4, Div 6, Subdiv 1): Renumbered 2017 No 60, Sch 7.2 [1]. 7.1 Definitions (cf previous s 93C) In this Division— contributions plan means a contributions plan approved under section 7.18. development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974 . growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974 . planning agreement means a voluntary agreement referred to in section 7.4. planning authority means— (a) a council, or (b) the Minister, or (c) the Planning Ministerial Corporation, or (d) a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974 ), or (e) a public authority declared by the regulations to be a planning authority for the purposes of this Division. public amenities or public services do not include water supply or sewerage services. s 7.1 (previously s 93C93E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. 7.2 Relationship to planning instruments (cf previous s 93D) This Division does not derogate from or otherwise affect any provision of an environmental planning instrument, whether made before or after the commencement of this section, that requires satisfactory arrangements to be made for the provision of particular kinds of public infrastructure, facilities or services before development is carried out. s 7.2 (previously s 93D): Renumbered 2017 No 60, Sch 7.2 [1]. 7.3 Provisions relating to money etc contributed under this Division (other than Subdivision 4) (cf previous s 93E) (1) A consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time. (2) However, money paid under this Division (other than Subdivision 4) for different purposes in accordance with the conditions of development consents may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan or ministerial direction under this Division (other than Subdivision 4). (3) Land dedicated in accordance with this Division (other than Subdivision 4) is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time. (4) A reference in this section to a monetary contribution or levy includes a reference to any additional amount earned from its investment. s 7.3 (previously s 93E): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 2 Planning agreements div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2): Renumbered 2017 No 60, Sch 7.2 [1]. 7.4 Planning agreements (cf previous s 93F) (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer )— (a) who has sought a change to an environmental planning instrument, or (b) who has made, or proposes to make, a development application or application for a complying development certificate, or (c) who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies, under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. (2) A public purpose includes (without limitation) any of the following— (a) the provision of (or the recoupment of the cost of providing) public amenities or public services, (b) the provision of (or the recoupment of the cost of providing) affordable housing, (c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, (d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure, (e) the monitoring of the planning impacts of development, (f) the conservation or enhancement of the natural environment. (3) A planning agreement must provide for the following— (a) a description of the land to which the agreement applies, (b) a description of— (i) the change to the environmental planning instrument to which the agreement applies, or (ii) the development to which the agreement applies, (c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made, (d) for development—whether the agreement wholly or partly excludes the application of the following provisions— (i) section 7.11, (ii) section 7.12, (iii) Division 7.1, Subdivision 4, (e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11, (f) a mechanism for the resolution of disputes under the agreement, (g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. (3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement. (4) A provision of a planning agreement in respect of development is not invalid by reason only that there is no connection between the development and the object of expenditure of any money required to be paid by the provision. Note. See section 7.3(1), which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time. (5) If a planning agreement excludes the application of section 7.11 or 7.12 to particular development, a consent authority cannot impose a condition of development consent in respect of that development under either of those sections (except in respect of the application of any part of those sections that is not excluded by the agreement). (5A) A planning authority, other than the Minister, is not to enter into a planning agreement excluding the application of Division 7.1, Subdivision 4 without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (6) If a planning agreement excludes benefits under a planning agreement from being taken into consideration under section 7.11 in its application to development, section 7.11(6) does not apply to any such benefit. (7) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State. (8) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council. (9) A planning agreement cannot impose an obligation on a planning authority— (a) to grant development consent, or (b) to exercise any function under this Act in relation to a change to an environmental planning instrument. (10) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach this section or any other provision of this Act, or would breach the provisions of an environmental planning instrument or a development consent applying to the relevant land. (11) A reference in this section to a change to an environmental planning instrument includes a reference to the making or revocation of an environmental planning instrument. s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. 7.5 Information about planning agreements (cf previous s 93G) (1) A planning agreement cannot be entered into, and a planning agreement cannot be amended or revoked, unless public notice has been given of the proposed agreement, amendment or revocation, and a copy of the proposed agreement, amendment or revocation has been available for inspection by the public for a period of not less than 28 days. (2) The regulations may provide for the public notice to be given under subsection (1) and may provide that it may be given contemporaneously with, in association with, or as part of, any other public notice or public notification that is required to be given of any matter relevant to the planning agreement. (3) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (4) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (5) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates. s 7.5 (previously s 93G): Renumbered 2017 No 60, Sch 7.2 [1]. 7.6 Registered planning agreements to run with land (cf previous s 93H) (1) A planning agreement can be registered under this section if the following persons agree to its registration— (a) if the agreement relates to land under the Real Property Act 1900 —each person who has an estate or interest in the land registered under that Act, or (b) if the agreement relates to land not under the Real Property Act 1900 —each person who is seised or possessed of an estate or interest in the land. (2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement— (a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or (b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 . (3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. (4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement. s 7.6 (previously s 93H): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. 7.7 Circumstances in which planning agreements can or cannot be required to be made (cf previous s 93I) (1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)— (a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or (b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into, has no effect. (2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement. (3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with— (a) the development application or application for a complying development certificate, or (b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A. (4) In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.8 Jurisdiction of Court with respect to planning agreements (cf previous s 93J) (1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement. (2) This section does not affect the jurisdiction of the Court under section 9.45. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.9 Determinations or directions by Minister (cf previous s 93K) The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to— (a) the procedures to be followed in negotiating a planning agreement, or (b) the publication of those procedures, or (b1) the method of determining the extent of the provision of the public benefit to be made by the developer under a planning agreement, or (c) other standard requirements with respect to planning agreements. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.10 Regulations—planning agreements (cf previous s 93L) The regulations may make provision for or with respect to planning agreements, including the following— (a) the form of planning agreements, (b) the subject-matter of planning agreements, (c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public, (d) the public inspection of planning agreements after they have been made. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 3 Local infrastructure contributions div 7.1, sdiv 3 (previously pt 4, Div 6, Subdiv 3): Renumbered 2017 No 60, Sch 7.2 [1]. 7.11 Contribution towards provision or improvement of amenities or services (cf previous s 94) (1) If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring— (a) the dedication of land free of cost, or (b) the payment of a monetary contribution, or both. (2) A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned. (3) If— (a) a consent authority has, at any time, whether before or after the date of commencement of this Part, provided public amenities or public services within the area in preparation for or to facilitate the carrying out of development in the area, and (b) development for which development consent is sought will, if carried out, benefit from the provision of those public amenities or public services, the consent authority may grant the development consent subject to a condition requiring the payment of a monetary contribution towards recoupment of the cost of providing the public amenities or public services (being the cost as indexed in accordance with the regulations). (4) A condition referred to in subsection (3) may be imposed only to require a reasonable contribution towards recoupment of the cost concerned. (5) The consent authority may accept— (a) the dedication of land in part or full satisfaction of a condition imposed in accordance with subsection (3), or (b) the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with subsection (1) or (3). (6) If a consent authority proposes to impose a condition in accordance with subsection (1) or (3) in respect of development, the consent authority must take into consideration any land, money or other material public benefit that the applicant has elsewhere dedicated or provided free of cost within the area (or any adjoining area) or previously paid to the consent authority, other than— (a) a benefit provided as a condition of the grant of development consent under this Act, or (b) a benefit excluded from consideration under section 7.4(6). (7) If— (a) a condition imposed under subsection (1) or (3) in relation to development has been complied with, and (b) a public authority would, but for this subsection, be entitled under any other Act to require, in relation to or in connection with that development, a dedication of land or payment of money in respect of the provision of public amenities or public services or both, then, despite that other Act, compliance with the condition referred to in paragraph (a) is taken to have satisfied the requirement referred to in paragraph (b) to the extent of the value (determined, if the regulations so provide, in accordance with the regulations) of the land dedicated or the amount of money paid in compliance with the condition. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.12 Fixed development consent levies (cf previous s 94A) (1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay a levy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development. (2) A consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11. (2A) A consent authority cannot impose a condition under this section in relation to development on land within a special contributions area without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (3) Money required to be paid by a condition imposed under this section is to be applied towards the provision, extension or augmentation of public amenities or public services (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan. (4) A condition imposed under this section is not invalid by reason only that there is no connection between the development the subject of the development consent and the object of expenditure of any money required to be paid by the condition. (5) The regulations may make provision for or with respect to levies under this section, including— (a) the means by which the proposed cost of carrying out development is to be estimated or determined, and (b) the maximum percentage of a levy. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.13 Section 7.11 or 7.12 conditions subject to contributions plan (cf previous s 94B) (1) A consent authority may impose a condition under section 7.11 or 7.12 only if it is of a kind allowed by, and is determined in accordance with, a contributions plan (subject to any direction of the Minister under this Division). (2) However, in the case of a consent authority other than a council— (a) the consent authority may impose a condition under section 7.11 or 7.12 even though it is not authorised (or of a kind allowed) by, or is not determined in accordance with, a contributions plan, but (b) the consent authority must, before imposing the condition, have regard to any contributions plan that applies to the whole or any part of the area in which development is to be carried out. (3) A condition under section 7.11 that is of a kind allowed by a contributions plan (or a direction of the Minister under this Division) may be disallowed or amended by the Court on appeal because it is unreasonable in the particular circumstances of that case, even if it was determined in accordance with the relevant contributions plan (or direction). This subsection does not authorise the Court to disallow or amend the contributions plan or direction. (4) A condition under section 7.12 that is of a kind allowed by, and determined in accordance with, a contributions plan (or a direction of the Minister under this Division) may not be disallowed or amended by the Court on appeal. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.14 Cross-boundary issues (cf previous s 94C) (1) A condition may be imposed under section 7.11 or 7.12 for the benefit (or partly for the benefit) of an area that adjoins the local government area in which the development is to be carried out. (2) Any monetary contribution that is required to be paid under any such condition is to be apportioned among the relevant councils— (a) in accordance with any joint or other contributions plan approved by those councils, or (b) if provision is not made for the apportionment in any such plan—in accordance with the terms of the development consent for the development. (3) Any dispute between the councils concerned is to be referred to the Planning Secretary and resolved in accordance with any direction given by the Planning Secretary. s 7.14 (previously s 94C): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.15 Public service or public amenity may be provided outside NSW (cf previous s 94CA) A condition may, with the written approval of the Minister, be imposed under section 7.11 or 7.12 for the provision of a public amenity or public service on land in another State or Territory if the area in which the development the subject of the condition is to be carried out adjoins the other State or Territory. s 7.15 (previously s 94CA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.16 Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc (cf previous s 94D) (1) This section applies where the Minister or the Planning Secretary, as the consent authority, imposes conditions under section 7.11 or 7.12 in relation to— (a) land within a growth centre, or (b) other land within one or more council areas. (2) This Division applies to land within a growth centre as if references in this Division to the area were references to the growth centre. (3) Any monetary contribution paid in accordance with a condition under section 7.11 or 7.12— (a) must be paid by the Minister or Planning Secretary to the corporation for the growth centre or to the councils of the areas concerned, and (b) must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was levied. (4) This section applies to the Minister as consent authority whether or not the Minister is the consent authority because it is State significant development. (5) s 7.16 (previously s 94D): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.17 Directions by Minister (cf previous s 94E) (1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to— (a) the public amenities and public services in relation to which a condition under section 7.11 may or may not be imposed, and (b) in the case of a condition under section 7.11 requiring the payment of a monetary contribution— (i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and (ii) the maximum amount of any such contribution, and (c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 7.11, and (d) the type or area of development in respect of which a condition under section 7.12 may be imposed and the maximum percentage of the levy, and (e) the use of monetary contributions or levies for purposes other than those for which they were paid, and (f) the preparation of joint contributions plans by two or more councils, and (g) how money paid under this Division for different purposes in accordance with the conditions of development consents is to be pooled and applied progressively for those purposes, and (h) the time at which a monetary contribution or levy is to be paid. (1A) A direction under subsection (1)(h) may be given only during the prescribed period within the meaning of section 10.17. (1B) A provision of a development consent granted before and inconsistent with a direction under subsection (1)(h) is taken to be modified so as to be consistent with the direction, but only for a contribution or levy (or a component of a contribution or levy) that has not been paid before the direction is given. (2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms. (3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan. s 7.17 (previously s 94E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. 7.18 Contributions plans—making (cf previous s 94EA) (1) A council, or two or more councils, may, subject to and in accordance with the regulations, prepare and approve a contributions plan for the purpose of imposing conditions under this Division (other than Subdivision 4). (2) If a contributions plan authorises the imposition of conditions under section 7.12, the plan is to specify the type or area of development in respect of which a condition under section 7.12 may be imposed and is to preclude the imposition of a condition under section 7.11 in respect of that type or area of development. (2A) (3) The regulations may make provision for or with respect to the preparation and approval of contributions plans, including the format, structure and subject-matter of plans. (4) A council is, as soon as practicable after approving a contributions plan, to provide the Minister with a copy of the plan. s 7.18 (previously s 94EA): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. 7.19 Contributions plans—making, amendment or repeal by Minister (cf previous s 94EAA) (1) The Minister may direct a council, in writing, to approve, amend or repeal a contributions plan in the time and manner specified in the direction. (2) The Minister may make, amend or repeal a contributions plan if— (a) a council fails to approve, amend or repeal the plan in accordance with a direction of the Minister under this section, or (b) a council consents in writing to the Minister making, amending or repealing the plan. The plan, the amended plan or the repeal of the plan has effect as if it had been approved, amended or repealed by the council. (3) The Minister in making, amending or repealing a contributions plan under this section is not subject to the regulations. (4) A person cannot appeal to the Court under this Act in respect of— (a) the making, amending or repealing of a contributions plan by or at the direction of the Minister under this section, or (b) the reasonableness in the particular circumstances of a condition under section 7.11 that is determined in accordance with any such contributions plan, despite section 7.13(3) or any other provision of this Act. s 7.19 (previously s 94EAA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.20 Contributions plans—judicial notice, validity etc (cf previous s 94EB) (1) Judicial notice is to be taken of a contributions plan and of the date on which the plan came into effect. (2) It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a contributions plan have been complied with and performed. (3) The validity of any procedure required to be followed in making or approving a contributions plan is not to be questioned in any legal proceedings except those commenced in the Court by any person within 3 months after the date on which the plan came into effect. (4) The amendment or repeal, whether in whole or in part, of a contributions plan does not affect the previous operation of the plan or anything duly done under the plan. s 7.20 (previously s 94EB): Renumbered 2017 No 60, Sch 7.2 [1]. 7.21 Contributions plans—complying development (cf previous s 94EC) (1) In relation to an application made to a registered certifier for a complying development certificate, a contributions plan— (a) is to specify whether or not the registered certifier must, if a complying development certificate is issued, impose a condition under section 7.11 or 7.12, and (b) can only authorise the imposition by a registered certifier of a condition under section 7.11 that requires the payment of a monetary contribution, and (c) must specify the amount of the monetary contribution or levy that a registered certifier must so impose or the precise method by which the amount is to be determined. (1A) The imposition of a condition by a registered certifier as authorised by a contributions plan is subject to compliance with any directions given under section 7.17(1)(a), (b) or (d) with which a council would be required to comply if issuing the complying development certificate concerned. (2) This section does not limit anything for which a contributions plan may make provision in relation to a consent authority. (3) The regulations may make provision for or with respect to anything for which a contributions plan may make provision under this section (being provisions that apply despite anything to the contrary in the contributions plan). The regulations may provide that the amount of a monetary contribution or levy be determined in a manner and by a person or body authorised by the regulations. s 7.21 (previously s 94EC): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Subdivision 4 Housing and productivity contributions div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.22 Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.31. strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2; 2025 No 48, Sch 2.3. 7.23 Effect of subdivision Nothing in this subdivision affects the operation of Subdivision 2 or 3. s 7.23 (previously s 94EE): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.24 Provision of regional infrastructure (1) The object of this subdivision is to facilitate the provision of regional infrastructure that supports and promotes housing and economic activity in a region by enabling a contribution (a housing and productivity contribution ) to be required. (2) Regional infrastructure may be provided in 1 or more of the following ways— (a) by providing the regional infrastructure, (b) by recouping the cost of providing the regional infrastructure, (c) by funding recurrent expenditure relating to providing the regional infrastructure, (d) by the Minister, the Planning Ministerial Corporation or the Planning Secretary exercising the following functions in the administration of this part— (i) carrying out research or investigation, (ii) preparing a report or study or an instrument, (iii) doing another matter or thing in connection with the administration of this part. (3) Regional infrastructure provided under subsection (2)(a)–(c) may be provided by making a payment to a council for the council to provide the regional infrastructure. (4) A Ministerial planning order may require a housing and productivity contribution towards the provision of regional infrastructure. (5) A housing and productivity contribution must not be imposed on development on land in a region to provide regional infrastructure outside the region or the State, except to the extent that it is for measures to conserve or enhance the natural environment. (6) In this section— provide infrastructure includes to extend or augment infrastructure. s 7.24 (previously s 94EF): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.25 Measures to conserve or enhance the natural environment In this subdivision, measures to conserve or enhance the natural environment include the following measures implemented by the State or a council— (a) a measure relating to biodiversity certified land, including the following— (i) an approved conservation measure specified in the order conferring biodiversity certification on the land, (ii) other approved measures referred to in the Biodiversity Conservation Act 2016 , section 8.3(3), (iii) costs and expenses incurred by the Minister, the Planning Secretary, a council or another prescribed person in making an application for biodiversity certification under that Act, (b) a measure that directly conserves or enhances the natural environment and is undertaken— (i) for the purposes of an endorsed policy, plan or program, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 146A, or (ii) under the conditions of an approval of the taking of actions or a class of actions under that Act, section 146B. Note— The Commonwealth Minister for the Environment may approve the taking of actions or a class of actions in accordance with a policy, plan or program endorsed in accordance with an agreement on strategic assessment—see the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, Part 10. s 7.25 (previously s 94EG): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.26 Content of Ministerial planning orders requiring housing and productivity contributions (1) A Ministerial planning order that requires a housing and productivity contribution must specify the following— (a) the level and nature of the housing and productivity contribution, (b) the classes of development to which the housing and productivity contribution will apply, (c) the region, or part of the region, to which the housing and productivity contribution applies, (d) the way in which the housing and productivity contribution must be determined, (e) the time at which the housing and productivity contribution is required, (f) whether the housing and productivity contribution includes— (i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a transport project component ), and (ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a strategic biodiversity component ), (g) whether the housing and productivity contribution is required when a complying development certificate is issued for development. (2) A Ministerial planning order that requires a housing and productivity contribution may specify the following— (a) requirements relating to the form of the housing and productivity contribution, (b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions, (c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about— (i) the housing and productivity contribution required under the Ministerial planning order, and (ii) other obligations arising under the Ministerial planning order, (d) exemptions from the housing and productivity contribution, (e) the indexation of the housing and productivity contribution. s 7.26 (previously s 94EH): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.27 Making Ministerial planning orders requiring housing and productivity contributions (1) Before making a Ministerial planning order that requires a housing and productivity contribution, the Minister must obtain the concurrence of the Treasurer. (2) A Ministerial planning order that requires a housing and productivity contribution comes into force— (a) when it is published on the NSW planning portal, or (b) if a later day is specified in the order—on the later day. s 7.27 (previously s 94EI): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.28 Housing and productivity contributions imposed as conditions of development consent (1) If a Ministerial planning order requires a housing and productivity contribution in relation to development— (a) a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or (b) for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution. (2) The condition must be imposed in accordance with the Ministerial planning order. (3) If the consent authority or the certifier fails to impose the condition, the condition— (a) is taken to have been imposed in the terms required by the Ministerial planning order, and (b) the condition has effect as if it had been imposed by the consent authority or the certifier. (4) A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12. (5) If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made. (6) A condition imposed under this section must not be modified without the approval of the Minister. s 7.28 (previously s 94EJ): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. 7.29 No connection required No connection is required between the development on which a housing and productivity contribution is imposed and the regional infrastructure provided from the contribution, except— (a) a transport project component of the contribution may be imposed on development on land only for transport infrastructure that benefits the area in which the land is located, and (b) a strategic biodiversity component of the contribution may be imposed on development on land only for measures to conserve or enhance the natural environment that were required for biodiversity certification of the land. s 7.29 (previously s 94EK): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.30 No appeals A person cannot appeal to the Court under this Act in relation to a condition imposed under this subdivision. s 7.30 (previously s 94EL): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31 SBC Fund (1) There is established in the Special Deposits Account a fund called the Strategic Biodiversity Contributions Fund ( SBC Fund ). (2) The SBC Fund must be administered by the Planning Secretary. (3) The following must be paid into the SBC Fund— (a) payments relating to a strategic biodiversity component of a housing and productivity contribution, (b) money appropriated by Parliament for the purposes of the SBC Fund, (c) the proceeds of the investment of money in the SBC Fund, (d) other money required to be paid into the SBC Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the SBC Fund. (4) The assets of the SBC Fund may be applied only for the following purposes— (a) payments to public authorities for the provision of regional infrastructure that is a measure referred to in section 7.25, (b) money required to meet administrative expenses in relation to the SBC Fund, (c) other money directed or authorised to be paid from the SBC Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under subsection (3)(e). (5) A payment for the provision of regional infrastructure that is an approved conservation measure referred to in section 7.25(a)(i) must be made in accordance with the order specifying the approved conservation measure. (6) The Planning Secretary may make a payment out of the SBC Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Minister, and (b) after consultation with the Treasurer. (7) This section does not limit payments being made out of the HAP Fund to the Planning Secretary under section 7.31D. (8) The money in the SBC Fund may be invested in a way that the Minister is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31 (previously s 94EM): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Subdivision 5 Establishment of Housing and Productivity Fund div 7.1, sdiv 5 (previously pt 4, Div 6, Subdiv 5): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31A Establishment of HAP Fund (1) There is established in the Special Deposits Account a fund called the Housing and Productivity Fund ( HAP Fund ). (2) Different accounts must be established in the HAP Fund to ensure— (a) housing and productivity contributions from development on land in a region, and proceeds from the investment of the contributions, are expended in the region as required by Subdivision 4, and (b) the transport project component from development on land in an area, and proceeds from the investment of the component, are expended for the benefit of the area. (3) The HAP Fund must be administered by the Treasury Secretary. s 7.31A: Ins 2023 No 10, Sch 1[8]. 7.31B Purpose of HAP Fund (1) The purpose of the HAP Fund is to support housing and promote economic activity in each region for which a housing and productivity contribution is required. (2) The HAP Fund achieves this by providing a source of funding for regional infrastructure in the region that— (a) facilitates the achievement of the planning priorities identified in a strategic plan applicable in the region, and (b) is able to be delivered in a reasonable time, and (c) is aligned with the asset management plan of the public authority to whom funding is provided. (3) The planning priorities include the housing targets for a district identified in a district strategic plan, as referred to in section 3.4. s 7.31B: Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. 7.31C Payments into HAP Fund The following must be paid into the HAP Fund— (a) housing and productivity contributions made under Subdivision 4, except for amounts required to be paid into the SBC Fund, (b) money appropriated by Parliament for the purposes of the HAP Fund, (c) the proceeds of the investment of money in the HAP Fund, (d) money required to be paid into the HAP Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the HAP Fund. s 7.31C: Ins 2023 No 10, Sch 1[8]. 7.31D Payments out of HAP Fund (1) The following are payable from the HAP Fund— (a) payments to public authorities for the provision of regional infrastructure, including associated administrative expenses, (b) money required to meet administrative expenses in relation to the HAP Fund, (c) money directed or authorised to be paid from the HAP Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under section 7.31C(e). (2) A payment for the provision of regional infrastructure may be made if the infrastructure is— (a) identified in a strategic plan, or (b) identified in a State infrastructure strategy or an infrastructure plan under the Infrastructure NSW Act 2011 , Part 4, or (c) recommended for funding by the Minister because the Minister considers the infrastructure assists in achieving the purpose of the HAP Fund. (3) In making a recommendation under subsection (2)(c), the Minister must consider any representations made, in accordance with arrangements established by the Minister, by the following— (a) public authorities that deliver regional infrastructure, (b) councils, (c) the development industry. (4) The Treasury Secretary may make a payment out of the HAP Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Treasurer, and (b) after consulting with the Minister. (5) The regulations may provide for councils to make submissions to the Minister and Treasurer about future payments from the HAP Fund. s 7.31D: Ins 2023 No 10, Sch 1[8]. 7.31E Investment of money in HAP Fund The money in the Fund may be invested in a way that the Treasurer is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31E: Ins 2023 No 10, Sch 1[8]. Subdivision 6 Report by Treasurer div 7.1, sdiv 6: Ins 2023 No 10, Sch 1[8]. 7.31F Treasurer to give annual report (1) The Treasurer must prepare a report detailing, for each financial year, the payments made into, and from, each of the following— (a) the SBC Fund, (b) the HAP Fund. (2) The report must be in the form required by the regulations. (3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates. (4) In this section— financial year means a period of 12 months commencing on 1 July. s 7.31F: Ins 2023 No 10, Sch 1[8]. Division 7.2 Affordable housing contributions div 7.2 (previously pt 4, Div 6A: Renumbered 2017 No 60, Sch 7.2 [2]. 7.32 Conditions requiring land or contributions for affordable housing (cf previous s 94F) (1) This section applies in relation to a development application for consent to carry out development within an area if a State environmental planning policy identifies that there is a need for affordable housing within the area. (2) Subject to subsection (3), the consent authority may grant consent to a development application to which this section applies subject to a condition requiring— (a) the dedication of part of the land, or other land of the applicant, free of cost to be used for the purpose of providing affordable housing, or (b) the payment of a monetary contribution to be used for the purpose of providing affordable housing, or both. (3) A condition may be imposed under this section only if— (a) the condition complies with all relevant requirements made by a State environmental planning policy with respect to the imposition of conditions under this section, and (b) the condition is authorised to be imposed by an environmental planning instrument, and is in accordance with a scheme for dedications or contributions set out in or adopted by such an instrument, and (c) the condition requires a reasonable dedication or contribution, having regard to any other dedication or contribution required to be made by the applicant under this section or section 7.11. (4) A consent authority that proposes to impose a condition in accordance with this section must take into consideration any land or other sum of money that the applicant has previously dedicated free of cost, or previously paid, for the purpose of affordable housing within the area otherwise than as a condition of a consent. (5) Nothing in this section prevents the imposition on a development consent of other conditions relating to the provision, maintenance or retention of affordable housing. Such conditions may require, but are not restricted to, the imposition of covenants (including positive covenants) or the entering into of contractual or other arrangements. (6) s 7.32 (previously s 94F): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2023 No 10, Sch 1[9]; 2025 No 24, Sch 1[36]–[39]. 7.33 Provision of affordable housing (cf previous s 94G) (1) Land dedicated in accordance with a condition imposed under this Division must— (a) be made available by the consent authority for the purposes of affordable housing within a reasonable time, or (b) be transferred by the consent authority in accordance with any applicable direction under subsection (3). (2) A consent authority must— (a) hold any monetary contribution paid in accordance with a condition imposed under this Division (and any additional amount earned from its investment) for the purpose for which the payment was required and apply the money for the purposes of affordable housing in the area or an adjoining area within a reasonable time, or (b) pay the monetary contribution in accordance with any applicable direction under subsection (3). (3) The Minister may give a direction, that applies generally or in any particular case or class of cases, to a consent authority— (a) requiring it to transfer land to a person nominated by the Minister, if it imposes a condition under this Division requiring dedication of the land, or (b) requiring it to pay a monetary contribution to a person nominated by the Minister, if it imposes a condition under this Division requiring the payment of the monetary contribution. (4) A person nominated under this section by the Minister must— (a) make available any land transferred to the person under this Division for the purposes of affordable housing within a reasonable time, and (b) apply any monetary contribution paid to the person under this Division (and any additional amount earned from its investment) for the purposes of affordable housing in the area concerned or in an adjoining area within a reasonable time. s 7.33 (previously s 94G): Renumbered 2017 No 60, Sch 7.2 [2]. Division 7.3 Funds div 7.3 (previously pt 7, Div 1): Renumbered 2017 No 60, Sch 7.2 [4]. 7.34 Department of Environment and Planning Account (cf previous s 128) The Account which has been established in the Special Deposits Account in the Treasury pursuant to section 30(1) of the State Planning Authority Act 1963 shall be continued under a name determined by the Treasurer. s 7.34 (previously s 128): Renumbered 2017 No 60, Sch 7.2 [4]. 7.35 Funds generally (cf previous s 129) (1) In connection with the Account referred to in section 7.34, there shall be created in the books of the Department the following funds— (a) a Development Fund in respect of each development area (each of which funds is referred to in this Part as a Development Fund ), and (b) the Trust Fund (which is referred to in this Part as the Trust Fund ). (2) The funds shall be separate and distinct. (3) The funds are to be administered by the Planning Ministerial Corporation. s 7.35 (previously s 129): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [32]. 7.36 Development Funds (cf previous s 130) (1) The Development Fund in respect of each development area shall consist of— (a) all money borrowed for the purpose of the acquisition or development of land within the development area and for the purpose of repaying or renewing a loan obtained for that purpose and the proceeds of any levy or assessment made by the Planning Ministerial Corporation for the purpose of repaying money so borrowed or renewing such a loan, (b) the proceeds of the sale or lease by the Planning Ministerial Corporation of any land situated within the development area, (c) all money and land directed by or under this Act to be allocated to the Development Fund, (d) all money received as a result of the investment of the Development Fund as authorised by this Act, and (e) such other money as the Treasurer authorises to be paid into the Development Fund. (2) All land vested in the Planning Ministerial Corporation and situated within a development area shall form part of the assets of the Development Fund in respect of that development area. (3) The Development Fund in respect of each development area may be applied to any of the following purposes— (a) the acquisition or development of any land within the development area, (b) the payment of rates and charges due and payable by the Planning Ministerial Corporation in respect of land within the development area, (c) transfers to any reserve for loan repayment in respect of money borrowed in respect of the development area or in respect of any loan transferred to the Planning Ministerial Corporation in pursuance of Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 , (d) payment of principal, interest and expenses in respect of money borrowed in respect of the development area or in respect of any loan transferred to the Planning Ministerial Corporation in pursuance of that Schedule, (e) any purpose authorised by or under this Act for the application of the Development Fund, (f) the creation of assets and incurring and discharging liabilities not inconsistent with the purposes of the Development Fund, (g) payment of principal, interest and expenses in respect of money borrowed which is not chargeable to any fund other than the Development Fund, or in respect of a loan or asset transferred from another fund, (h) the investment of money for the creation of reserves for any purposes not inconsistent with the purposes of the Development Fund, (i) any costs incurred in the administration of the Development Fund. (4) The Development Fund may also be applied, with the approval of the Minister, to the development of land (whether vested in the Planning Ministerial Corporation or not) within the development area for the purpose of an improvement program, if— (a) the Minister has considered likely future applications of the Development Fund for all the purposes in subsection (3), and (b) in the opinion of the Minister, implementation of the improvement program will improve public amenity by— (i) enhancing open space or the public domain, or (ii) providing suitable infrastructure or facilities at a regional or local level. (5) The Development Fund in respect of each development area may be applied to purposes that are necessary, incidental, subordinate or supplementary to any of the purposes specified in subsection (3) or (4). ss 7.36, 7.37 (previously ss 130, 131): Renumbered 2017 No 60, Sch 7.2 [4]. 7.37 Trust Fund (cf previous s 131) (1) The Trust Fund shall consist of the following assets— (a) all money and land held by the Planning Ministerial Corporation by way of deposit or in trust for any person, (b) all money and land assigned, conveyed, bequeathed or devised to the Planning Ministerial Corporation in trust for the purpose of any function which the Planning Ministerial Corporation is by or under this Act empowered to exercise, (c) all money received as a result of the investment of the Trust Fund as authorised by this Act. (2) The Trust Fund shall be applied as follows— (a) where the money or land is held by way of a deposit or in trust for any person, the money may be paid or the land may be assured to or on behalf of the person entitled thereto, but if the money has remained in the Trust Fund for 10 years, the Planning Ministerial Corporation may transfer it to such Development Fund as it may deem proper, subject to repaying it from that fund to any person entitled thereto, (b) except as otherwise provided in this section, for the purposes and according to the trusts upon which the money or land is held by the Planning Ministerial Corporation, (c) by investment in securities authorised under the Trustee Act 1925 or for the purposes of and according to the trusts referred to in paragraph (b). ss 7.36, 7.37 (previously ss 130, 131): Renumbered 2017 No 60, Sch 7.2 [4]. 7.38 Constitution of development areas (cf previous s 132) (1) Development areas may be constituted in accordance with this section. (2) The Planning Secretary may, by notice published in the Gazette, notify a proposal to constitute as a development area any area or areas or parts of areas specified in the notice. (3) In determining which areas or parts of areas should be included in the development area, the Planning Secretary shall have regard to any environmental planning instruments relating to those areas or parts, environmental planning principles and such other matters as the Planning Secretary thinks fit. (4) Within 14 days after the publication in the Gazette of the notice referred to in subsection (2), the Planning Secretary shall, in the prescribed manner, notify the councils of the areas or parts of areas proposed to be included in the development area of the proposal and the reasons therefor and otherwise publicise the proposal. (5) Any person may, by notice in writing, lodge with the Planning Secretary, within 3 months after the publication in the Gazette of the notice referred to in subsection (2), representations in relation to the proposal. (6) Where representations have been lodged under subsection (5), the Planning Secretary shall refer the matter to the Minister who shall either— (a) confirm the proposal, or (b) alter the proposal by excluding, from the proposed development area, any area or part of an area other than an area or part in which the Planning Ministerial Corporation has acquired land pursuant to Part 6 of Schedule 2. (7) If the Minister has requested that a review be held by the Independent Planning Commission with respect to the proposal, the Minister must not determine the application until after— (a) the review has been held, and (b) the Minister has considered the findings and recommendations of the Commission following the review. (8) If no representations are lodged under subsection (5), the proposal shall be deemed to be confirmed immediately on the expiry of the period allowed for the lodgment of representations. (9) The areas or parts of areas specified in the proposal as confirmed or altered shall, upon publication in the Gazette of a notice constituting them as a development area, be constituted as a development area under the name specified in the notice. s 7.38 (previously s 132): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5] [33]. 7.39 Alteration or abolition of development area (cf previous s 133) The Planning Secretary may, by notice published in the Gazette, notify a proposal to alter a development area constituted under this Division by including therein any land or by excluding therefrom any land or to abolish such a development area, and the provisions of this Division shall apply to the notice as they apply to a notice referred to in section 7.38(2). s 7.39 (previously s 133): Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5]. 7.40 Land to be in one development area only (cf previous s 134) Land shall not at the one time be within more than one development area. ss 7.40, 7.41 (previously ss 134, 135): Renumbered 2017 No 60, Sch 7.2 [4]. 7.41 Disallowance of constitution of development area (cf previous s 135) (1) A copy of the notice constituting, altering or abolishing a development area published in the Gazette in accordance with this Division shall be laid before each House of Parliament within 14 sitting days of that House after the date of publication. (2) If either House of Parliament passes a resolution, of which notice has been given within 15 sitting days of that House after a copy of a notice referred to in subsection (1) has been laid before it, disallowing the constitution, alteration or abolition of the development area, the constitution, alteration or abolition is thereupon revoked. (3) For the purposes of subsections (1) and (2), sitting days shall be counted, whether or not they occur during the same session. ss 7.40, 7.41 (previously ss 134, 135): Renumbered 2017 No 60, Sch 7.2 [4]. 7.42 Assessment of loan commitments (cf previous s 143) (1) The Planning Ministerial Corporation may, in respect of each year ending on 31 December, subject to and in accordance with the regulations, assess the amount required in any such year for the payment of interest on, or repayment of principal of, any loan raised by the Planning Ministerial Corporation upon the councils whose areas or parts of areas are included in the development area to which the purpose for which the loan was raised relates. (2) The regulations may make provision for or with respect to— (a) the notification of a council referred to in subsection (1) by the Planning Ministerial Corporation of a decision to make an assessment under that subsection, (b) the provision by such a council of information necessary to determine the amount to be paid by the council in relation to the assessment, and (c) the payment by such a council of the whole or any part of an amount assessed under subsection (1). (3) A council required to pay the whole or any part of an amount assessed under subsection (1) shall make the payment from its consolidated fund. (4) The Planning Ministerial Corporation may recover as a debt or liquidated demand in any court of competent jurisdiction any amount assessed upon a council and not paid on or before such day as may be prescribed in relation to the assessment. (5)–(8) s 7.42 (previously s 143): Renumbered 2017 No 60, Sch 7.2 [6]. Division 7.4 Charges and fees div 7.4 (previously pt 7, Div 2): Renumbered 2017 No 60, Sch 7.2 [5]. 7.43 Right to charges and fees (cf previous s 136) For the purpose of this Act, the Planning Secretary may demand, levy and recover the prescribed charges and fees in accordance with this Division. s 7.43 (previously s 136): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.44 Charges and fees fixed by regulation (cf previous s 137) (1) Where under the provisions of any Act, regulation or environmental planning instrument the Minister, Planning Ministerial Corporation, Department or Planning Secretary— (a) supplies any service, product, commodity or publication, or (b) makes any registration, or (c) gives any permission, or (d) furnishes any information, or (e) receives any application for its approval, or (f) issues any certificate, requirement or direction, or (g) allows admission to any building, the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations. (1A) The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, Planning Ministerial Corporation, Department or Planning Secretary carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body. Note. Such functions may include making an environmental planning instrument. (1B) The regulations may prescribe the following in relation to a building information certificate issued under Part 6, Division 6.7— (a) charges and fees payable in connection with a certificate, (b) mechanisms to determine charges and fees payable in connection with a certificate. (2) In any such regulation, provision may be made requiring a deposit or prepayment in respect of any such charge or fee. (3) Nothing in this section authorises any charge or fee contrary to the provisions of any Act, regulation or environmental planning instrument. s 7.44 (previously s 137): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]. 7.45 Liability for charge or fee (cf previous s 138) The charge or fee shall be paid to the Minister, Planning Ministerial Corporation, Department or Planning Secretary by the person to whom or at whose request the service, permission or information is supplied, given or furnished, or at whose request the registration is made or from whom the application is received, as the case may be. s 7.45 (previously s 138): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.46 Recovery of charges etc (cf previous s 139) (1) Any charge, fee or money due to the Minister, Planning Ministerial Corporation, Department or Planning Secretary under the provisions of this Act may be recovered as a debt or liquidated demand in a court of competent jurisdiction. (2) A monetary contribution required to be paid under this part may be recovered as a debt in a court of competent jurisdiction by the following— (a) for a contribution under Division 7.1, Subdivision 3—the relevant consent authority or council, (b) for a housing and productivity contribution under Division 7.1, Subdivision 4—the Treasury Secretary or the Planning Secretary. s 7.46 (previously s 139): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10].

Development contributions div 7.1 (previously pt 4, Div 6): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 1 Preliminary div 7.1, sdiv 1 (previously pt 4, Div 6, Subdiv 1): Renumbered 2017 No 60, Sch 7.2 [1]. 7.1 Definitions (cf previous s 93C) In this Division— contributions plan means a contributions plan approved under section 7.18. development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974 . growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974 . planning agreement means a voluntary agreement referred to in section 7.4. planning authority means— (a) a council, or (b) the Minister, or (c) the Planning Ministerial Corporation, or (d) a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974 ), or (e) a public authority declared by the regulations to be a planning authority for the purposes of this Division. public amenities or public services do not include water supply or sewerage services. s 7.1 (previously s 93C93E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. 7.2 Relationship to planning instruments (cf previous s 93D) This Division does not derogate from or otherwise affect any provision of an environmental planning instrument, whether made before or after the commencement of this section, that requires satisfactory arrangements to be made for the provision of particular kinds of public infrastructure, facilities or services before development is carried out. s 7.2 (previously s 93D): Renumbered 2017 No 60, Sch 7.2 [1]. 7.3 Provisions relating to money etc contributed under this Division (other than Subdivision 4) (cf previous s 93E) (1) A consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time. (2) However, money paid under this Division (other than Subdivision 4) for different purposes in accordance with the conditions of development consents may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan or ministerial direction under this Division (other than Subdivision 4). (3) Land dedicated in accordance with this Division (other than Subdivision 4) is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time. (4) A reference in this section to a monetary contribution or levy includes a reference to any additional amount earned from its investment. s 7.3 (previously s 93E): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 2 Planning agreements div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2): Renumbered 2017 No 60, Sch 7.2 [1]. 7.4 Planning agreements (cf previous s 93F) (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer )— (a) who has sought a change to an environmental planning instrument, or (b) who has made, or proposes to make, a development application or application for a complying development certificate, or (c) who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies, under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. (2) A public purpose includes (without limitation) any of the following— (a) the provision of (or the recoupment of the cost of providing) public amenities or public services, (b) the provision of (or the recoupment of the cost of providing) affordable housing, (c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, (d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure, (e) the monitoring of the planning impacts of development, (f) the conservation or enhancement of the natural environment. (3) A planning agreement must provide for the following— (a) a description of the land to which the agreement applies, (b) a description of— (i) the change to the environmental planning instrument to which the agreement applies, or (ii) the development to which the agreement applies, (c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made, (d) for development—whether the agreement wholly or partly excludes the application of the following provisions— (i) section 7.11, (ii) section 7.12, (iii) Division 7.1, Subdivision 4, (e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11, (f) a mechanism for the resolution of disputes under the agreement, (g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. (3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement. (4) A provision of a planning agreement in respect of development is not invalid by reason only that there is no connection between the development and the object of expenditure of any money required to be paid by the provision. Note. See section 7.3(1), which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time. (5) If a planning agreement excludes the application of section 7.11 or 7.12 to particular development, a consent authority cannot impose a condition of development consent in respect of that development under either of those sections (except in respect of the application of any part of those sections that is not excluded by the agreement). (5A) A planning authority, other than the Minister, is not to enter into a planning agreement excluding the application of Division 7.1, Subdivision 4 without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (6) If a planning agreement excludes benefits under a planning agreement from being taken into consideration under section 7.11 in its application to development, section 7.11(6) does not apply to any such benefit. (7) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State. (8) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council. (9) A planning agreement cannot impose an obligation on a planning authority— (a) to grant development consent, or (b) to exercise any function under this Act in relation to a change to an environmental planning instrument. (10) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach this section or any other provision of this Act, or would breach the provisions of an environmental planning instrument or a development consent applying to the relevant land. (11) A reference in this section to a change to an environmental planning instrument includes a reference to the making or revocation of an environmental planning instrument. s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. 7.5 Information about planning agreements (cf previous s 93G) (1) A planning agreement cannot be entered into, and a planning agreement cannot be amended or revoked, unless public notice has been given of the proposed agreement, amendment or revocation, and a copy of the proposed agreement, amendment or revocation has been available for inspection by the public for a period of not less than 28 days. (2) The regulations may provide for the public notice to be given under subsection (1) and may provide that it may be given contemporaneously with, in association with, or as part of, any other public notice or public notification that is required to be given of any matter relevant to the planning agreement. (3) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (4) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (5) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates. s 7.5 (previously s 93G): Renumbered 2017 No 60, Sch 7.2 [1]. 7.6 Registered planning agreements to run with land (cf previous s 93H) (1) A planning agreement can be registered under this section if the following persons agree to its registration— (a) if the agreement relates to land under the Real Property Act 1900 —each person who has an estate or interest in the land registered under that Act, or (b) if the agreement relates to land not under the Real Property Act 1900 —each person who is seised or possessed of an estate or interest in the land. (2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement— (a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or (b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 . (3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. (4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement. s 7.6 (previously s 93H): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. 7.7 Circumstances in which planning agreements can or cannot be required to be made (cf previous s 93I) (1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)— (a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or (b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into, has no effect. (2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement. (3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with— (a) the development application or application for a complying development certificate, or (b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A. (4) In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.8 Jurisdiction of Court with respect to planning agreements (cf previous s 93J) (1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement. (2) This section does not affect the jurisdiction of the Court under section 9.45. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.9 Determinations or directions by Minister (cf previous s 93K) The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to— (a) the procedures to be followed in negotiating a planning agreement, or (b) the publication of those procedures, or (b1) the method of determining the extent of the provision of the public benefit to be made by the developer under a planning agreement, or (c) other standard requirements with respect to planning agreements. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.10 Regulations—planning agreements (cf previous s 93L) The regulations may make provision for or with respect to planning agreements, including the following— (a) the form of planning agreements, (b) the subject-matter of planning agreements, (c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public, (d) the public inspection of planning agreements after they have been made. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. Subdivision 3 Local infrastructure contributions div 7.1, sdiv 3 (previously pt 4, Div 6, Subdiv 3): Renumbered 2017 No 60, Sch 7.2 [1]. 7.11 Contribution towards provision or improvement of amenities or services (cf previous s 94) (1) If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring— (a) the dedication of land free of cost, or (b) the payment of a monetary contribution, or both. (2) A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned. (3) If— (a) a consent authority has, at any time, whether before or after the date of commencement of this Part, provided public amenities or public services within the area in preparation for or to facilitate the carrying out of development in the area, and (b) development for which development consent is sought will, if carried out, benefit from the provision of those public amenities or public services, the consent authority may grant the development consent subject to a condition requiring the payment of a monetary contribution towards recoupment of the cost of providing the public amenities or public services (being the cost as indexed in accordance with the regulations). (4) A condition referred to in subsection (3) may be imposed only to require a reasonable contribution towards recoupment of the cost concerned. (5) The consent authority may accept— (a) the dedication of land in part or full satisfaction of a condition imposed in accordance with subsection (3), or (b) the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with subsection (1) or (3). (6) If a consent authority proposes to impose a condition in accordance with subsection (1) or (3) in respect of development, the consent authority must take into consideration any land, money or other material public benefit that the applicant has elsewhere dedicated or provided free of cost within the area (or any adjoining area) or previously paid to the consent authority, other than— (a) a benefit provided as a condition of the grant of development consent under this Act, or (b) a benefit excluded from consideration under section 7.4(6). (7) If— (a) a condition imposed under subsection (1) or (3) in relation to development has been complied with, and (b) a public authority would, but for this subsection, be entitled under any other Act to require, in relation to or in connection with that development, a dedication of land or payment of money in respect of the provision of public amenities or public services or both, then, despite that other Act, compliance with the condition referred to in paragraph (a) is taken to have satisfied the requirement referred to in paragraph (b) to the extent of the value (determined, if the regulations so provide, in accordance with the regulations) of the land dedicated or the amount of money paid in compliance with the condition. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.12 Fixed development consent levies (cf previous s 94A) (1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay a levy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development. (2) A consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11. (2A) A consent authority cannot impose a condition under this section in relation to development on land within a special contributions area without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (3) Money required to be paid by a condition imposed under this section is to be applied towards the provision, extension or augmentation of public amenities or public services (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan. (4) A condition imposed under this section is not invalid by reason only that there is no connection between the development the subject of the development consent and the object of expenditure of any money required to be paid by the condition. (5) The regulations may make provision for or with respect to levies under this section, including— (a) the means by which the proposed cost of carrying out development is to be estimated or determined, and (b) the maximum percentage of a levy. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.13 Section 7.11 or 7.12 conditions subject to contributions plan (cf previous s 94B) (1) A consent authority may impose a condition under section 7.11 or 7.12 only if it is of a kind allowed by, and is determined in accordance with, a contributions plan (subject to any direction of the Minister under this Division). (2) However, in the case of a consent authority other than a council— (a) the consent authority may impose a condition under section 7.11 or 7.12 even though it is not authorised (or of a kind allowed) by, or is not determined in accordance with, a contributions plan, but (b) the consent authority must, before imposing the condition, have regard to any contributions plan that applies to the whole or any part of the area in which development is to be carried out. (3) A condition under section 7.11 that is of a kind allowed by a contributions plan (or a direction of the Minister under this Division) may be disallowed or amended by the Court on appeal because it is unreasonable in the particular circumstances of that case, even if it was determined in accordance with the relevant contributions plan (or direction). This subsection does not authorise the Court to disallow or amend the contributions plan or direction. (4) A condition under section 7.12 that is of a kind allowed by, and determined in accordance with, a contributions plan (or a direction of the Minister under this Division) may not be disallowed or amended by the Court on appeal. ss 7.11–7.13 (previously ss 94–94B): Renumbered 2017 No 60, Sch 7.2 [1]. 7.14 Cross-boundary issues (cf previous s 94C) (1) A condition may be imposed under section 7.11 or 7.12 for the benefit (or partly for the benefit) of an area that adjoins the local government area in which the development is to be carried out. (2) Any monetary contribution that is required to be paid under any such condition is to be apportioned among the relevant councils— (a) in accordance with any joint or other contributions plan approved by those councils, or (b) if provision is not made for the apportionment in any such plan—in accordance with the terms of the development consent for the development. (3) Any dispute between the councils concerned is to be referred to the Planning Secretary and resolved in accordance with any direction given by the Planning Secretary. s 7.14 (previously s 94C): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.15 Public service or public amenity may be provided outside NSW (cf previous s 94CA) A condition may, with the written approval of the Minister, be imposed under section 7.11 or 7.12 for the provision of a public amenity or public service on land in another State or Territory if the area in which the development the subject of the condition is to be carried out adjoins the other State or Territory. s 7.15 (previously s 94CA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.16 Section 7.11 or 7.12 conditions imposed by Minister or Planning Secretary in growth centres, council areas etc (cf previous s 94D) (1) This section applies where the Minister or the Planning Secretary, as the consent authority, imposes conditions under section 7.11 or 7.12 in relation to— (a) land within a growth centre, or (b) other land within one or more council areas. (2) This Division applies to land within a growth centre as if references in this Division to the area were references to the growth centre. (3) Any monetary contribution paid in accordance with a condition under section 7.11 or 7.12— (a) must be paid by the Minister or Planning Secretary to the corporation for the growth centre or to the councils of the areas concerned, and (b) must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was levied. (4) This section applies to the Minister as consent authority whether or not the Minister is the consent authority because it is State significant development. (5) s 7.16 (previously s 94D): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. 7.17 Directions by Minister (cf previous s 94E) (1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to— (a) the public amenities and public services in relation to which a condition under section 7.11 may or may not be imposed, and (b) in the case of a condition under section 7.11 requiring the payment of a monetary contribution— (i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and (ii) the maximum amount of any such contribution, and (c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 7.11, and (d) the type or area of development in respect of which a condition under section 7.12 may be imposed and the maximum percentage of the levy, and (e) the use of monetary contributions or levies for purposes other than those for which they were paid, and (f) the preparation of joint contributions plans by two or more councils, and (g) how money paid under this Division for different purposes in accordance with the conditions of development consents is to be pooled and applied progressively for those purposes, and (h) the time at which a monetary contribution or levy is to be paid. (1A) A direction under subsection (1)(h) may be given only during the prescribed period within the meaning of section 10.17. (1B) A provision of a development consent granted before and inconsistent with a direction under subsection (1)(h) is taken to be modified so as to be consistent with the direction, but only for a contribution or levy (or a component of a contribution or levy) that has not been paid before the direction is given. (2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms. (3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan. s 7.17 (previously s 94E): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. 7.18 Contributions plans—making (cf previous s 94EA) (1) A council, or two or more councils, may, subject to and in accordance with the regulations, prepare and approve a contributions plan for the purpose of imposing conditions under this Division (other than Subdivision 4). (2) If a contributions plan authorises the imposition of conditions under section 7.12, the plan is to specify the type or area of development in respect of which a condition under section 7.12 may be imposed and is to preclude the imposition of a condition under section 7.11 in respect of that type or area of development. (2A) (3) The regulations may make provision for or with respect to the preparation and approval of contributions plans, including the format, structure and subject-matter of plans. (4) A council is, as soon as practicable after approving a contributions plan, to provide the Minister with a copy of the plan. s 7.18 (previously s 94EA): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. 7.19 Contributions plans—making, amendment or repeal by Minister (cf previous s 94EAA) (1) The Minister may direct a council, in writing, to approve, amend or repeal a contributions plan in the time and manner specified in the direction. (2) The Minister may make, amend or repeal a contributions plan if— (a) a council fails to approve, amend or repeal the plan in accordance with a direction of the Minister under this section, or (b) a council consents in writing to the Minister making, amending or repealing the plan. The plan, the amended plan or the repeal of the plan has effect as if it had been approved, amended or repealed by the council. (3) The Minister in making, amending or repealing a contributions plan under this section is not subject to the regulations. (4) A person cannot appeal to the Court under this Act in respect of— (a) the making, amending or repealing of a contributions plan by or at the direction of the Minister under this section, or (b) the reasonableness in the particular circumstances of a condition under section 7.11 that is determined in accordance with any such contributions plan, despite section 7.13(3) or any other provision of this Act. s 7.19 (previously s 94EAA): Renumbered 2017 No 60, Sch 7.2 [1]. 7.20 Contributions plans—judicial notice, validity etc (cf previous s 94EB) (1) Judicial notice is to be taken of a contributions plan and of the date on which the plan came into effect. (2) It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a contributions plan have been complied with and performed. (3) The validity of any procedure required to be followed in making or approving a contributions plan is not to be questioned in any legal proceedings except those commenced in the Court by any person within 3 months after the date on which the plan came into effect. (4) The amendment or repeal, whether in whole or in part, of a contributions plan does not affect the previous operation of the plan or anything duly done under the plan. s 7.20 (previously s 94EB): Renumbered 2017 No 60, Sch 7.2 [1]. 7.21 Contributions plans—complying development (cf previous s 94EC) (1) In relation to an application made to a registered certifier for a complying development certificate, a contributions plan— (a) is to specify whether or not the registered certifier must, if a complying development certificate is issued, impose a condition under section 7.11 or 7.12, and (b) can only authorise the imposition by a registered certifier of a condition under section 7.11 that requires the payment of a monetary contribution, and (c) must specify the amount of the monetary contribution or levy that a registered certifier must so impose or the precise method by which the amount is to be determined. (1A) The imposition of a condition by a registered certifier as authorised by a contributions plan is subject to compliance with any directions given under section 7.17(1)(a), (b) or (d) with which a council would be required to comply if issuing the complying development certificate concerned. (2) This section does not limit anything for which a contributions plan may make provision in relation to a consent authority. (3) The regulations may make provision for or with respect to anything for which a contributions plan may make provision under this section (being provisions that apply despite anything to the contrary in the contributions plan). The regulations may provide that the amount of a monetary contribution or levy be determined in a manner and by a person or body authorised by the regulations. s 7.21 (previously s 94EC): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Subdivision 4 Housing and productivity contributions div 7.1, sdiv 4 (previously pt 4, Div 6, Subdiv 4): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.22 Definitions In this subdivision and Subdivision 5— biodiversity certified land means— (a) land— (i) the subject of an application declared to be a strategic application for biodiversity certification under the Biodiversity Conservation Act 2016 , section 8.5(2), and (ii) on which biodiversity certification has been conferred, extended or modified under that Act, Part 8, or (b) land taken to be biodiversity certified under that Act or otherwise subject to biodiversity certification. HAP Fund —see section 7.31A. housing and productivity contribution —see section 7.24(1). measures to conserve or enhance the natural environment —see section 7.25. region means an area of land identified in a Ministerial planning order as a region for the purposes of this subdivision. regional infrastructure means the following— (a) public amenities or public services, including infrastructure that enhances public open space or the public domain, (b) affordable housing, (c) public housing within the meaning of the Housing Act 2001 , (d) transport infrastructure, (e) regional or State roads, (f) measures to conserve or enhance the natural environment. SBC Fund —see section 7.31. strategic biodiversity component —see section 7.26(1)(f)(ii). strategic plan has the same meaning as in Division 3.1. transport project component —see section 7.26(1)(f)(i). Treasury Secretary means the Secretary of the Treasury. s 7.22 (previously s 94ED): Renumbered 2017 No 60, Sch 7.2 [2]. Am 2018 No 25, Sch 4 [5]. Subst 2023 No 10, Sch 1[8]. Am 2023 No 35, Sch 2.2; 2025 No 48, Sch 2.3. 7.23 Effect of subdivision Nothing in this subdivision affects the operation of Subdivision 2 or 3. s 7.23 (previously s 94EE): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.24 Provision of regional infrastructure (1) The object of this subdivision is to facilitate the provision of regional infrastructure that supports and promotes housing and economic activity in a region by enabling a contribution (a housing and productivity contribution ) to be required. (2) Regional infrastructure may be provided in 1 or more of the following ways— (a) by providing the regional infrastructure, (b) by recouping the cost of providing the regional infrastructure, (c) by funding recurrent expenditure relating to providing the regional infrastructure, (d) by the Minister, the Planning Ministerial Corporation or the Planning Secretary exercising the following functions in the administration of this part— (i) carrying out research or investigation, (ii) preparing a report or study or an instrument, (iii) doing another matter or thing in connection with the administration of this part. (3) Regional infrastructure provided under subsection (2)(a)–(c) may be provided by making a payment to a council for the council to provide the regional infrastructure. (4) A Ministerial planning order may require a housing and productivity contribution towards the provision of regional infrastructure. (5) A housing and productivity contribution must not be imposed on development on land in a region to provide regional infrastructure outside the region or the State, except to the extent that it is for measures to conserve or enhance the natural environment. (6) In this section— provide infrastructure includes to extend or augment infrastructure. s 7.24 (previously s 94EF): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.25 Measures to conserve or enhance the natural environment In this subdivision, measures to conserve or enhance the natural environment include the following measures implemented by the State or a council— (a) a measure relating to biodiversity certified land, including the following— (i) an approved conservation measure specified in the order conferring biodiversity certification on the land, (ii) other approved measures referred to in the Biodiversity Conservation Act 2016 , section 8.3(3), (iii) costs and expenses incurred by the Minister, the Planning Secretary, a council or another prescribed person in making an application for biodiversity certification under that Act, (b) a measure that directly conserves or enhances the natural environment and is undertaken— (i) for the purposes of an endorsed policy, plan or program, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 146A, or (ii) under the conditions of an approval of the taking of actions or a class of actions under that Act, section 146B. Note— The Commonwealth Minister for the Environment may approve the taking of actions or a class of actions in accordance with a policy, plan or program endorsed in accordance with an agreement on strategic assessment—see the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, Part 10. s 7.25 (previously s 94EG): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.26 Content of Ministerial planning orders requiring housing and productivity contributions (1) A Ministerial planning order that requires a housing and productivity contribution must specify the following— (a) the level and nature of the housing and productivity contribution, (b) the classes of development to which the housing and productivity contribution will apply, (c) the region, or part of the region, to which the housing and productivity contribution applies, (d) the way in which the housing and productivity contribution must be determined, (e) the time at which the housing and productivity contribution is required, (f) whether the housing and productivity contribution includes— (i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a transport project component ), and (ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a strategic biodiversity component ), (g) whether the housing and productivity contribution is required when a complying development certificate is issued for development. (2) A Ministerial planning order that requires a housing and productivity contribution may specify the following— (a) requirements relating to the form of the housing and productivity contribution, (b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions, (c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about— (i) the housing and productivity contribution required under the Ministerial planning order, and (ii) other obligations arising under the Ministerial planning order, (d) exemptions from the housing and productivity contribution, (e) the indexation of the housing and productivity contribution. s 7.26 (previously s 94EH): Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. 7.27 Making Ministerial planning orders requiring housing and productivity contributions (1) Before making a Ministerial planning order that requires a housing and productivity contribution, the Minister must obtain the concurrence of the Treasurer. (2) A Ministerial planning order that requires a housing and productivity contribution comes into force— (a) when it is published on the NSW planning portal, or (b) if a later day is specified in the order—on the later day. s 7.27 (previously s 94EI): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.28 Housing and productivity contributions imposed as conditions of development consent (1) If a Ministerial planning order requires a housing and productivity contribution in relation to development— (a) a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or (b) for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution. (2) The condition must be imposed in accordance with the Ministerial planning order. (3) If the consent authority or the certifier fails to impose the condition, the condition— (a) is taken to have been imposed in the terms required by the Ministerial planning order, and (b) the condition has effect as if it had been imposed by the consent authority or the certifier. (4) A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12. (5) If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made. (6) A condition imposed under this section must not be modified without the approval of the Minister. s 7.28 (previously s 94EJ): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 68, Sch 1.12 [2]. Subst 2023 No 10, Sch 1[8]. 7.29 No connection required No connection is required between the development on which a housing and productivity contribution is imposed and the regional infrastructure provided from the contribution, except— (a) a transport project component of the contribution may be imposed on development on land only for transport infrastructure that benefits the area in which the land is located, and (b) a strategic biodiversity component of the contribution may be imposed on development on land only for measures to conserve or enhance the natural environment that were required for biodiversity certification of the land. s 7.29 (previously s 94EK): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.30 No appeals A person cannot appeal to the Court under this Act in relation to a condition imposed under this subdivision. s 7.30 (previously s 94EL): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31 SBC Fund (1) There is established in the Special Deposits Account a fund called the Strategic Biodiversity Contributions Fund ( SBC Fund ). (2) The SBC Fund must be administered by the Planning Secretary. (3) The following must be paid into the SBC Fund— (a) payments relating to a strategic biodiversity component of a housing and productivity contribution, (b) money appropriated by Parliament for the purposes of the SBC Fund, (c) the proceeds of the investment of money in the SBC Fund, (d) other money required to be paid into the SBC Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the SBC Fund. (4) The assets of the SBC Fund may be applied only for the following purposes— (a) payments to public authorities for the provision of regional infrastructure that is a measure referred to in section 7.25, (b) money required to meet administrative expenses in relation to the SBC Fund, (c) other money directed or authorised to be paid from the SBC Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under subsection (3)(e). (5) A payment for the provision of regional infrastructure that is an approved conservation measure referred to in section 7.25(a)(i) must be made in accordance with the order specifying the approved conservation measure. (6) The Planning Secretary may make a payment out of the SBC Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Minister, and (b) after consultation with the Treasurer. (7) This section does not limit payments being made out of the HAP Fund to the Planning Secretary under section 7.31D. (8) The money in the SBC Fund may be invested in a way that the Minister is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31 (previously s 94EM): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Subdivision 5 Establishment of Housing and Productivity Fund div 7.1, sdiv 5 (previously pt 4, Div 6, Subdiv 5): Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. 7.31A Establishment of HAP Fund (1) There is established in the Special Deposits Account a fund called the Housing and Productivity Fund ( HAP Fund ). (2) Different accounts must be established in the HAP Fund to ensure— (a) housing and productivity contributions from development on land in a region, and proceeds from the investment of the contributions, are expended in the region as required by Subdivision 4, and (b) the transport project component from development on land in an area, and proceeds from the investment of the component, are expended for the benefit of the area. (3) The HAP Fund must be administered by the Treasury Secretary. s 7.31A: Ins 2023 No 10, Sch 1[8]. 7.31B Purpose of HAP Fund (1) The purpose of the HAP Fund is to support housing and promote economic activity in each region for which a housing and productivity contribution is required. (2) The HAP Fund achieves this by providing a source of funding for regional infrastructure in the region that— (a) facilitates the achievement of the planning priorities identified in a strategic plan applicable in the region, and (b) is able to be delivered in a reasonable time, and (c) is aligned with the asset management plan of the public authority to whom funding is provided. (3) The planning priorities include the housing targets for a district identified in a district strategic plan, as referred to in section 3.4. s 7.31B: Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. 7.31C Payments into HAP Fund The following must be paid into the HAP Fund— (a) housing and productivity contributions made under Subdivision 4, except for amounts required to be paid into the SBC Fund, (b) money appropriated by Parliament for the purposes of the HAP Fund, (c) the proceeds of the investment of money in the HAP Fund, (d) money required to be paid into the HAP Fund by or under this Act, the regulations or other legislation, (e) money advanced by the Treasurer for the purposes of the HAP Fund. s 7.31C: Ins 2023 No 10, Sch 1[8]. 7.31D Payments out of HAP Fund (1) The following are payable from the HAP Fund— (a) payments to public authorities for the provision of regional infrastructure, including associated administrative expenses, (b) money required to meet administrative expenses in relation to the HAP Fund, (c) money directed or authorised to be paid from the HAP Fund by this Act or the regulations, (d) money to repay money advanced by the Treasurer under section 7.31C(e). (2) A payment for the provision of regional infrastructure may be made if the infrastructure is— (a) identified in a strategic plan, or (b) identified in a State infrastructure strategy or an infrastructure plan under the Infrastructure NSW Act 2011 , Part 4, or (c) recommended for funding by the Minister because the Minister considers the infrastructure assists in achieving the purpose of the HAP Fund. (3) In making a recommendation under subsection (2)(c), the Minister must consider any representations made, in accordance with arrangements established by the Minister, by the following— (a) public authorities that deliver regional infrastructure, (b) councils, (c) the development industry. (4) The Treasury Secretary may make a payment out of the HAP Fund, other than a repayment of money advanced by the Treasurer, only— (a) with the approval of the Treasurer, and (b) after consulting with the Minister. (5) The regulations may provide for councils to make submissions to the Minister and Treasurer about future payments from the HAP Fund. s 7.31D: Ins 2023 No 10, Sch 1[8]. 7.31E Investment of money in HAP Fund The money in the Fund may be invested in a way that the Treasurer is permitted to invest money under the Government Sector Finance Act 2018 , Part 6. s 7.31E: Ins 2023 No 10, Sch 1[8]. Subdivision 6 Report by Treasurer div 7.1, sdiv 6: Ins 2023 No 10, Sch 1[8]. 7.31F Treasurer to give annual report (1) The Treasurer must prepare a report detailing, for each financial year, the payments made into, and from, each of the following— (a) the SBC Fund, (b) the HAP Fund. (2) The report must be in the form required by the regulations. (3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates. (4) In this section— financial year means a period of 12 months commencing on 1 July. s 7.31F: Ins 2023 No 10, Sch 1[8].

Planning agreements div 7.1, sdiv 2 (previously pt 4, Div 6, Subdiv 2): Renumbered 2017 No 60, Sch 7.2 [1]. 7.4 Planning agreements (cf previous s 93F) (1) A planning agreement is a voluntary agreement or other arrangement under this Division between a planning authority (or 2 or more planning authorities) and a person (the developer )— (a) who has sought a change to an environmental planning instrument, or (b) who has made, or proposes to make, a development application or application for a complying development certificate, or (c) who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies, under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards a public purpose. (2) A public purpose includes (without limitation) any of the following— (a) the provision of (or the recoupment of the cost of providing) public amenities or public services, (b) the provision of (or the recoupment of the cost of providing) affordable housing, (c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, (d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure, (e) the monitoring of the planning impacts of development, (f) the conservation or enhancement of the natural environment. (3) A planning agreement must provide for the following— (a) a description of the land to which the agreement applies, (b) a description of— (i) the change to the environmental planning instrument to which the agreement applies, or (ii) the development to which the agreement applies, (c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made, (d) for development—whether the agreement wholly or partly excludes the application of the following provisions— (i) section 7.11, (ii) section 7.12, (iii) Division 7.1, Subdivision 4, (e) if the agreement does not exclude the application of section 7.11 to the development, whether benefits under the agreement are or are not to be taken into consideration in determining a development contribution under section 7.11, (f) a mechanism for the resolution of disputes under the agreement, (g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer. (3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement. (4) A provision of a planning agreement in respect of development is not invalid by reason only that there is no connection between the development and the object of expenditure of any money required to be paid by the provision. Note. See section 7.3(1), which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time. (5) If a planning agreement excludes the application of section 7.11 or 7.12 to particular development, a consent authority cannot impose a condition of development consent in respect of that development under either of those sections (except in respect of the application of any part of those sections that is not excluded by the agreement). (5A) A planning authority, other than the Minister, is not to enter into a planning agreement excluding the application of Division 7.1, Subdivision 4 without the approval of— (a) the Minister, or (b) a development corporation designated by the Minister to give approvals under this subsection. (6) If a planning agreement excludes benefits under a planning agreement from being taken into consideration under section 7.11 in its application to development, section 7.11(6) does not apply to any such benefit. (7) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State. (8) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council. (9) A planning agreement cannot impose an obligation on a planning authority— (a) to grant development consent, or (b) to exercise any function under this Act in relation to a change to an environmental planning instrument. (10) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach this section or any other provision of this Act, or would breach the provisions of an environmental planning instrument or a development consent applying to the relevant land. (11) A reference in this section to a change to an environmental planning instrument includes a reference to the making or revocation of an environmental planning instrument. s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]. 7.5 Information about planning agreements (cf previous s 93G) (1) A planning agreement cannot be entered into, and a planning agreement cannot be amended or revoked, unless public notice has been given of the proposed agreement, amendment or revocation, and a copy of the proposed agreement, amendment or revocation has been available for inspection by the public for a period of not less than 28 days. (2) The regulations may provide for the public notice to be given under subsection (1) and may provide that it may be given contemporaneously with, in association with, or as part of, any other public notice or public notification that is required to be given of any matter relevant to the planning agreement. (3) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (4) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council— (a) a copy of the agreement within 14 days after the agreement is entered into, and (b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and (c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs. (5) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates. s 7.5 (previously s 93G): Renumbered 2017 No 60, Sch 7.2 [1]. 7.6 Registered planning agreements to run with land (cf previous s 93H) (1) A planning agreement can be registered under this section if the following persons agree to its registration— (a) if the agreement relates to land under the Real Property Act 1900 —each person who has an estate or interest in the land registered under that Act, or (b) if the agreement relates to land not under the Real Property Act 1900 —each person who is seised or possessed of an estate or interest in the land. (2) On lodgment by or on behalf of a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement— (a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or (b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900 . (3) A planning agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. (4) A reference in this section to a planning agreement includes a reference to any amendment or revocation of a planning agreement. s 7.6 (previously s 93H): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. 7.7 Circumstances in which planning agreements can or cannot be required to be made (cf previous s 93I) (1) A provision of an environmental planning instrument (being a provision made after the commencement of this section)— (a) that expressly requires a planning agreement to be entered into before a development application or application for a complying development certificate can be made, considered or determined, or (b) that expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into, has no effect. (2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement. (3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with— (a) the development application or application for a complying development certificate, or (b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application or application for a complying development certificate, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A. (4) In this section, planning agreement includes any agreement (however described) containing provisions similar to those that are contained in an agreement referred to in section 7.4. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.8 Jurisdiction of Court with respect to planning agreements (cf previous s 93J) (1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement. (2) This section does not affect the jurisdiction of the Court under section 9.45. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.9 Determinations or directions by Minister (cf previous s 93K) The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to— (a) the procedures to be followed in negotiating a planning agreement, or (b) the publication of those procedures, or (b1) the method of determining the extent of the provision of the public benefit to be made by the developer under a planning agreement, or (c) other standard requirements with respect to planning agreements. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1]. 7.10 Regulations—planning agreements (cf previous s 93L) The regulations may make provision for or with respect to planning agreements, including the following— (a) the form of planning agreements, (b) the subject-matter of planning agreements, (c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public, (d) the public inspection of planning agreements after they have been made. ss 7.7–7.10 (previously ss 93I–93L): Renumbered 2017 No 60, Sch 7.2 [1].

Planning agreements s 7.4 (previously s 93F): Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6].

(3A) A planning agreement cannot exclude the application of section 7.11 or 7.12 in respect of development unless the consent authority for the development or the Minister is a party to the agreement.

Report by Treasurer div 7.1, sdiv 6: Ins 2023 No 10, Sch 1[8]. 7.31F Treasurer to give annual report (1) The Treasurer must prepare a report detailing, for each financial year, the payments made into, and from, each of the following— (a) the SBC Fund, (b) the HAP Fund. (2) The report must be in the form required by the regulations. (3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates. (4) In this section— financial year means a period of 12 months commencing on 1 July. s 7.31F: Ins 2023 No 10, Sch 1[8].

Treasurer to give annual report s 7.31F: Ins 2023 No 10, Sch 1[8].

(3) The Treasurer must provide the report to each House of Parliament within 4 months of the end of the financial year to which the report relates.

Charges and fees div 7.4 (previously pt 7, Div 2): Renumbered 2017 No 60, Sch 7.2 [5]. 7.43 Right to charges and fees (cf previous s 136) For the purpose of this Act, the Planning Secretary may demand, levy and recover the prescribed charges and fees in accordance with this Division. s 7.43 (previously s 136): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.44 Charges and fees fixed by regulation (cf previous s 137) (1) Where under the provisions of any Act, regulation or environmental planning instrument the Minister, Planning Ministerial Corporation, Department or Planning Secretary— (a) supplies any service, product, commodity or publication, or (b) makes any registration, or (c) gives any permission, or (d) furnishes any information, or (e) receives any application for its approval, or (f) issues any certificate, requirement or direction, or (g) allows admission to any building, the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations. (1A) The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, Planning Ministerial Corporation, Department or Planning Secretary carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body. Note. Such functions may include making an environmental planning instrument. (1B) The regulations may prescribe the following in relation to a building information certificate issued under Part 6, Division 6.7— (a) charges and fees payable in connection with a certificate, (b) mechanisms to determine charges and fees payable in connection with a certificate. (2) In any such regulation, provision may be made requiring a deposit or prepayment in respect of any such charge or fee. (3) Nothing in this section authorises any charge or fee contrary to the provisions of any Act, regulation or environmental planning instrument. s 7.44 (previously s 137): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]. 7.45 Liability for charge or fee (cf previous s 138) The charge or fee shall be paid to the Minister, Planning Ministerial Corporation, Department or Planning Secretary by the person to whom or at whose request the service, permission or information is supplied, given or furnished, or at whose request the registration is made or from whom the application is received, as the case may be. s 7.45 (previously s 138): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. 7.46 Recovery of charges etc (cf previous s 139) (1) Any charge, fee or money due to the Minister, Planning Ministerial Corporation, Department or Planning Secretary under the provisions of this Act may be recovered as a debt or liquidated demand in a court of competent jurisdiction. (2) A monetary contribution required to be paid under this part may be recovered as a debt in a court of competent jurisdiction by the following— (a) for a contribution under Division 7.1, Subdivision 3—the relevant consent authority or council, (b) for a housing and productivity contribution under Division 7.1, Subdivision 4—the Treasury Secretary or the Planning Secretary. s 7.46 (previously s 139): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10].

Charges and fees fixed by regulation s 7.44 (previously s 137): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5].

(1) Where under the provisions of any Act, regulation or environmental planning instrument the Minister, Planning Ministerial Corporation, Department or Planning Secretary— (a) supplies any service, product, commodity or publication, or (b) makes any registration, or (c) gives any permission, or (d) furnishes any information, or (e) receives any application for its approval, or (f) issues any certificate, requirement or direction, or (g) allows admission to any building, the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations.

(1A) The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, Planning Ministerial Corporation, Department or Planning Secretary carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body. Note. Such functions may include making an environmental planning instrument.

Liability for charge or fee (cf previous s 138) The charge or fee shall be paid to the Minister, Planning Ministerial Corporation, Department or Planning Secretary by the person to whom or at whose request the service, permission or information is supplied, given or furnished, or at whose request the registration is made or from whom the application is received, as the case may be. s 7.45 (previously s 138): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5].

Recovery of charges etc (cf previous s 139) s 7.46 (previously s 139): Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10].

(1) Any charge, fee or money due to the Minister, Planning Ministerial Corporation, Department or Planning Secretary under the provisions of this Act may be recovered as a debt or liquidated demand in a court of competent jurisdiction.

Development control orders div 9.3: Ins 2017 No 60, Sch 9.1 [2]. 9.34 Orders that may be given (cf previous s 121B) (1) The development control orders that may be given under this Act are as follows— (a) general orders in accordance with the table to Part 1 of Schedule 5, (b) fire safety orders in accordance with the table to Part 2 of Schedule 5, (c) brothel closure orders in accordance with the table to Part 3 of Schedule 5. (2) The regulations may amend those tables. (3) A reference in those tables to a planning approval is a reference to a development consent, an approval for State significant infrastructure or a certificate under Part 6 (other than a compliance certificate). Note. See also Part 4 of the Building Products (Safety) Act 2017 . s 9.34: Ins 2017 No 60, Sch 9.1 [2]. Am 2017 No 69, Sch 2.4 [4]. 9.35 Relevant enforcement authorities who may give orders (cf previous ss 121B, 121C) (1) Development control orders may be given by the following (a relevant enforcement authority )— (a) the Minister or the Planning Secretary, but only in connection with State significant development, State significant infrastructure or any other development for which the Minister, the Planning Secretary or the Independent Planning Commission is or has been the consent authority, (b) a council, (c) a consent authority (not being the Independent Planning Commission, a Sydney district or regional planning panel, a council or a registered certifier), but only in connection with development for which the authority is or has been the consent authority, (d) in the case of fire safety orders (and without limiting the authority of other persons or bodies to give those orders)—the Commissioner of Fire and Rescue NSW or a member of staff of Fire and Rescue NSW, or a member of a permanent fire brigade, who is for the time being authorised by the Minister administering the Fire and Rescue NSW Act 1989 to give fire safety orders (an authorised fire officer ), (e) in the case of brothel closure orders (and without limiting the authority of other persons or bodies to give those orders)—a person or body exercising planning or regulatory functions in respect of the area in which the premises are situated and authorised by the Minister to give brothel closure orders, (f) any other public authority prescribed by the regulations for the purposes of this paragraph, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land owned or managed by the person or body that is within the coastal zone (within the meaning of the Coastal Management Act 2016 ), (g) the Minister or the Planning Secretary, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land that is within the coastal zone (within the meaning of the Coastal Management Act 2016 ). (2) A development control order in connection with State significant infrastructure may be given only by the Minister or the Planning Secretary. (3) A development control order cannot be given in respect of the following land unless the written consent of the Minister has first been obtained— (a) vacant Crown land within the meaning of the Crown Lands Act 1989 , (b) Crown managed land within the meaning of the Crown Land Management Act 2016 , (c) a common within the meaning of the Commons Management Act 1989 . The Minister must not give consent in respect of vacant Crown land or a reserve within the meaning of Part 5 of the Crown Lands Act 1989 until after the Minister has consulted the Minister administering the Crown Lands Act 1989 . (4) A copy of any development control order given by a relevant enforcement authority other than a council is to be provided by that authority to the council for the area concerned. s 9.35: Ins 2017 No 60, Sch 9.1 [2]. Am 2016 No 20, Sch 4.1 [6]; 2017 No 17, Sch 4.27 [2]; 2018 No 25, Sch 4 [5] [45]–[47]; 2018 No 59, Sch 5.1; 2018 No 63, Sch 3.3[4]. 9.36 Provisions relating to orders (cf previous s 121B) Part 4 of Schedule 5 contains provisions relating to the giving of orders and related matters. ss 9.36, 9.37: Ins 2017 No 60, Sch 9.1 [2]. 9.37 Failure to comply with order—offence (cf previous s 125) (1) A person to whom a development control order is given or is taken to have been given must comply with the terms of the order. (2) It is a sufficient defence to a prosecution for an offence against this section if the defendant satisfies the court that the defendant was unaware of the fact that the matter in respect of which the offence arose was the subject of an order. Maximum penalty—Tier 1 monetary penalty. Note 1. For civil enforcement—see Division 9.5. Note 2. Schedule 5 provides that a development control order that is given to a person binds a successor in title or occupation of the land concerned and is taken to have been given to the successor. Information about outstanding orders can be obtained under this Act by prospective successors. ss 9.36, 9.37: Ins 2017 No 60, Sch 9.1 [2].

Orders that may be given Note. See also Part 4 of the Building Products (Safety) Act 2017 . s 9.34: Ins 2017 No 60, Sch 9.1 [2]. Am 2017 No 69, Sch 2.4 [4].

(3) A reference in those tables to a planning approval is a reference to a development consent, an approval for State significant infrastructure or a certificate under Part 6 (other than a compliance certificate).

Relevant enforcement authorities who may give orders s 9.35: Ins 2017 No 60, Sch 9.1 [2]. Am 2016 No 20, Sch 4.1 [6]; 2017 No 17, Sch 4.27 [2]; 2018 No 25, Sch 4 [5] [45]–[47]; 2018 No 59, Sch 5.1; 2018 No 63, Sch 3.3[4].

(1) Development control orders may be given by the following (a relevant enforcement authority )— (a) the Minister or the Planning Secretary, but only in connection with State significant development, State significant infrastructure or any other development for which the Minister, the Planning Secretary or the Independent Planning Commission is or has been the consent authority, (b) a council, (c) a consent authority (not being the Independent Planning Commission, a Sydney district or regional planning panel, a council or a registered certifier), but only in connection with development for which the authority is or has been the consent authority, (d) in the case of fire safety orders (and without limiting the authority of other persons or bodies to give those orders)—the Commissioner of Fire and Rescue NSW or a member of staff of Fire and Rescue NSW, or a member of a permanent fire brigade, who is for the time being authorised by the Minister administering the Fire and Rescue NSW Act 1989 to give fire safety orders (an authorised fire officer ), (e) in the case of brothel closure orders (and without limiting the authority of other persons or bodies to give those orders)—a person or body exercising planning or regulatory functions in respect of the area in which the premises are situated and authorised by the Minister to give brothel closure orders, (f) any other public authority prescribed by the regulations for the purposes of this paragraph, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land owned or managed by the person or body that is within the coastal zone (within the meaning of the Coastal Management Act 2016 ), (g) the Minister or the Planning Secretary, but only in relation to orders under items 1, 3, 7, 10, 12 and 15 of Part 1 of Schedule 5 concerning land that is within the coastal zone (within the meaning of the Coastal Management Act 2016 ).

Miscellaneous pt 10 (previously Part 8): Renumbered 2017 No 60, Sch 10.2 [2]. 10.1 Act to bind Crown (cf previous s 6) This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. s 10.1 (previously s 6): Renumbered 2017 No 60, Sch 1.2 [10]. 10.2 Settlement of disputes (cf previous s 121) (1) Where a dispute arises between the Department or the Planning Secretary, and a public authority, other than a council, with respect to— (a) the operation of any provision made by or under this Act, the regulations or an environmental planning instrument, or (b) the exercise of any function conferred or imposed upon the Department or the Planning Secretary or upon the public authority by or under this Act, the regulations or an environmental planning instrument, a party to the dispute may submit that dispute to the Premier for settlement in accordance with this section. (1A) Where a dispute arises between a public authority, other than a council, and another public authority, other than a council, with respect to— (a) the operation of any provision made by or under this Act, the regulations or an environmental planning instrument, or (b) the exercise of any function conferred or imposed upon any such public authority by or under this Act, the regulations or an environmental planning instrument, a party to the dispute may submit that dispute to the Premier for settlement in accordance with this section. (2) Where a dispute arises between a public authority (including the Department and the Planning Secretary) and a council with respect to— (a) the operation of any provision made by or under this Act, the regulations or an environmental planning instrument, or (b) the exercise of any function conferred or imposed upon the public authority or council by or under this Act, the regulations or an environmental planning instrument, a party to the dispute may submit that dispute to the Minister for settlement in accordance with this section. (3) On the submission of a dispute to the Premier or the Minister under subsection (1), (1A) or (2), the Premier or Minister may appoint a member of the Independent Planning Commission to hold an inquiry and make a report to the Premier or the Minister with respect to that dispute or may himself or herself hold an inquiry with respect to that dispute. (4) After the completion of an inquiry held under subsection (3) and, where a report is made to the Premier or the Minister under that subsection, after consideration by the Premier or the Minister of that report, the Premier or the Minister, as the case may be, may make such order with respect to the dispute, having regard to the public interest and to the circumstances of the case, as the Premier or the Minister thinks fit. (5) An order made by the Premier or the Minister under subsection (4) may direct the payment of any costs or expenses of or incidental to the holding of the inquiry. (6) The Department, the Planning Secretary, a council or other public authority, as the case may be, shall comply with an order given under subsection (4), and shall, notwithstanding the provisions of any Act, be empowered to comply with any such order. (7) The provisions of any other Act relating to the settlement of disputes do not apply to the settlement of a dispute referred to in subsection (1), (1A) or (2). s 10.2 (previously s 121): Renumbered 2017 No 60, Sch 9.2 [12]. Am 2018 No 25, Sch 4 [5]. 10.3 Bush fire prone land (cf previous s 146) (1) If a bush fire risk management plan applies to land within the area of a council, the council must, within 12 months after the commencement of this section (and before the end of the period of every 5 years after the commencement)— (a) request the Commissioner of the NSW Rural Fire Service to designate land (if any) within the area that the Commissioner considers, having regard to the bush fire risk management plan, to be bush fire prone land, and (b) must record any land so designated on a map. (2) The Commissioner of the NSW Rural Fire Service must, if satisfied that the land designated by the Commissioner has been recorded by the council on a map, certify the map as a bush fire prone land map for the area of the council. (2A) The Commissioner of the NSW Rural Fire Service may, in accordance with the regulations, review the designation of land on a bush fire prone land map for an area at any time after the map is certified and revise the map accordingly. The revised map— (a) becomes the bush fire prone land map for the area on being certified by the Commissioner, and (b) is to be provided to the council by the Commissioner. (3) Land recorded for the time being as bush fire prone land on a bush fire prone land map for an area is bush fire prone land for the area for the purposes of this or any other Act. (4) The bush fire prone land map for an area is to be available for public inspection during normal office hours for the council. (5) In this section— bush fire risk management plan has the same meaning as it has in the Rural Fires Act 1997 . Note. Division 8 of Part 4 of the Rural Fires Act 1997 contains provisions relating to the carrying out of development and bush fire hazard reduction work on bush fire prone land. s 10.3 (previously s 146): Renumbered 2017 No 60, Sch 10.2 [2]. 10.4 Disclosure of political donations and gifts (cf previous s 147) (1) The object of this section is to require the disclosure of relevant political donations or gifts when planning applications are made to minimise any perception of undue influence by— (a) requiring public disclosure of the political donations or gifts at the time planning applications (or public submissions relating to them) are made, and (b) providing the opportunity for appropriate decisions to be made about the persons who will determine or advise on the determination of the planning applications. Political donations or gifts are not relevant to the determination of any such planning application, and the making of political donations or gifts does not provide grounds for challenging the determination of any such planning application. Note. This Act makes provision for planning applications to be referred to various bodies for advice or determination. Section 9.49 makes special provision where development consent is tainted by corruption. The Local Government Act 1993 makes provision with respect to voting by local councillors with a conflict of interest in any matter before the council. (2) In this section— gift means a gift within the meaning of the Electoral Funding Act 2018 . Note. A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration. local councillor means a councillor (including the mayor) of the council of a local government area. relevant planning application means— (a) a formal request to the Minister, a council or the Planning Secretary to initiate the making of an environmental planning instrument or development control plan in relation to development on a particular site, or (b) a formal request to the Minister or the Planning Secretary for development on a particular site to be made State significant development or State significant infrastructure or declared a project to which Part 3A applies, or (b1) an application for approval of State significant infrastructure (or for the modification of the approval for any such infrastructure), or (c) an application for approval of a concept plan or project under Part 3A (or for the modification of a concept plan or of the approval for a project), or (d) an application for development consent under Part 4 (or for the modification of a development consent), or (e) any other application or request under or for the purposes of this Act that is prescribed by the regulations as a relevant planning application, but does not include— (f) an application for (or for the modification of) a complying development certificate, or (g) an application or request made by a public authority on its own behalf or made on behalf of a public authority, or (h) any other application or request that is excluded from this definition by the regulations. relevant public submission means a written submission made by a person objecting to or supporting a relevant planning application or any development that would be authorised by the granting of the application. reportable political donation means a reportable political donation within the meaning of the Electoral Funding Act 2018 that is required to be disclosed under that Act. Note. Reportable political donations include those of or above $1,000. (3) A person— (a) who makes a relevant planning application to the Minister or the Planning Secretary is required to disclose all reportable political donations (if any) made within the relevant period to anyone by any person with a financial interest in the application, or (b) who makes a relevant public submission to the Minister or the Planning Secretary in relation to the application is required to disclose all reportable political donations (if any) made within the relevant period to anyone by the person making the submission or any associate of that person. The relevant period is the period commencing 2 years before the application or submission is made and ending when the application is determined. (4) A person who makes a relevant planning application to a council is required to disclose the following reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined— (a) all reportable political donations made to any local councillor of that council, (b) all gifts made to any local councillor or employee of that council. A reference in this subsection to a reportable political donation made to a local councillor includes a reference to a donation made at the time the person was a candidate for election to the council. (5) A person who makes a relevant public submission to a council in relation to a relevant planning application made to the council is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing 2 years before the submission is made and ending when the application is determined— (a) all reportable political donations made to any local councillor of that council, (b) all gifts made to any local councillor or employee of that council. A reference in this subsection to a reportable political donation made to a local councillor includes a reference to a donation made at the time the person was a candidate for election to the council. (6) The disclosure of a reportable political donation or gift under this section is to be made— (a) in, or in a statement accompanying, the relevant planning application or submission if the donation or gift is made before the application or submission is made, or (b) if the donation or gift is made afterwards, in a statement to the person to whom the relevant planning application or submission was made within 7 days after the donation or gift is made. (7) For the purposes of this section, a person has a financial interest in a relevant planning application if— (a) the person is the applicant or the person on whose behalf the application is made, or (b) the person is an owner of the site to which the application relates or has entered into an agreement to acquire the site or any part of it, or (c) the person is associated with a person referred to in paragraph (a) or (b) and is likely to obtain a financial gain if development that would be authorised by the application is authorised or carried out (other than a gain merely as a shareholder in a company listed on a stock exchange), or (d) the person has any other interest relating to the application, the site or the owner of the site that is prescribed by the regulations. (8) For the purposes of this section, persons are associated with each other if— (a) they carry on a business together in connection with the relevant planning application (in the case of the making of any such application) or they carry on a business together that may be affected by the granting of the application (in the case of a relevant planning submission), or (b) they are related bodies corporate under the Corporations Act 2001 of the Commonwealth, or (c) they are directors of the same body corporate, or they are directors of different bodies corporate that are related bodies corporate under the Corporations Act 2001 of the Commonwealth, or (d) one is a director of a body corporate and the other is the body corporate or a related body corporate under the Corporations Act 2001 of the Commonwealth, or (e) they have any other relationship prescribed by the regulations. (9) The disclosure of reportable political donations under this section is to include disclosure of the following details of each such donation made during the relevant disclosure period— (a) the name of the party or person for whose benefit the donation was made, (b) the date on which the donation was made, (c) the name of the donor, (d) the residential address of the donor (in the case of an individual) or the address of the registered or other official office of the donor (in the case of an entity), (e) the amount (or value) of the donation, (f) in the case of a donor that is an entity and not an individual—the Australian Business Number of the entity, (g) in relation to the disclosure of a political donation that is a reportable political donation by operation of section 6(2) of the Electoral Funding Act 2018 —details that separately identify that political donation and the earlier political donation or donations with which it is aggregated under that subsection. Note. The above details are the details required to be disclosed of political donations under the Electoral Funding Act 2018 . (10) The disclosure of gifts under this section is to include disclosure of the following details of each such gift made during the relevant disclosure period— (a) the name of the person to whom the gift was made, (b) the date on which the gift was made, (c) the name of the person who made the gift, (d) the residential address of the person who made the gift (in the case of an individual) or the address of the registered or other official office of the person who made the gift (in the case of an entity), (e) the amount (or value) of the gift. (11) A person is guilty of an offence against this section if the person fails to make a disclosure of a political donation or gift in accordance with this section that the person knows, or ought reasonably to know, was made and is required to be disclosed under this section. The maximum penalty for any such offence is the maximum penalty under the Electoral Funding Act 2018 for making a false statement in a declaration of disclosures lodged under that Part. (12) Disclosures of reportable political donations and gifts under this section are to be made available to the public on, or in accordance with arrangements notified on— (a) a website maintained by the Department (in the case of planning applications or submissions made to the Minister or the Planning Secretary), or (b) a website maintained by the council (in the case of planning applications or submissions made to that council). The disclosures are to be made so available within 14 days after the disclosures are made under this section. (13) This section applies to relevant planning applications or submissions made after the commencement of this section and, in relation to any such application or submission, extends to political donations or gifts made before that commencement. s 10.4 (previously s 147): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 20, Sch 3.3 [3]–[5]; 2018 No 25, Sch 4 [5]; 2019 No 1, Sch 2.12 [1]. 10.5 Disclosure and misuse of information (cf previous s 148) (1) A person shall not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made— (a) with the consent of the person from whom the information was obtained, (b) in connection with the administration or execution of this Act, (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, (d) in accordance with a requirement imposed under the Ombudsman Act 1974 , or (e) with other lawful excuse. (2) A person acting in the administration or execution of this Act shall not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated. (3) A person acting in the administration or execution of this Act, and being in a position to do so, shall not, for the purpose of gaining either directly or indirectly an advantage for himself or herself, or a person with whom he or she is associated, influence— (a) the making of any provision of an environmental planning instrument or proposed environmental planning instrument, or (b) the determination of a development application, or (c) a decision concerning a complying development certificate, or (d) the giving of a development control order. (4) In this section, a person is associated with another person if the person is the spouse, de facto partner, sibling, parent or child of the other person. (5), (6) Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987 . Maximum penalty—Tier 3 monetary penalty or imprisonment for 6 months, or both. s 10.5 (previously s 148): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2022 No 8, Sch 4.1[13]; 2023 No 52, Sch 1[18]. 10.6 Offence—false or misleading information (cf previous s 148B) (1) A person must not provide information in connection with a planning matter that the person knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—Tier 3 monetary penalty. (2) (3) For the purposes of this section, a person provides information in connection with a planning matter if— (a) the person is an applicant for a consent, approval or certificate under this Act (or for the modification of any such consent, approval or certificate) and the information is provided by the applicant in or in connection with the application, or (b) the person is engaged by any such applicant and the information is provided by that person for the purposes of the application, or (c) the person is a proponent of proposed development and the information is provided in or in connection with a formal request to the Minister, a council, the Planning Secretary or other planning authority for the making of provisions of an environmental planning instrument, Ministerial planning order, plan or other document under this Act in relation to the proposed development, or (d) the person provides information in connection with any other matter or thing under this Act that the regulations declare to be the provision of information in connection with a planning matter for the purposes of this section. (4) An environmental impact statement or other document is part of information provided in connection with a matter if it forms part of or accompanies the matter or is subsequently submitted in support of the matter. Note. The Crimes Act 1900 contains other offences relating to false and misleading information: section 192G (Intention to defraud by false or misleading statement—maximum penalty 5 years imprisonment); sections 307A, 307B and 307C (False or misleading applications/information/documents—maximum penalty 2 years imprisonment or $22,000, or both). s 10.6 (previously s 148B): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]. 10.7 Planning certificates (cf previous s 149) (1) A person may, on payment of the prescribed fee, apply to a council for a certificate under this section (a planning certificate ) with respect to any land within the area of the council. (2) On application made to it under subsection (1), the council shall, as soon as practicable, issue a planning certificate specifying such matters relating to the land to which the certificate relates as may be prescribed (whether arising under or connected with this or any other Act or otherwise). (3) (4) The regulations may provide that information to be furnished in a planning certificate shall be set out in the prescribed form and manner. (5) A council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware. (6) A council shall not incur any liability in respect of any advice provided in good faith pursuant to subsection (5). However, this subsection does not apply to advice provided in relation to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land within the meaning of Schedule 6. (7) For the purpose of any proceedings for an offence against this Act or the regulations which may be taken against a person who has obtained a planning certificate or who might reasonably be expected to rely on that certificate, that certificate shall, in favour of that person, be conclusively presumed to be true and correct. s 10.7 (previously s 149): Renumbered 2017 No 60, Sch 10.2 [2]. 10.8 Evidence (cf previous s 150) (1) A document that purports to be a copy or extract of any document, map or plan embodied, incorporated or referred to in an environmental planning instrument is admissible in evidence if— (a) it purports to be published on the NSW legislation website, in the Gazette or on the NSW planning portal, or (b) it purports to be certified— (i) where the original documents, maps or plans are held in the office of the Department—under the hand of such employee of the Department as is prescribed, or (ii) where the original documents, maps or plans are held in the offices of a council—under the hand of the mayor, general manager or public officer of the council. (2) Where the original documents, maps or plans are held in the office of— (a) the Department—the Planning Secretary shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee, or (b) a council—that council shall furnish a certified copy or extract to the person applying for it on payment of the prescribed fee. (3) For the purposes of this section, a copy or extract of a map or plan— (a) may be to the same scale as the original document, map or plan or may be an enlarged or reduced copy, and (b) where the original document, map or plan is coloured, may be a coloured copy or may be a black and white copy, and (c) may be a physical or electronic copy of the document, map or plan. s 10.8 (previously s 150): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2024 No 82, Sch 3.3[1] [2]. 10.9 Proof of ownership of land (cf previous s 151) (1) In any legal proceedings under this Act, in addition to any other method of proof available— (a) evidence that the person proceeded against is rated in respect of any land to any rate under the Local Government Act 1993 , otherwise than as a rate paying lessee, is, until the contrary is proved, evidence that the person is the owner of the land, or (b) a certificate furnished by the Registrar-General under subsection (2) with respect to any land is, until the contrary is proved, evidence that the person described in the certificate as the proprietor or owner of the land was the owner of that land at the time or during the period specified in the certificate pursuant to subsection (3)(b)(i) or (ii). (2) If— (a) written application with respect to any land is made to the Registrar-General under this subsection by a consent authority, and (b) the Registrar-General has been paid the prescribed fee, the Registrar-General is to furnish to the consent authority a certificate setting out such of the particulars specified in subsection (3) as are recorded in the Register kept under the Real Property Act 1900 or in the General Register of Deeds maintained under Division 1 of Part 23 of the Conveyancing Act 1919 and as the Registrar-General is able to ascertain from the information about the land furnished in the application. (3) The particulars are— (a) the situation and a description of the land, and (b) in the case of— (i) land subject to the provisions of the Real Property Act 1900 —the names and addresses of the person registered under that Act as the proprietor of the land at the time or during the period in respect of which the application is made and the date of registration of the instruments under which they became so registered, or (ii) land not subject to those provisions—the names and addresses of the owner of the land at the time or during the period in respect of which the application is made and the dates, and dates of registration under Division 1 of Part 23 of the Conveyancing Act 1919 , of the instruments kept in the General Register of Deeds maintained under that Division under which the owner became the owner of the land. (4) Judicial notice is to be taken for the purposes of this Act of the signature of the Registrar-General and of a Deputy Registrar-General. (5) In subsection (2)(b), the reference to the prescribed fee is, in relation to an application made under that paragraph— (a) in the case of land subject to the provisions of the Real Property Act 1900 —a reference to the fee prescribed under that Act for the purposes of that paragraph, or (b) in the case of land not subject to those provisions—a reference to the fee prescribed under the Conveyancing Act 1919 for the purposes of that paragraph. ss 10.9–10.12 (previously ss 151–153, 154): Renumbered 2017 No 60, Sch 10.2 [2]. 10.10 Right to be heard (cf previous s 152) Except as provided by this Act or the regulations, if this Act confers a right on a person to be heard, that person shall be entitled to be heard personally or by an Australian legal practitioner or agent. ss 10.9–10.12 (previously ss 151–153, 154): Renumbered 2017 No 60, Sch 10.2 [2]. 10.11 Notices (cf previous s 153) (1) Where under this Act any notice or other document is required to be given to or served upon any person, the notice or other document may be given or served— (a) in the case of an individual— (i) by delivering it to him or her, or (ii) by sending it by prepaid post addressed to him or her at the address, if any, specified by him or her for the giving of notices or service of documents under this Act, or, where no such address is specified, at his or her usual or last known place of abode or his or her last known place of business, or (b) in the case of a person not being an individual— (i) by leaving it at that person’s place of business, or, if that person is a corporation, at the registered office of that corporation, with a person apparently not less than 16 years of age and apparently in the service of the person to whom the notice or other document is required to be given or on whom the notice or other document is required to be served, or (ii) by sending it by prepaid post addressed to that person at the address, if any, specified by that person for the giving of notices or service of documents under this Act, or, where no such address is specified, at that person’s last known place of business, or (c) by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person. (2) A notice or other document shall, in respect of a notice or other document sent by prepaid post in accordance with subsection (1)(a)(ii) or (b)(ii), be deemed to have been given or served at the time at which the notice or other document would be delivered in the ordinary course of post. ss 10.9–10.12 (previously ss 151–153, 154): Renumbered 2017 No 60, Sch 10.2 [2]. 10.12 Transfer or amalgamation of land to which environmental planning instrument applies (cf previous s 154) (1) Where land is transferred from one area to another area or is amalgamated with land of another area— (a) subject to paragraph (b), an environmental planning instrument shall continue to apply to the land to which it applied immediately before the date of the transfer or amalgamation, and so applies as in force at that date, and (b) the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of any environmental planning instrument applying to the land so transferred or amalgamated immediately before the date of the transfer or amalgamation. (2) Where land is transferred from one area to another area— (a) a planning proposal that has been placed on public exhibition in accordance with Division 3.4 and that applies to land including that land may, with the written consent of the council of that other area given within 2 months after the date of the transfer, be proceeded with as if the transfer had not taken effect, (b) subject to paragraph (c), the plan, when it takes effect as an environmental planning instrument, shall apply to that land, and so applies as in force at the date of publication of the plan on the NSW legislation website, and (c) the council of that other area has the functions conferred or imposed on a council by or under this Act by virtue of the plan, when it takes effect as an environmental planning instrument, so far as it applies to that land. (3) An environmental planning instrument referred to in subsection (1) or (2), to the extent that it applies to land so referred to, so applies subject to any subsequent environmental planning instrument applying to that land. (4) This section applies to and in respect of a transfer or amalgamation of land, whether or not it is effected pursuant to the Local Government Act 1993 . ss 10.9–10.12 (previously ss 151–153, 154): Renumbered 2017 No 60, Sch 10.2 [2]. 10.13 Regulations (cf previous s 157) (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to— (a) any function conferred by this Act on any person, or (b) requiring information, particulars, returns and statistics to be furnished to the Planning Secretary by councils and the time and mode of furnishing and the manner of verifying them, or (c) the form, time, manner and mode of giving notices under this Act, or (c1) the content, form, erection, maintenance and removal of signs relating to the carrying out of development or persons involved with the carrying out of development, or (d) obligations on persons regarding fire and building safety, including the functions to be exercised only by a holder of an accreditation under the Building and Development Certifiers Act 2018 , or (d1) temporary structures, or (d2) entertainment venues (including in connection with the existing use of premises), or (e) the purposes, objectives, provision and maintenance of affordable housing, including— (i) means for determining whether a household is a very low income, low income or moderate income household (for example, by reference to income statistics produced by the Australian Bureau of Statistics), and (ii) means for determining affordable housing costs payable in respect of affordable housing (for example, by reference to percentages of household income), and (iii) enabling the Minister by order to determine matters relating to affordable housing (including the matters referred to in subparagraphs (i) and (ii)), or (f) procedural matters in relation to the making of local environmental plans, or (g) the documents to be provided to, and the matters to be notified to, a consent authority, council or certifier under this Act. (1A) The regulations may create offences punishable by a monetary penalty not exceeding $110,000. (2) A provision of a regulation may— (a) apply generally or be limited in its application by reference to specified exceptions or factors, (b) apply differently according to different factors of a specified kind, or (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or may do any combination of those things. (3) A regulation may apply, adopt or incorporate any publication as in force from time to time. s 10.13 (previously s 157): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[15]. 10.14 Copyright in documents used for purposes of this Act—indemnification (cf previous s 158A) (1) A relevant person who is not entitled to copyright in a document that is part of a planning matter is taken to have indemnified all persons using the document for the purposes of this Act against any claim or action in respect of a breach of copyright in the document. (1A) The regulations may require a relevant person who is entitled to copyright in a document that is part of a planning matter to give (in the planning matter or otherwise) a licence to the State or a council to use the copyright material for the purposes of this Act. The regulations may also require a relevant person who is not so entitled to that copyright to give a warranty (in the planning matter or otherwise) that the relevant person has a licence to so use the copyright material from the person who is entitled to copyright in any such document. (2) For the purposes of this section— (a) a development application or an application for a complying development certificate (or an application to modify a development consent) is a planning matter, and the applicant is the relevant person, and (b) an application for approval to carry out State significant infrastructure (or an application to modify an approval of State significant infrastructure) is a planning matter, and the applicant is the relevant person, and (c) a Part 3A project or concept plan application within the meaning of Schedule 6A (or a request to modify an approval or concept plan under Part 3A), and any environmental assessment or report under Part 3A, is a planning matter, and the applicant is the relevant person, and (d) an environmental impact statement under Division 5.1 or 5.2 (including any preferred infrastructure report under Division 5.2) is a planning matter, and the proponent under Division 5.1 or 5.2 is the relevant person, and (e) a planning proposal under Part 3 is a planning matter, and the person preparing the proposal is the relevant person, and (f) a planning agreement referred to in section 7.4 is a planning matter, and the developer under the agreement is the relevant person, and (g) a matter or thing under this Act that is declared by the regulations for the purposes of this section is a planning matter, and the person declared by the regulations is the relevant person in respect of that matter or thing. (3) For the purposes of this section, a document is part of a planning matter if it forms part of or accompanies the planning matter, or is subsequently submitted by the relevant person in support of the planning matter or is exhibited or made public in accordance with a requirement made by or under this Act in relation to the planning matter. (4) The regulations may limit the operation of this section. (4A) This section extends to planning matters in paper or electronic form. (5) This section extends to a planning matter that was made or submitted before the commencement of this section. s 10.14 (previously s 158A): Renumbered 2017 No 60, Sch 10.2 [2]. 10.15 Savings and transitional regulations—general (cf previous s 159) (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act or instrument that amends this Act (whether before or after the commencement of this section). (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day. (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. ss 10.15, 10.16: Ins 2017 No 60, Sch 10.1 [2]. 10.16 Making of Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 and related provisions (1) Schedule 13 to the Environmental Planning and Assessment Amendment Act 2017 is taken to be and has effect as a regulation made under this Act. (2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in that Schedule (but applies to any amendment or repeal of the regulation). (3) Part 3 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in that Schedule or to any amendment or repeal of the regulation. (4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in that Schedule (but apply to any amendment or repeal of the regulation). (5) Section 30C of the Interpretation Act 1987 applies to that Schedule as if it were an ancillary provision of the Environmental Planning and Assessment Amendment Act 2017 . The repeal of that Schedule by the operation of section 30C does not affect the continued effect of the regulation set out in that Schedule. ss 10.15, 10.16: Ins 2017 No 60, Sch 10.1 [2]. 10.17, 10.18 s 10.17: Ins 2020 No 1, Sch 2.8. Am 2021 No 5, Sch 1.12[2]. Rep 2022 No 5, Sch 1.8[1]. s 10.18: Ins 2020 No 1, Sch 2.8. Rep 2022 No 5, Sch 1.8[1].

Regulations s 10.13 (previously s 157): Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[15].

(2) A provision of a regulation may— (a) apply generally or be limited in its application by reference to specified exceptions or factors, (b) apply differently according to different factors of a specified kind, or (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or may do any combination of those things.

Provisions relating to planning bodies Part 1 Preliminary 1 Definitions (cf previous cl 268C of EPA Reg) In this Schedule— appoint means nominate in relation to a council nominee of a Sydney district or regional planning panel. member means the chairperson, council nominee or other member of a planning body. planning body means any of the following— (a) the Independent Planning Commission, (b) a Sydney district planning panel, (c) a regional planning panel, (d) a local planning panel, (e) a panel established by the Minister or Planning Secretary under section 2.3. Part 2 Independent Planning Commission—public hearings and procedure 2 Definitions In this Part— chairperson means the person appointed by the Minister as the chairperson of the Commission. Commission means the Independent Planning Commission. 3 Public hearings by Commission (cf previous cl 268R of EPA Reg) (1) The Commission must conduct a public hearing if (and only if)— (a) the Commission is requested to do so by the Minister under section 2.9(1)(d), or (b) the Minister has determined in a gateway determination that the Commission is to conduct a public hearing into a planning proposal for provisions of a local environmental plan. (2) The Commission must give reasonable notice of the public hearing— (a) by advertisement published in such manner as the Commission thinks fit, and (b) by notice in writing to any public authorities that the Commission thinks are likely to have an interest in the subject-matter of the public hearing. (3) The notice of a public hearing must contain the following matters— (a) the subject-matter of the public hearing, (b) the time and date of the public hearing, (b1) the place at which the public hearing is to be held or, if the hearing is to be held by audio link, audio visual link or other electronic means, information about how a member of the public may hear or view the hearing, (c) a statement that submissions may be made to the Commission in relation to the subject-matter concerned not later than the date specified in the notice (being a date not less than 14 days after the notice is given), (d) if the public hearing relates to an application for development consent—a statement of the effect the public hearing will have on any appeal rights in relation to the application. (4) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that part of any public hearing is to take place in private and give directions as to the persons who may be present. (5) A requirement to conduct a public hearing is taken to be satisfied if— (a) the hearing is held wholly or partly by audio link, audio visual link or other electronic means, and (b) the hearing, or the part of the hearing, held by audio link, audio visual link or other electronic means is able to be heard or viewed by electronic means by a member of the public at the time the hearing, or part of the hearing, is held. 4 Attendance of witnesses and production of documents at public hearings (cf previous cl 268Q of EPA Reg) (1) The chairperson of the Commission may require a person— (a) to attend a public hearing of the Commission to give evidence, or (b) to produce to the Commission a document that is relevant to a public hearing conducted by the Commission, at a time, date and place specified in a notice given to the person. (2) A person must not, without reasonable excuse, fail to comply with a requirement to attend a public hearing, or to produce a document. Maximum penalty—$11,000. (3) The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering a written statement. 5 Commission may restrict publication of evidence (cf previous cl 268U of EPA Reg) (1) If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that evidence given before the Commission or contained in documents lodged with the Commission is not to be published or may only be published subject to restrictions. (2) A person must not, without reasonable excuse, fail to comply with a direction given by the Commission under this clause. Maximum penalty—$11,000. 6 Reports by Commission after public hearing (cf previous cl 268V of EPA Reg) (1) The Commission must provide a copy of its findings and recommendations after a public hearing held by it (a final report )— (a) to the Minister or to such other person or body as the Minister may direct, and (b) in the case of proposed development the subject of an application for development consent—to the consent authority and to any public authority whose concurrence is required to the development, and (c) to such other persons as the Commission thinks fit. (2) A final report must contain a summary of any submissions received by the Commission in relation to the subject-matter of the public hearing. (3) A final report is to be made publicly available on the NSW planning portal within a reasonable time after it has been provided to the Minister or to a person or body directed by the Minister. (4) This clause does not apply if the public hearing relates to proposed development the subject of an application for development consent for which the Commission is the consent authority. 7 Annual report by Commission (cf previous cl 268W of EPA Reg) (1) The Commission must provide to the Minister an annual report on its operations in the preceding year. (2) An annual report is to be made publicly available on a government website within a reasonable time after it has been provided to the Minister. 8 Regulations The regulations may make provision for or with respect to the following— (a) the procedures of the Commission, including the procedures for public hearings relating to any or all, or a class, of its functions, (b) without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are to be represented only in specified circumstances, (c) requiring the provision of information to the Commission for the purposes of a public hearing or the exercise of any of its other functions, (d) the provision of information or reports by the Commission. Part 3 Sydney district and regional planning panels—constitution 9 Constitution of Sydney district planning panels The following Sydney district planning panels are constituted for the parts of the designated Sydney districts situated within the local government areas specified in relation to each panel— (a) Sydney Eastern City Planning Panel—local government areas of Bayside, Burwood, Canada Bay, Inner West, City of Randwick, Strathfield, Waverley and Woollahra. (b) Sydney North Planning Panel—local government areas of Hornsby, Hunter’s Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Northern Beaches, City of Ryde and City of Willoughby. (c) Sydney South Planning Panel—local government areas of Canterbury-Bankstown, Georges River and Sutherland Shire. (d) Sydney Central City Planning Panel—local government areas of City of Blacktown, Cumberland, City of Parramatta and The Hills Shire. (e) Sydney Western City Planning Panel—local government areas of City of Blue Mountains, City of Campbelltown, Camden, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Penrith and Wollondilly. 10 Constitution of regional planning panels The following regional planning panels are constituted for the parts of the State situated within the local government areas specified in relation to each panel— (a) Hunter and Central Coast Regional Planning Panel—local government areas of Central Coast, Cessnock City, Dungog, Lake Macquarie City, Maitland City, Mid-Coast, Muswellbrook, Newcastle City, Port Stephens, Singleton and Upper Hunter Shire. (b) Northern Regional Planning Panel—local government areas of Armidale Regional, Ballina, Bellingen, Byron, Clarence Valley, Coffs Harbour City, Glen Innes Severn Shire, Gunnedah, Gwydir, Inverell, Kempsey, Kyogle, Lismore City, Liverpool Plains, Moree Plains, Nambucca, Narrabri, Port Macquarie-Hastings, Richmond Valley, Tamworth Regional, Tenterfield, Tweed, Uralla and Walcha. (c) Southern Regional Planning Panel—local government areas of City of Albury, Bega Valley, Coolamon, Cootamundra-Gundagai Regional, Eurobodalla, Goulburn Mulwaree, Greater Hume Shire, Hilltops, Junee, Kiama, Lockhart, Queanbeyan-Palerang Regional, Shellharbour City, Shoalhaven City, Snowy Monaro Regional, Snowy Valleys, Temora, Upper Lachlan Shire, Wagga Wagga City, Wingecarribee, Wollongong City and Yass Valley. (d) Western Regional Planning Panel—local government areas of Balranald, Bathurst Regional, Berrigan, Bland, Blayney, Bogan, Bourke, Brewarrina, Broken Hill City, Cabonne, Carrathool, Central Darling, Cobar, Coonamble, Cowra, Dubbo Regional, Edward River, Federation, Forbes, Gilgandra, Griffith City, Hay, Lachlan, Leeton, City of Lithgow, Mid-Western Regional, Murray River, Murrumbidgee, Narrandera, Narromine, Oberon, Orange City, Parkes, Walgett, Warren, Warrumbungle Shire, Weddin and Wentworth. Part 4 Provisions relating to members of planning bodies 11 Terms of office of members (cf previous Sch 3, cl 5; Sch 4, cl 4) (1) A member of a planning body holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment. (2) That period may be determined by reference to the occurrence of a specified event or the completion of the exercise of particular functions of the planning body. (3) A member is eligible (if otherwise qualified) for re-appointment. (4) A member of the Independent Planning Commission may not hold office as a member for more than 6 years in total. (4A) Despite any other provision of this clause, the Minister may, by instrument in writing, extend the term of appointment of a member of the Independent Planning Commission for the purpose of enabling the member to complete a function as a member after the time that the term would otherwise end. (5) A State member of a Sydney district planning panel may not hold office as a member of that panel for more than 9 years in total. (6) A member of a local planning panel may not hold office as a member of that panel for more than 6 years in total. 12 Full-time or part-time office (cf previous Sch 3, cl 6; Sch 4, cl 5) (1) The Minister may appoint a member of the Independent Planning Commission on either a full-time or part-time basis. The Minister may change the basis of the appointment during the member’s term of office. (2) The office of a member of any other planning body is a part-time office. 13 Deputy chairperson—Sydney district or regional planning panels (cf previous Sch 4, cl 7) (1) A Sydney district planning panel or a regional planning panel may elect a deputy chairperson from among its State members (either for the duration of the person’s term of office as a member or for a shorter term). (2) The deputy chairperson vacates office as deputy chairperson if he or she— (a) is removed from that office by the panel, or (b) resigns that office by instrument in writing addressed to the panel, or (c) ceases to be a member of the panel. 14 Remuneration of members (cf previous Sch 3, cl 7; Sch 4, cl 6; cl 268L of EPA Reg) (1) A member of a planning body (other than a full-time member of the Independent Planning Commission) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member. (2) A full-time member of the Independent Planning Commission is entitled to be paid— (a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member. 15 Alternate members (except for Independent Planning Commission) (cf previous Sch 4, cl 8; cl 268M of EPA Reg) (1) In this clause— appointing authority for a member of a planning body means the Minister, the Planning Secretary or the council that appointed the member. planning body does not include the Independent Planning Commission. (2) The appointing authority may, from time to time, appoint a person to be the alternate of a member of a planning body, and may revoke any such appointment. (3) The Minister may direct appointing authorities to appoint persons as alternates of members of local planning panels. (4) A person is not eligible to be appointed as the alternate of a member of a planning body unless the person is eligible to be appointed as that member. (5) In the absence of a member, the member’s alternate may, if available, act in the place of the member. (6) While acting in the place of a member, a person has all the functions of the member and is taken to be a member. (7) A person may be appointed as the alternate of 2 or more members, but may represent only one of those members at any meeting of the planning body. (8) In the case of State members of a Sydney district or regional planning panel or members of a local planning panel, a number of persons may be appointed as the alternate of one or more members. The person who may act in the place of a member on any particular occasion is the person determined by the chairperson of the panel concerned. (9) A person while acting in the place of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person. (10) If the chairperson of a planning body is appointed from among a number of members of the body, the alternate of a member who is the chairperson does not have the member’s functions as chairperson unless the appointing authority authorises the alternate to exercise those functions. 16 Removal from office of members (cf previous Sch 3, cl 8; Sch 4, cl 9) (1) The Minister may remove a member of a planning body (other than a local planning panel) from office at any time for any reason and without notice. However, the Minister must provide a written statement of the reasons for removing the member from office and make the statement publicly available. (2) The Minister may remove a member of a planning body from office if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the removal of the member from office because of corrupt conduct by the member. (3) In the case of a council nominee of a Sydney district or regional planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the council nominee from office and make the statement publicly available. (4) In the case of a member of a local planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the member from office and make the statement publicly available. 17 Vacancy in office of member (cf previous Sch 3, cl 8; Sch 4, cl 9) (1) The office of a member becomes vacant if the member— (a) dies, or (b) completes a term of office and is not re-appointed, or (c) resigns the office by instrument in writing addressed to the Minister or, in the case of a council nominee of a Sydney district or regional planning panel or a member of a local planning panel), addressed to the applicable council, or (d) is removed from office under this or any other Act, or (e) is absent from 3 consecutive meetings of the planning body of which reasonable notice has been given to the member personally or by post, except on leave granted by the planning body or unless the member is excused by the planning body for having been absent from those meetings, or (f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or (g) becomes a mentally incapacitated person, or (h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (i) in the case of a member of a Sydney district planning panel, a regional planning panel or a local planning panel—becomes a councillor, property developer or real estate agent and for that reason is not eligible to be appointed as a member of the panel. (2) If the office of a member becomes vacant, a person may, subject to this Act and the regulations, be appointed to fill the vacancy. 18 Chairperson—vacation of office (cf previous Sch 3, cl 10; Sch 4, cl 11) (1) If the chairperson of a planning body is appointed by the Minister or the Planning Secretary from among a number of members of the body, the person vacates office as chairperson if he or she— (a) is removed from the office of chairperson by the Minister or the Planning Secretary, or (b) resigns the office of chairperson by instrument in writing addressed to the Minister or the Planning Secretary. (2) A person vacates office as chairperson of a planning body if the person vacates office as a member of the body. 19 Effect of certain other Acts (cf previous Sch 3, cl 12; Sch 4, cl 13) (1) The statutory provisions relating to the employment of Public Service employees do not apply to the appointment or office of a member. (2) If by or under any Act provision is made— (a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or (b) prohibiting the person from engaging in employment outside the duties of that office, the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member. 20 Special provision regarding composition of Sydney district or regional planning panel in the case of coastal protection works (1) This clause applies where a Sydney district or regional planning panel deals with the determination of a development application regarding coastal protection works on land within the coastal zone (within the meaning of the Coastal Management Act 2016 ). (2) If any State member of the panel (other than the chairperson) does not have expertise in coastal engineering or coastal geomorphology, the Minister is to appoint an alternate of the member who has that expertise, and that alternate member is to act in the place of the State member when the panel deals with the determination of that development application. Part 5 Provisions relating to procedure of planning bodies 21 General procedure (cf previous cl 268D of EPA Reg) (1) The procedure for the calling of meetings of a planning body and for the conduct of business at those meetings is, subject to this Act, to be as determined by the planning body. (2) Subject to this clause, a planning body is not bound by the rules of evidence. (3) Nothing in this Schedule derogates from any law relating to Crown privilege. 22 Quorum (cf previous cl 268E of EPA Reg) The quorum for a meeting of a planning body is a majority of its members for the time being. 23 Presiding member (cf previous cl 268F of EPA Reg) (1) The chairperson or, in the absence of the chairperson, the deputy chairperson (if any) or a person elected by the members is to preside at a meeting of a planning body. (2) In the case of the Independent Planning Commission, the chairperson may appoint a member to preside at a meeting of the Commission, in which case a reference in subclause (1) to the chairperson includes a reference to any such appointed member. (3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. 24 Voting (cf previous cl 268G of EPA Reg) A decision supported by a majority of the votes cast at a meeting of a planning body at which a quorum is present is the decision of the planning body. 25 Meetings (cf previous cl 268H of EPA Reg) (1) The Independent Planning Commission may conduct its meetings in public, and is required to do so for the conduct of any business that is required by the Minister to be conducted in public. (2) A planning body (other than the Independent Planning Commission) is required to conduct its meetings in public. (3) A planning body is required to record meetings conducted in public (whether an audio/video record, an audio record or a transcription record). The record is required to be made publicly available on the website of or used by the planning body. (4) A planning body may carry out any of the planning body’s business at a meeting held wholly or partly by audio link, audio visual link or other electronic means, but only if a member who speaks on a matter before the meeting or the part of the meeting can be heard by the other members. (5) A meeting, or a part of a meeting, held in accordance with subclause (4) is taken to be conducted in public if— (a) the meeting, or the part of the meeting, is recorded, and (b) the record of the meeting or part is made publicly available as required under subclause (3). (6) The regulations may provide that a prescribed planning body is exempt from the requirements of this clause. (7) However, a planning body prescribed under subclause (6) must, within 14 days after a meeting at which the body considers proposed development that includes residential accommodation, make the minutes of the meeting, including a record of all decisions made and written reasons for the decisions, publicly available. 26 Transaction of business outside meetings (cf previous cl 268I of EPA Reg) (1) A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body. (2) For the purposes of the approval of a resolution under this clause, the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body. (3) A resolution approved under this clause is to be recorded in the minutes of the meetings of the planning body and is to be made publicly available on the website of or used by the planning body. (4) Papers may be circulated among the members for the purposes of this clause by electronic transmission of the information in the papers concerned. (5) The regulations may provide that a prescribed planning body is exempt from the requirements of subclause (3). (6) However, a planning body prescribed under subclause (5) must, within 14 days after making a resolution relating to proposed development that includes residential accommodation, make the resolution and written reasons for the resolution publicly available. 27 Disclosure of pecuniary interests (cf previous Sch 3, cl 11; Sch 4, cl 12) (1) If— (a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the planning body, and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the planning body. (2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of— (a) the member, or (b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or (c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member. (3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2)(b) or (c)— (a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or (b) just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or (c) just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body. (4) A disclosure by a member at a meeting of the planning body that the member, or a spouse, de facto partner, relative, partner or employer of the member— (a) is a member, or is in the employment, of a specified company or other body, or (b) is a partner, or is in the employment, of a specified person, or (c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1). (5) Particulars of any disclosure made under this clause must be recorded by the planning body and that record must be open at all reasonable hours to inspection by any person on payment of the fee determined by the planning body. (6) After a member has disclosed the nature of an interest in any matter, the member must not— (a) be present during any deliberation of the planning body with respect to the matter, or (b) take part in any decision of the planning body with respect to the matter. (7) For the purposes of the making of a determination by the planning body under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the planning body for the purpose of making the determination, or (b) take part in the making by the planning body of the determination. (8) A contravention of this clause does not invalidate any decision of the planning body. (9) This clause extends to a council nominee of a Sydney district or regional planning panel, and the provisions of Part 2 (Duties of disclosure) of Chapter 14 of the Local Government Act 1993 do not apply to any such nominee when exercising functions as a member of the panel. 28 Code of conduct (1) The Minister may approve a code of conduct that is applicable to members of a planning body. (2) A code of conduct may relate to any conduct (whether by way of act or omission) in carrying out a member’s functions that is likely to bring the planning body or its members into disrepute. (3) The Minister may authorise a planning body to vary a code of conduct in relation to the members of that planning body. 29 Provision of information by planning bodies (cf previous cl 268NA of EPA Reg) A planning body must provide the Minister with such information and reports as the Minister may, from time to time, request. Part 6 Planning Ministerial Corporation—property provisions 30 General land functions of Corporation (cf previous s 11) (1) For the purposes of this Act, the Planning Ministerial Corporation may, in such manner and subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with land vested in the Corporation and grant easements or rights-of-way over that land or any part of it. (2) Without affecting the generality of subclause (1), the Planning Ministerial Corporation may, in any contract for the sale of land vested in it, include conditions for or with respect to— (a) the erection of any building on that land by the purchaser within a specified period, or (b) conferring on the Corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a), or (c) conferring on the Corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or requiring the purchaser to pay to the Corporation a sum determined in a specified manner where the Corporation does not exercise that option or right, or (d) the determination of the repurchase price payable by the Corporation pursuant to a condition referred to in paragraph (b) or (c). (3) A condition included in a contract of sale pursuant to subclause (2) does not merge in the transfer of title to the land, the subject of the contract of sale, on completion of the sale. (4) In addition to other functions conferred or imposed on the Planning Ministerial Corporation under this or any other Act, the Corporation may, for the purposes of this Act— (a) manage land vested in the Corporation, and (b) cause surveys to be made and plans of surveys to be prepared in relation to land vested in the Corporation or in relation to any land proposed to be acquired by the Corporation, and (c) demolish, or cause to be demolished, any building on land vested in the Corporation of which it has exclusive possession, and (d) provide, or arrange, on such terms and conditions as may be agreed upon for the location or relocation of utility services within or adjoining or in the vicinity of land vested in the Corporation, and (e) subdivide and re-subdivide land and consolidate subdivided or re-subdivided land vested in the Corporation, and (f) set out and construct roads on land vested in the Corporation or on land of which the Corporation has exclusive possession, or on any other land with the consent of the person in whom it is vested, and (g) erect, alter, repair and renovate buildings on and make other improvements to or otherwise develop land vested in the Corporation or any other land, with the consent of a person in whom it is vested, and (h) cause any work to be done on or in relation to any land vested in the Corporation or any other land, with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument that applies to the land, and (i) by notification published in the Gazette, dedicate any land vested in the Corporation as a reserve for public recreation or other public purposes and fence, plant and improve any such reserve. (5) In the exercise of any function under subclause (4)(f), consultations are to be held with Transport for NSW, the relevant council and such other persons as the Minister determines. (6) In relation to any land (whether vested in the Planning Ministerial Corporation or not), the Corporation may exercise any function that is necessary or convenient to be exercised in, or for any purpose of, the application of any part of a Development Fund established under Division 7.3. 31 Power of Corporation to acquire land etc (cf previous ss 9, 10, 11, 12) (1) The Planning Ministerial Corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Planning Secretary by an environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 . (2) Without limiting the generality of subclause (1), the Planning Ministerial Corporation may acquire in any manner authorised by that subclause— (a) any land to which an environmental planning instrument applies and which the Minister considers should be made available in the public interest for any purpose, or (b) any land of which that proposed to be acquired under this clause forms part, or (c) any land adjoining or in the vicinity of any land proposed to be acquired under this clause, or (d) a leasehold or any other interest in land. (3) The Planning Ministerial Corporation may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act and may agree to the condition of any such gift, devise or bequest. (4) The rule of law against remoteness of vesting does not apply to any such condition to which the Planning Ministerial Corporation has agreed. (5) If the Planning Ministerial Corporation acquires property under subclause (3), neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Duties Act 1997 . (6) For the purposes of the Public Works and Procurement Act 1912 , any acquisition of land under this clause is taken to be for an authorised work and the Planning Ministerial Corporation is, in relation to that authorised work, taken to be the Constructing Authority. Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed by the Planning Ministerial Corporation. 32 Notification of interests (cf previous s 12) (1) The Registrar-General must, at the request of the Planning Ministerial Corporation made in a manner approved by the Registrar-General and on payment of the fee prescribed under the Real Property Act 1900 , make, in the Register kept under that Act, a recording appropriate to signify— (a) that land specified in the request is held subject to a condition authorised under clause 30, or (b) that a recording made pursuant to paragraph (a) has ceased to have effect. (2) The Planning Ministerial Corporation is not to make a request pursuant to subclause (1)(a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not to be concerned to inquire whether any such request has been made for that purpose. (3) Where a recording pursuant to subclause (1)(a) has been made in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of that land to or by a person other than the Planning Ministerial Corporation unless it would be so registrable if this Schedule had not been enacted and unless— (a) a recording pursuant to subclause (1)(b) has been made in respect of the land, or (b) the consent of the Corporation to the transfer has been endorsed on the transfer. (4) When a recording is made pursuant to subclause (1) in respect of any land, the Planning Secretary must notify the council in whose area the land is situated of the recording. sch 2: Ins 2017 No 60, Sch 2.1 [3]. Am 2018 No 20, Sch 3.3 [6]; 2018 No 25, Schs 2.7, 4 [50]; 2018 (469), cl 3 (1) (2); 2018 No 66, Sch 1 [14] [15]; 2019 (74), cl 3; 2019 No 1, Sch 2.12 [2]; 2020 No 30, Sch 4.17; 2022 No 5, Sch 1.8[2]–[5]; 2022 No 8, Sch 4.1[14]; 2025 No 24, Sch 1[43] [44].

Definitions (cf previous cl 268C of EPA Reg) In this Schedule— appoint means nominate in relation to a council nominee of a Sydney district or regional planning panel. member means the chairperson, council nominee or other member of a planning body. planning body means any of the following— (a) the Independent Planning Commission, (b) a Sydney district planning panel, (c) a regional planning panel, (d) a local planning panel, (e) a panel established by the Minister or Planning Secretary under section 2.3.

(4) In the case of a member of a local planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the member from office and make the statement publicly available.

(1) The office of a member becomes vacant if the member— (a) dies, or (b) completes a term of office and is not re-appointed, or (c) resigns the office by instrument in writing addressed to the Minister or, in the case of a council nominee of a Sydney district or regional planning panel or a member of a local planning panel), addressed to the applicable council, or (d) is removed from office under this or any other Act, or (e) is absent from 3 consecutive meetings of the planning body of which reasonable notice has been given to the member personally or by post, except on leave granted by the planning body or unless the member is excused by the planning body for having been absent from those meetings, or (f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or (g) becomes a mentally incapacitated person, or (h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (i) in the case of a member of a Sydney district planning panel, a regional planning panel or a local planning panel—becomes a councillor, property developer or real estate agent and for that reason is not eligible to be appointed as a member of the panel.

Development control orders Part 1 General orders Column 1 Column 2 Column 3 To do what? When? To whom? 1 Stop Use Order To stop using premises or a building Not to conduct or to stop conducting an activity on the premises Premises are being used— • for a prohibited purpose, or • for a purpose for which a planning approval is required but has not been obtained, or • in contravention of a planning approval. Building is being used— • inconsistently with its classification under this Act or the Local Government Act 1993 , and • in a manner that constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety, and • in a manner that is not regulated or controlled under any other Act by a public authority. Premises are being used for an activity (that would or would be likely to require planning approval) that— • constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety, and • is not regulated or controlled under any other Act by a public authority. • The owner of premises or building • The person using the premises or building 2 Stop Work Order To stop building work or subdivision work carried out in contravention of this Act Building work or subdivision work is carried out— • in contravention of this Act, or • in a manner that would affect the support of adjoining premises. • Owner of the land • Any person apparently engaged in the work 3 Demolish Works Order To demolish or remove a building A building— • requiring a planning approval is erected without approval, or • requiring approval under the Local Government Act 1993 is erected without approval, or • is or is likely to become a danger to the public, or • is so dilapidated that it is prejudicial to persons or property in the neighbourhood, or • is erected in contravention of this Act. Owner of building or, if the building is situated wholly or partly in a public place, the person who erected the building 4 Stop Demolition Order To stop demolishing, or not to demolish, a building Demolition requiring a planning approval is being carried out, or would be carried out, without approval or in contravention of an approval. • The owner of premises • The person carrying out the demolition or likely to carry out the demolition 5 Repair Order To repair or make structural alterations to a building The building is or is likely to become a danger to the public or is so dilapidated that it is prejudicial to the occupants, persons or property in the neighbourhood. Owner of building 6 Remove Advertising Order To modify, demolish or remove an advertisement and any associated structure The advertisement is— • unsightly, objectionable or injurious to the amenity of any natural landscape, foreshore, public reserve or public place at or near where the advertisement is displayed, or • displayed contrary to a provision made by or under this Act, or • associated with a structure erected contrary to a provision made by or under this Act. • The owner of premises displaying the advertisement or on which the associated structure is erected • The person responsible for the display of the advertisement and erection of the associated structure 7 Public Safety Order To erect or install structures or appliances necessary for public safety A building— • is about to be erected, or • is dangerous to persons or property on or in a public place, or • is about to be demolished. Works are— • about to be carried out, or • about to be demolished. The owner or occupier of the land 8 Evacuate Premises Order To stop using premises or to evacuate premises A person who has failed to comply with a Stop Use Order issued because the use constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety. The person to whom the Stop Use Order was given 9 Exclusion Order To leave premises or not to enter premises A person who has failed to comply with a Stop Use Order issued because the use constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety. Any person 10 Restore Works Order To restore premises to the condition in which they were before unlawful building or other works occurred An unauthorised building has been the subject of a Demolish Works Order or unauthorised works have been carried out. • The owner of the premises • Any person entitled to act on a planning approval or acting in contravention of a planning approval • In relation to work unlawfully carried out that was the deposit of material in a public place, the person responsible for unlawfully depositing material in a public place 11 Compliance Order To comply with a planning approval for the carrying out of works A planning approval has not been complied with. • The owner of the premises • Any person entitled to act on a planning approval, or acting in contravention of a planning approval To do whatever is necessary so that any building or part of a building that has been unlawfully erected complies with relevant development standards Building has been unlawfully erected and does not comply with relevant development standards. The owner of the premises To carry out works associated with subdivision Authorised subdivision works, or works agreed to by the applicant, have not been carried out. The person required to carry out the works 12 Repair or Remove Works Order To repair or remove a building in a public place The building is unlawfully situated wholly or partly in a public place. Owner or occupier of the building or the person who erected the building 13 Complete Works Order To complete authorised works under a planning approval within a specified time The authorised works have commenced, but have not been completed, before the planning approval would (but for the commencement of the works) have lapsed. The owner of the relevant land 14 Remedy or Restrain Breach Order To do or refrain from doing any act to remedy or restrain a breach of Division 5.2 (or an approval under that Division) or a breach of a consent for State significant development The breach has occurred, is occurring or is likely to occur The person who caused, is causing or is likely to cause the breach, or the person entitled to act on the approval or consent 15 Stop Coastal Activities Order To cease carrying out or conducting an activity on a beach, dune or foreshore (within the meaning of those terms in the Coastal Management Act 2016 ), whether or not the activity is subject to a development consent The activity is being carried out in contravention of this Act Any person apparently engaged in promoting, conducting or carrying out the activity Part 2 Fire safety orders Column 1 Column 2 Column 3 To do what? In what circumstances? To whom? 1 To do or stop doing things for the purposes of ensuring or promoting adequate fire safety or fire safety awareness When provision for fire safety or fire safety awareness is inadequate to— • prevent fire, or • suppress fire, or • prevent the spread of fire. To ensure or promote the safety of persons in the event of fire. When lack of maintenance of the premises or the use of the premises constitutes a significant fire hazard. The owner of the premises or, in the case of a place of shared accommodation, the owner or manager 2 To stop doing an activity on premises, including on premises used for the purposes of shared accommodation The activity is or is likely to be— • a life threatening hazard, or • a threat to public health or public safety, and the activity is not regulated or controlled under any other Act by a public authority. Any person apparently engaged in promoting, conducting or carrying out the activity 3 To stop the use of premises or to evacuate premises, or not to enter the premises When an order under item 1 or 2 above has already been served and has not been complied with. Any person Part 3 Brothel closure orders Column 1 Column 2 Column 3 To do what? In what circumstances? To whom? To stop using premises as a brothel, including to specifically stop using the premises for— • sexual acts or services in exchange for payment, or • massage services (other than genuine remedial or therapeutic massage services) in exchange for payment, or • adult entertainment involving nudity, indecent acts or sexual activity in exchange for payment or ancillary to other goods or services. To prohibit using premises for any of the above uses if those uses are prohibited under an environmental planning instrument or require planning approval and no approval has been granted. To comply with the conditions of a planning approval for the use of premises as a brothel. When premises are being used for a purpose that is prohibited. When premises are being used for a purpose for which a planning approval is required but has not been obtained. When premises are being used in contravention of a planning approval. The owner of the premises, or the person using premises for the purpose specified in the order. The person entitled to act on a planning approval who is acting in contravention of the approval. Any person apparently in control of, or managing, or assisting in the control or management of, the brothel. Part 4 Provisions relating to development control orders 1 Order may specify standards and work that will satisfy those standards (cf previous ss 121P, 121R) (1) A relevant enforcement authority may give a development control order that does the following instead of specifying in the order the things the person to whom the order is given must do or refrain from doing— (a) specifies the standard that the premises concerned are required to meet, (b) indicates the nature of the work that, if carried out, would satisfy that standard. (2) The relevant enforcement authority may, in any such development control order, require the owner or occupier to prepare and submit to the relevant enforcement authority, within the period specified in the order, particulars of the work the owner or occupier considers necessary to make provision for such matters as may be so specified. (3) The relevant enforcement authority must, within 28 days after those particulars of work are submitted to the authority— (a) accept the particulars without modification or with such modifications as the authority thinks fit, or (b) reject the particulars. (4) If the relevant enforcement authority accepts the particulars of work without modification, the authority must as soon as possible order the owner to carry out that work. (5) If the relevant enforcement authority accepts the particulars of work with modifications or rejects the particulars, or if an owner fails to submit particulars of work as required under this clause, the authority must— (a) prepare, within 3 months after the acceptance, rejection or failure, particulars of the work that the authority considers necessary to make provision for the matters specified in the order given to the owner, and (b) order the owner to carry out that work. (6) An order under this clause is not invalid merely because of the failure of the relevant enforcement authority that gave the order to accept or reject any particulars of work or prepare particulars of any work within the period required by this clause. (7) A relevant enforcement authority may recover from an owner as a debt the authority’s expenses of preparing particulars of work under this clause. (8) An order under this clause forms part of the development control order to which it relates. 2 Orders that make or are likely to make residents homeless (cf previous s 121G) (1) If a development control order will or is likely to have the effect of making a resident homeless, the relevant enforcement authority proposing to give the order must consider whether the resident is able to arrange satisfactory alternative accommodation in the locality. (2) If the resident is not able to arrange satisfactory alternative accommodation in the locality, the relevant enforcement authority must provide the resident with— (a) information as to the availability of satisfactory alternative accommodation in the locality, and (b) any other assistance that the relevant enforcement authority considers appropriate. 3 Orders affecting heritage items (cf previous s 121S) (1) This clause applies to an item of the environmental heritage— (a) to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies or to which an order under section 136 of that Act applies, or (b) that is identified as such an item in an environmental planning instrument. (2) A relevant enforcement authority must not give a development control order in respect of an item of the environmental heritage until after the authority has considered the impact of the order on the heritage significance of the item. (3) A relevant enforcement authority must not give a development control order in respect of an item of the environmental heritage to which subclause (1)(a) applies until after the authority has given notice of the proposed order to the Heritage Council and has considered any submissions duly made by the Heritage Council. (4) The Heritage Council may, by instrument in writing, exempt a relevant enforcement authority from the requirements of subclause (3), either unconditionally or subject to conditions. Any such exemption may be varied or revoked by the Heritage Council by further instrument in writing. (5) The Heritage Council may make a submission about a proposed order— (a) within 28 days after it is given notice by the relevant enforcement authority, or (b) if, within 28 days after it is given notice by the relevant enforcement authority, the Heritage Council requests that a joint inspection of the item be made, within 28 days after the joint inspection is made. (6) This clause does not apply to— (a) a general order not to demolish or cease demolishing a building if given in an emergency, or (b) a general order of a kind prescribed by the regulations, or (c) a brothel closure order. 4 Giving and taking effect of orders (cf previous ss 121N, 121U) (1) A development control order is given by serving a copy of the order on the person to whom it is addressed and takes effect from the time of service or a later time specified in the order. (2) The copy of the development control order is to be accompanied by a notice stating— (a) that the person to whom the order is addressed may appeal to the Land and Environment Court against the order, and (b) the period within which an appeal may be made. 5 Reasons for orders to be given (cf previous s 121L) (1) A relevant enforcement authority that gives a development control order must give the person to whom the order is addressed the reasons for the order. (2) The reasons may be given in the development control order or in a separate instrument. (3) The reasons must be given when the development control order is given, except in an emergency. In an emergency, the reasons may be given the next working day. Part 5 Process for giving orders 6 Natural justice requirements (cf previous s 121D) (1) Before giving a development control order, a relevant enforcement authority must comply with clauses 2, 8 and 9 and Part 7 of this Schedule. (2) Subclause (1) does not apply to the following development control orders— (a) a general order (under item 2, Part 1 of this Schedule), (b) a fire safety order (under item 2, Part 2 of this Schedule), (c) an order given, and expressed to be given, in an emergency, (d) an order given by the Minister or the Planning Secretary in connection with State significant infrastructure. Note. Part 8 of this Schedule has special provisions relating to fire safety orders and Part 9 has special provisions relating to brothel closure orders. 7 Effect of compliance (cf previous s 121E) A relevant enforcement authority that complies with clauses 2, 8 and 9 and Part 7 of this Schedule is taken to have observed the rules of procedural fairness. Part 6 Notices to be given 8 Notice to be given of proposed order to person who will be subject to order (cf previous s 121H(1)–(3)) (1) Before giving a development control order, a relevant enforcement authority must give notice to the person to whom the proposed order is directed of the following— (a) the intention to give the order, (b) the terms of the proposed order, (c) the period proposed to be specified as the period within which the order is to be complied with, (d) that the person to whom the order is proposed to be given may make representations to the relevant enforcement authority as to why the order should not be given or as to the terms of or period for compliance with the order. (2) The notice may provide that the representations are to be made to the relevant enforcement authority or a nominated person on a nominated date, being a date that is reasonable in the circumstances of the case. In the case of a council this may be to a specified committee of the council on a specified meeting date or to a specified employee of the council on or before a specified date. 9 Notice to be given to other persons and bodies of proposed order (cf previous s 121H(4)–(5)) (1) Notice to other consent authorities If a council proposes to give a development control order in relation to development for which another person is the consent authority, the council must give the other person notice of its intention to give the order. (2) Notice to principal certifier If a council proposes to give a development control order in relation to building work or subdivision work for which the council is not the certifier, the council must give the principal certifier notice of its intention to give the order. 10 Notice of fire safety orders to be given to Commissioner of Fire and Rescue NSW (cf previous s 121ZB) A relevant enforcement authority must immediately give notice to the Commissioner of Fire and Rescue NSW after giving a fire safety order. 11 Notice of giving of complete works order (cf previous s 121X) A relevant enforcement authority must, on or as soon as practicable after the day on which the authority gives a complete works order, send a copy of the order to— (a) such persons (if any) as are, in the opinion of the authority, likely to be disadvantaged by the giving of the order, and (b) such persons (if any) as are referred to in the regulations for the purposes of this clause. 12 Details of orders and notices to be given to councils (cf previous s 121ZE) (1) A relevant enforcement authority (other than a council) who gives a notice or an order under this Part must immediately give a copy of the notice or order to the council. (2) The relevant enforcement authority, if requested by the council, must immediately inform the council whether or not the notice is outstanding or the order is in force and of any action proposed to be taken by the relevant enforcement authority in relation to the notice or order. Part 7 Representations concerning proposed orders 13 Making of representations (cf previous s 121I) (1) A person who is given notice under clause 8 of the intention to give a development control order may make representations concerning the proposed order in accordance with the notice. (2) For the purpose of making the representations, the person may be represented by an Australian legal practitioner or agent. 14 Hearing and consideration of representations (cf previous s 121J) The relevant enforcement authority that intends to give the development control order or the nominated person is required to hear and to consider any representations made under this Part. 15 Procedure after hearing and consideration of representations (cf previous s 121K) (1) After hearing and considering any representations made concerning the proposed development control order, the relevant enforcement authority or the nominated person may determine— (a) to give an order in accordance with the proposed order, or (b) to give an order in accordance with modifications made to the proposed order, or (c) not to give an order. (2) If the determination is to give a development control order in accordance with modifications made to the proposed order, the relevant enforcement authority is not required to give notice under this Part of the proposed order as so modified. Part 8 Special provisions relating to fire safety orders 16 Powers of fire brigades (cf previous s 121ZC) (1) An authorised fire officer who inspects a building in accordance with section 9.32 (Fire brigades inspection powers) may give— (a) a fire safety order (under item 1) if the order does not require the carrying out of any structural work to the premises concerned, or (b) a fire safety order (under item 2) if the premises concerned are a place of shared accommodation, or (c) a fire safety order (under item 3) if a person to whom an order under paragraph (a) or (b) is given has failed to comply with the order. (2) Clauses 2, 6, 8, 9 and 31 and Part 7 of this Schedule do not apply to a development control order given in accordance with this clause in circumstances which the authorised fire officer believes constitute an emergency or a serious risk to safety. (3) For the purpose of giving such a development control order, an authorised fire officer may exercise such of the powers of a relevant enforcement authority under this Part as are specified in the fire officer’s authorisation under this clause. (4) In exercising a power under this Part, an authorised fire officer may be accompanied and assisted by a police officer. (5) An authorised fire officer must forward a copy of a development control order given in accordance with this clause to the relevant council. 17 Inspection reports by fire brigades (cf previous s 121ZD) (1) If the Commissioner of Fire and Rescue NSW carries out an inspection of a building under section 9.32 (Fire brigades inspection powers), the Commissioner must furnish to the council of the area in which the building is located— (a) a report of the inspection, and (b) if of the opinion that adequate provision for fire safety has not been made concerning the building, such recommendations as to the carrying out of work or the provision of fire safety and fire-fighting equipment as the Commissioner considers appropriate. (2) A council must— (a) table any report and recommendations it receives under this clause at the next meeting of the council, and (b) at any meeting of the council held within 28 days after receiving the report and recommendations or at the next meeting of the council held after the tabling of the report and recommendations, whichever is the later, determine whether it will exercise its powers to give a fire safety order. (3) A reference in subclause (2) to a meeting of a council does not include a reference to a special meeting of the council unless the special meeting is called for the purpose of tabling any report and recommendations or making any determination referred to in that subclause. (4) A council must give notice of a determination under this clause to the Commissioner of Fire and Rescue NSW. Part 9 Special provisions relating to brothel closure orders 18 Interpretation (cf previous s 121ZR) (1) In this Part— brothel closure order means a brothel closure order under Part 3 of this Schedule. (2) This Part has effect despite any other provision of this Schedule. Note. Failure to comply with a brothel closure order is an offence (see section 9.37). 19 Procedure relating to making of brothel closure orders (cf previous s 121ZR(2)–(4)) (1) Natural justice requirements not applicable A person who gives a brothel closure order is not required to comply with clauses 2, 8 and 9 and Part 7 of this Schedule. (2) Additional prohibitions may be included A brothel closure order may also prohibit the use of the premises for specified related sex uses, if the use of the premises for the specified uses is a prohibited development or a development for which planning approval is required but has not been obtained. (3) Additional persons to whom order may be given In addition to any other person to whom a brothel closure order may be given, a brothel closure order may be given to any person apparently in control of or managing, or assisting in the control or management of, the brothel. 20 Compliance with brothel closure orders (cf previous s 121ZR(5) and (7)) (1) Period for compliance A brothel closure order must specify a period of not less than 5 working days within which the order must be complied with. (2) Defences It is a sufficient defence to a prosecution for an offence that arises from a failure to comply with a brothel closure order if the defendant satisfies the court that— (a) in a case where the defendant is the owner of the premises, the defendant has taken all reasonable steps to evict the persons operating the brothel or using the premises for the specified related sex uses, or (b) in all cases, the defendant has taken all reasonable steps to prevent the use of the premises as a brothel or for the specified related sex uses. 21 Appeals (cf previous s 121ZR(8)) Regulations may be made for or with respect to the following matters— (a) the conferral of jurisdiction on the Local Court with respect to appeals against brothel closure orders, (b) removing the right to appeal under Part 8 of this Act if an appeal is made to the Local Court against a brothel closure order under the regulations, (c) the conferral of jurisdiction on the Land and Environment Court with respect to appeals from decisions of the Local Court on appeals against brothel closure orders, (d) the modification of provisions of the Crimes (Appeal and Review) Act 2001 for the purposes of appeals referred to in paragraph (c). Part 10 Modification and revocation of orders 22 Modification of orders (cf previous s 121ZF) (1) A relevant enforcement authority that gives a development control order may, at any time, modify the order (including a modification of the period specified for compliance with the order). (2) Except in the case of a development control order given by the Minister or the Planning Secretary, a modification may be made only if the person to whom the order is given agrees to that modification. 23 Revocation of orders (cf previous s 121ZG) (1) A development control order given by the Minister may be revoked by the Minister at any time, and an order given by the Planning Secretary may be revoked by the Minister or the Planning Secretary at any time. (2) A development control order given by a consent authority may be revoked by the consent authority at any time. (3) A development control order given by a council may be revoked by the council at any time. (4) A development control order given by an authorised fire officer may be revoked by an authorised fire officer at any time. 24 Minister may revoke or modify a council’s order (cf previous s 121ZH) (1) The Minister may revoke or modify a development control order given by a council. (2) Notice of the revocation or modification must be given to the council and the person to whom the development control order was given. (3) The revocation or modification takes effect from the date specified in the Minister’s notice. The date may be the date on which the order was given by the council or a later date. (4) The Minister may prohibit a council from re-making a development control order that is revoked or modified under this clause, totally or within such period or except in accordance with such terms and conditions (if any) as the Minister may specify. (5) Notice of a prohibition may be given in the same notice as notice of the revocation or modification of a development control order or in a separate notice. 25 Limitation on Minister’s orders (cf previous s 121ZI) The Minister must not take any action under clause 24 that is inconsistent with, or has the effect of revoking or modifying, a development control order given by the council unless the Minister is of the opinion that— (a) it is necessary because of an emergency, or (b) it is necessary because of the existence or reasonable likelihood of a serious risk to health or safety, or (c) the order relates to a matter of State or regional significance, or (d) the order relates to a matter in which the intervention of the Minister is necessary in the public interest. Part 11 Effect of orders and compliance with orders 26 Effect of order on successors in title (cf previous s 121Y) A development control order given to a person binds any person claiming through or under or in trust for or in succession to the person or who is a subsequent owner or occupier to the person, as if the order had been given to that person. 27 Period for compliance with order (cf previous s 121M) (1) A development control order must specify a reasonable period within which the terms of the order are to be complied with. (2) However, a development control order may require immediate compliance with its terms in circumstances which the person who gives the order believes constitute a serious risk to health or safety or an emergency. 28 Continuing effect of orders (cf previous s 121ZQ) (1) A development control order that specifies a time by which, or period within which, the order must be complied with continues to have effect until the order is complied with even though the time has passed or the period has expired. (2) This clause does not apply to the extent that any requirement under a development control order is revoked. 29 Development consent or approval not required to comply with order (cf previous s 121O) A person who carries out work in compliance with a requirement of a development control order does not have to make an application under this Act for consent or approval to carry out the work. 30 Compliance with order under clause 1(2) (cf previous s 121Q) A person complies with a requirement of an order under clause 1(2) by submitting to the relevant enforcement authority that gives the order such matters as the person would be required to submit if applying to a consent authority for development consent to carry out the work. 31 Compliance with orders by occupiers or managers (cf previous s 121Z) If an occupier or manager complies with a development control order, the occupier or manager may (unless the occupier or manager has otherwise agreed)— (a) deduct the cost of so complying (together with interest at the rate currently prescribed by the Supreme Court rules in respect of unpaid judgment debts) from any rent payable to the owner, or (b) recover the cost (and that interest) from the owner as a debt in any court of competent jurisdiction. 32 Occupier of land may be required to permit owner to carry out work (cf previous s 121ZA) (1) A relevant enforcement authority that gives a development control order may order the occupier of any land to permit the owner of the land to carry out specified work on the land, being work that is, in the relevant authority’s opinion, necessary to enable the requirements of this Act or the regulations or of any development control order to be complied with. (2) An occupier of land on whom such an order is served must, within 2 days after the order is served, permit the owner to carry out the work specified in the order. (3) If an order under this clause is in force, the owner of the land concerned is not guilty of an offence arising from his or her failure to comply with the requirements of this Act or the regulations, or of any development control order, that is caused by the occupier of the land refusing to permit the owner to carry out the work specified in the order. (4) Subclause (3) applies only if the owner of the land satisfies the Court that the owner has, in good faith, tried to comply with the requirements concerned. 33 Failure to comply with order—carrying out of work by consent authority (cf previous s 121ZJ(1)(10–(12)) (1) A relevant enforcement authority that gives a development control order may do all such things as are necessary or convenient to give effect to the terms of the order (including the carrying out of any work required by the order) if the person to whom the order was given fails to comply with the terms of the order. (2) The relevant enforcement authority may exercise the relevant authority’s functions under this clause irrespective of whether the person required to comply with the order has been prosecuted for an offence against this Act. (3) In any proceedings before the Land and Environment Court that are brought by a relevant enforcement authority that gave a development control order to a person as a result of the person’s failure to comply with the order, the Court may, at any stage of the proceedings, order the relevant enforcement authority to exercise the authority’s functions under this clause. Having made such an order, the Court may continue to hear and determine the proceedings or may dismiss the proceedings. (4) If the Minister or the Planning Secretary gave the development control order, the Minister’s or Planning Secretary’s functions under this clause may be exercised by the Planning Ministerial Corporation. 34 Recovery of expenses by relevant enforcement authority for carrying out work (cf previous s 121ZJ(7)) (1) If a relevant enforcement authority takes action under clause 33 to give effect to a development control order by demolishing a building, the authority may remove any materials concerned. (2) The relevant enforcement authority may sell those materials but only if the relevant authority’s expenses in giving effect to the terms of the development control order are not paid to the authority within 14 days after removal of the materials. (3) If the proceeds of such a sale exceed the expenses incurred by the relevant enforcement authority in relation to the demolition and the sale, the relevant authority— (a) may deduct out of the proceeds of the sale an amount equal to those expenses, and (b) must pay the surplus to the owner on demand. (4) If the proceeds of sale do not exceed those expenses, the relevant enforcement authority— (a) may retain the proceeds, and (b) may recover the deficiency (if any) together with the authority’s costs of recovery from the owner as a debt. (5) Materials removed that are not saleable may be destroyed or otherwise disposed of. (6) A relevant enforcement authority that carries out work under clause 33 in relation to development for which an amount of security has been provided to the authority— (a) may be recompensed for the work from the security if the security is more than the costs of carrying out the work, and (b) must pay any surplus remaining to the person entitled to it on demand. (7) Any expenses incurred under this clause by a relevant enforcement authority that gave a development control order, together with all associated costs, may be recovered by the authority in any court of competent jurisdiction as a debt due to the authority by the person required to comply with the order. (8) The expenses are to be reduced by the amount of any proceeds of any sale under this clause or the amount of any security provided in respect of development to which the order relates. (9) Nothing in this clause affects the owner’s right to recover any amount from any lessee or other person liable for the expenses concerned. (10) The recovery of costs and expenses by a relevant enforcement authority under this clause does not include the costs and expenses of court proceedings, but nothing in this clause prevents the authority from receiving costs as between party and party in respect of those proceedings. 35 Enforcement of orders by cessation of utilities (cf previous s 121ZS) (1) This clause applies in relation to a failure to comply with any of the following development control orders— (a) a brothel closure order, (b) a stop use order in respect of such classes of residential, tourist or other development as are prescribed by the regulations. (2) In this clause, the Court means the Land and Environment Court and, in relation to a brothel closure order, includes the Local Court. (3) If a person fails to comply with a development control order to which this clause applies, the Court may, on the application of the person who gave the order, make an order (a utilities order ) directing that a provider of water, electricity or gas to the premises concerned cease to provide those services. (4) A utilities order is not to be made in respect of a failure to comply with a development control order that is a stop use order unless the Court is satisfied that the failure has caused or is likely to cause a significant adverse impact on health, safety or public amenity. (5) A utilities order may apply to the whole or part of the premises. (6) A utilities order ceases to have effect on the date specified in the utilities order, or 3 months after the order is made, whichever occurs first. (7) An application for a utilities order must not be made unless not less than 7 days notice of the proposed application is given to the following persons— (a) any person to whom the development control order was given, (b) any provider of water, electricity or gas to the premises who is affected by the application, (c) any owner or occupier of the premises. (8) An owner or occupier of premises, or a provider of water, electricity or gas to premises, who is affected by an application for a utilities order is entitled to be heard and represented in proceedings for the order. (9) In determining whether to make a utilities order, the Court is to take into consideration the following matters— (a) the effects of the failure to comply with the development control order, (b) the uses of the premises, (c) the impact of the order on the owner, occupier or other users of the premises, (d) whether health, safety or public amenity will be adversely affected by the order, (e) any other matter the Court thinks appropriate. (10) A utilities order must not be made for premises, or any part of premises, used for residential purposes unless the regulations authorise the making of a utilities order. (11) A provider of water, electricity or gas must comply with a utilities order, despite any other law or agreement or arrangement applying to the provision of water, electricity or gas to the premises, or part of the premises, concerned. (12) No compensation is payable to any person for any damage or other loss suffered by that person because of the making or operation of a utilities order or this clause. (13) A provider of water, electricity or gas must not, during a period that a utilities order is in force in relation to premises, or part of premises, require payment for the provision of water, electricity or gas services to the premises or part of the premises (other than services related to the implementation of the order). (14) The Court may make a utilities order when it determines an appeal against a development control order, if subclauses (7) and (8) have been complied with. 36 Special provision relating to tourist parks, residential parks and camping grounds Any order that may be given to a person under this Schedule to do or refrain from doing a thing in relation to a premises or building in a tourist park, residential park or camping ground may also be given to a person apparently in charge of or managing the tourist park, residential park or camping ground who has authority to do or refrain from doing the thing. Part 12 Compliance cost notices 37 Compliance cost notices (cf previous s 121CA) (1) A relevant enforcement authority that gives a development control order to a person may also serve a compliance cost notice on the person. (2) A compliance cost notice is a notice in writing requiring the person on whom it is served to pay all or any reasonable costs and expenses incurred by the relevant enforcement authority in connection with— (a) monitoring action under the development control order, and (b) ensuring that the development control order is complied with, and (c) any costs or expenses relating to an investigation that leads to the giving of the development control order, and (d) any costs or expenses relating to the preparation or serving of the notice of the intention to give the development control order, and (e) any other matters associated with the development control order. (3) A compliance cost notice is to specify the amount required to be paid and a reasonable period within which the amount is to be paid or, if the regulations prescribe the period to be allowed for payment, that period. (4) The relevant enforcement authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction. (5) If the person on whom a compliance cost notice is served complies with the notice but was not the person who was responsible for the situation giving rise to the issue of the notice, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who was responsible. (6) The regulations may make provision for or with respect to the following— (a) the issue of compliance cost notices, (b) the form of compliance cost notices, (c) limiting the amounts that may be required to be paid under compliance cost notices or the matters in respect of which costs and expenses may be required to be paid under those notices. Part 13 Miscellaneous 38 Combined orders (cf previous s 121T) A person who gives a development control order may include 2 or more orders in the same instrument. 39 Orders may be given to 2 or more persons jointly (cf previous s 121V) If appropriate in the circumstances of the case, a development control order may direct 2 or more people to do the thing specified in the order jointly. 40 Notice in respect of land or building owned or occupied by more than one person (cf previous s 121W) (1) If land, including land on which a building is erected, is owned or occupied by more than one person— (a) a development control order in respect of the land or building is not invalid merely because it was not given to all of those owners or occupiers, and (b) any of those owners or occupiers may comply with such a development control order without affecting the liability of the other owners or occupiers to pay for or contribute towards the cost of complying with the order. (2) Nothing in this Part affects the right of an owner or occupier to recover from any other person all or any of the expenses incurred by the owner or occupier in complying with such a development control order. 41 Application of Local Government Act 1993 certificate provision Section 735A of the Local Government Act 1993 applies to orders and notices under this Schedule in the same way as it applies to notices under that Act. sch 5: Ins 2017 No 60, Sch 9.1 [3]. Am 2016 No 20, Sch 4.1 [7] [8] [11]–[13]; 2018 No 25, Sch 4 [52]–[54]; 2018 (500), Sch 1 [2].

General orders Column 1 Column 2 Column 3 To do what? When? To whom? 1 Stop Use Order To stop using premises or a building Not to conduct or to stop conducting an activity on the premises Premises are being used— • for a prohibited purpose, or • for a purpose for which a planning approval is required but has not been obtained, or • in contravention of a planning approval. Building is being used— • inconsistently with its classification under this Act or the Local Government Act 1993 , and • in a manner that constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety, and • in a manner that is not regulated or controlled under any other Act by a public authority. Premises are being used for an activity (that would or would be likely to require planning approval) that— • constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety, and • is not regulated or controlled under any other Act by a public authority. • The owner of premises or building • The person using the premises or building 2 Stop Work Order To stop building work or subdivision work carried out in contravention of this Act Building work or subdivision work is carried out— • in contravention of this Act, or • in a manner that would affect the support of adjoining premises. • Owner of the land • Any person apparently engaged in the work 3 Demolish Works Order To demolish or remove a building A building— • requiring a planning approval is erected without approval, or • requiring approval under the Local Government Act 1993 is erected without approval, or • is or is likely to become a danger to the public, or • is so dilapidated that it is prejudicial to persons or property in the neighbourhood, or • is erected in contravention of this Act. Owner of building or, if the building is situated wholly or partly in a public place, the person who erected the building 4 Stop Demolition Order To stop demolishing, or not to demolish, a building Demolition requiring a planning approval is being carried out, or would be carried out, without approval or in contravention of an approval. • The owner of premises • The person carrying out the demolition or likely to carry out the demolition 5 Repair Order To repair or make structural alterations to a building The building is or is likely to become a danger to the public or is so dilapidated that it is prejudicial to the occupants, persons or property in the neighbourhood. Owner of building 6 Remove Advertising Order To modify, demolish or remove an advertisement and any associated structure The advertisement is— • unsightly, objectionable or injurious to the amenity of any natural landscape, foreshore, public reserve or public place at or near where the advertisement is displayed, or • displayed contrary to a provision made by or under this Act, or • associated with a structure erected contrary to a provision made by or under this Act. • The owner of premises displaying the advertisement or on which the associated structure is erected • The person responsible for the display of the advertisement and erection of the associated structure 7 Public Safety Order To erect or install structures or appliances necessary for public safety A building— • is about to be erected, or • is dangerous to persons or property on or in a public place, or • is about to be demolished. Works are— • about to be carried out, or • about to be demolished. The owner or occupier of the land 8 Evacuate Premises Order To stop using premises or to evacuate premises A person who has failed to comply with a Stop Use Order issued because the use constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety. The person to whom the Stop Use Order was given 9 Exclusion Order To leave premises or not to enter premises A person who has failed to comply with a Stop Use Order issued because the use constitutes or is likely to constitute a life threatening hazard or a threat to public health or public safety. Any person 10 Restore Works Order To restore premises to the condition in which they were before unlawful building or other works occurred An unauthorised building has been the subject of a Demolish Works Order or unauthorised works have been carried out. • The owner of the premises • Any person entitled to act on a planning approval or acting in contravention of a planning approval • In relation to work unlawfully carried out that was the deposit of material in a public place, the person responsible for unlawfully depositing material in a public place 11 Compliance Order To comply with a planning approval for the carrying out of works A planning approval has not been complied with. • The owner of the premises • Any person entitled to act on a planning approval, or acting in contravention of a planning approval To do whatever is necessary so that any building or part of a building that has been unlawfully erected complies with relevant development standards Building has been unlawfully erected and does not comply with relevant development standards. The owner of the premises To carry out works associated with subdivision Authorised subdivision works, or works agreed to by the applicant, have not been carried out. The person required to carry out the works 12 Repair or Remove Works Order To repair or remove a building in a public place The building is unlawfully situated wholly or partly in a public place. Owner or occupier of the building or the person who erected the building 13 Complete Works Order To complete authorised works under a planning approval within a specified time The authorised works have commenced, but have not been completed, before the planning approval would (but for the commencement of the works) have lapsed. The owner of the relevant land 14 Remedy or Restrain Breach Order To do or refrain from doing any act to remedy or restrain a breach of Division 5.2 (or an approval under that Division) or a breach of a consent for State significant development The breach has occurred, is occurring or is likely to occur The person who caused, is causing or is likely to cause the breach, or the person entitled to act on the approval or consent 15 Stop Coastal Activities Order To cease carrying out or conducting an activity on a beach, dune or foreshore (within the meaning of those terms in the Coastal Management Act 2016 ), whether or not the activity is subject to a development consent The activity is being carried out in contravention of this Act Any person apparently engaged in promoting, conducting or carrying out the activity