Changes commencing March 13th, 2026
Comparing the consolidation as at December 15th, 2025 with March 13th, 2026 · 19 changes
From: 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2024 (Act 2024 No 76)
Special provisions Part 1 Playing and performing music 1 Modifications involving playing and performing music (1) A council for a local government area may, by notice published on the council’s website, modify development consents for licensed premises by declaring that all conditions of the development consents that are live entertainment conditions do not apply— (a) in the local government area, or (b) in a suburb in the local government area, or (c) to a specified use of land in the local government area or a suburb. (2) Before publishing a notice under subclause (1), the council must— (a) publish on the council’s website, and in other ways the council considers appropriate, a notice that— (i) states the council proposes to modify the development consent, and (ii) gives details of the conditions that will be affected by the modification, and (iii) invites submissions from the community about the proposed modification within the period, not less than 14 days after the day the notice is published, stated in the notice, and (b) consider any submissions received in accordance with the notice and the impact of the proposed modification on the community. (3) The notice is taken to have effect on the day the notice is published, or a later date specified by the notice. (4) A condition to which the notice relates ceases to have effect from the time the notice takes effect. (5) Section 4.55 does not apply to a modification under this clause. (6) In this clause— live entertainment condition — (a) means a condition mentioned in the Liquor Act 2007 , Schedule 1, clause 70(1)(a)–(h), but (b) does not include a condition relating to noise. Part 2 Special provisions relating to licensed premises 2 Conditions that cease to have effect (1) The regulations may prescribe that a condition of a development consent relating to a relevant matter ceases to have effect if the matter is regulated by— (a) the Liquor Act 2007 , or (b) an instrument made under the Liquor Act 2007 , while the instrument is in force. (2) Subclause (1) may apply to— (a) specific conditions, or (b) a class of conditions. (3) In this clause— licensed premises has the same meaning as in the Liquor Act 2007 . relevant matter means— (a) noise emitted from licensed premises, or (b) the trading hours of licensed premises. Part 3 Application of vibrancy guidelines to certain applications relating to food and drink premises 3 Definitions In this part— 24-Hour Economy Commissioner means the Commissioner within the meaning of the 24-Hour Economy Commissioner Act 2023 . extended hours of operation means hours of operation that extend beyond 7pm on any night of the week. extended hours of operation application means either of the following applications made in relation to relevant food and drink premises— (a) a development application that includes a proposal for extended hours of operation, (b) an application to modify a development consent to allow extended hours of operation. food and drink premises means food and drink premises within the meaning of the standard instrument. relevant food and drink premises means food and drink premises that are— (a) not located within— (i) a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202, or (ii) an area zoned R1, R2, R3, R4 or R5 within the meaning of the standard instrument, and (b) situated on land that is 500m or more from the nearest residential accommodation within the meaning of the standard instrument. standard instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . vibrancy guidelines means guidelines about matters to be considered in determining extended hours of operation applications. 4 Vibrancy guidelines (1) The Planning Secretary may, after consultation with the 24-Hour Economy Commissioner, issue vibrancy guidelines to enable venues to operate in a way that achieves their full social, business and cultural potential, particularly as part of the night-time economy. (2) In determining an extended hours of operation application, a consent authority must have regard to the vibrancy guidelines. (3) To avoid doubt— (a) the vibrancy guidelines may provide for matters to be considered in determining extended hours of operation applications but may not require applications to be automatically approved or refused, and (b) the requirement to have regard to the vibrancy guidelines is in addition to any other requirement under this Act or another Act that applies to the extended hours of operation application. 5–7 Part 4 Validation of development consent relating to Springvale mine extension etc 8 Definitions In this Part— Springvale mine extension development consent means the development consent granted, or purported to have been granted, on 21 September 2015 with respect to State significant development application number SSD 5594 (being the development consent the subject of the proceedings in 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 ), together with any modifications of that consent granted or purported to have been granted before the commencement of the amending Act. the amending Act means the Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 . this Act includes— (a) the regulations under this Act, and (b) State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 and any other environmental planning instrument. 9 Validation of Springvale mine extension development consent (1) The Springvale mine extension development consent is validated (to the extent of any invalidity), and is taken— (a) to have been duly granted in accordance with this Act and otherwise in accordance with law, and (b) to have been duly granted on 21 September 2015, and thereafter to be, and to have been at all relevant times, a valid development consent. (2) Without limiting subclause (1), the granting of a mining lease or any other thing done or omitted to be done on or after 21 September 2015 is as valid as it would have been had the development consent concerned been in force when the mining lease was granted or the thing was done or omitted. (3) This clause has effect despite the existence of any proceedings pending in any court immediately before the commencement of the amending Act or the decision in any such proceedings or in any other proceedings instituted before that commencement. (4) If any proceedings are withdrawn or terminated (or any decision in any proceedings no longer has effect) because of the operation of the amending Act, the Treasurer may, in the absolute discretion of the Treasurer, pay to any party to those proceedings the whole or any part of any amount that the Attorney General, on application made to the Attorney General in writing by or on behalf of that party, certifies as being the costs of or incidental to the proceedings reasonably incurred by that party. This subclause does not apply to any party to the proceedings to whom or for whose benefit a development consent the subject of the proceedings was granted. 10 Other development consents not subject to challenge (1) This clause applies to any development consent granted, or purported to have been granted, before the commencement of the amending Act (other than the Springvale mine extension development consent) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applied. (2) After the commencement of the amending Act, any such development consent is not subject to challenge on the ground that it was not granted in accordance with this Act and State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 if the development consent was granted in accordance with this Act and that Policy, as amended by the amending Act. Part 5 11, 12 Part 6 Validation of development consents consequent on enactment of Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 13 Validation of certain development consents (1) Anything done or omitted to be done before the commencement of the amending Act that would have been valid but for the operation of this Act, section 4.38(4) is validated. (2) Subclause (1) does not render valid— (a) a development consent that was, before the commencement of the amending Act, declared by a court to be invalid, or (b) a development application that was lodged after, and in reliance on, a development consent referred to in paragraph (a). (3) In this clause— amending Act means the Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 . Part 7 Validation of affordable housing conditions 14 Deemed commencement of Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] (1) The Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] are taken to have commenced on 1 March 2018. (2) To avoid doubt, the imposition of a condition under section 7.32 on or after 1 March 2018 that would not have been validly imposed unless the Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] had commenced is taken to have been validly imposed. sch 8 (previously Sch 7): Renumbered 2017 No 60, Sch 10.2 [8]. Am 1979 No 203, Sch 8, cl 12; 2020 No 40, Sch 6; 2024 No 28, Sch 1[2]; 2024 No 53, Sch 4.1; 2024 No 72, Sch 1[7]; 2024 No
Based on content from the New South Wales Legislation website sourced at 2026-03-13. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
Special provisions Part 1 Playing and performing music 1 Modifications involving playing and performing music (1) A council for a local government area may, by notice published on the council’s website, modify development consents for licensed premises by declaring that all conditions of the development consents that are live entertainment conditions do not apply— (a) in the local government area, or (b) in a suburb in the local government area, or (c) to a specified use of land in the local government area or a suburb. (2) Before publishing a notice under subclause (1), the council must— (a) publish on the council’s website, and in other ways the council considers appropriate, a notice that— (i) states the council proposes to modify the development consent, and (ii) gives details of the conditions that will be affected by the modification, and (iii) invites submissions from the community about the proposed modification within the period, not less than 14 days after the day the notice is published, stated in the notice, and (b) consider any submissions received in accordance with the notice and the impact of the proposed modification on the community. (3) The notice is taken to have effect on the day the notice is published, or a later date specified by the notice. (4) A condition to which the notice relates ceases to have effect from the time the notice takes effect. (5) Section 4.55 does not apply to a modification under this clause. (6) In this clause— live entertainment condition — (a) means a condition mentioned in the Liquor Act 2007 , Schedule 1, clause 70(1)(a)–(h), but (b) does not include a condition relating to noise. 1A Removal of certain conditions of development consents (1) A condition of a development consent for licensed premises that provides for the following ceases to have effect on the commencement of this subclause— (a) the type of music that may be played on the licensed premises, including, for example— (i) the genre of music that may be played, and (ii) whether the music played must be original music or a cover of original music, (b) the number and type of instruments that may be played on the licensed premises, (c) the number of musicians that may perform on the licensed premises, (d) whether dancing occurs, (e) the presence or use of a dance floor or another area ordinarily used for dancing, (f) the direction in which a stage for players or performers faces, (g) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers. (2) If a condition of a development consent requires compliance with a plan of management and the plan of management includes a provision or requirement that provides for any of the matters referred to in subclause (1)(a)–(g) or (4), the provision or requirement of the plan of management ceases to have effect on the commencement of this subclause. (3) Subclause (1)(g) does not apply in relation to lighting used by players or performers if the licensed premises are on land to which the Dark Sky Planning Guideline applies under the regulations. (4) A condition of a development consent for licensed premises to which a hotel licence, club licence or small bar licence relates under the Liquor Act 2007 that prohibits live entertainment, including live music, ceases to have effect on the commencement of this subclause. Examples of conditions that prohibit live entertainment— • a condition of a development consent that prohibits live music or live entertainment in its entirety • a condition of a development consent that prohibits live music or live entertainment after a specified time (5) Subclauses (1) and (2) do not apply to the following conditions— (a) a condition of a development consent to carry out State significant development, (b) a condition of a complying development consent, (c) a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3. (6) Subclause (4) does not apply to the following conditions— (a) a condition of a complying development consent, (b) a condition of a development consent granted by the Minister under this Act, Part 4, Division 4.3. Part 2 Special provisions relating to licensed premises 2 Conditions that cease to have effect (1) The regulations may prescribe that a condition of a development consent relating to a relevant matter ceases to have effect if the matter is regulated by— (a) the Liquor Act 2007 , or (b) an instrument made under the Liquor Act 2007 , while the instrument is in force. (2) Subclause (1) may apply to— (a) specific conditions, or (b) a class of conditions. (3) In this clause— licensed premises has the same meaning as in the Liquor Act 2007 . relevant matter means— (a) noise emitted from licensed premises, or (b) the trading hours of licensed premises. Part 3 Application of vibrancy guidelines to certain applications relating to food and drink premises 3 Definitions In this part— 24-Hour Economy Commissioner means the Commissioner within the meaning of the 24-Hour Economy Commissioner Act 2023 . extended hours of operation means hours of operation that extend beyond 7pm on any night of the week. extended hours of operation application means either of the following applications made in relation to relevant food and drink premises— (a) a development application that includes a proposal for extended hours of operation, (b) an application to modify a development consent to allow extended hours of operation. food and drink premises means food and drink premises within the meaning of the standard instrument. relevant food and drink premises means food and drink premises that are— (a) not located within— (i) a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202, or (ii) an area zoned R1, R2, R3, R4 or R5 within the meaning of the standard instrument, and (b) situated on land that is 500m or more from the nearest residential accommodation within the meaning of the standard instrument. standard instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . vibrancy guidelines means guidelines about matters to be considered in determining extended hours of operation applications. 4 Vibrancy guidelines (1) The Planning Secretary may, after consultation with the 24-Hour Economy Commissioner, issue vibrancy guidelines to enable venues to operate in a way that achieves their full social, business and cultural potential, particularly as part of the night-time economy. (2) In determining an extended hours of operation application, a consent authority must have regard to the vibrancy guidelines. (3) To avoid doubt— (a) the vibrancy guidelines may provide for matters to be considered in determining extended hours of operation applications but may not require applications to be automatically approved or refused, and (b) the requirement to have regard to the vibrancy guidelines is in addition to any other requirement under this Act or another Act that applies to the extended hours of operation application. 5–7 Part 4 Validation of development consent relating to Springvale mine extension etc 8 Definitions In this Part— Springvale mine extension development consent means the development consent granted, or purported to have been granted, on 21 September 2015 with respect to State significant development application number SSD 5594 (being the development consent the subject of the proceedings in 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 ), together with any modifications of that consent granted or purported to have been granted before the commencement of the amending Act. the amending Act means the Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 . this Act includes— (a) the regulations under this Act, and (b) State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 and any other environmental planning instrument. 9 Validation of Springvale mine extension development consent (1) The Springvale mine extension development consent is validated (to the extent of any invalidity), and is taken— (a) to have been duly granted in accordance with this Act and otherwise in accordance with law, and (b) to have been duly granted on 21 September 2015, and thereafter to be, and to have been at all relevant times, a valid development consent. (2) Without limiting subclause (1), the granting of a mining lease or any other thing done or omitted to be done on or after 21 September 2015 is as valid as it would have been had the development consent concerned been in force when the mining lease was granted or the thing was done or omitted. (3) This clause has effect despite the existence of any proceedings pending in any court immediately before the commencement of the amending Act or the decision in any such proceedings or in any other proceedings instituted before that commencement. (4) If any proceedings are withdrawn or terminated (or any decision in any proceedings no longer has effect) because of the operation of the amending Act, the Treasurer may, in the absolute discretion of the Treasurer, pay to any party to those proceedings the whole or any part of any amount that the Attorney General, on application made to the Attorney General in writing by or on behalf of that party, certifies as being the costs of or incidental to the proceedings reasonably incurred by that party. This subclause does not apply to any party to the proceedings to whom or for whose benefit a development consent the subject of the proceedings was granted. 10 Other development consents not subject to challenge (1) This clause applies to any development consent granted, or purported to have been granted, before the commencement of the amending Act (other than the Springvale mine extension development consent) to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applied. (2) After the commencement of the amending Act, any such development consent is not subject to challenge on the ground that it was not granted in accordance with this Act and State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 if the development consent was granted in accordance with this Act and that Policy, as amended by the amending Act. Part 5 11, 12 Part 6 Validation of development consents consequent on enactment of Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 13 Validation of certain development consents (1) Anything done or omitted to be done before the commencement of the amending Act that would have been valid but for the operation of this Act, section 4.38(4) is validated. (2) Subclause (1) does not render valid— (a) a development consent that was, before the commencement of the amending Act, declared by a court to be invalid, or (b) a development application that was lodged after, and in reliance on, a development consent referred to in paragraph (a). (3) In this clause— amending Act means the Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 . Part 7 Validation of affordable housing conditions 14 Deemed commencement of Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] (1) The Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] are taken to have commenced on 1 March 2018. (2) To avoid doubt, the imposition of a condition under section 7.32 on or after 1 March 2018 that would not have been validly imposed unless the Environmental Planning and Assessment Amendment Act 2025 , Schedule 1[37] and [38] had commenced is taken to have been validly imposed. sch 8 (previously Sch 7): Renumbered 2017 No 60, Sch 10.2 [8]. Am 1979 No 203, Sch 8, cl 12; 2020 No 40, Sch 6; 2024 No 28, Sch 1[2]; 2024 No 53, Sch 4.1; 2024 No 72, Sch 1[7]; 2024 No 76, Sch 5.1 (am 2025 No 73, Sch 3.1); 2024 No 91, Sch 1[2]; 2025 No 24, Sch 1[8].