Changes commencing March 21st, 2026
Comparing the consolidation as at March 13th, 2026 with March 21st, 2026 · 82 changes
From: Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 (Act 2025 No 71)
Does not include amendments by—
Environmental Planning and Assessment Amendment Act 2025 No 24 , Sch 1[1] [3]–[25] [35] [42] [45] and [47] (not commenced) Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 No 71 , Sch 1[2], except to the extent it inserts definitions of Development Coordination Authority and Housing Delivery Authority , [3] [4] [6]–[8] [10]–[15] [17]–[19] [25]–[39] [43]–[48] [50]–[55] [59] [61] [62] [64], except to the extent it inserts sec 4.15(1A) and (1B), [65] [67]–[76] [78] [84]–[94] [96]–[107] [113] [114] [119]–[148] [151] [152] [154]–[160] [162]–[169] [171]–[177] [180]–[183] [185] [187] and [188] (not commenced — Sch 1[2], to the extent it inserts the definition of targeted assessment development , [64], to the extent it inserts sec 4.15(1C) and (1D), [69] [84] [96]–[98] [102] [103] [105]–[107] [113] [114] [119] [123]–[125] [129]–[133] and [156] to commence on 21.3.2026)
Based on content from the New South Wales Legislation website sourced at 2026-03-21. 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.
Does not include amendments by— Environmental Planning and Assessment Amendment Act 2025 No 24 , Sch 1[1] [3]–[25] [35] [42] [45] and [47] (not commenced) Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 No 71 , Sch 1[3] [4] [6]–[8] [10]–[15] [17]–[19] [25]–[39] [43]–[48] [50]–[55] [59] [61] [62] [65] [67] [68] [70]–[76] [78] [85]–[94] [99]–[101] [104] [120]–[122] [126]–[128] [134]–[148] [151] [152] [154] [155] [157]–[160] [162]–[169] [171]–[177] [180]–[183] [185] [187] and [188] (not commenced)
See also—
Environmental Planning and Assessment Amendment (60 Day Deemed Approval) Bill 2025 [Non-government Bill— the Hon John Ruddick, MLC] Environmental Planning and Assessment Amendment (Bushfire Protection) Bill 2025 [Non-government Bill— Mr M J Regan, MP] Energy and Other Legislation Amendment (Renewable Energy Infrastructure) Bill 2026 [Non-government Bill— Mr J H Griffin, MP]
See also— Environmental Planning and Assessment Amendment (60 Day Deemed Approval) Bill 2025 [Non-government Bill— the Hon John Ruddick, MLC] Building (Approvals and Practitioners) Bill 2026 Energy Legislation Amendment (Prioritising Renewable Energy) Bill 2026 Statute Law (Miscellaneous Provisions) Bill 2026 Energy and Other Legislation Amendment (Renewable Energy Infrastructure) Bill 2026 (No 2) [Non-government Bill— Mr J H Griffin, MP]
(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 Coordination Authority —see Division 2.3B. 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. Housing Delivery Authority means the corporation constituted under Division 2.3A. 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.planning.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.
(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 Coordination Authority —see Division 2.3B. 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. Housing Delivery Authority means the corporation constituted under Division 2.3A. 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.planning.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.
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. s 4.5: 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, (c1) notifying persons about a development application if required under an environmental planning instrument, (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. s 4.6: Ins 2017 No 60, Sch 4.1 [4]. Am 2025 No 71, Sch 1[49]. 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. s 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. (10) The Planning Secretary may, by notice published on the NSW planning portal, specify the form and content of documents 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]; 2025 No 71, Sch 1[56]. 4.13 Notification, 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 notify, consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, notify, 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 notification, 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; 2025 No 71, Sch 1[57] [58] [60]. 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 significant 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. (1A) The regulations may, for the purpose of the consideration of a matter referred to in subsection (1)(b), (c) or (e), declare— (a) factors that are of relevance to development the subject of the development application, and (b) factors that are not of relevance to development the subject of the development application. (1B) Despite subsection (1), a consent authority, in determining a development application, must not take into consideration a factor the subject of a declaration under subsection (1A)(b). (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]; 2025 No 71, Sch 1[63] [64]. 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 (a1) it relates to a likely impact of 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]; 2025 No 71, Sch 1[66]. 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 planning panel , for development, means the following panel for the part of the State in which the development is to be carried out— (a) the regional planning panel, (b) if there is no regional planning panel—the local planning panel. 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]; 2025 No 71, Sch 1[77]. 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 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 planning panel. (2B) Subsection (2A) does not apply if no applicable planning panel is constituted for the part of the State in which the development is to be carried out. (3) An applicable 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 an applicable planning panel in determining a Crown development application is taken for all purposes to be the decision of the council. (5) If an applicable 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 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 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]; 2025 No 71, Sch 1[79]–[81]. 4.34 Directions by Minister (cf previous s 89A) (1) On a referral being made by a consent authority or an applicable 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]; 2025 No 71, Sch 1[82]. 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. s 4.39 (previously s 89G): Renumbered 2017 No 60, Sch 4.2 [1]. 4.40 Application of Part 4 to State significant development This part applies, subject to this division, to the determination of the development application. s 4.40 (previously s 89H): Renumbered 2017 No 60, Sch 4.2 [1]. Subst 2025 No 71, Sch 1[83]. 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 (1) A development consent lapses 5 years after the date from which it operates. (2) However, a consent authority may reduce the period of 5 years in granting development consent. (3) Subsection (2) does not— (a) apply to a 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 of a period 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 of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent. (4) Development consent does not lapse for the following 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— (a) the erection of a building, (b) the subdivision of land, (c) the carrying out of a work. (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 the consent is actually commenced before the date on which the consent would otherwise lapse. (6) Despite another provision of this section, a development consent 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 5 years from the grant of the consent or, if a shorter period is specified by the consent authority, within the shorter specified period. (7) The regulations may set out the circumstances in which work is or is not taken to be physically commenced for the purposes of this section. s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Subst 2025 No 71, Sch 1[95]. 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— (i) the provisions of a proposed environmental planning instrument, or (ii) the provisions of an existing environmental planning instrument, but only in relation to a development consent granted at least the prescribed period before the Planning Secretary proposes to exercise a function under this section, 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 a 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]; 2025 No 71, Sch 1[108]. 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 or applications for complying development certificates 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 notification of or 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]; 2025 No 71, Sch 1[109] [110]. 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) s 4.66 (previously s 107): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]; 2025 No 71, Sch 1[111]. 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) s 4.68 (previously s 109): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]; 2025 No 71, Sch 1[112]. 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].
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. s 4.5: 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, (c1) notifying persons about a development application if required under an environmental planning instrument, (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. s 4.6: Ins 2017 No 60, Sch 4.1 [4]. Am 2025 No 71, Sch 1[49]. 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. s 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. (10) The Planning Secretary may, by notice published on the NSW planning portal, specify the form and content of documents 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]; 2025 No 71, Sch 1[56]. 4.13 Notification, 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 notify, consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, notify, 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 notification, 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; 2025 No 71, Sch 1[57] [58] [60]. 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 significant 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. (1A) The regulations may, for the purpose of the consideration of a matter referred to in subsection (1)(b), (c) or (e), declare— (a) factors that are of relevance to development the subject of the development application, and (b) factors that are not of relevance to development the subject of the development application. (1B) Despite subsection (1), a consent authority, in determining a development application, must not take into consideration a factor the subject of a declaration under subsection (1A)(b). (
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. (10) The Planning Secretary may, by notice published on the NSW planning portal, specify the form and content of documents 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]; 2025 No 71, Sch 1[56]. 4.13 Notification, 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 notify, consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, notify, 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 notification, 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; 2025 No 71, Sch 1[57] [58] [60]. 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 significant 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. (1A) The regulations may, for the purpose of the consideration of a matter referred to in subsection (1)(b), (c) or (e), declare— (a) factors that are of relevance to development the subject of the development application, and (b) factors that are not of relevance to development the subject of the development application. (1B) Despite subsection (1), a consent authority, in determining a development application, must not take into consideration a factor the subject of a declaration under subsection (1A)(b). (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]; 2025 No 71, Sch 1[63] [64]. 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 (a1) it relates to a likely impact of 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]; 2025 No 71, Sch 1[66]. 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].
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. (10) The Planning Secretary may, by notice published on the NSW planning portal, specify the form and content of documents 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]; 2025 No 71, Sch 1[56]. 4.13 Notification, 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 notify, consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, notify, 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 notification, 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; 2025 No 71, Sch 1[57] [58] [60]. 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 significant 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. (1A) The regulations may, for the purpose of the consideration of a matter referred to in subsection (1)(b), (c) or (e), declare— (a) factors that are of relevance to development the subject of the development application, and (b) factors that are not of relevance to development the subject of the development application. (1B) Despite subsection (1), a consent authority, in determining a development application, must not take into consideration a factor the subject of a declaration under subsection (1A)(b). (
— Not present in the earlier version —
(1C) In determining a development application for targeted assessment development, a consent authority must take into consideration only the matters referred to in subsection (1)(a) and (d) as are of relevance to the development the subject of the development application.
— Not present in the earlier version —
(1D) To avoid doubt, for subsection (1C), a consent authority, in determining a development application for targeted assessment development, must not take into consideration a matter referred to in subsection (1)(b), (c) or (e).
— Not present in the earlier version —
div 4.3A: Ins 2025 No 71, Sch 1[69]. 4.20A Declaration of targeted assessment development (1) A State environmental planning policy may declare development, or a class of development, to be targeted assessment development. (2) For subsection (1), a State environmental planning policy may specify criteria that development, or a class of development, must meet to be targeted assessment development. (3) Before recommending the making of a State environmental planning policy by the Governor under this section, the Minister must take steps— (a) to publicise an explanation of the intended effect of the proposed policy, and (b) to invite the public to make written submissions to the Minister on the proposed policy within a specified period after the date on which the explanation was published, being a period of not less than 28 days, and (c) to consider the written submissions received by the Minister within the specified period. (4) Development, or a class of development, declared to be targeted assessment development may also be another type of development under this part. (5) Despite subsection (1), a State environmental planning policy must not declare the following development to be targeted assessment development— (a) development that is designated development, (b) development that would be designated development if section 4.10(2) did not apply. s 4.20A: Ins 2025 No 71, Sch 1[69]. 4.20B This division prevails The provisions of this division and other provisions of or made under this Act relating to targeted assessment development prevail to the extent of an inconsistency with other provisions of or made under this Act relating to development to which this part applies. s 4.20B: Ins 2025 No 71, Sch 1[69].
— Not present in the earlier version —
s 4.20A: Ins 2025 No 71, Sch 1[69].
— Not present in the earlier version —
(1) A State environmental planning policy may declare development, or a class of development, to be targeted assessment development.
— Not present in the earlier version —
(2) For subsection (1), a State environmental planning policy may specify criteria that development, or a class of development, must meet to be targeted assessment development.
— Not present in the earlier version —
(3) Before recommending the making of a State environmental planning policy by the Governor under this section, the Minister must take steps— (a) to publicise an explanation of the intended effect of the proposed policy, and (b) to invite the public to make written submissions to the Minister on the proposed policy within a specified period after the date on which the explanation was published, being a period of not less than 28 days, and (c) to consider the written submissions received by the Minister within the specified period.
— Not present in the earlier version —
(4) Development, or a class of development, declared to be targeted assessment development may also be another type of development under this part.
— Not present in the earlier version —
(5) Despite subsection (1), a State environmental planning policy must not declare the following development to be targeted assessment development— (a) development that is designated development, (b) development that would be designated development if section 4.10(2) did not apply.
— Not present in the earlier version —
The provisions of this division and other provisions of or made under this Act relating to targeted assessment development prevail to the extent of an inconsistency with other provisions of or made under this Act relating to development to which this part applies. s 4.20B: Ins 2025 No 71, Sch 1[69].
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. s 4.39 (previously s 89G): Renumbered 2017 No 60, Sch 4.2 [1]. 4.40 Application of Part 4 to State significant development This part applies, subject to this division, to the determination of the development application. s 4.40 (previously s 89H): Renumbered 2017 No 60, Sch 4.2 [1]. Subst 2025 No 71, Sch 1[83]. 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].
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. s 4.39 (previously s 89G): Renumbered 2017 No 60, Sch 4.2 [1]. 4.40 Application of Part 4 to State significant development This part applies, subject to this division, to the determination of the development application. s 4.40 (previously s 89H): Renumbered 2017 No 60, Sch 4.2 [1]. Subst 2025 No 71, Sch 1[83]. 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)
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].
This Division prevails (cf previous s 89L) s 4.43 (previously s 89L): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 71, Sch 1[84].
— Not present in the earlier version —
(1) 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.
— Not present in the earlier version —
(2) Subsection (1) does not apply to other provisions of or made under this Act relating to targeted assessment development.
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 (1) A development consent lapses 5 years after the date from which it operates. (2) However, a consent authority may reduce the period of 5 years in granting development consent. (3) Subsection (2) does not— (a) apply to a 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 of a period 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 of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent. (4) Development consent does not lapse for the following 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— (a) the erection of a building, (b) the subdivision of land, (c) the carrying out of a work. (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 the consent is actually commenced before the date on which the consent would otherwise lapse. (6) Despite another provision of this section, a development consent 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 5 years from the grant of the consent or, if a shorter period is specified by the consent authority, within the shorter specified period. (7) The regulations may set out the circumstances in which work is or is not taken to be physically commenced for the purposes of this section. s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Subst 2025 No 71, Sch 1[95]. 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— (i) the provisions of a proposed environmental planning instrument, or (ii) the provisions of an existing environmental planning instrument, but only in relation to a development consent granted at least the prescribed period before the Planning Secretary proposes to exercise a function under this section, 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 a 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]; 2025 No 71, Sch 1[108].
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 (1) A development consent lapses 5 years after the date from which it operates. (2) However, a consent authority may reduce the period of 5 years in granting development consent. (3) Subsection (2) does not— (a) apply to a 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 of a period 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 of a kind prescribed by the regulations to lapse within the period prescribed by the regulations in relation to the consent. (4) Development consent does not lapse for the following 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— (a) the erection of a building, (b) the subdivision of land, (c) the carrying out of a work. (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 the consent is actually commenced before the date on which the consent would otherwise lapse. (6) Despite another provision of this section, a development consent 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 5 years from the grant of the consent or, if a shorter period is specified by the consent authority, within the shorter specified period. (7) The regulations may set out the circumstances in which work is or is not taken to be physically commenced for the purposes of this section. s 4.53 (previously s 95): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Subst 2025 No 71, Sch 1[95]. 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
Modification of consents—generally s 4.55 (previously s 96): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32].
Modification of consents—generally s 4.55 (previously s 96): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]; 2025 No 71, Sch 1[96]–[98] [102] [103] [105].
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.
Modifications involving minor error, misdescription or miscalculations or of no environmental impact A consent authority may, on application by the applicant or another 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— (a) to correct a minor error, misdescription or miscalculation, or (b) if satisfied the proposed modification has no environmental impact.
— Not present in the earlier version —
(1AA) Subsections (1A), (2), (3) and (6) and Part 8 do not apply to a modification under subsection (1). Note— The Mining Act 1992 , section 380AA provides that an application for a modification of development consent to mine for coal may only be made by or with the consent of the holder of an authority under that Act in relation to coal and the land concerned.
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.
Modifications involving 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 has 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.
(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.
(3) In determining an application for a modification of a consent under this section, the consent authority must take the following into consideration— (a) the matters referred to in section 4.15(1), but only so far as the matters are of relevance to the application, (b) the reasons given by the consent authority for the grant of the consent sought to be modified, but only so far as the reasons are of relevance to the application.
— Not present in the earlier version —
(3A) Section 4.15(1C) extends to an application for a modification under this section of a consent for targeted assessment development. Note— Section 4.15(1C) provides that a consent authority, in determining a development application for targeted assessment development, must take into consideration only the matters referred to in section 4.15(1)(a) and (d) as are of relevance to the development.
(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.
(5) To avoid doubt, a consent authority is not prevented from modifying a consent under subsection (1), (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.
— Not present in the earlier version —
s 4.55A: Ins 2025 No 71, Sch 1[106].
— Not present in the earlier version —
(1) This section applies to an application made under section 4.55(1).
— Not present in the earlier version —
(2) The consent authority must determine the application within the period after lodgement prescribed by the regulations (the prescribed period ).
— Not present in the earlier version —
(3) If the consent authority has not determined the application within the prescribed period, the consent authority, after the expiry of the prescribed period— (a) must, as soon as practicable, determine the application, and (b) must not refuse the application.
— Not present in the earlier version —
(4) Subsection (3)(b) does not prevent the consent authority from imposing a condition on the modified development consent.
— Not present in the earlier version —
(5) A condition on the modified development consent by the consent authority— (a) must relate only to the modification application, and (b) must not defeat the purpose of the modification application.
— Not present in the earlier version —
(6) Despite subsection (3)(b), the consent authority must refuse an application to modify a condition about a housing and productivity contribution imposed under section 7.28, unless the modification has been approved by the Minister under section 7.28(6).
— Not present in the earlier version —
(7) The regulations may make further provision about the determination of applications referred to in this section, including the following— (a) conditions that may or may not be imposed on the modified consent, (b) the procedures for dealing with an application.
Modification by consent authorities of consents granted by the Court s 4.56 (previously s 96AA): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34].
Modification by consent authorities of consents granted by the Court s 4.56 (previously s 96AA): Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]; 2025 No 71, Sch 1[107].
(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.
(1A) In determining an application for a modification of a consent under this section, the consent authority must take the following into consideration— (a) the matters referred to in section 4.15(1), but only so far as the matters are of relevance to the application, (b) the reasons given by the consent authority for the grant of the consent sought to be modified, but only so far as the reasons are of relevance to the application.
— Not present in the earlier version —
(1AA) Section 4.15(1C) extends to an application for a modification under this section of a consent for targeted assessment development. Note— Section 4.15(1C) provides that a consent authority, in determining a development application for targeted assessment development, must take into consideration only the matters referred to in section 4.15(1)(a) and (d) as are of relevance to the development.
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). (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]. Am 2025 No 71, Sch 1[115]. 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].
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
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].
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
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].
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 matters affecting or likely to affect the environment by reason of that activity. (2) For subsection (1), a determining authority may take into account the matters referred to in the subsection in a manner that is proportionate to the nature and risk of the activity. (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]. Am 2025 No 71, Sch 1[113] [114]. 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].
Duty to consider environmental impact s 5.5 (previously s 111): Renumbered 2017 No 60, Sch 5.2 [2].
Duty to consider environmental impact s 5.5 (previously s 111): Renumbered 2017 No 60, Sch 5.2 [2]. Am 2025 No 71, Sch 1[113] [114].
(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.
(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 matters affecting or likely to affect the environment by reason of that activity.
(2) For subsection (1), a determining authority may take into account the matters referred to in the subsection in a manner that is proportionate to the nature and risk of the activity.
Reviews and appeals
pt 8: Ins 2017 No 60, Sch 8.1 [2]. Division 8.1 Introductory divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.1 Definitions: Part 8 In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. Division 8.2 Reviews divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.2 Determinations and decisions subject to review (cf previous ss 82A(1), 82B(1)) (1) The following determinations or decisions of a consent authority under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent. (2) However, a determination or decision in connection with an application relating to the following is not subject to review under this Division— (a) a complying development certificate, (b) designated development, (c) Crown development (referred to in Division 4.6). (3) A determination or decision reviewed under this Division is not subject to further review under this Division. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.3 Application for and conduct of review (cf previous ss 82A(2)–(4) (6), 82B(2)–(4)) (1) An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division. (2) A determination or decision cannot be reviewed under this Division— (a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or (b) after the Court has disposed of an appeal against the determination or decision. (3) In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development. (4) The review of a determination or decision made by a delegate of a council is to be conducted— (a) by the council (unless the determination or decision may be made only by a local planning panel or delegate of the council), or (b) by another delegate of the council who is not subordinate to the delegate who made the determination or decision. (5) The review of a determination or decision made by a local planning panel is also to be conducted by the panel. (6) The review of a determination or decision made by a council is to be conducted by the council and not by a delegate of the council. (7) The review of a determination or decision made by a Sydney district or regional planning panel is also to be conducted by the panel. (8) The review of a determination or decision made by the Independent Planning Commission is also to be conducted by the Commission. (9) The review of a determination or decision made by a delegate of the Minister (other than the Independent Planning Commission) is to be conducted by the Independent Planning Commission or by another delegate of the Minister who is not subordinate to the delegate who made the determination or decision. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.4 Outcome of review (cf previous ss 82A(4A), 82B(5)) After conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.5 Miscellaneous provisions relating to reviews (cf previous ss 82A(10), 82C, 82D) (1) The regulations may make provision for or with respect to reviews under this Division, including— (a) specifying the person or body with whom applications for reviews are to be lodged and by whom applications for reviews and the results of reviews are to be notified, and (b) setting the period within which reviews must be finalised, and (c) declaring that a failure to finalise a review within that time is taken to be a confirmation of the determination or decision subject to review. (2) The functions of a consent authority in relation to a matter subject to review under this Division are the same as the functions in connection with the original application or determination. (3) If a decision to reject an application for development consent is changed on review, the application is taken to have been lodged on the date the decision is made on the review. (4) If a determination is changed on review, the changed determination replaces the earlier determination on the date the decision made on the review is registered on the NSW planning portal. (5) Notice of a decision on a review to grant or vary development consent is to specify the date from which the consent (or the consent as varied) operates. (6) A decision after the conduct of a review is taken for all purposes to be the decision of the consent authority. (7) If on a review of a determination the consent authority grants development consent or varies the conditions of a development consent, the consent authority is entitled (with the consent of the applicant and without prejudice to costs) to have an appeal against the determination made by the applicant to the Court under this Part withdrawn at any time prior to the determination of that appeal. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. Division 8.3 Appeals—development consents div 8.3: Ins 2017 No 60, Sch 8.1 [2]. 8.6 Decisions subject to appeal to Court under this Division (cf previous s 23F) (1) A decision of a consent authority under Part 4 in relation to an application for development consent or a development consent is (if this Division so provides) subject to appeal to the Court under this Division. (2) A decision subject to appeal includes a decision made after a review under Division 8.2. (3) There is no right of appeal under this Division against the following decisions— (a) a decision of the Independent Planning Commission as consent authority under this Act in relation to the carrying out of any development that is made after a public hearing by the Commission into the carrying out of that development, (b) the determination of, or a failure to determine, an application for a complying development certificate. Note. See other restrictions in this Act on the power of the Court to vary conditions of development consent relating to development contributions. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.7 Appeal by applicant—applications for development consent (cf previous s 97) (1) An applicant for development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. (2) For the purposes of this section, the determination of an application by a consent authority includes— (a) any decision subsequently made by the consent authority or other person about an aspect of the development that under the conditions of development consent was required to be carried out to the satisfaction of the consent authority or other person, or (b) any decision subsequently made by the consent authority as to a matter of which the consent authority must be satisfied before a deferred commencement consent can operate. (3) An appeal under this section relating to an application for development consent to carry out designated development in respect of which an objector may appeal under this Division cannot be heard until after the expiration of the period within which the objector may appeal to the Court. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.8 Appeal by an objector—designated development applications (cf previous s 98) (1) This section applies to the determination of an application for development consent for designated development (including any State significant development that would be designated development but for section 4.10(2)), being a determination to grant development consent, either unconditionally or subject to conditions. (2) A person who duly made a submission by way of objection during the public exhibition of the application for development consent (an objector ) and who is dissatisfied with the determination of the consent authority to grant consent may appeal to the Court against the determination. s 8.8: Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. 8.9 Appeal by applicant—modifications of development consent (cf previous s 97AA) An applicant for the modification of a development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. s 8.9: Ins 2017 No 60, Sch 8.1 [2]. 8.10 Time within which appeals may be made (1) An appeal under this Division (except by an objector) may be made only within the following periods after the relevant date (being the date the decision appealed against is notified or registered on the NSW planning portal or the date of deemed refusal under section 8.11)— (a) 6 months after the relevant date, if the relevant date occurs after the prescribed period, or (b) 12 months after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 6-month period immediately before the prescribed period. (2) An appeal under this Division by an objector may be made only within the following periods after the relevant date (being the date the objector is notified of the decision appealed against)— (a) 28 days after the relevant date, if the relevant date occurs after the prescribed period, or (b) 56 days after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 28-day period immediately before the prescribed period. (3) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022. s 8.10: Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. 8.11 Circumstances in which consent taken to have been refused for purposes of appeal rights (cf previous s 82) (1) A consent authority that has not determined an application for development consent (or for the modification of a development consent) within the period prescribed by the regulations for the determination of the application is, for the purpose only of this Division, taken to have determined the application by refusing development consent (or refusing to modify development consent) when that period ends. (2) Subsection (1) does not prevent a consent authority from determining an application after the end of that period. (3) Any such determination of an application does not affect the continuation or determination of an appeal made under this Division against the deemed refusal of consent (or modification of consent) under subsection (1). (4) If any such determination of an application results in the grant of development consent (or the modification of development consent), the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have the appeal withdrawn at any time prior to the determination of the appeal. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.12 Notice of appeals to be given and right to be heard (cf previous s 97A) (1) The following are entitled to be given notice of an appeal made under this Division— (a) an objector, in the case of an appeal by an applicant concerning an application for development consent in respect of which the objector has a right of appeal under this Division, (b) an applicant for development consent and the consent authority, in the case of an appeal under this Division by an objector concerning the application for development consent, (c) a Minister or public authority, in the case of an appeal concerning an application for development consent in respect of which the concurrence of the Minister or public authority is required under this Act, (d) the relevant approval body (within the meaning of Division 4.8), in the case of an application for development consent that involves the approval body. (2) Any such notice of appeal is to be given by the relevant consent authority. (3) Anyone who is given any such notice of appeal is, on application to the Court within 28 days after the notice is given, entitled to be heard at the hearing of the appeal if not already a party to the proceedings. (4) In this section, a reference to an application for development consent includes an application to modify a development consent. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.13 Effect of appeals on operation of consents (cf previous s 83(2)–(5)) (1) If the granting of a development consent for development (other than State significant development) is the subject of an appeal made under this Division, the development consent ceases to have effect. (2) If an appeal under this Division is discontinued, the consent is revived on the discontinuation of the appeal. (3) A development consent that is granted as a result of a decision on an appeal under this Division is taken to be a development consent duly granted under Part 4. Any such development consent takes effect, subject to any order of the Court, on and from the date the decision is registered on the NSW planning portal. (4) If the effect of a decision on appeal is that development consent is refused, any development consent granted ceases to have effect. (5) Despite anything to the contrary in this section, a development consent is taken to have effect on and from the date fixed by— (a) a court (whether or not the Land and Environment Court) that finally determines an appeal on a question of law which confirms the validity of, or results in the granting of, the development consent, or (b) the Land and Environment Court, if the validity of a development consent granted by that Court is confirmed by, or the development consent is granted by that Court as a result of, such a final determination made by another court that has not fixed that date. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.14 Powers of Court on appeals (cf previous s 39(6A) Land and Environment Court Act) (1) In addition to any other functions and discretions that the Court has apart from this subsection, the Court has, for the purposes of hearing and disposing of an appeal under this Division, all the functions and discretions which the consent authority whose decision is the subject of the appeal had in respect of the matter the subject of the appeal. (2) The decision of the Court on an appeal under this Division is, for the purposes of this or any other Act or instrument, taken to be the final decision of that consent authority and is to be given effect to accordingly. (3) If the consent authority was under this Act required to consult or obtain the concurrence of another person or body before making the decision the subject of an appeal under this Division— (a) the Court may determine the appeal whether or not the consultation has taken place and whether or not the concurrence has been granted, and (b) in a case where the concurrence has been granted—the Court may vary or revoke any conditions imposed by that person or body or may impose any conditions that could have been imposed by that person or body. (4) If an appeal under this Division relates to integrated development— (a) the Court may determine the appeal whether or not the consent authority has obtained general terms of approval from each relevant approval body, and (b) the Court is not bound to refuse an application for development consent because a relevant approval body has decided that general terms of approval will not be determined or has decided not to grant a relevant approval, and (c) the Court may determine an appeal even though a development consent granted as a result of the appeal is inconsistent with the general terms of approval of a relevant approval body. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.15 Miscellaneous provisions relating to appeals under this Division (cf previous s 97B; s 39A Land and Environment Court Act) (1) Separate appeals under this Division with respect to the determination of an application for development consent are, as far as practicable, to be heard together. (2) On an appeal under this Division, the Court may, at any time on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion— (a) that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or (b) that— (i) it is in the interests of justice, or (ii) it is in the public interest, that the person be joined as a party to the appeal. (3) If the Court on an appeal by an applicant under this Division allows the applicant to file an amended application for development consent (other than to make a minor amendment), the Court must make an order for the payment by the applicant of those costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent. This subsection does not apply to proceedings to which section 34AA of the Land and Environment Court Act 1979 applies. (4) If the determination or decision appealed against under this Division was made by a Sydney district or regional planning panel or a local planning panel, the council for the area concerned is to be the respondent to the appeal but is subject to the control and direction of the panel in connection with the conduct of the appeal. The council is to give notice of the appeal to the panel. (5) If the Minister exercised the functions of the council as consent authority (for Crown development) in respect of a determination or decision appealed against under this Division, the council is to be the respondent to the appeal but is subject to the control and direction of the Minister in connection with the conduct of the appeal. The council is to give notice of the appeal to the Minister. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. Division 8.4 Appeals—building and subdivision certification divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.16 Appeals against failure or refusal to issue certificate under Part 6 (cf previous s 109K(1)–(2)) (1) An appeal may be made to the Court against the following decisions of a council under Part 6— (a) a decision to refuse to issue a construction certificate, occupation certificate, subdivision works certificate or subdivision certificate, (b) a decision to issue any such certificate subject to conditions. (2) The appeal may be made by the applicant for the certificate concerned. (3) An appeal may be made only within 6 months after the date on which the decision was made. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.17 Deemed refusal for purposes of appeal (cf previous s 109K(3)) (1) For the purposes only of an appeal under this Division, a council is taken to have made a decision to refuse to issue a certificate (a deemed refusal ) if it has failed to issue the certificate to the applicant within the period prescribed by the regulations. (2) Nothing in subsection (1) prevents a council from determining an application for a construction certificate, occupation certificate, subdivision works certificate or subdivision certificate after the expiration of the applicable period specified in that subsection. (3) A determination made after the expiration of that applicable period does not affect the continuance or determination of an appeal made under this Division in respect of a deemed refusal. (4) If a determination is made after the applicable period to grant the certificate concerned, the council is entitled, with the consent of the applicant and without prejudice to costs, to have any appeal under this Division against a deemed refusal withdrawn at any time prior to the determination of that appeal. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. Division 8.5 Appeals—development control orders divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.18 Appeals concerning orders (cf previous s 121ZK) (1) A person who is given a development control order may appeal to the Court against the order. (2) However, a person may not appeal against a fire safety order given by an authorised fire officer (other than an order that prevents a person using or entering premises). (3) The appeal may be made only— (a) within 28 days after the development control order is given to the person, or (b) if an order is given subsequently that forms part of the development control order, within 28 days after the subsequent order is given to the person. (4) On hearing an appeal, the Court may— (a) revoke the development control order, or (b) modify the development control order, or (c) substitute for the development control order any other order that the relevant enforcement authority who gave the order could have given, or (d) find that the development control order is sufficiently complied with, or (e) make such order with respect to compliance with the development control order as the Court thinks fit, or (f) make such other order with respect to the development control order as the Court thinks fit. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.19 Awarding of compensation concerning orders (cf previous s 121ZL) (1) The Court, on the hearing of an appeal or otherwise, has a discretion to award compensation to a person to whom a development control order is given for any expense incurred by the person as a consequence of the order, including the cost of any investigative work or reinstatement carried out by the person as a consequence of the order. (2) Compensation is to be awarded only if the person seeking the compensation satisfies the Court that the giving of the development control order was unsubstantiated or the terms of the order were unreasonable. (3) A claim for compensation cannot be made more than 28 days after the date on which the Court gives its decision on the appeal or more than 3 months after the date of the development control order if an appeal is not made against the order. (4) Compensation under this section is to be awarded against the relevant enforcement authority who gave the development control order. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.20 Effect of appeal on order (cf previous s 121ZN) If an appeal is duly made to the Court against a development control order, the appeal does not effect a stay of the order. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. Division 8.6 Appeals—miscellaneous divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.21 Appeal concerning decisions on security for development requirements or damage (cf previous s 98A) (1) This section applies in connection with a decision of a consent authority or council relating to security of the kind referred to in section 4.17(6). (2) The applicant for development consent to which the security relates, or a person having the benefit of the consent, who is dissatisfied with the decision may appeal to the Court as follows— (a) an appeal may be made against a decision of the consent authority with respect to the provision of the security (otherwise than by the imposition of a condition of development consent), (b) an appeal may be made against the failure or refusal of the consent authority to release a security held by it, (c) an appeal may be made against the failure or refusal of a council to release a security held by it that has been provided in accordance with a condition of a complying development certificate. (3) An appeal under subsection (2)(a) may be made only within 6 months after the applicant for development consent received notice of the decision. (4) An appeal under subsection (2)(b) or (c) may be made only— (a) except as provided by paragraph (b), within 6 months after the work to which the security relates has been completed, or (b) if the security is provided in respect of contingencies that may arise on or after completion of the work to which the security relates, not earlier than 6 months and not later than 12 months after the completion of the work. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.22 Appeals against refusal to extend consent lapsing period (cf previous s 95A(3)) (1) This section applies to an application under section 4.54 for the extension of the period after which a development consent lapses. (2) The applicant for the extension who is dissatisfied with the determination of the application, or the failure of the consent authority to determine the application within the period prescribed by the regulations, may appeal to the Court. (3) The appeal may be made only within 6 months after the date on which the person is given notice of the decision appealed against or the end of the deemed refusal period referred to in subsection (2). divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.23 Appeals against revocation or modification of development consent (cf previous s 96A(5)) (1) This section applies to a decision of the Planning Secretary or a council under section 4.57 to revoke or modify a development consent. (2) The applicant for the consent, or any other person entitled to rely on the consent, may appeal to the Court against the revocation or modification of the consent. (3) The appeal can only be made within 3 months after the date on which the revocation or modification of the consent takes effect. (4) On hearing the appeal, the Court may— (a) confirm the revocation or modification, or (b) vary the revocation or modification, or (c) cancel the revocation or modification. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.24 Appeals concerning compliance cost notices (cf previous s 121ZKA) (1) A person on whom a compliance cost notice is served under Part 12 of Schedule 5 (Development control orders) may appeal against the notice to the Court within 28 days after the service of the notice on the person. (2) If an appeal is lodged against an order in relation to which a compliance cost notice has been issued— (a) an appeal may be lodged against the compliance cost notice in the same way as, and at the same time as, the appeal against the development control order concerned, and (b) the Court may deal with the appeal against the compliance cost notice at the same time as it deals with the appeal against the development control order. (3) On hearing an appeal against a compliance cost notice, the Court may— (a) revoke the notice, or (b) modify the notice, or (c) make any other order with respect to the notice as the Court thinks fit. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.25 Appeals with respect to building information certificates (cf previous s 149F) (1) An applicant— (a) who is dissatisfied with a council’s refusal to issue a building information certificate under Part 6, or (b) who is dissatisfied with a council’s failure to issue a building information certificate within the period prescribed by the regulations, or (c) who is dissatisfied with a notice from the council to supply information in connection with an application for a building information certificate, may appeal to the Court. (2) The appeal may be made only within 6 months after the date on which the person is given notice of the decision appealed against or the end of the deemed refusal period referred to in subsection (1). (3) On hearing the appeal, the Court may do any one or more of the following— (a) direct the council to issue a building information certificate in such terms and on such conditions as the Court thinks fit, (b) revoke, alter or confirm a notice to supply information, (c) make any other order that it considers appropriate. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2]. 8.26 Regulations (cf previous s 105(1)(p1)(t)) The regulations may make provision for or with respect to reviews and appeals under this Part, and in particular the procedure with respect to any such review or appeal. divs 8.4–8.6 (ss 8.16–8.26): Ins 2017 No 60, Sch 8.1 [2].
Reviews and appeals pt 8: Ins 2017 No 60, Sch 8.1 [2]. Division 8.1 Introductory div 8.1: Ins 2017 No 60, Sch 8.1 [2]. 8.1 Definitions: Part 8 In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. s 8.1: Ins 2017 No 60, Sch 8.1 [2]. Division 8.2 Reviews div 8.2: Ins 2017 No 60, Sch 8.1 [2]. 8.2 Determinations and decisions subject to review (cf previous ss 82A(1), 82B(1)) (1) The following determinations or decisions under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent. (2) However, a determination or decision in connection with an application relating to the following is not subject to review under this Division— (a) a complying development certificate, (b) designated development, (c) Crown development (referred to in Division 4.6). (3) A determination or decision reviewed under this Division is not subject to further review under this Division. s 8.2: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[119]. 8.3 Application for and conduct of review (cf previous ss 82A(2)–(4) (6), 82B(2)–(4)) (1) An applicant for a determination or decision referred to in section 8.2(1) may
Introductory
divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.1 Definitions: Part 8 In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Introductory div 8.1: Ins 2017 No 60, Sch 8.1 [2]. 8.1 Definitions: Part 8 In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. s 8.1: Ins 2017 No 60, Sch 8.1 [2].
Definitions: Part 8
In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Definitions: Part 8 In this Part— appeal means an appeal to the Court under Divisions 8.3, 8.4, 8.5 and 8.6. Note. Section 1.4 defines Court as the Land and Environment Court. review means a review by a consent authority under Division 8.2. s 8.1: Ins 2017 No 60, Sch 8.1 [2].
Reviews
divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.2 Determinations and decisions subject to review (cf previous ss 82A(1), 82B(1)) (1) The following determinations or decisions of a consent authority under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent. (2) However, a determination or decision in connection with an application relating to the following is not subject to review under this Division— (a) a complying development certificate, (b) designated development, (c) Crown development (referred to in Division 4.6). (3) A determination or decision reviewed under this Division is not subject to further review under this Division. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.3 Application for and conduct of review (cf previous ss 82A(2)–(4) (6), 82B(2)–(4)) (1) An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division. (2) A determination or decision cannot be reviewed under this Division— (a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or (b) after the Court has disposed of an appeal against the determination or decision. (3) In requesting a review, the applicant may amend the proposed development the subject of the original application for development consent or for modification of development consent. The consent authority may review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development. (4) The review of a determination or decision made by a delegate of a council is to be conducted— (a) by the council (unless the determination or decision may be made only by a local planning panel or delegate of the council), or (b) by another delegate of the council who is not subordinate to the delegate who made the determination or decision. (5) The review of a determination or decision made by a local planning panel is also to be conducted by the panel. (6) The review of a determination or decision made by a council is to be conducted by the council and not by a delegate of the council. (7) The review of a determination or decision made by a Sydney district or regional planning panel is also to be conducted by the panel. (8) The review of a determination or decision made by the Independent Planning Commission is also to be conducted by the Commission. (9) The review of a determination or decision made by a delegate of the Minister (other than the Independent Planning Commission) is to be conducted by the Independent Planning Commission or by another delegate of the Minister who is not subordinate to the delegate who made the determination or decision. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.4 Outcome of review (cf previous ss 82A(4A), 82B(5)) After conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2]. 8.5 Miscellaneous provisions relating to reviews (cf previous ss 82A(10), 82C, 82D) (1) The regulations may make provision for or with respect to reviews under this Division, including— (a) specifying the person or body with whom applications for reviews are to be lodged and by whom applications for reviews and the results of reviews are to be notified, and (b) setting the period within which reviews must be finalised, and (c) declaring that a failure to finalise a review within that time is taken to be a confirmation of the determination or decision subject to review. (2) The functions of a consent authority in relation to a matter subject to review under this Division are the same as the functions in connection with the original application or determination. (3) If a decision to reject an application for development consent is changed on review, the application is taken to have been lodged on the date the decision is made on the review. (4) If a determination is changed on review, the changed determination replaces the earlier determination on the date the decision made on the review is registered on the NSW planning portal. (5) Notice of a decision on a review to grant or vary development consent is to specify the date from which the consent (or the consent as varied) operates. (6) A decision after the conduct of a review is taken for all purposes to be the decision of the consent authority. (7) If on a review of a determination the consent authority grants development consent or varies the conditions of a development consent, the consent authority is entitled (with the consent of the applicant and without prejudice to costs) to have an appeal against the determination made by the applicant to the Court under this Part withdrawn at any time prior to the determination of that appeal. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Reviews div 8.2: Ins 2017 No 60, Sch 8.1 [2]. 8.2 Determinations and decisions subject to review (cf previous ss 82A(1), 82B(1)) (1) The following determinations or decisions under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent. (2) However, a determination or decision in connection with an application relating to the following is not subject to review under this Division— (a) a complying development certificate, (b) designated development, (c) Crown development (referred to in Division 4.6). (3) A determination or decision reviewed under this Division is not subject to further review under this Division. s 8.2: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[119]. 8.3 Application for and conduct of review (cf previous ss 82A(2)–(4) (6), 82B(2)–(4)) (1) An applicant for a determination or decision referred to in section 8.2(1) may make a request for a review of the determination or decision
Determinations and decisions subject to review
divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Determinations and decisions subject to review s 8.2: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[119].
(1) The following determinations or decisions of a consent authority under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent.
(1) The following determinations or decisions under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (b) the determination of an application for the modification of a development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary), (c) the decision of a council to reject and not determine an application for development consent.
Application for and conduct of review
divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Application for and conduct of review s 8.3: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[123]–[125].
(1) An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division.
(1) An applicant for a determination or decision referred to in section 8.2(1) may make a request for a review of the determination or decision.
— Not present in the earlier version —
(1A) Subject to subsections (4)–(9), the person or body that made the determination or decision must review the determination or decision if the request is properly made under this division.
(2) A determination or decision cannot be reviewed under this Division— (a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or (b) after the Court has disposed of an appeal against the determination or decision.
(2) A request under this division, other than section 8.2(1)(c), for a review of a determination or decision must not be made— (a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or (b) after the Court has disposed of an appeal against the determination or decision.
(4) The review of a determination or decision made by a delegate of a council is to be conducted— (a) by the council (unless the determination or decision may be made only by a local planning panel or delegate of the council), or (b) by another delegate of the council who is not subordinate to the delegate who made the determination or decision.
(4) The review of a determination or decision made by a delegate of a council is to be conducted— (a) by the council (unless the determination or decision may be made only by a local planning panel or delegate of the council), or (b) by another delegate of the council who is not subordinate to the delegate who made the determination or decision, or (c) if the applicant has requested the review be conducted by the local planning panel—by a local planning panel, other than for a review under section 8.2(1)(c).
Outcome of review
(cf previous ss 82A(4A), 82B(5)) After conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision. divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Outcome of review (cf previous ss 82A(4A), 82B(5)) s 8.4: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[129].
— Not present in the earlier version —
(1) After conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision.
— Not present in the earlier version —
(2) A determination or decision must not be reviewed under this division, or confirmed or changed, after the Court has disposed of an appeal against the determination or decision.
Miscellaneous provisions relating to reviews
divs 8.1, 8.2 (ss 8.1–8.5): Ins 2017 No 60, Sch 8.1 [2].
Miscellaneous provisions relating to reviews s 8.5: Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[130] [131].
(1) The regulations may make provision for or with respect to reviews under this Division, including— (a) specifying the person or body with whom applications for reviews are to be lodged and by whom applications for reviews and the results of reviews are to be notified, and (b) setting the period within which reviews must be finalised, and (c) declaring that a failure to finalise a review within that time is taken to be a confirmation of the determination or decision subject to review.
(1) The regulations may make provision for or with respect to reviews under this Division, including— (a) specifying the person or body with whom applications for reviews are to be lodged and by whom applications for reviews and the results of reviews are to be notified, and (b) setting the period within which reviews must be finalised, and (c) declaring that a failure to finalise a review within that time is taken to be a confirmation of the determination or decision subject to review, and (d) providing for the process for making applications for, and the conduct and procedure of, reviews, and (e) setting fees payable for reviews, and (f) setting the period within which a request for a review under section 8.2(1)(c) must be made.
(7) If on a review of a determination the consent authority grants development consent or varies the conditions of a development consent, the consent authority is entitled (with the consent of the applicant and without prejudice to costs) to have an appeal against the determination made by the applicant to the Court under this Part withdrawn at any time prior to the determination of that appeal.
(7) If on a review of a determination the consent authority grants development consent, modifies a development consent or varies the conditions of a development consent, the consent authority is entitled (with the consent of the applicant and without prejudice to costs) to have an appeal against the determination made by the applicant to the Court under this Part withdrawn at any time prior to the determination of that appeal.
Appeals—development consents
div 8.3: Ins 2017 No 60, Sch 8.1 [2]. 8.6 Decisions subject to appeal to Court under this Division (cf previous s 23F) (1) A decision of a consent authority under Part 4 in relation to an application for development consent or a development consent is (if this Division so provides) subject to appeal to the Court under this Division. (2) A decision subject to appeal includes a decision made after a review under Division 8.2. (3) There is no right of appeal under this Division against the following decisions— (a) a decision of the Independent Planning Commission as consent authority under this Act in relation to the carrying out of any development that is made after a public hearing by the Commission into the carrying out of that development, (b) the determination of, or a failure to determine, an application for a complying development certificate. Note. See other restrictions in this Act on the power of the Court to vary conditions of development consent relating to development contributions. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.7 Appeal by applicant—applications for development consent (cf previous s 97) (1) An applicant for development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. (2) For the purposes of this section, the determination of an application by a consent authority includes— (a) any decision subsequently made by the consent authority or other person about an aspect of the development that under the conditions of development consent was required to be carried out to the satisfaction of the consent authority or other person, or (b) any decision subsequently made by the consent authority as to a matter of which the consent authority must be satisfied before a deferred commencement consent can operate. (3) An appeal under this section relating to an application for development consent to carry out designated development in respect of which an objector may appeal under this Division cannot be heard until after the expiration of the period within which the objector may appeal to the Court. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.8 Appeal by an objector—designated development applications (cf previous s 98) (1) This section applies to the determination of an application for development consent for designated development (including any State significant development that would be designated development but for section 4.10(2)), being a determination to grant development consent, either unconditionally or subject to conditions. (2) A person who duly made a submission by way of objection during the public exhibition of the application for development consent (an objector ) and who is dissatisfied with the determination of the consent authority to grant consent may appeal to the Court against the determination. s 8.8: Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. 8.9 Appeal by applicant—modifications of development consent (cf previous s 97AA) An applicant for the modification of a development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. s 8.9: Ins 2017 No 60, Sch 8.1 [2]. 8.10 Time within which appeals may be made (1) An appeal under this Division (except by an objector) may be made only within the following periods after the relevant date (being the date the decision appealed against is notified or registered on the NSW planning portal or the date of deemed refusal under section 8.11)— (a) 6 months after the relevant date, if the relevant date occurs after the prescribed period, or (b) 12 months after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 6-month period immediately before the prescribed period. (2) An appeal under this Division by an objector may be made only within the following periods after the relevant date (being the date the objector is notified of the decision appealed against)— (a) 28 days after the relevant date, if the relevant date occurs after the prescribed period, or (b) 56 days after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 28-day period immediately before the prescribed period. (3) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022. s 8.10: Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. 8.11 Circumstances in which consent taken to have been refused for purposes of appeal rights (cf previous s 82) (1) A consent authority that has not determined an application for development consent (or for the modification of a development consent) within the period prescribed by the regulations for the determination of the application is, for the purpose only of this Division, taken to have determined the application by refusing development consent (or refusing to modify development consent) when that period ends. (2) Subsection (1) does not prevent a consent authority from determining an application after the end of that period. (3) Any such determination of an application does not affect the continuation or determination of an appeal made under this Division against the deemed refusal of consent (or modification of consent) under subsection (1). (4) If any such determination of an application results in the grant of development consent (or the modification of development consent), the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have the appeal withdrawn at any time prior to the determination of the appeal. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.12 Notice of appeals to be given and right to be heard (cf previous s 97A) (1) The following are entitled to be given notice of an appeal made under this Division— (a) an objector, in the case of an appeal by an applicant concerning an application for development consent in respect of which the objector has a right of appeal under this Division, (b) an applicant for development consent and the consent authority, in the case of an appeal under this Division by an objector concerning the application for development consent, (c) a Minister or public authority, in the case of an appeal concerning an application for development consent in respect of which the concurrence of the Minister or public authority is required under this Act, (d) the relevant approval body (within the meaning of Division 4.8), in the case of an application for development consent that involves the approval body. (2) Any such notice of appeal is to be given by the relevant consent authority. (3) Anyone who is given any such notice of appeal is, on application to the Court within 28 days after the notice is given, entitled to be heard at the hearing of the appeal if not already a party to the proceedings. (4) In this section, a reference to an application for development consent includes an application to modify a development consent. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.13 Effect of appeals on operation of consents (cf previous s 83(2)–(5)) (1) If the granting of a development consent for development (other than State significant development) is the subject of an appeal made under this Division, the development consent ceases to have effect. (2) If an appeal under this Division is discontinued, the consent is revived on the discontinuation of the appeal. (3) A development consent that is granted as a result of a decision on an appeal under this Division is taken to be a development consent duly granted under Part 4. Any such development consent takes effect, subject to any order of the Court, on and from the date the decision is registered on the NSW planning portal. (4) If the effect of a decision on appeal is that development consent is refused, any development consent granted ceases to have effect. (5) Despite anything to the contrary in this section, a development consent is taken to have effect on and from the date fixed by— (a) a court (whether or not the Land and Environment Court) that finally determines an appeal on a question of law which confirms the validity of, or results in the granting of, the development consent, or (b) the Land and Environment Court, if the validity of a development consent granted by that Court is confirmed by, or the development consent is granted by that Court as a result of, such a final determination made by another court that has not fixed that date. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.14 Powers of Court on appeals (cf previous s 39(6A) Land and Environment Court Act) (1) In addition to any other functions and discretions that the Court has apart from this subsection, the Court has, for the purposes of hearing and disposing of an appeal under this Division, all the functions and discretions which the consent authority whose decision is the subject of the appeal had in respect of the matter the subject of the appeal. (2) The decision of the Court on an appeal under this Division is, for the purposes of this or any other Act or instrument, taken to be the final decision of that consent authority and is to be given effect to accordingly. (3) If the consent authority was under this Act required to consult or obtain the concurrence of another person or body before making the decision the subject of an appeal under this Division— (a) the Court may determine the appeal whether or not the consultation has taken place and whether or not the concurrence has been granted, and (b) in a case where the concurrence has been granted—the Court may vary or revoke any conditions imposed by that person or body or may impose any conditions that could have been imposed by that person or body. (4) If an appeal under this Division relates to integrated development— (a) the Court may determine the appeal whether or not the consent authority has obtained general terms of approval from each relevant approval body, and (b) the Court is not bound to refuse an application for development consent because a relevant approval body has decided that general terms of approval will not be determined or has decided not to grant a relevant approval, and (c) the Court may determine an appeal even though a development consent granted as a result of the appeal is inconsistent with the general terms of approval of a relevant approval body. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2]. 8.15 Miscellaneous provisions relating to appeals under this Division (cf previous s 97B; s 39A Land and Environment Court Act) (1) Separate appeals under this Division with respect to the determination of an application for development consent are, as far as practicable, to be heard together. (2) On an appeal under this Division, the Court may, at any time on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion— (a) that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or (b) that— (i) it is in the interests of justice, or (ii) it is in the public interest, that the person be joined as a party to the appeal. (3) If the Court on an appeal by an applicant under this Division allows the applicant to file an amended application for development consent (other than to make a minor amendment), the Court must make an order for the payment by the applicant of those costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent. This subsection does not apply to proceedings to which section 34AA of the Land and Environment Court Act 1979 applies. (4) If the determination or decision appealed against under this Division was made by a Sydney district or regional planning panel or a local planning panel, the council for the area concerned is to be the respondent to the appeal but is subject to the control and direction of the panel in connection with the conduct of the appeal. The council is to give notice of the appeal to the panel. (5) If the Minister exercised the functions of the council as consent authority (for Crown development) in respect of a determination or decision appealed against under this Division, the council is to be the respondent to the appeal but is subject to the control and direction of the Minister in connection with the conduct of the appeal. The council is to give notice of the appeal to the Minister. ss 8.11–8.15: Ins 2017 No 60, Sch 8.1 [2].
Appeals—development consents div 8.3: Ins 2017 No 60, Sch 8.1 [2]. 8.6 Decisions subject to appeal to Court under this Division (cf previous s 23F) (1) A decision of a consent authority under Part 4 in relation to an application for development consent or a development consent is (if this Division so provides) subject to appeal to the Court under this Division. (2) A decision subject to appeal includes a decision made after a review under Division 8.2. (3) There is no right of appeal under this Division against the following decisions— (a) a decision of the Independent Planning Commission as consent authority under this Act in relation to the carrying out of any development that is made after a public hearing by the Commission into the carrying out of that development, (b) the determination of, or a failure to determine, an application for a complying development certificate. Note. See other restrictions in this Act on the power of the Court to vary conditions of development consent relating to development contributions. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.7 Appeal by applicant—applications for development consent (cf previous s 97) (1) An applicant for development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. (2) For the purposes of this section, the determination of an application by a consent authority includes— (a) any decision subsequently made by the consent authority or other person about an aspect of the development that under the conditions of development consent was required to be carried out to the satisfaction of the consent authority or other person, or (b) any decision subsequently made by the consent authority as to a matter of which the consent authority must be satisfied before a deferred commencement consent can operate. (3) An appeal under this section relating to an application for development consent to carry out designated development in respect of which an objector may appeal under this Division cannot be heard until after the expiration of the period within which the objector may appeal to the Court. ss 8.6, 8.7: Ins 2017 No 60, Sch 8.1 [2]. 8.8 Appeal by an objector—designated development applications (cf previous s 98) (1) This section applies to the determination of an application for development consent for designated development (including any State significant development that would be designated development but for section 4.10(2)), being a determination to grant development consent, either unconditionally or subject to conditions. (2) A person who duly made a submission by way of objection during the public exhibition of the application for development consent (an objector ) and who is dissatisfied with the determination of the consent authority to grant consent may appeal to the Court against the determination. s 8.8: Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. 8.9 Appeal by applicant—modifications of development consent (cf previous s 97AA) An applicant for the modification of a development consent who is dissatisfied with the determination of the application by the consent authority may appeal to the Court against the determination. s 8.9: Ins 2017 No 60, Sch 8.1 [2]. 8.
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An appeal under this division against a determination or decision must not be made during the period— (a) beginning on the lodgement of a request for a review of the determination or decision under Division 8.2, and (b) ending on the confirmation or change of the determination or decision under section 8.4, the expiry of the period set under section 8.5(1)(b) or the withdrawal of the request by the applicant. s 8.9A: Ins 2025 No 71, Sch 1[132].
Time within which appeals may be made s 8.10: Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7].
Time within which appeals may be made s 8.10: Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. Am 2025 No 71, Sch 1[133].
(1) An appeal under this Division (except by an objector) may be made only within the following periods after the relevant date (being the date the decision appealed against is notified or registered on the NSW planning portal or the date of deemed refusal under section 8.11)— (a) 6 months after the relevant date, if the relevant date occurs after the prescribed period, or (b) 12 months after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 6-month period immediately before the prescribed period.
(1) An appeal under this division by an applicant for development consent, or for a modification of a development consent, who is dissatisfied with the determination of the application by the consent authority must be made within 6
(2) An appeal under this Division by an objector may be made only within the following periods after the relevant date (being the date the objector is notified of the decision appealed against)— (a) 28 days after the relevant date, if the relevant date occurs after the prescribed period, or (b) 56 days after the relevant date, if the relevant date occurs— (i) during the prescribed period, or (ii) during the 28-day period immediately before the prescribed period.
(2) An appeal under this division by an applicant for development consent, or for a modification of a development consent, against a deemed refusal under section 8.11 may be made at any time— (a) after the expiry
(3) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022.
(3) An appeal under this division by an objector may be made only within 28 days after the date the objector is notified of the decision appealed against.
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(4) In calculating the period within which an appeal may be made to the Court against a determination or decision referred to in section 8.2(1)(a) or (b), the period referred to in section 8.9A must be disregarded.
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(1) Minimum public exhibition period for an application for development consent for targeted assessment development— (a) if a State environmental planning policy specifies a period of public exhibition for the application—the period specified, or (b) if a State environmental planning policy specifies that no public exhibition period is required for the application—no public exhibition, or (c) otherwise—14 days.
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(2) Despite clause 13, the minimum public exhibition period for the re-exhibition of an amended application for development consent for targeted assessment development— (a) if a State environmental planning policy specifies a period of public exhibition for the application—the period specified, or (b) if a State environmental planning policy specifies that no public exhibition period is required for the application—no public exhibition, or (c) otherwise—14 days.
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, (a1) the Housing Delivery Authority, (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 3A Local planning panels for 2 or more areas—constitution 10A Constitution of local planning panels for 2 or more areas Note— At the commencement of this clause, no local planning panels for 2 or more areas are constituted. 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) For a local planning panel constituted by a council— (a) the council may remove a member of the local planning panel from office at any time, for any reason and without notice, but (b) the general manager of the council must provide a written statement of the reasons for removing the member from office and make the statement publicly available. (5) For a local planning panel constituted under section 2.17(1A) for 2 or more areas, the Planning Secretary— (a) may remove a member of the local planning panel from office at any time, for any reason and without notice, but (b) 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 written instrument addressed to the following— (i) the Minister, (ii) for a council nominee of a Sydney district planning panel or regional planning panel—the council, (iii) for a member of a local planning panel constituted by a council—the council, (iv) for a member of a local planning panel constituted under section 2.17(1A) for 2 or more areas—the Planning Secretary, 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. (3) Nothing in this clause affects the operation of the Government Sector Employment Act 2013 , section 73. 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. 20A Special provision regarding composition of local planning panel for coastal protection works (1) This clause applies if a local 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 a member of the panel, other than the chairperson, does not have expertise in coastal engineering or coastal geomorphology, the Minister must appoint an alternate of the member who has that expertise and the alternate member must act in the place of the member when the panel deals with the determination of the 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]; 2025 No 71, Sch 1[161] [170] [178] [179] [184] [186].
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, (a1) the Housing Delivery Authority, (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 3A Local planning panels for 2 or more areas—constitution 10A Constitution of local planning panels for 2 or more areas Note— At the commencement of this clause, no local planning panels for 2 or more areas are constituted. 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) For a local planning panel constituted by a council— (a) the council may remove a member of the local planning panel from office at any time, for any reason and without notice, but (b) the general manager of the council must provide a written statement of the reasons for removing the member from office and make the statement publicly available. (5) For a local planning panel constituted under section 2.17(1A) for 2 or more areas, the Planning Secretary— (a) may remove a member of the local planning panel from office at any time, for any reason and without notice, but (b) 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 written instrument addressed to the following— (i) the Minister, (ii) for a council nominee of a Sydney district planning panel or regional planning panel—the council, (iii) for a member of a local planning panel constituted by a council—the council, (iv) for a member of a local planning panel constituted under section 2.17(1A) for 2 or more areas—the Planning Secretary, 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. (3) Nothing in this clause affects the operation of the Government Sector Employment Act 2013 , section 73. 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. 20A Special provision regarding composition of local planning panel for coastal protection works (1) This clause applies if a local 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 a member of the panel, other than the chairperson, does not have expertise in coastal engineering or coastal geomorphology, the Minister must appoint an alternate of the member who has that expertise and the alternate member must act in the place of the member when the panel deals with the determination of the 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]; 2025 No 71, Sch 1[
— Removed in the later version —
Environmental Planning and Assessment Act 1979 No 203 . Assented to 21.12.1979. Date of commencement, secs 1, 2 and 155 excepted, 1.9.1980, sec 2 and GG No 91 of 4.7.1980, p 3366. This Act has been amended by secs 9.23(9) and 156 (appointed day: 25.3.1988, GG No 65 of 25.3.1988, p 2044) and by Sch 8, cl 12 of this Act and as follows— 1980 No 187 Miscellaneous Acts (Retirement of Statutory Officers) Amendment Act 1980 . Assented to 17.12.1980. 1981 No 83 Miscellaneous Acts (Financial Accommodation) Amendment Act 1981 . Assented to 9.6.1981. A proclamation was published in GG No 79 of 12.6.1981, p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments were taken to have commenced on 12.6.1981. 1983 No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 . Assented to 29.12.1983. Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19. 1984 No 153 Statute Law (Miscellaneous Amendments) Act 1984 . Assented to 10.12.1984. 1985 No 228 Environmental Planning and Assessment (Amendment) Act 1985 . Assented to 18.12.1985. Date of commencement of Schs 1–8 (except Sch 8 (18)), 3.2.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470; date of commencement of Sch 8 (18), 3.3.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470. 1986 No 205 Miscellaneous Acts (Water Administration) Amendment Act 1986 . Assented to 18.12.1986. Date of commencement of Sch 2, 1.1.1987, sec 2 (2) and GG No 195 of 19.12.1986, p 6267. No 218 Statute Law (Miscellaneous Provisions) Act (No 2) 1986 . Assented to 23.12.1986. No 220 Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986 . Assented to 23.12.1986. Date of commencement, secs 1 and 2 excepted, 1.3.1989, sec 2 (2) and GG No 21 of 10.2.1989, p 911. 1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987 . Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. No 159 Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1987 . Assented to 18.11.1987. No 197 Miscellaneous Acts (Wilderness) Amendment Act 1987 . Assented to 4.12.1987. 1988 No 20 Statute Law (Miscellaneous Provisions) Act 1988 . Assented to 28.6.1988. Date of commencement of Sch 5, assent, sec 2 (1). No 114 Transport Legislation (Repeal and Amendment) Act 1988 . Assented to 21.12.1988. Date of commencement, 16.1.1989, sec 2 (1) and GG No 3 of 16.1.1989, p 277. 1989 No 30 Waste Disposal (Amendment) Act 1989 . Assented to 21.4.1989. Date of commencement, 30.6.1989, sec 2 and GG No 81 of 30.6.1989, p 3811. No 32 Environmental Planning and Assessment (Amendment) Act 1989 . Assented to 1.5.1989. Date of commencement, 30.6.1989, sec 2 and GG No 73 of 16.6.1989, p 3533. No 105 Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989 . Assented to 15.8.1989. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , 1.10.1989, sec 2 and GG No 98 of 29.9.1989, p 7742. No 204 Miscellaneous Acts (Community Land) Amendment Act 1989 . Assented to 21.12.1989. Date of commencement, 1.8.1990, sec 2 and GG No 82 of 29.6.1990, p 5399. 1990 No 46 Statute Law (Miscellaneous Provisions) Act 1990 . Assented to 22.6.1990. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, sec 2. No 118 Technical and Further Education Commission Act 1990 . Assented to 18.12.1990. Date of commencement, 1.2.1991, sec 2 and GG No 20 of 1.2.1991, p 868. 1991 No 22 Land Acquisition (Just Terms Compensation) Act 1991 . Assented to 30.8.1991. Date of commencement, 1.1.1992, sec 2 and GG No 163 of 22.11.1991, p 9736. No 64 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 . Assented to 17.12.1991. Date of commencement, 14.2.1992, sec 2 and GG No 20 of 14.2.1992, p 843. No 66 Endangered Fauna (Interim Protection) Act 1991 . Assented to 17.12.1991. Date of commencement, assent, sec 3. 1992 No 1 Timber Industry (Interim Protection) Act 1992 . Assented to 12.3.1992. Date of commencement, assent, sec 2. No 34 Statute Law (Miscellaneous Provisions) Act 1992 . Assented to 18.5.1992. Date of commencement of the provisions of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, Sch 1. No 89 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1992 . Assented to 2.12.1992. Date of commencement, 16.12.1992, sec 2. No 90 Environmental Planning and Assessment (Miscellaneous Amendments) Act 1992 . Assented to 2.12.1992. Date of commencement, 28.6.1993, sec 2 and GG No 49 of 21.5.1993, p 2354. No 112 Statute Law (Penalties) Act 1992 . Assented to 8.12.1992. Date of commencement, assent, sec 2. 1993 No 12 Strata Titles (Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7399. No 13 Strata Titles (Leasehold Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7398. No 32 Local Government (Consequential Provisions) Act 1993 . Assented to 8.6.1993. Date of commencement of Sch 2, 1.7.1993, sec 2 (1) and GG No 73 of 1.7.1993, p 3342. No 33 Roads Act 1993 . Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. No 93 Environmental Planning and Assessment (Part 5) Amendment Act 1993 . Assented to 30.11.1993. Date of commencement, 22.4.1994, sec 2 and GG No 58 of 15.4.1994, p 1607. No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1993 . Assented to 2.12.1993. Date of commencement of item (1) of the provisions of Sch 2 relating to the Environmental Planning and Assessment Act 1979 , 1.7.1993, Sch 2; date of commencement of item (2) of those provisions, 28.6.1993, Sch 2. 1994 No 29 Environmental Planning and Assessment (Amendment) Act 1994 . Assented to 30.5.1994. Date of commencement, 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3237. No 44 Local Government Legislation (Miscellaneous Amendments) Act 1994 . Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915. 1995 No 11 Statute Law Revision (Local Government) Act 1995 . Assented to 9.6.1995. Date of commencement of Sch 1.41, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. No 32 State Owned Corporations Amendment Act 1995 . Assented to 23.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3437. No 36 Public Sector Management Amendment Act 1995 . Assented to 25.9.1995. Date of commencement, 13.10.1995, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99 . Assented to 21.12.1995. Date of commencement of Sch 2.15, assent, sec 2 (2). No 95 Energy Services Corporations Act 1995 . Assented to 21.12.1995. Date of commencement of Sch 4.9, 1.3.1996, sec 2 and GG No 26 of 1.3.1996, p 832. No 101 Threatened Species Conservation Act 1995 . Assented to 22.12.1995. Date of commencement of Sch 5, 1.1.1996, sec 2 (1) and GG No 158 of 22.12.1995, p 8802. 1996 No 15 Environmental Planning and Assessment Amendment (Contaminated Land) Act 1996 . Assented to 13.6.1996. Date of commencement, 5.7.1996, sec 2 and GG No 81 of 5.7.1996, p 3826. No 30 Statute Law (Miscellaneous Provisions) Act 1996 . Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 31 Environmental Planning and Water Legislation Amendment Act 1996 . Assented to 24.6.1996. Date of commencement, assent, sec 2. No 44 Environmental Planning and Assessment Amendment Act 1996 . Assented to 28.6.1996. Date of commencement, 1.8.1996, sec 2 and GG No 89 of 26.7.1996, p 4354. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 45 Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 . Assented to 28.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. No 121 Statute Law (Miscellaneous Provisions) Act (No 2) 1996 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 139 Strata Schemes Management (Miscellaneous Amendments) Act 1996 . Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55 . Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). 1997 No 63 Water and Environmental Planning Legislation Amendment Act 1997 . Assented to 2.7.1997. Date of commencement of Sch 3, 6.2.1998, sec 2 (2) and GG No 22 of 6.2.1998, p 524. No 81 Environmental Planning and Assessment Legislation Amendment Act 1997 . Assented to 10.7.1997. Date of commencement, 15.8.1997, sec 2 and GG No 91 of 15.8.1997, p 6288. No 140 Contaminated Land Management Act 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.2, 1.9.1998, sec 2 and GG No 123 of 21.8.1998, p 6171. No 147 Statute Law (Miscellaneous Provisions) Act (No 2) 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.6, assent, sec 2 (2); date of commencement of Sch 3, 3 months after assent, sec 2 (3). No 152 Environmental Planning and Assessment Amendment Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. No 153 Fisheries Management Amendment Act 1997 . Assented to 19.12.1997. Date of commencement of Sch 6, 1.7.1998, sec 2 and GG No 100 of 26.6.1998, p 5093. No 156 Protection of the Environment Operations Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1999, sec 2 and GG No 178 of 24.12.1998, p 9952. 1998 No 29 Darling Harbour Authority Amendment and Repeal Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 2, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5326; the amendment made by Sch 3.3 was not commenced and was repealed by the Sydney Harbour Foreshore Authority Act 1998 No 170 . No 32 Sydney Cove Redevelopment Authority Amendment Act 1998 . Assented to 15.6.1998. Date of commencement, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5327. No 33 Building and Construction Industry Long Service Payments Amendment Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 4, 1.7.1998, sec 2 (1) and GG No 97 of 26.6.1998, p 4421. No 54 Statute Law (Miscellaneous Provisions) Act 1998 . Assented to 30.6.1998. Date of commencement of Sch 1.9, item [40] excepted, 1.7.1998, Sch 1.9 and GG No 101 of 1.7.1998, p 5119; date of commencement of Sch 1.9 [40], assent, Sch 1.9; date of commencement of Sch 2.12, 1.7.1998, Sch 2.12 and GG No 101 of 1.7.1998, p 5119. No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 1998 . Assented to 26.11.1998. Date of commencement of Sch 1.15, assent, sec 2 (2). No 138 Heritage Amendment Act 1998 . Assented to 8.12.1998. Date of commencement, 2.4.1999, sec 2 and GG No 27 of 5.3.1999, p 1546. No 145 Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998 . Assented to 8.12.1998. Date of commencement, 1.1.1999, sec 2 and GG No 176 of 18.12.1998, p 9726. No 170 Sydney Harbour Foreshore Authority Act 1998 . Assented to 14.12.1998. Date of commencement of Sch 3, 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 285; date of commencement of Sch 4, 1.1.2001, sec 2 and GG No 170 of 29.12.2000, p 13950. 1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999 . Assented to 7.7.1999. Date of commencement of Sch 1.12, assent, sec 2 (2). No 38 Local Government Amendment (Amalgamations and Boundary Changes) Act 1999 . Assented to 7.7.1999. Date of commencement, 23.7.1999, sec 2 and GG No 84 of 23.7.1999, p 5144. No 72 Environmental Planning and Assessment Amendment Act 1999 . Assented to 3.12.1999. Date of commencement of Schs 1, 2 and 4, 1.2.2000, sec 2 (1) and GG No 3 of 14.1.2000, p 165; date of commencement of Sch 3, 1.6.2000, sec 2 (1) and GG No 65 of 31.5.2000, p 4485; date of commencement of Schs 5 and 6, assent, sec 2 (2). No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999 . Assented to 3.12.1999. Date of commencement of Sch 2.17, assent, sec 2 (2). 2000 No 18 Albury-Wodonga Development Repeal Act 2000 . Assented to 30.5.2000. Date of commencement of Sch 1, 1.3.2004, sec 2 and GG No 47 of 27.2.2004, p 823. No 29 Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000 . Assented to 5.6.2000. Date of commencement, assent, sec 2. No 86 Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 . Assented to 6.12.2000. Date of commencement of Sch 1, 22.12.2000, sec 2 and GG No 169A of 22.12.2000 p 13909; date of commencement of Sch 6.1, 23.3.2001, sec 2 and GG No 54 of 16.3.2001, p 1227. No 92 Water Management Act 2000 . Assented to 8.12.2000. Date of commencement of Sch 8.8, 1.7.2004, sec 2 (1) and GG No 110 of 1.7.2004, p 5002. No 93 Statute Law (Miscellaneous Provisions) Act (No 2) 2000 . Assented to 8.12.2000. Date of commencement of Sch 1.8, assent, sec 2 (2). 2001 No 56 Statute Law (Miscellaneous Provisions) Act 2001 . Assented to 17.7.2001. Date of commencement of Sch 1.3, assent, sec 2 (2). No 93 Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 . Assented to 6.12.2001. Date of commencement of Sch 2 [1] [4] [7]–[10A] [14] and [15], 26.10.2007, sec 2 (1) and GG No 132 of 28.9.2007, p 7325; Sch 2 [2] [3] [5] and [10B] were not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 ; Sch 2 [6] was not commenced and was repealed by the Environmental Planning Legislation Amendment Act 2006 No 123 ; Sch 2 [11]–[13] were not commenced and were repealed by the Building Legislation Amendment (Quality of Construction) Act 2002 No 134 . Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.2, assent, sec 2 (1). No 104 Fisheries Management Amendment Act 2001 . Assented to 11.12.2001. Date of commencement of Sch 2, 14.12.2001, sec 2 and GG No 190 of 14.12.2001, p 9830. No 121 Justices Legislation Repeal and Amendment Act 2001 . Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. No 126 Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 . Assented to 19.12.2001. Date of commencement, 6.9.2002, sec 2 and GG No 142 of 6.9.2002, p 7887. 2002 No 44 Environmental Planning and Assessment Amendment (Anti-Corruption) Act 2002 . Assented to 3.7.2002. Date of commencement, 5.7.2002, sec 2 and GG No 111 of 5.7.2002, p 5089. No 53 Statute Law (Miscellaneous Provisions) Act 2002 . Assented to 4.7.2002. Date of commencement of Sch 1.7, assent, sec 2 (2). No 55 Olympic Co-ordination Authority Dissolution Act 2002 . Assented to 8.7.2002. Date of commencement, 1.7.2002, sec 2. No 67 Rural Fires and Environmental Assessment Legislation Amendment Act 2002 . Assented to 10.7.2002. Date of commencement, 1.8.2002, sec 2 and GG No 122 of 26.7.2002, p 5545. No 76 Land and Environment Court Amendment Act 2002 . Assented to 2.10.2002. Date of commencement, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 763. No 78 Threatened Species Conservation Amendment Act 2002 . Assented to 2.10.2002. Date of commencement of Sch 2.1 [1]–[4] [6] and [7], 31.10.2005, sec 2 and GG No 132 of 28.10.2005, p 8938; date of commencement of Sch 2.1 [5] and [8]–[16], 31.1.2003, sec 2 and GG No 33 of 31.1.2003, p 600. No 92 Civil Liability Amendment (Personal Responsibility) Act 2002 . Assented to 28.11.2002. Date of commencement of Sch 4.2, 1.12.2004, sec 2 and GG No 187 of 26.11.2004, p 8550. No 94 Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Act 2002 . Assented to 28.11.2002. Date of commencement, assent, sec 2. No 103 Law Enforcement (Powers and Responsibilities) Act 2002 . Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. No 112 Statute Law (Miscellaneous Provisions) Act (No 2) 2002 . Assented to 29.11.2002. Date of commencement of Sch 2.4, assent, sec 2 (3). No 134 Building Legislation Amendment (Quality of Construction) Act 2002 . Assented to 18.12.2002. Date of commencement of Sch 1.1 [1]–[5] [31] [34] [35] [37]–[40] and [42]–[44], 1.2.2003, sec 2 (1) and GG No 25 of 24.1.2003, p 426; date of commencement of Sch 1.1 [14], 10.2.2003, sec 2 (2) and GG No 39 of 7.2.2003, p 763; Sch 1.1 [6]–[13] [15]–[30] [32] [33] [36] and [41] were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 No 95 . 2003 No 40 Statute Law (Miscellaneous Provisions) Act 2003 . Assented to 22.7.2003. Date of commencement of Sch 1.13 [1] and [11], 1.9.1980, Sch 1.13; date of commencement of Sch 1.13 [2]–[8] [10] and [13], assent, sec 2 (2); date of commencement of Sch 1.13 [9], 1.7.1998, Sch 1.13; Sch 1.13 [12] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2006 No 58 . No 60 Environmental Planning and Assessment Amendment (Development Consents) Act 2003 . Assented to 6.11.2003. Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10755. No 95 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 . Assented to 10.12.2003. Date of commencement of Sch 1 [1] [3]–[6] [13]–[18] [19] (to the extent that it gives effect to proposed sec 109E (3) (a)–(c) and (e)) [21]–[26] [29]–[31] [33] [34] [36]–[38] [40] and [41], 1.3.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [2] [7]–[12] [19] (proposed sec 109E (3) (a)–(c) and (e) excepted) [20] and [35], 1.1.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [27] [32] [39] and [42]–[44], assent, sec 2 (2); Sch 1 [28] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004 No 55 . 2004 No 40 State Water Corporation Act 2004 . Assented to 30.6.2004. Date of commencement of Sch 3.4, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 4983. No 91 Statute Law (Miscellaneous Provisions) Act (No 2) 2004 . Assented to 10.12.2004. Date of commencement of Sch 2.27, assent, sec 2 (2). 2005 No 19 Environmental Planning and Assessment Amendment (Development Contributions) Act 2005 . Assented to 18.5.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3573. No 43 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 . Assented to 16.6.2005. Date of commencement of Schs 1 and 4–6, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031; date of commencement of Schs 2 and 3, 30.9.2005, sec 2 and GG No 120 of 30.9.2005, p 7672. No 57 Building Legislation Amendment (Smoke Alarms) Act 2005 . Assented to 1.7.2005. Date of commencement, 1.5.2006, sec 2. No 64 Statute Law (Miscellaneous Provisions) Act 2005 . Assented to 1.7.2005. Date of commencement of Sch 1.9, assent, sec 2 (2). No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005 . Assented to 24.11.2005. Date of commencement of Schs 2.19 and 3, assent, sec 2 (2). No 115 Building Professionals Act 2005 . Assented to 7.12.2005. Date of commencement of Sch 3.2 [1]–[3] [10] [11] and [14]–[17], 1.3.2007, sec 2 (1) and GG No 16 of 25.1.2007, p 305; date of commencement of Sch 3.2 [4] [7]–[9] and [13], 23.6.2006, sec 2 (1) and GG No 82 of 23.6.2006, p 4564; date of commencement of Sch 3.2 [5] [6] [12] [18] and [19], 3.3.2006, sec 2 (1) and GG No 30 of 3.3.2006, p 1051. Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.1, assent, sec 2 (1). 2006 No 8 Environmental Planning and Assessment Amendment Act 2006 . Assented to 3.4.2006. Date of commencement, 30.6.2006, sec 2 and GG No 84 of 30.6.2006, p 4784. No 13 Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 . Assented to 11.4.2006. Date of commencement, 28.3.2006 (the date on which notice was given in Parliament for leave to introduce the Bill for this Act), sec 2. No 35 Pipelines Amendment Act 2006 . Assented to 31.5.2006. Date of commencement, 15.9.2006, sec 2 and GG No 116 of 15.9.2006, p 7969. No 43 Interpretation Amendment Act 2006 . Assented to 8.6.2006. Date of commencement of Sch 2.1, 26.1.2009, sec 2 (2) and GG No 20 of 23.1.2009, p 394. No 58 Statute Law (Miscellaneous Provisions) Act 2006 . Assented to 20.6.2006. Date of commencement of Sch 1.10, assent, sec 2 (2). No 123 Environmental Planning Legislation Amendment Act 2006 . Assented to 4.12.2006. Date of commencement of Sch 1, Sch 1 [6]–[31] and [42]–[46] excepted, assent, sec 2 (1); date of commencement of Sch 1 [6]–[8] [10]–[14] [16]–[19] [21] [22] [24]–[30] [42] and [43], 12.1.2007, sec 2 (2) (a) and GG No 5 of 12.1.2007, p 81; date of commencement of Sch 1 [9] [15] [20] [23] [31] and [44]–[46], 20.7.2007, sec 2 (2) (a) and GG No 92 of 20.7.2007, p 4647. No 125 Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 . Assented to 4.12.2006. Date of commencement, assent, sec 2. 2007 (29) Order. GG No 21 of 31.1.2007, p 494. Date of commencement, on gazettal. No 27 Statute Law (Miscellaneous Provisions) Act 2007 . Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2). No 29 Brothels Legislation Amendment Act 2007 . Assented to 4.7.2007. Date of commencement, 1.10.2007, sec 2 and GG No 132 of 28.9.2007, p 7324. (354) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Order 2007 . GG No 93 of 20.7.2007, p 4807. Date of commencement, 20.7.2007, cl 2. (533) Environmental Planning and Assessment (Wagga Wagga City Council Planning Panel) Order 2007 . GG No 166 of 7.11.2007, p 8301. Date of commencement, on gazettal, cl 2. No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2007 . Assented to 7.12.2007. Date of commencement of Sch 4, assent, sec 2 (1). No 92 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Sch 4, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867. No 94 Miscellaneous Acts (Local Court) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Schs 1.39 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. (604) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) Order 2007 . GG No 183 of 17.12.2007, p 9799. Date of commencement, 21.1.2008, cl 2. 2008 (56) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) (Repeal) Order 2008 . GG No 28 of 3.3.2008, p 1415. Date of commencement, on gazettal. (57) Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 . GG No 28 of 3.3.2008, p 1417. Date of commencement, on gazettal. No 36 Environmental Planning and Assessment Amendment Act 2008 . Assented to 25.6.2008. Date of commencement of Sch 1.1 (except Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph and Sch 1.1 [15]) and 1.2 (except Sch 1.2 [21]) and 2.1 [51] (except to the extent that it inserts sec 118 (12) (d)), 1.7.2009, sec 2 and 2009 (254) LW 26.6.2009; Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; date of commencement of Schs 1.1 [15] and 2.1 [15] and [22]–[25], 27.2.2009, sec 2 and GG No 20 of 23.1.2009, p 393; date of commencement of Sch 1.2 [21], Sch 2.1 [1] [2] [3] (to the extent that it inserts the definitions of independent hearing and assessment panel , Planning Assessment Commission and planning assessment panel ) [6] [7] [8] (except to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1A)) [10]–[12] [13] (to the extent that it inserts Divs 1, 2 (other than secs 23D (1) (d) and 23F (3)), 4 and 6 (other than secs 23O (2) and (4) and 23P) of Part 2A) [39] [40] [42]–[44] [45] (to the extent that it inserts sec 118 (7B) and (7C)) [46]–[50] [51] (to the extent that it inserts sec 118 (12) (d)) [52]–[55] and [56] (to the extent that it inserts Sch 3), Sch 2.2 [1]–[9] [11]–[15] [16] (except to the extent that it omits sec 80 (8)) [27] [47]–[54] and [59]–[74] and [75] (to the extent that it inserts the heading to Div 3 of Part 21 of Sch 6 and cl 124) and Sch 4.1 [1] [2] (to the extent that it inserts the definition of accredited certifier ) [6] [9] [15] and [23], 3.11.2008, sec 2 and GG No 137 of 29.10.2008, p 10441; date of commencement of Sch 2.1 [3] (to the extent that it inserts the definition of joint regional planning panel ) [8] (to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1B)) [13] (to the extent that it inserts sec 23D (1) (d), Div 3 of Part 2A and sec 23O (2)) [27] (except to the extent that it inserts sec 89C) [41] [45] (to the extent that it inserts sec 118 (7A)) and [56] (to the extent that it inserts Sch 4), Sch 2.2 [10] [19] [33] [39] [46] and [55]–[58] and Sch 5.1 [5], 1.7.2009, sec 2 and 2009 (255) LW 26.6.2009; Sch 2.1 [3] (to the extent that it inserts the definition of planning arbitrator ) [13] (except to the extent that it inserts Divs 1, 2 (other than sec 23F (3)), 3, 4 and 6 (other than secs 23O (4) and 23P) of Part 2A) [20] [27] (to the extent that it inserts sec 89C) [32]–[35] and 2.2 [16] (to the extent that it omits sec 80 (8)) [20]–[25] [31] [32] and [34]–[38] were not commenced and were repealed by the Planning Appeals Legislation Amendment Act 2010 No 120 ; date of commencement of Sch 2.1 [4] (to the extent that it omits sec 20) [37] (to the extent that it inserts sec 97B) and [56] (to the extent to which it omits Schs 3 and 5), Sch 2.2 [75] (to the extent to which it inserts cl 125 of Sch 6) and Sch 4.1 [13] [14] and [24]–[26], 1.9.2008, sec 2 and GG No 100 of 22.8.2008, p 7687; Sch 2.1 [4] (except to the extent that it omits sec 20) was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 ; date of commencement of Sch 2.1 [5], Sch 4.1 [7] [8] [12] [20]–[22] [31] and [32] (except to the extent that it inserts cl 132 of Div 5 of Part 21 of Sch 6) and Sch 5.1 [10] and [12], 1.8.2008, sec 2 and GG No 91 of 23.7.2008, p 7278; Sch 2.1 [14] was not commenced and was repealed by the Regulatory Reform and Other Legislative Repeals Act 2015 No 48 ; date of commencement of Schs 2.1 [16] and 5.1 [2], 25.2.2011, sec 2 and 2010 (654) LW 1.12.2010; date of commencement of Schs 2.1 [21] and 5.1 [1] [3] [4] [6] [8] and [11], 26.10.2009, sec 2 and 2009 (509) LW 23.10.2009; Sch 2.1 [28] and [29] and so much of Sch 2.2 [75] as inserts cl 126 (2) of Sch 6 were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 ; Sch 3.1 [5] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; Sch 4.1 [2] (except to the extent that it inserts the definition of accredited certifier ) and [17] were not commenced and were repealed by the Environmental Planning and Assessment Amendment Act 2012 No 93 ; date of commencement of Sch 4.1 [27] and [29], 2.3.2009, sec 2 and GG No 29 of 6.2.2009, p 563; date of commencement of Sch 4.1 [28] and [30], 25.2.2011, sec 2 and 2010 (757) LW 20.12.2010; date of commencement of Sch 5.1 [7] and [9], 8.3.2013, sec 2 and 2013 (89) LW 8.3.2013; the remainder was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 . Assented to 10.12.2008. Date of commencement of Sch 4, assent, sec 2 (1). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 . Assented to 14.12.2009. Date of commencement of Schs 1.7 and 2, 8.1.2010, sec 2 (2). Amended by Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 . Assented to 26.5.2010. Date of commencement, assent, sec 2. Amended by Planning Appeals Legislation Amendment Act 2010 No 120 . Assented to 29.11.2010. Date of commencement of Sch 3, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. No 44 Local Government and Planning Legislation Amendment (Political Donations) Act 2008 . Assented to 30.6.2008. Date of commencement, 1.10.2008, sec 2 and GG No 118 of 19.9.2008, p 9282. No 62 Statute Law (Miscellaneous Provisions) Act 2008 . Assented to 1.7.2008. Date of commencement of Sch 2.21, 1.1.2008, Sch 2.21. (509) Special Contributions Area (Wyong Employment Zone) Order 2008 . GG No 147 of 14.11.2008, p 10952. Date of commencement, on gazettal. (510) Special Contributions Area (Warnervale) Order 2008 . GG No 147 of 14.11.2008, p 10953. Date of commencement, on gazettal. No 86 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Act 2008 . Assented to 19.11.2008. Date of commencement of Sch 2, assent, sec 2 (1). No 114 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 . Assented to 10.12.2008. Date of commencement of Sch 1.8 [1]–[6]: not in force; date of commencement of Schs 1.8 [7] and 3, assent, sec 2 (2). 2009 No 17 Real Property and Conveyancing Legislation Amendment Act 2009 . Assented to 13.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). No 34 Heritage Amendment Act 2009 . Assented to 9.6.2009. Date of commencement of Sch 2 [1] and [2], 1.7.2009, sec 2 (3) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [3], 1.7.2009, sec 2 (4) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [4]–[6], 16.10.2009, sec 2 (1) and 2009 (503) LW 16.10.2009; date of commencement of Sch 2 [7]–[9], 3.11.2008, sec 2 (2). No 56 Statute Law (Miscellaneous Provisions) Act 2009 . Assented to 1.7.2009. Date of commencement of Sch 1.13 [1]–[5], 17.7.2009, sec 2 (2); date of commencement of Sch 1.13 [6] [8] and [9], 25.2.2011, Sch 1.13 and 2011 (63) LW 17.2.2011; Sch 1.13 [7] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2014 No 88 ; date of commencement of Sch 2.15, 17.7.2009, sec 2 (2); date of commencement of Sch 4, 17.7.2009, sec 2 (1). No 58 Aboriginal Land Rights Amendment Act 2009 . Assented to 16.9.2009. Date of commencement, 31.3.2010, sec 2 and 2009 (624) LW 24.12.2009. (512) Environmental Planning and Assessment Amendment (Hunter Special Contributions Area) Order 2009 . LW 23.10.2009. Date of commencement, on publication on LW, cl 2. No 106 Statute Law (Miscellaneous Provisions) Act (No 2) 2009 . Assented to 14.12.2009. Date of commencement of Schs 1.6 and 2, 8.1.2010, sec 2 (2). 2010 (15) Environmental Planning and Assessment Amendment (Wollongong City Centre Special Contributions Area) Order 2009 . LW 22.1.2010. Date of commencement, on publication on LW, cl 2. No 19 Relationships Register Act 2010 . Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). No 25 Environmental Planning and Assessment Amendment (Development Consents) Act 2010 . Assented to 26.5.2010. Date of commencement, assent, sec 2. No 38 National Parks and Wildlife Amendment Act 2010 . Assented to 15.6.2010. Date of commencement of Sch 3.2 [1] [4] and [5], 1.10.2010, sec 2 and 2010 (344) LW 2.7.2010; date of commencement of Sch 3.2 [2] [3] and [6], 2.7.2010, sec 2 and 2010 (344) LW 2.7.2010. No 39 Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010 . Assented to 15.6.2010. Date of commencement, 2.7.2010, sec 2 and 2010 (345) LW 2.7.2010. No 59 Statute Law (Miscellaneous Provisions) Act 2010 . Assented to 28.6.2010. Date of commencement of Sch 1.11, 9.7.2010, sec 2 (2). (464) Environmental Planning and Assessment (Cessnock City Council Planning Panel) Order 2010 . LW 23.8.2010. Date of commencement, on publication on LW, cl 2. (545) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Amendment Order 2010 . LW 24.9.2010. Date of commencement, 30.9.2010, cl 2. No 78 Coastal Protection and Other Legislation Amendment Act 2010 . Assented to 27.10.2010. Date of commencement of Sch 3.2, 1.1.2011, sec 2 and 2010 (713) LW 17.12.2010. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119 . Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). No 119 Statute Law (Miscellaneous Provisions) Act (No 2) 2010 . Assented to 29.11.2010. Date of commencement of Schs 1.12 and 3, 7.1.2011, sec 2 (2). No 120 Planning Appeals Legislation Amendment Act 2010 . Assented to 29.11.2010. Date of commencement of Sch 1, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. 2011 (20) Environmental Planning and Assessment Amendment (Western Sydney Growth Areas—Special Contributions Area) Order 2011 . LW 21.1.2011. Date of commencement, 24.1.2011, cl 2. (133) Nation Building and Jobs Plan (State Infrastructure Delivery) Amendment (Planning Legislation) Regulation 2011 . LW 3.3.2011. Date of commencement, on publication on LW, cl 2. (187) Environmental Planning and Assessment (Ku-ring-gai Planning Panel Repeal) Order 2011 . LW 7.4.2011. Date of commencement, on publication on LW, cl 2. No 22 Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 . Assented to 27.6.2011. Date of commencement of Sch 1, Sch 1.2 [28] excepted, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011; Sch 1.2 [28] was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . No 27 Statute Law (Miscellaneous Provisions) Act 2011 . Assented to 27.6.2011. Date of commencement of Schs 2.14 and 3, 8.7.2011, sec 2 (2). No 41 Transport Legislation Amendment Act 2011 . Assented to 13.9.2011. Date of commencement of Sch 5.5, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. (491) Environmental Planning and Assessment (Abolition of Wagga Wagga City Council Planning Panel) Order 2011 . LW 16.9.2011. Date of commencement, on publication on LW, cl 2. (510) Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 . LW 28.9.2011. Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011. No 62 Statute Law (Miscellaneous Provisions) Act (No 2) 2011 . Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1); date of commencement of Sch 2.12, 6.1.2012, sec 2 (1). (606) Environmental Planning and Assessment Further Amendment (Part 3A Repeal) Regulation 2011 . LW 1.12.2011. Date of commencement, 1.12.2011, cl 2. 2012 (26) Environmental Planning and Assessment (Cessnock City Council Planning Panel Repeal) Order 2012 . LW 27.1.2012. Date of commencement, on publication on LW, cl 2. (100) Environmental Planning and Assessment Amendment (North West Rail Link) Regulation 2012 . LW 13.3.2012. Date of commencement, on publication on LW, cl 2. No 42 Statute Law (Miscellaneous Provisions) Act 2012 . Assented to 21.6.2012. Date of commencement of Schs 1.6, 2.14 and 4.5, 6.7.2012, sec 2 (1). (346) Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2012 . LW 27.7.2012. Date of commencement, on publication on LW, cl 2. (397) Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 . LW 24.8.2012. Date of commencement, on publication on LW, cl 2. No 93 Environmental Planning and Assessment Amendment Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 1 [1]–[15] [26] and [27], 1.3.2013, sec 2 (1) and 2013 (78) LW 1.3.2013; date of commencement of Sch 1 [16]–[25], 8.3.2013, sec 2 (1) and 2013 (90) LW 8.3.2013. No 96 Forestry Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 4.7, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. 2013 No 44 Local Government Amendment (Early Intervention) Act 2013 . Assented to 25.6.2013. Date of commencement, assent, sec 2. (578) Environmental Planning and Assessment Amendment (Gateway Process for Strategic Agricultural Land) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. (579) Environmental Planning and Assessment Amendment (Transitional Arrangements—Repeal of Part 3A) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. No 111 Statute Law (Miscellaneous Provisions) Act (No 2) 2013 . Assented to 3.12.2013. Date of commencement of Schs 1 and 2, 3.1.2014, sec 2 (1). 2014 No 10 Mining and Petroleum Legislation Amendment Act 2014 . Assented to 14.5.2014. Date of commencement, assent, sec 2. (463) Environmental Planning and Assessment Amendment (Mining and Petroleum Development) Regulation 2014 . LW 25.7.2014. Date of commencement, on publication on LW, cl 2. (612) Environmental Planning and Assessment Amendment (Redfern–Waterloo) Regulation 2014 . LW 12.9.2014. Date of commencement, on publication on LW, cl 2. No 57 Water Industry Competition Amendment (Review) Act 2014 . Assented to 23.10.2014. Date of commencement of Sch 2.2 [1], 5.3.2015, sec 2 and 2015 (109) LW 5.3.2015; date of commencement of Sch 2.2 [2]: not in force. No 72 Marine Estate Management Act 2014 . Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. No 74 Water NSW Act 2014 . Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. No 79 Environmental Planning and Assessment Amendment Act 2014 . Assented to 19.11.2014. Date of commencement of Schs 1 [1]–[12] and 2, 31.7.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Schs 1 [13] and 4 [6], 30.9.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Sch 3 [1] [3] and [17], 30.11.2015, sec 2 (1) and 2015 (313) LW 19.6.2015; Sch 3 [2] and [4]–[14] were not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 3 [15] and [16], 1.3.2018, sec 2 (1) and 2018 (63) LW 28.2.2018; date of commencement of Sch 4 [1]–[5] and [7], assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act 2015 No 15 . Assented to 29.6.2015. Date of commencement of Sch 1.9 [1], assent, Sch 1.9; date of commencement of Sch 2.19, 8.7.2015, sec 2 (1). 2015 No 5 Electricity Network Assets (Authorised Transactions) Act 2015 . Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). No 15 Statute Law (Miscellaneous Provisions) Act 2015 . Assented to 29.6.2015. Date of commencement of Sch 1.8, 8.7.2015, sec 2 (1); date of commencement of Sch 3, 15.7.2015, sec 2 (3). (476) Environmental Planning and Assessment Amendment (Transitional Part 3A Approvals) Regulation 2015 . LW 21.8.2015. Date of commencement, on publication on LW, cl 2. No 26 Dams Safety Act 2015 . Assented to 28.9.2015. Date of commencement of Sch 3.1, 1.11.2019, sec 2(1) and 2019 (505) LW 18.10.2019. No 40 Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 . Assented to 2.11.2015. Date of commencement of Sch 3, 1.3.2016, sec 2 and 2016 (91) LW 26.2.2016. No 42 Protection of the Environment Operations Amendment (Enforcement of Gas and Other Petroleum Legislation) Act 2015 . Assented to 2.11.2015. Date of commencement, 1.12.2015, sec 2 and 2015 (695) LW 20.11.2015. No 50 Strata Schemes Management Act 2015 . Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. No 57 Greater Sydney Commission Act 2015 . Assented to 19.11.2015. Date of commencement, 27.1.2016, sec 2 and 2016 (1) LW 8.1.2016. 2016 (297) Environmental Planning and Assessment Amendment (Transitional) Regulation 2016 . LW 3.6.2016. Date of commencement, on publication on LW, cl 2. No 20 Coastal Management Act 2016 . Assented to 7.6.2016. Date of commencement, 3.4.2018, sec 2 and 2018 (110) LW 29.3.2018. Sch 4.1 [9] [10] and [14]–[17] were without effect. See also cl 4A of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 55 Statute Law (Miscellaneous Provisions) Act (No 2) 2016 . Assented to 25.10.2016. Date of commencement of Sch 3.9, 6.1.2017, sec 2 (1). No 63 Biodiversity Conservation Act 2016 . Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. 2017 No 17 Crown Land Legislation Amendment Act 2017 . Assented to 17.5.2017. Date of commencement of Sch 4.27 [1] and [2], 1.7.2018, sec 2 (1) and 2018 (225) LW 1.7.2018. Sch 4.27 [3] was without effect to this Act as Sch 6 to this Act was transferred to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 22 Statute Law (Miscellaneous Provisions) Act 2017 . Assented to 1.6.2017. Date of commencement of Sch 1.7, 7 days after assent, sec 2 (1). No 38 Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017 . Assented to 14.8.2017. Date of commencement, assent, sec 2. No 39 Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 . Assented to 14.8.2017. Date of commencement of Sch 1 [1]–[3] [7]–[10] [12] and [13], assent, sec 2 (1); Sch 1 [4] was not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 1 [11], 1.3.2018, sec 2 (2) and 2018 (65) LW 28.2.2018. No 47 Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 . Assented to 13.10.2017. Date of commencement, assent, sec 2. No 60 Environmental Planning and Assessment Amendment Act 2017 . Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. No 63 Statute Law (Miscellaneous Provisions) Act (No 2) 2017 . Assented to 23.11.2017. Date of commencement of Sch 4.17, 1.1.2018, Sch 4.17 and 2017 (685) LW 8.12.2017. No 65 Local Government Amendment (Regional Joint Organisations) Act 2017 . Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. No 69 Building Products (Safety) Act 2017 . Assented to 30.11.2017. Date of commencement of Sch 2.4 [1] and [2], 18.12.2017, sec 2 (1) and 2017 (715) LW 15.12.2017; date of commencement of Sch 2.4 [3], 1.3.2018, sec 2 (3) and 2018 (64) LW 28.2.2018; date of commencement of Sch 2.4 [4], 1.3.2018, sec 2 (4) and 2018 (64) LW 28.2.2018. 2018 No 20 Electoral Funding Act 2018 . Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. No 25 Statute Law (Miscellaneous Provisions) Act 2018 . Assented to 15.6.2018. Date of commencement of Sch 2.7, 1.8.2018, sec 2 (3); date of commencement of Sch 4, assent, sec 2 (4). (469) Environmental Planning and Assessment Amendment (Regional Planning Panel) Order 2018 . LW 24.8.2018. Date of commencement, on publication on LW, cl 2. (500) Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018 . LW 31.8.2018. Date of commencement, 1.9.2018, cl 2. (593) Environmental Planning and Assessment Amendment (Gosford City Centre Special Contributions Area) Order 2018 . LW 12.10.2018. Date of commencement, on publication on LW, cl 2. No 59 Emergency Services Legislation Amendment Act 2018 . Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). No 63 Building and Development Certifiers Act 2018 . Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. No 66 Planning Legislation Amendment (Greater Sydney Commission) Act 2018 . Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. No 68 Statute Law (Miscellaneous Provisions) Act (No 2) 2018 . Assented to 31.10.2018. Date of commencement of Sch 1.12, 8.1.2019, sec 2 (1). No 70 Government Sector Finance Legislation (Repeal and Amendment) Act 2018 . Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. 2019 (74) Environmental Planning and Assessment Amendment (Sydney Eastern City Planning Panel) Order 2019 . LW 15.2.2019. Date of commencement, on publication on LW, cl 2. No 1 Statute Law (Miscellaneous Provisions) Act 2019 . Assented to 17.6.2019. Date of commencement of Sch 2.12, 14 days after assent, sec 2 (1). No 14 Statute Law (Miscellaneous Provisions) Act (No 2) 2019 . Assented to 21.11.2019. Date of commencement of Sch 2.6, 14 days after assent, sec 2(1). (571) Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 . LW 29.11.2019. Date of commencement, on publication on LW, cl 2. 2020 No 1 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 . Assented to 25.3.2020. Date of commencement, assent, sec 2. No 5 COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 . Assented to 14.5.2020. Date of commencement of Sch 1.11, assent, sec 2(1). (518) Environmental Planning and Assessment Amendment (St Leonards and Crows Nest Special Contributions Area) Order 2020 . LW 31.8.2020. Date of commencement, on publication on LW, cl 2. No 30 Statute Law (Miscellaneous Provisions) Act 2020 . Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). (640) Environmental Planning and Assessment Amendment (Bayside West Special Contributions Area) Order 2020 . LW 30.10.2020. Date of commencement, on publication on LW, cl 2. No 40 Liquor Amendment (Night-time Economy) Act 2020 . Assented to 27.11.2020. Date of commencement of Schs 4.3 and 6, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. 2021 No 5 COVID-19 Recovery Act 2021 . Assented to 25.3.2021. Date of commencement of Sch 1.12, assent, sec 2(1). No 6 Community Land Development Act 2021 . Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. (264) Environmental Planning and Assessment Amendment (Illawarra Shoalhaven Special Contributions Area) Order 2021 . LW 4.6.2021. Date of commencement, on publication on LW, cl 2. 2022 No 5 COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 . Assented to 24.3.2022. Date of commencement of Sch 1.8, 1.4.2022, sec 2(2). (104) Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis Special Contributions Area) Order 2022 . LW 25.3.2022. Date of commencement, on publication on LW, sec 2. (124) Environmental Planning and Assessment Amendment (Frenchs Forest Special Contributions Area) Order 2021 . LW 1.4.2022. Date of commencement, on publication on LW, sec 2. No 8 Greater Cities Commission Act 2022 . Assented to 13.4.2022. Date of commencement, assent, sec 2. (428) Environmental Planning and Assessment Amendment (Pyrmont Peninsula Special Contributions Area) Order 2022 . LW 29.7.2022. Date of commencement, on publication on LW, sec 2. (579) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022 . LW 30.9.2022. Date of commencement, 3.4.2023, sec 2. No 59 Statute Law (Miscellaneous Provisions) Act (No 2) 2022 . Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. No 80 NSW Reconstruction Authority Act 2022 . Assented to 28.11.2022. Date of commencement of Sch 5.1[1] and [2], 16.12.2022, sec 2(b) and 2022 (859) LW 16.12.2022; date of commencement of Sch 5.1[3] and [4], assent, sec 2(a)(ix). 2023 (95) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 . LW 2.3.2023. Date of commencement, 3.4.2023, sec 2. No 7 Statute Law (Miscellaneous Provisions) Act 2023 . Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. No 10 Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 . Assented to 13.7.2023. Date of commencement, 1.10.2023, sec 2 and 2023 (545) LW 29.9.2023. 2023 No 35 Statute Law (Miscellaneous Provisions) Act (No 2) 2023 . Assented to 30.10.2023. Date of commencement of Sch 2.2, 1.10.2023, sec 2(b) and 2023 (545) LW 29.9.2023; date of commencement of Sch 4, assent, sec 2(c). No 52 Greater Cities Commission Repeal Act 2023 . Assented to 12.12.2023. Date of commencement, 1.1.2024, sec 2. No 53 24-Hour Economy Commissioner Act 2023 . Assented to 12.12.2023. Date of commencement of Sch 4.1, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024. 2024 No 12 Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 . Assented to 25.3.2024. Date of commencement, 13.12.2024, sec 2 and 2024 (623) LW 13.12.2024. No 28 Environmental Planning and Assessment Amendment (Vibrancy Reforms) Act 2024 . Assented to 31.5.2024. Date of commencement, 1.11.2025, sec 2 and 2025 (516) LW 26.9.2025. Amended by Statute Law (Miscellaneous Provisions) Act 2024 No 47 . Assented to 9.8.2024. Date of commencement, assent, sec 2. No 72 Environmental Planning and Assessment Amendment (Certification) Act 2024 . Assented to 23.10.2024. Date of commencement, assent, sec 2. No 76 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2024 . Assented to 31.10.2024. Date of commencement of Sch 5.1, 13.3.2026, sec 2(a) and 2026 (81) LW 13.3.2026. Amended by 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2025 No 73 . Assented to 24.11.2025. Date of commencement of Sch 3.1, 1.12.2025, sec 2(c). No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2024 . Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). No 91 Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 . Assented to 2.12.2024. Date of commencement, assent, sec 2. 2025 No 24 Environmental Planning and Assessment Amendment Act 2025 . Assented to 22.5.2025. Date of commencement of Sch 1[1] [3]–[25] [35] [42] [45] and [47]: not in force; date of commencement of Sch 1[2] [26]–[34] [36]–[41] [43] [44] and [46], assent, sec 2(b). No 48 Statute Law (Miscellaneous Provisions) Act 2025 . Assented to 15.8.2025. Date of commencement of Sch 2.3, assent, sec 2(e). No 71 Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 . Assented to 24.11.2025. Date of commencement of Sch 1[1] [2], to the extent it inserts definitions of Development Coordination Authority and Housing Delivery Authority , [5] [9] [16] [20]–[24] [40]–[42] [49] [56]–[58] [60] [63] [64], to the extent it inserts sec 4.15(1A) and (1B), [66] [77] [79]–[83] [95] [108]–[112] [115]–[118] [149] [150] [153] [161] [170] [178] [179] [184] [186] and [189]–[191], 15.12.2025, sec 2 and 2025 (704) LW 15.12.2025; date of commencement of Sch 1[2], except to the extent it inserts definitions of Development Coordination Authority and Housing Delivery Authority , [3] [4] [6]–[8] [10]–[15] [17]–[19] [25]–[39] [43]–[48] [50]–[55] [59] [61] [62] [64], except to the extent it inserts sec 4.15(1A) and (1B), [65] [67]–[76] [78] [84]–[94] [96]–[107] [113] [114] [119]–[148] [151] [152] [154]–[160] [162]–[169] [171]–[177] [180]–[183] [185] [187] and [188]: not in force. Regulations amending this Act made prior to 1.4.2005 are listed only in the historical table of amendments in the Legislative history.
— Removed in the later version —
For information concerning this Act prior to the renumbering by 2017 No 60, see item (1) of the historical table of amendments in the Legislative history. Secs 1.1, 1.2 (previously secs 1, 2) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.3 Ins 2017 No 60, Sch 1.1. Am 2025 No 71, Sch 1[1]. Sec 1.4 (previously sec 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]; 2025 No 71, Sch 1[2] [5]. Sec 1.5 Ins 2017 No 60, Sch 1.2 [9]. Am 2018 No 63, Sch 3.3[3]. Sec 1.6 Ins 2017 No 60, Sch 1.2 [9]. Sec 1.7 (previously sec 5AA) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.8 Ins 2023 No 52, Sch 1[2]. Part 2 Ins 2017 No 60, Sch 2.1 [1]. Div 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.4 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3]; 2025 No 71, Sch 1[9]. Div 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.6 Ins 2017 No 60, Sch 2.1 [1]. Div 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.8 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 66, Sch 1 [1]. Sec 2.9 Ins 2017 No 60, Sch 2.1 [1]. Am 2024 No 72, Sch 1[1]. Sec 2.10 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.11 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 25, Sch 4 [7]. Div 2.3A Ins 2025 No 71, Sch 1[16]. Sec 2.11A Ins 2025 No 71, Sch 1[16]. Sec 2.11B Ins 2025 No 71, Sch 1[16]. Sec 2.11C Ins 2025 No 71, Sch 1[16]. Sec 2.11D Ins 2025 No 71, Sch 1[16]. Div 2.3B Ins 2025 No 71, Sch 1[16]. Sec 2.11E Ins 2025 No 71, Sch 1[16]. Sec 2.11F Ins 2025 No 71, Sch 1[16]. Sec 2.11G Ins 2025 No 71, Sch 1[16]. Sec 2.11H Ins 2025 No 71, Sch 1[16]. Sec 2.11I Ins 2025 No 71, Sch 1[16]. Div 2.4 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.12 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]–[6]. Sec 2.13 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [1]. Secs 2.14–2.16 Ins 2017 No 60, Sch 2.1 [1]. Div 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.17 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]; 2025 No 71, Sch 1[20]. Sec 2.18 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2]; 2025 No 71, Sch 1[21] [22]. Sec 2.19 Ins 2017 No 60, Sch 2.1 [1]. Am 2025 No 71, Sch 1[23] [24]. Sec 2.20 Ins 2017 No 60, Sch 2.1 [1]. Div 2.6 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.21 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[4]. Sec 2.22 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.23 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 59, Sch 2.18[1]. Sec 2.24 Ins 2017 No 60, Sch 2.1 [1]. Div 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.25 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.26 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.27 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.28 Ins 2017 No 60, Sch 2.1 [1]. Am 2025 No 71, Sch 1[40]. Sec 2.29 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.30 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.31 Ins 2017 No 60, Sch 2.1 [1]. Part 3, heading Ins 2017 No 60, Sch 3.2 [1]. Part 3, note Ins 2017 No 60, Sch 3.2 [1]. Div 3.1, heading Ins 2017 No 60, Sch 3.2 [2]. Div 3.1 (previously Part 3B) Renumbered 2017 No 60, Sch 3.2 [3]. Sec 3.1 (previously sec 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]. Sec 3.2 (previously sec 75AB) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.3 (previously sec 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]. Sec 3.4 (previously sec 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]. Sec 3.5 (previously sec 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]. Sec 3.6 (previously sec 75AFI) Renumbered 2017 No 60, Sch 3.2 [4]. Subst 2023 No 52, Sch 1[8]. Sec 3.6A Ins 2023 No 52, Sch 1[8]. Sec 3.7 (previously sec 75AG) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.8 (previously sec 75AI) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[9] [10]. Sec 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]. Sec 3.10 (previously sec 75AJ) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [8]. Sec 3.11 (previously sec 75AK) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.12 (previously sec 75AL) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[14]. Div 3.2, heading (previously Part 3, Div 1, heading) Renumbered 2017 No 60, Sch 3.2 [6]. Sec 3.13(previously sec 24) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.14 (previously sec 26) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2025 No 71, Sch 1[41]. Sec 3.15 (previously sec 27) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.16 (previously sec 28) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.17 (previously sec 29) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.18 (previously sec 30) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.19 (previously sec 31) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.20 (previously sec 33A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [9]. Sec 3.21 (previously sec 73) Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [5]. Sec 3.22 (previously sec 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]; 2025 No 71, Sch 1[42]. Sec 3.23 (previously sec 33C) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.24 (previously sec 34) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [11]. Sec 3.25 (previously sec 34A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.26–3.28 (previously secs 34B–36) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.3, heading Ins 2017 No 60, Sch 3.2 [7]. Sec 3.29 (previously sec 37) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.30 (previously sec 38) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [6]; 2023 No 52, Sch 1[15]. Div 3.4, heading Ins 2017 No 60, Sch 3.2 [10]. Sec 3.31 Ins 2017 No 60, Sch 3.1 [3]. Am 2018 No 66, Sch 1 [7]. Sec 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]. Sec 3.33 (previously sec 55) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.34 (previously sec 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]. Sec 3.35 (previously sec 58) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [14]; 2018 No 66, Sch 1 [5] [10]. Secs 3.36, 3.37 (previously secs 59, 60) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Div 3.5, heading Ins 2017 No 60, Sch 3.2 [11]. Secs 3.38–3.40 (previously secs 72I–72K) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.6, heading Ins 2017 No 60, Sch 3.2 [14]. Sec 3.41 (previously sec 74B) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.42, 3.43 (previously secs 74BA, 74C) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.44 (previously sec 74D) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [12]. Sec 3.45 (previously sec 74E) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.46 (previously sec 74F) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [9] [13]. Part 4, heading Ins 2017 No 60, Sch 4.2 [2]. Div 4.1, heading (previously Part 4, Div 1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.1–4.4 (previously secs 76–76C) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.2 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.5 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.6 Ins 2017 No 60, Sch 4.1 [4]. Am 2025 No 71, Sch 1[49]. Sec 4.7 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.8 Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1]. Div 4.3, heading (previously Part 4, Div 2, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.9–4.11 (previously secs 77–78) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.12 (previously sec 78A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16]; 2025 No 71, Sch 1[56]. Sec 4.13 (previously sec 79B) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1; 2025 No 71, Sch 1[57] [58] [60]. Sec 4.14 (previously sec 79BA) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.15 (previously sec 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]; 2025 No 71, Sch 1[63] [64]. Sec 4.16 (previously sec 80) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [18]; 2018 No 63, Sch 3.3[4]. Sec 4.17 (previously sec 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]; 2025 No 71, Sch 1[66]. Sec 4.18 (previously sec 81) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [19] [20]. Sec 4.19 Ins 2017 No 60, Sch 6.2 [5]. Sec 4.20 Ins 2017 No 60, Sch 8.1 [1]. Div 4.4, heading (previously Part 4, Div 2A, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.21 (previously sec 83A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.22 (previously sec 83B) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.23 (previously sec 83C) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.24 (previously sec 83D) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[26] [27]. Div 4.5, heading (previously Part 4, Div 3, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.25, 4.26 (previously secs 84, 84A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.27 (previously sec 85) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [21]. Sec 4.28 (previously sec 85A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Secs 4.29, 4.30 (previously secs 86A, 87) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.31 Ins 2017 No 60, Sch 4.1 [9]. Div 4.6, heading (previously Part 4, Div 4, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.32 (previously sec 88) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2]; 2025 No 71, Sch 1[77]. Sec 4.33 (previously sec 89) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]; 2025 No 71, Sch 1[79]–[81]. Sec 4.34 (previously sec 89A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]; 2025 No 71, Sch 1[82]. Sec 4.35 (previously sec 89B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.7, heading (previously Part 4, Div 4.1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.36 (previously sec 89C) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [23]; 2025 No 24, Sch 1[28]. Sec 4.37 Ins 2017 No 60, Sch 4.1 [10]. Sec 4.38 (previously sec 89E) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2024 No 91, Sch 1[1]. Sec 4.39 (previously sec 89G) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.40 (previously sec 89H) Renumbered 2017 No 60, Sch 4.2 [1]. Subst 2025 No 71, Sch 1[83]. Sec 4.41 (previously sec 89J) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [4]. Sec 4.42 (previously sec 89K) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2022 No 59, Sch 2.18[2]. Sec 4.43 (previously sec 89L) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.8, heading (previously Part 4, Div 5, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.44–4.48 (previously secs 90–92) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.49 (previously sec 92A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [24]. Secs 4.50–4.52 (previously secs 93–93B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.9, heading (previously Part 4, Div 7, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.53 (previously sec 95) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Subst 2025 No 71, Sch 1[95]. Sec 4.54 (previously sec 95A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.55 (previously sec 96) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]. Sec 4.56 (previously sec 96AA) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]. Sec 4.57 (previously sec 96A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4]; 2025 No 71, Sch 1[108]. Div 4.10, heading (previously Part 4, Div 9, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.58–4.63 (previously secs 100–104A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.64 (previously sec 105) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6]; 2025 No 71, Sch 1[109] [110]. Div 4.11, heading (previously Part 4, Div 10, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.65 (previously sec 106) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.66 (previously sec 107) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]; 2025 No 71, Sch 1[111]. Sec 4.67 (previously sec 108) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.68 (previously sec 109) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]; 2025 No 71, Sch 1[112]. Sec 4.69 (previously sec 109A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [26]. Sec 4.70 (previously sec 109B) Renumbered 2017 No 60, Sch 4.2 [1]. Part 5, heading Ins 2017 No 60, Sch 5.2 [1]. Div 5.1, heading (previously Part 5, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2017 No 60, Sch 5.2 [2]. Div 5.1 (previously Part 5) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 1, heading (previously Part 5, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.1 (previously sec 110) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.2 (previously sec 110A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [27]. Secs 5.3, 5.4 (previously secs 110B, 110E) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 2, heading (previously Part 5, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.5 (previously sec 111) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.6 (previously sec 111A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Div 5.1, Subdiv 3, heading (previously Part 5, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Secs 5.7, 5.8 (previously secs 112, 113) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Secs 5.9, 5.10 (previously secs 114, 115) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.2, heading (previously Part 5.1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 1, heading (previously Part 5.1, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.11 (previously sec 115T) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.12 (previously sec 115U) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2025 No 71, Sch 1[115]. Sec 5.13 (previously sec 115V) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28]. Div 5.2, Subdiv 2, heading (previously Part 5.1, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.14 (previously sec 115W) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.15–5.19 (previously secs 115X–115ZB) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Div 5.2, Subdiv 3, heading (previously Part 5.1, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.20, 5.21 (previously secs 115ZD, 115ZE) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 4, heading (previously Part 5.1, Div 4, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.22 (previously sec 115ZF) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [29] [30]. Sec 5.23 (previously sec 115ZG) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2016 No 20, Sch 4.1 [5]. Sec 5.24 (previously sec 115ZH) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2022 No 59, Sch 2.18[2]. Div 5.2, Subdiv 5, heading (previously Part 5.1, Div 5, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.25 (previously sec 115ZI) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Secs 5.26, 5.27 (previously secs 115ZJ, 115ZK) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.28 (previously sec 115ZL) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.29 (previously sec 115ZM) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.3 (secs 5.30–5.32) Ins 2017 No 60, Sch 5.1 [1]. Part 6 Ins 2017 No 60, Sch 6.1. Divs 6.1–6.6 Ins 2017 No 60, Sch 6.1. Sec 6.1 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[7] [8]; 2024 No 72, Sch 1[2]. Sec 6.2 Ins 2017 No 60, Sch 6.1. Am 2021 No 6, Sch 5.6. Secs 6.3, 6.4 Ins 2017 No 60, Sch 6.1. Sec 6.5 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[4]; 2018 No 68, Sch 1.12 [1]; 2023 No 10, Sch 1[3]. Sec 6.5A Ins 2024 No 72, Sch 1[3]. Sec 6.6 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[9]. Secs 6.7–6.11 Ins 2017 No 60, Sch 6.1. Sec 6.12 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[10]. Secs 6.13–6.21 Ins 2017 No 60, Sch 6.1. Div 6.7 Ins 2017 No 60, Sch 6.1. Sec 6.22 Ins 2017 No 60, Sch 6.1. Sec 6.23 Ins 2017 No 60, Sch 6.1. Am 2024 No 72, Sch 1[4]. Sec 6.24 Ins 2017 No 60, Sch 6.1. Sec 6.25 Ins 2017 No 60, Sch 6.1. Am 2017 No 69, Sch 2.4 [3]. Sec 6.26 Ins 2017 No 60, Sch 6.1. Div 6.8 (secs 6.27–6.35) Ins 2017 No 60, Sch 6.1. Part 7, heading Ins 2017 No 60, Sch 7.2 [3]. Div 7.1 (previously Part 4, Div 6) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 1 (previously Part 4, Div 6, Subdiv 1) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.1 (previously sec 93C93E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. Sec 7.2 (previously sec 93D) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.3 (previously sec 93E) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 2 (previously Part 4, Div 6, Subdiv 2) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.4 (previously sec 93F) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]; 2025 No 71, Sch 1[116]. Sec 7.5 (previously sec 93G) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.6 (previously sec 93H) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. Secs 7.7–7.10 (previously secs 93I–93L) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 3 (previously Part 4, Div 6, Subdiv 3) Renumbered 2017 No 60, Sch 7.2 [1]. Secs 7.11–7.13 (previously secs 94–94B) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.14 (previously sec 94C) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.15 (previously sec 94CA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.16 (previously sec 94D) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.17 (previously sec 94E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. Sec 7.18 (previously sec 94EA) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. Sec 7.19 (previously sec 94EAA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.20 (previously sec 94EB) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.21 (previously sec 94EC) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Div 7.1, Subdiv 4 (previously Part 4, Div 6, Subdiv 4) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.22 (previously sec 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. Sec 7.23 (previously sec 94EE) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.24 (previously sec 94EF) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.25 (previously sec 94EG) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.26 (previously sec 94EH) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.27 (previously sec 94EI) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.28 (previously sec 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]. Sec 7.29 (previously sec 94EK) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.30 (previously sec 94EL) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31 (previously sec 94EM) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 5 (previously Part 4, Div 6, Subdiv 5) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31A Ins 2023 No 10, Sch 1[8]. Sec 7.31B Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. Sec 7.31C Ins 2023 No 10, Sch 1[8]. Sec 7.31D Ins 2023 No 10, Sch 1[8]. Sec 7.31E Ins 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 6 Ins 2023 No 10, Sch 1[8]. Sec 7.31F Ins 2023 No 10, Sch 1[8]. Am 2025 No 71, Sch 1[117]. Div 7.2 (previously Part 4, Div 6A Renumbered 2017 No 60, Sch 7.2 [2]. Sec 7.32 (previously sec 94F) Renumbered 2017 No 60, Sch 7.2 [2]. Am 2023 No 10, Sch 1[9]; 2025 No 24, Sch 1[36]–[39]. Sec 7.33 (previously sec 94G) Renumbered 2017 No 60, Sch 7.2 [2]. Div 7.3 (previously Part 7, Div 1) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.34 (previously sec 128) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.35 (previously sec 129) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [32]. Secs 7.36, 7.37 (previously secs 130, 131) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.38 (previously sec 132) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5] [33]. Sec 7.39 (previously sec 133) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 7.40, 7.41 (previously secs 134, 135) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.42 (previously sec 143) Renumbered 2017 No 60, Sch 7.2 [6]. Div 7.4 (previously Part 7, Div 2) Renumbered 2017 No 60, Sch 7.2 [5]. Sec 7.43 (previously sec 136) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. Sec 7.44 (previously sec 137) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]; 2025 No 71, Sch 1[118]. Sec 7.45 (previously sec 138) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2025 No 71, Sch 1[118]. Sec 7.46 (previously sec 139) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10]; 2025 No 71, Sch 1[118]. Part 8 Ins 2017 No 60, Sch 8.1 [2]. Divs 8.1, 8.2 (secs 8.1–8.5) Ins 2017 No 60, Sch 8.1 [2]. Div 8.3 Ins 2017 No 60, Sch 8.1 [2]. Secs 8.6, 8.7 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.8 Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. Sec 8.9 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.10 Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. Secs 8.11–8.15 Ins 2017 No 60, Sch 8.1 [2]. Divs 8.4–8.6 (secs 8.16–8.26) Ins 2017 No 60, Sch 8.1 [2]. Div 9.1, heading Ins 2017 No 60, Sch 9.2 [8]. Div 9.1 (previously Part 6, Divs 1, 1AA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.1 (previously sec 117) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [35] [36]. Sec 9.2 (previously sec 117A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2023 No 35, Sch 4.11[1] [2]. Sec 9.3 (previously sec 117B) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [37]; 2018 No 63, Sch 3.3[11]–[14]. Sec 9.4 (previously sec 117BA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.5 Ins 2017 No 60, Sch 9.1 [1]. Sec 9.6 (previously sec 118) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [38]–[40]. Sec 9.7 (previously sec 118AB) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.8 (previously sec 118AC) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.9 (previously sec 118AD) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [41]. Sec 9.10 (previously sec 118AE) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.11 (previously sec 118AF) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [42]. Sec 9.12 (previously sec 118AG) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [43]. Div 9.2, heading Ins 2017 No 60, Sch 9.2 [10]. Div 9.2 (previously Part 6, Div 1C Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.13 (previously sec 119A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5] [44]. Secs 9.14, 9.15 (previously secs 119B, 119C) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.16–9.22 (previously secs 119D–119J) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.23 (previously secs 119K) Renumbered 2017 No 60, Sch 9.2 [7]. Am 1979 No 203, sec 9.23(9); 2020 No 5, Sch 1.11[8]; 2021 No 5, Sch 1.12[1]. Secs 9.24–9.32 (previously secs 119L–119T) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.33 (previously sec 119U) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 63, Sch 3.3[4] [5]. Div 9.3 Ins 2017 No 60, Sch 9.1 [2]. Sec 9.34 Ins 2017 No 60, Sch 9.1 [2]. Am 2017 No 69, Sch 2.4 [4]; 2025 No 71, Sch 1[149]. Sec 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]; 2025 No 71, Sch 1[150]. Secs 9.36, 9.37 Ins 2017 No 60, Sch 9.1 [2]. Div 9.4, heading Ins 2017 No 60, Sch 9.2 [13] Div 9.4 (previously Part 6, Div 2B) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.38–9.40 (previously secs 122A–122C) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.41 (previously sec 122D) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.42, 9.43 (previously secs 122E, 122F) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.5, heading Ins 2017 No 60, Sch 9.2 [18]. Div 9.5 (previously Part 6, Div 3) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.44–9.49 (previously secs 122–124A) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.6 (previously Part 6, Div 4) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.50 (previously sec 125) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.51–9.54 Ins 2017 No 60, Sch 9.2 [22]. Sec 9.55 (previously sec 125D) Renumbered 2017 No 60, Sch 9.2 [7]. Rep 2018 No 25, Sch 4 [48]. Sec 9.56 (previously sec 126) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [49]. Sec 9.57 (previously sec 127) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.58 (previously sec 127A) Renumbered 2017 No 60, Sch 9.2 [7]. Part 10 (previously Part 8) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.1 (previously sec 6) Renumbered 2017 No 60, Sch 1.2 [10]. Sec 10.2 (previously sec 121) Renumbered 2017 No 60, Sch 9.2 [12]. Am 2018 No 25, Sch 4 [5]. Sec 10.3 (previously sec 146) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.4 (previously sec 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]. Sec 10.5 (previously sec 148) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2022 No 8, Sch 4.1[13]; 2023 No 52, Sch 1[18]. Sec 10.6 (previously sec 148B) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]. Sec 10.7 (previously sec 149) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.8 (previously sec 150) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2024 No 82, Sch 3.3[1] [2]. Secs 10.9–10.12 (previously secs 151–153, 154) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.13 (previously sec 157) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[15]; 2025 No 71, Sch 1[153]. Sec 10.14 (previously sec 158A) Renumbered 2017 No 60, Sch 10.2 [2]. Secs 10.15, 10.16 Ins 2017 No 60, Sch 10.1 [2]. Sec 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]. Sec 10.18 Ins 2020 No 1, Sch 2.8. Rep 2022 No 5, Sch 1.8[1]. Sch 1 Ins 2017 No 60, Sch 2.1 [2]. Am 2018 (500), Sch 1 [1]; 2019 (571), Sch 1[1] [2]; 2022 (579), sec 3; 2023 (95), sec 3; 2024 No 72, Sch 1[6]; 2025 No 24, Sch 1[40] [41]. 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]; 2025 No 71, Sch 1[161] [170] [178] [179] [184] [186]. Sch 3 Ins 2017 No 60, Sch 2.1 [4]. Am 2018 No 25, Sch 4 [5]. Sch 4 (previously Sch 5A) Renumbered 2017 No 60, Sch 10.2 [5]. Am 2018 (593), cl 3; 2020 (518), cl 3; 2020 (640), cl 3; 2021 (264), cl 3; 2022 (104), sec 3; 2022 (124), sec 3; 2022 (428), sec 3. Subst 2023 No 10, Sch 1[11]. Am 2023 No 52, Sch 1[19]; 2024 No 28, Sch 1[1]. Sch 4B Rep 2018 No 25, Sch 4 [51]. 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]; 2025 No 71, Sch 1[189]–[191]. Sch 6 (previously Part 7A) Renumbered 2017 No 60, Sch 10.2 [1]. Am 2018 No 63, Sch 3.3[16]. Sch 7 (previously Sch 5) Renumbered 2017 No 60, Sch 10.2 [4]. Am 2018 No 25, Sch 4 [55]. 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]. Sch 9 Ins 2023 No 52, Sch 1[20]. Sch 10 Ins 2024 No 12, Sch 1. The whole Act Am 2022 No 8, Sch 4.1[1] (“Greater Sydney Commission” omitted wherever occurring, “Greater Cities Commission” inserted instead); 2022 No 8, Sch 4.1[2] (“Greater Sydney Region” omitted wherever occurring, “Six Cities Region” inserted instead).
— Removed in the later version —
— Removed in the later version —
For the purposes of comparison, this table shows provisions of this Act as in force immediately before the commencement of the Environmental Planning and Assessment Amendment Act 2017 and the corresponding decimal section numbers following amendment by that Act— Old provision New provision Sec 1 Sec 1.1 Sec 2 Sec 1.2 Sec 4 Secs 1.4, 1.5, 1.6 Sec 4B Sec 6.2 Sec 5 Sec 1.3 Sec 5AA Sec 1.7 Sec 6 Sec 10.1 Sec 7 Sec 2.1 Sec 8 Secs 2.5, 2.6 Sec 9 Schedule 2 cl 31 Sec 10 Schedule 2 cl 31 Sec 11 Schedule 2 cl 31 Sec 12 Schedule 2 cl 31 Sec 13 Sec 2.2 Sec 15 Sec 2.2 Sec 17 — Sec 22 Sec 2.3 Sec 23 Secs 2.4, 2.28 Sec 23A Sec 23B Sec 2.7 Sec 23C Sec 2.11 Sec 23D Sec 2.9 Sec 23E Sec 2.11 Sec 23F Sec 8.6 Sec 23G Secs 2.12, 2.15 Sec 23H Sec 2.16 Sec 23I Sec 4.8 Sec 23J Sec 2.17 Sec 23K Sec 2.18 Sec 23L Sec 2.19 Sec 23M Sec 2.26 Sec 23N Sec 2.27 Sec 23O Sec 24 Sec 3.13 Sec 26 Sec 3.14 Sec 27 Sec 3.15 Sec 28 Sec 3.16 Sec 29 Sec 3.17 Sec 30 Sec 3.18 Sec 31 Sec 3.19 Sec 33A Sec 3.20 Sec 33B Sec 33C Sec 3.23 Sec 34 Sec 3.24 Sec 34A Sec 3.25 Sec 34B Sec 3.26 Sec 35 Sec 3.27 Sec 36 Sec 3.28 Sec 37 Sec 3.29 Sec 38 Sec 3.30 Sec 53 Sec 3.31 Sec 53A Sec 3.31 Sec 54 Sec 3.32 Sec 55 Sec 3.33 Sec 56 Sec 3.34 Sec 57 Schedule 1 cl 4 Sec 58 Sec 3.35 Sec 59 Sec 3.36 Sec 60 Sec 3.37 Sec 72I Sec 3.38 Sec 72J Sec 3.39 Sec 72K Sec 3.40 Sec 73 Sec 3.21 Sec 73A Sec 3.22 Sec 74 Sec 74B Sec 3.41 Sec 74BA Sec 3.42 Sec 74C Sec 3.43 Sec 74D Sec 3.44 Sec 74E Sec 3.45 Sec 74F Sec 3.46 Sec 75AA Sec 3.1 Sec 75AB Sec 3.2 Sec 75AC Sec 3.3 Sec 75AD Sec 3.4 Sec 75AE Sec 3.5 Sec 75AF Sec 3.6 Sec 75AG Sec 3.7 Sec 75AH Schedule 1 cl 2 Sec 75AI Sec 3.8 Sec 75AJ Sec 3.10 Sec 75AK Sec 3.11 Sec 75AL Sec 3.12 Sec 76 Sec 4.1 Sec 76A Sec 4.2 Sec 76B Sec 4.3 Sec 76C Sec 4.4 Sec 77 Sec 4.9 Sec 77A Sec 4.10 Sec 78 Sec 4.11 Sec 78A Sec 4.12 Sec 79 Schedule 1 cl 8 Sec 79A Schedule 1 Sec 79B Sec 4.13 Sec 79BA Sec 4.14 Sec 79C Sec 4.15 Sec 80 Sec 4.16 Sec 80A Sec 4.17 Sec 81 Sec 4.18 Sec 81A Secs 4.19, 6.6, 6.7, 6.12, 6.13, 6.14 Sec 82 Sec 8.11 Sec 82A Secs 8.2, 8.3, 8.4, 8.5 Sec 82B Secs 8.2, 8.3, 8.4 Sec 82C Sec 8.5 Sec 82D Sec 8.5 Sec 83 Secs 4.20, 8.13 Sec 83A Sec 4.21 Sec 83B Sec 4.22 Sec 83C Sec 4.23 Sec 83D Sec 4.24 Sec 84 Sec 4.25 Sec 84A Sec 4.26 Sec 85 Sec 4.27 Sec 85A Sec 4.28 Sec 86 Sec 6.6 Sec 86A Sec 4.29 Sec 87 Sec 4.30 Sec 88 Sec 4.32 Sec 89 Sec 4.33 Sec 89A Sec 4.34 Sec 89B Sec 4.35 Sec 89C Sec 4.36 Sec 89D Sec 4.37 Sec 89E Sec 4.38 Sec 89F Schedule 1 cl 9 Sec 89G Sec 4.39 Sec 89H Sec 4.40 Sec 89J Sec 4.41 Sec 89K Sec 4.42 Sec 89L Sec 4.43 Sec 90 Sec 4.44 Sec 90A Sec 4.45 Sec 91 Sec 4.46 Sec 91A Sec 4.47 Sec 92 Sec 4.48 Sec 92A Sec 4.49 Sec 93 Sec 4.50 Sec 93A Sec 4.51 Sec 93B Sec 4.52 Sec 93C Sec 7.1 Sec 93D Sec 7.2 Sec 93E Sec 7.3 Sec 93F Sec 7.4 Sec 93G Sec 7.5 Sec 93H Sec 7.6 Sec 93I Sec 7.7 Sec 93J Sec 7.8 Sec 93K Sec 7.9 Sec 93L Sec 7.10 Sec 94 Sec 7.11 Sec 94A Sec 7.12 Sec 94B Sec 7.13 Sec 94C Sec 7.14 Sec 94CA Sec 7.15 Sec 94D Sec 7.16 Sec 94E Sec 7.17 Sec 94EA Sec 7.18 Sec 94EAA Sec 7.19 Sec 94EB Sec 7.20 Sec 94EC Sec 7.21 Sec 94ED Sec 7.22 Sec 94EE Sec 7.23 Sec 94EF Sec 7.24 Sec 94EG Sec 7.25 Sec 94EH Sec 7.26 Sec 94EI Sec 7.27 Sec 94EJ Sec 7.28 Sec 94EK Sec 7.29 Sec 94EL Sec 7.30 Sec 94EM Sec 7.31 Sec 94F Sec 7.32 Sec 94G Sec 7.33 Sec 95 Sec 4.53 Sec 95A Secs 4.54, 8.22 Sec 96 Sec 4.55 Sec 96AA Sec 4.56 Sec 96AB Sec 8.9 Sec 96A Secs 4.57, 8.23 Sec 97 Secs 8.7, 8.10 Sec 97AA Sec 8.9 Sec 97A Sec 8.12 Sec 97B Sec 8.15 Sec 98 Secs 8.8, 8.10 Sec 98A Sec 8.21 Sec 99 Sec 8.15 Sec 100 Sec 4.58 Sec 101 Sec 4.59 Sec 102 Sec 4.60 Sec 103 Sec 4.61 Sec 104 Sec 4.62 Sec 104A Sec 4.63 Sec 105 Secs 4.64, 8.26 Sec 106 Sec 4.65 Sec 107 Sec 4.66 Sec 108 Sec 4.67 Sec 109 Sec 4.68 Sec 109A Sec 4.69 Sec 109B Sec 4.70 Sec 109C Secs 6.3, 6.4, 6.16 Sec 109D Sec 6.17 Sec 109E Sec 6.5 Sec 109EA — Sec 109F Sec 6.8 Sec 109G Sec 6.18 Sec 109H Secs 6.9, 6.10 Sec 109I Sec 6.11 Sec 109J Sec 6.15 Sec 109K Secs 8.16, 8.17 Sec 109L Sec 6.31 Sec 109M Sec 6.9 Sec 109N Sec 6.9 Sec 109O Sec 6.29 Sec 109P Sec 6.30 Sec 109Q Sec 6.33 Sec 109R Sec 6.28 Sec 109ZI Sec 6.19 Sec 109ZK Sec 6.20 Sec 109ZL Sec 6.21 Sec 110 Sec 5.1 Sec 110A Sec 5.2 Sec 110B Sec 5.3 Sec 110E Sec 5.4 Sec 111 Sec 5.5 Sec 111A Sec 5.6 Sec 112 Sec 5.7 Sec 113 Sec 5.8, Schedule 1 cl 11 Sec 114 Sec 5.9 Sec 115 Sec 5.10 Sec 115G–115RA Fisheries Management Act 1994 , Schedule 1AA Sec 115T Sec 5.11 Sec 115U Sec 5.12 Sec 115V Sec 5.13 Sec 115W Sec 5.14 Sec 115X Sec 5.15 Sec 115Y Sec 5.16 Sec 115Z Sec 5.17, Schedule 1 cl 12 Sec 115ZA Sec 5.18 Sec 115ZB Sec 5.19 Sec 115ZD Sec 5.20 Sec 115ZE Sec 5.21 Sec 115ZF Sec 5.22 Sec 115ZG Sec 5.23 Sec 115ZH Sec 5.24 Sec 115ZI Sec 5.25 Sec 115ZJ Sec 5.26 Sec 115ZK Sec 5.27 Sec 115ZL Sec 5.28 Sec 115ZM Sec 5.29 Sec 117 Sec 9.1 Sec 117A Sec 9.2 Sec 117B Sec 9.3 Sec 117BA Sec 9.4 Sec 117C Sec 9.5 Sec 118 Sec 9.6 Sec 118AB Sec 9.7 Sec 118AC Sec 9.8 Sec 118AD Secs 2.16, 9.9 Sec 118AE Secs 2.16, 9.10 Sec 118AF Sec 9.11 Sec 118AG Sec 9.12 Sec 119A Sec 9.13 Sec 119B Sec 9.14 Sec 119C Sec 9.15 Sec 119D Sec 9.16 Sec 119E Sec 9.17 Sec 119F Sec 9.18 Sec 119G Sec 9.19 Sec 119H Sec 9.20 Sec 119I Sec 9.21 Sec 119J Sec 9.22 Sec 119K Sec 9.23 Sec 119L Sec 9.24 Sec 119M Sec 9.25 Sec 119N Sec 9.26 Sec 119O Sec 9.27 Sec 119P Sec 9.28 Sec 119Q Sec 9.29 Sec 119R Sec 9.30 Sec 119S Sec 9.31 Sec 119T Sec 9.32 Sec 119U Sec 9.33 Sec 121 Sec 10.2 Sec 121A–121ZS Secs 9.34–9.37 and Schedule 5 Sec 122A Sec 9.38 Sec 122B Sec 9.39 Sec 122C Sec 9.40 Sec 122D Sec 9.41 Sec 122E Sec 9.42 Sec 122F Sec 9.43 Sec 122 Sec 9.44 Sec 123 Sec 9.45 Sec 124 Sec 9.46 Sec 124AA Sec 9.47 Sec 124AB Sec 9.48 Sec 124A Sec 9.49 Sec 125 Secs 9.37, 9.50 Sec 125A Sec 9.52 Sec 125B Sec 9.53 Sec 125C Sec 9.54 Sec 125D Sec 9.55 Sec 126 Sec 9.56 Sec 127 Sec 9.57 Sec 127A Sec 9.58 Sec 128 Sec 7.34 Sec 129 Sec 7.35 Sec 130 Sec 7.36 Sec 131 Sec 7.37 Sec 132 Sec 7.38 Sec 133 Sec 7.39 Sec 134 Sec 7.40 Sec 135 Sec 7.41 Sec 136 Sec 7.43 Sec 137 Sec 7.44 Sec 138 Sec 7.45 Sec 139 Sec 7.46 Sec 143 Sec 7.42 Sec 144 — Sec 145A Schedule 6 cl 1 Sec 145B Schedule 6 cl 2 Sec 145C Schedule 6 cl 3 Sec 146 Sec 10.3 Sec 146A Sec 6.34 Sec 147 Sec 10.4 Sec 148 Sec 10.5 Sec 148B Sec 10.6 Sec 149 Secs 8.25, 10.7 Sec 149A Sec 6.26 Sec 149B Secs 6.22, 6.23 Sec 149C Sec 6.26 Sec 149D Secs 6.24, 6.25, 6.26 Sec 149E Sec 6.25 Sec 149F Sec 8.25 Sec 149G Sec 6.26 Sec 150 Sec 10.8 Sec 151 Sec 10.9 Sec 152 Sec 10.10 Sec 153 Sec 10.11 Sec 153A Sec 2.29 Sec 154 Sec 10.12 Sec 157 Sec 10.13 Sec 158 Sec 2.28 Sec 158A Sec 10.14 Sec 158B Sec 2.25 Sec 158C Sec 2.25, Schedule 3 cl 1 Sec 158D Schedule 3 cl 2 Sec 158E Schedule 3 cl 3 Sec 159 Sec 10.15
— Removed in the later version —
— Not present in the earlier version —
— Not present in the earlier version —
Environmental Planning and Assessment Act 1979 No 203 . Assented to 21.12.1979. Date of commencement, secs 1, 2 and 155 excepted, 1.9.1980, sec 2 and GG No 91 of 4.7.1980, p 3366. This Act has been amended by secs 9.23(9) and 156 (appointed day: 25.3.1988, GG No 65 of 25.3.1988, p 2044) and by Sch 8, cl 12 of this Act and as follows— 1980 No 187 Miscellaneous Acts (Retirement of Statutory Officers) Amendment Act 1980 . Assented to 17.12.1980. 1981 No 83 Miscellaneous Acts (Financial Accommodation) Amendment Act 1981 . Assented to 9.6.1981. A proclamation was published in GG No 79 of 12.6.1981, p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments were taken to have commenced on 12.6.1981. 1983 No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 . Assented to 29.12.1983. Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19. 1984 No 153 Statute Law (Miscellaneous Amendments) Act 1984 . Assented to 10.12.1984. 1985 No 228 Environmental Planning and Assessment (Amendment) Act 1985 . Assented to 18.12.1985. Date of commencement of Schs 1–8 (except Sch 8 (18)), 3.2.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470; date of commencement of Sch 8 (18), 3.3.1986, sec 2 (3) and GG No 18 of 31.1.1986, p 470. 1986 No 205 Miscellaneous Acts (Water Administration) Amendment Act 1986 . Assented to 18.12.1986. Date of commencement of Sch 2, 1.1.1987, sec 2 (2) and GG No 195 of 19.12.1986, p 6267. No 218 Statute Law (Miscellaneous Provisions) Act (No 2) 1986 . Assented to 23.12.1986. No 220 Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986 . Assented to 23.12.1986. Date of commencement, secs 1 and 2 excepted, 1.3.1989, sec 2 (2) and GG No 21 of 10.2.1989, p 911. 1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987 . Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. No 159 Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1987 . Assented to 18.11.1987. No 197 Miscellaneous Acts (Wilderness) Amendment Act 1987 . Assented to 4.12.1987. 1988 No 20 Statute Law (Miscellaneous Provisions) Act 1988 . Assented to 28.6.1988. Date of commencement of Sch 5, assent, sec 2 (1). No 114 Transport Legislation (Repeal and Amendment) Act 1988 . Assented to 21.12.1988. Date of commencement, 16.1.1989, sec 2 (1) and GG No 3 of 16.1.1989, p 277. 1989 No 30 Waste Disposal (Amendment) Act 1989 . Assented to 21.4.1989. Date of commencement, 30.6.1989, sec 2 and GG No 81 of 30.6.1989, p 3811. No 32 Environmental Planning and Assessment (Amendment) Act 1989 . Assented to 1.5.1989. Date of commencement, 30.6.1989, sec 2 and GG No 73 of 16.6.1989, p 3533. No 105 Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989 . Assented to 15.8.1989. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , 1.10.1989, sec 2 and GG No 98 of 29.9.1989, p 7742. No 204 Miscellaneous Acts (Community Land) Amendment Act 1989 . Assented to 21.12.1989. Date of commencement, 1.8.1990, sec 2 and GG No 82 of 29.6.1990, p 5399. 1990 No 46 Statute Law (Miscellaneous Provisions) Act 1990 . Assented to 22.6.1990. Date of commencement of the provision of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, sec 2. No 118 Technical and Further Education Commission Act 1990 . Assented to 18.12.1990. Date of commencement, 1.2.1991, sec 2 and GG No 20 of 1.2.1991, p 868. 1991 No 22 Land Acquisition (Just Terms Compensation) Act 1991 . Assented to 30.8.1991. Date of commencement, 1.1.1992, sec 2 and GG No 163 of 22.11.1991, p 9736. No 64 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 . Assented to 17.12.1991. Date of commencement, 14.2.1992, sec 2 and GG No 20 of 14.2.1992, p 843. No 66 Endangered Fauna (Interim Protection) Act 1991 . Assented to 17.12.1991. Date of commencement, assent, sec 3. 1992 No 1 Timber Industry (Interim Protection) Act 1992 . Assented to 12.3.1992. Date of commencement, assent, sec 2. No 34 Statute Law (Miscellaneous Provisions) Act 1992 . Assented to 18.5.1992. Date of commencement of the provisions of Sch 1 relating to the Environmental Planning and Assessment Act 1979 , assent, Sch 1. No 89 Environmental Planning and Assessment (Contributions Plans) Amendment Act 1992 . Assented to 2.12.1992. Date of commencement, 16.12.1992, sec 2. No 90 Environmental Planning and Assessment (Miscellaneous Amendments) Act 1992 . Assented to 2.12.1992. Date of commencement, 28.6.1993, sec 2 and GG No 49 of 21.5.1993, p 2354. No 112 Statute Law (Penalties) Act 1992 . Assented to 8.12.1992. Date of commencement, assent, sec 2. 1993 No 12 Strata Titles (Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7399. No 13 Strata Titles (Leasehold Staged Development) Amendment Act 1993 . Assented to 4.5.1993. Date of commencement of Sch 2, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7398. No 32 Local Government (Consequential Provisions) Act 1993 . Assented to 8.6.1993. Date of commencement of Sch 2, 1.7.1993, sec 2 (1) and GG No 73 of 1.7.1993, p 3342. No 33 Roads Act 1993 . Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. No 93 Environmental Planning and Assessment (Part 5) Amendment Act 1993 . Assented to 30.11.1993. Date of commencement, 22.4.1994, sec 2 and GG No 58 of 15.4.1994, p 1607. No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1993 . Assented to 2.12.1993. Date of commencement of item (1) of the provisions of Sch 2 relating to the Environmental Planning and Assessment Act 1979 , 1.7.1993, Sch 2; date of commencement of item (2) of those provisions, 28.6.1993, Sch 2. 1994 No 29 Environmental Planning and Assessment (Amendment) Act 1994 . Assented to 30.5.1994. Date of commencement, 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3237. No 44 Local Government Legislation (Miscellaneous Amendments) Act 1994 . Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915. 1995 No 11 Statute Law Revision (Local Government) Act 1995 . Assented to 9.6.1995. Date of commencement of Sch 1.41, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. No 32 State Owned Corporations Amendment Act 1995 . Assented to 23.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3437. No 36 Public Sector Management Amendment Act 1995 . Assented to 25.9.1995. Date of commencement, 13.10.1995, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99 . Assented to 21.12.1995. Date of commencement of Sch 2.15, assent, sec 2 (2). No 95 Energy Services Corporations Act 1995 . Assented to 21.12.1995. Date of commencement of Sch 4.9, 1.3.1996, sec 2 and GG No 26 of 1.3.1996, p 832. No 101 Threatened Species Conservation Act 1995 . Assented to 22.12.1995. Date of commencement of Sch 5, 1.1.1996, sec 2 (1) and GG No 158 of 22.12.1995, p 8802. 1996 No 15 Environmental Planning and Assessment Amendment (Contaminated Land) Act 1996 . Assented to 13.6.1996. Date of commencement, 5.7.1996, sec 2 and GG No 81 of 5.7.1996, p 3826. No 30 Statute Law (Miscellaneous Provisions) Act 1996 . Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 31 Environmental Planning and Water Legislation Amendment Act 1996 . Assented to 24.6.1996. Date of commencement, assent, sec 2. No 44 Environmental Planning and Assessment Amendment Act 1996 . Assented to 28.6.1996. Date of commencement, 1.8.1996, sec 2 and GG No 89 of 26.7.1996, p 4354. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 45 Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 . Assented to 28.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. No 121 Statute Law (Miscellaneous Provisions) Act (No 2) 1996 . Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). No 139 Strata Schemes Management (Miscellaneous Amendments) Act 1996 . Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55 . Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). 1997 No 63 Water and Environmental Planning Legislation Amendment Act 1997 . Assented to 2.7.1997. Date of commencement of Sch 3, 6.2.1998, sec 2 (2) and GG No 22 of 6.2.1998, p 524. No 81 Environmental Planning and Assessment Legislation Amendment Act 1997 . Assented to 10.7.1997. Date of commencement, 15.8.1997, sec 2 and GG No 91 of 15.8.1997, p 6288. No 140 Contaminated Land Management Act 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.2, 1.9.1998, sec 2 and GG No 123 of 21.8.1998, p 6171. No 147 Statute Law (Miscellaneous Provisions) Act (No 2) 1997 . Assented to 17.12.1997. Date of commencement of Sch 1.6, assent, sec 2 (2); date of commencement of Sch 3, 3 months after assent, sec 2 (3). No 152 Environmental Planning and Assessment Amendment Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. No 153 Fisheries Management Amendment Act 1997 . Assented to 19.12.1997. Date of commencement of Sch 6, 1.7.1998, sec 2 and GG No 100 of 26.6.1998, p 5093. No 156 Protection of the Environment Operations Act 1997 . Assented to 19.12.1997. Date of commencement, 1.7.1999, sec 2 and GG No 178 of 24.12.1998, p 9952. 1998 No 29 Darling Harbour Authority Amendment and Repeal Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 2, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5326; the amendment made by Sch 3.3 was not commenced and was repealed by the Sydney Harbour Foreshore Authority Act 1998 No 170 . No 32 Sydney Cove Redevelopment Authority Amendment Act 1998 . Assented to 15.6.1998. Date of commencement, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5327. No 33 Building and Construction Industry Long Service Payments Amendment Act 1998 . Assented to 15.6.1998. Date of commencement of Sch 4, 1.7.1998, sec 2 (1) and GG No 97 of 26.6.1998, p 4421. No 54 Statute Law (Miscellaneous Provisions) Act 1998 . Assented to 30.6.1998. Date of commencement of Sch 1.9, item [40] excepted, 1.7.1998, Sch 1.9 and GG No 101 of 1.7.1998, p 5119; date of commencement of Sch 1.9 [40], assent, Sch 1.9; date of commencement of Sch 2.12, 1.7.1998, Sch 2.12 and GG No 101 of 1.7.1998, p 5119. No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 1998 . Assented to 26.11.1998. Date of commencement of Sch 1.15, assent, sec 2 (2). No 138 Heritage Amendment Act 1998 . Assented to 8.12.1998. Date of commencement, 2.4.1999, sec 2 and GG No 27 of 5.3.1999, p 1546. No 145 Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998 . Assented to 8.12.1998. Date of commencement, 1.1.1999, sec 2 and GG No 176 of 18.12.1998, p 9726. No 170 Sydney Harbour Foreshore Authority Act 1998 . Assented to 14.12.1998. Date of commencement of Sch 3, 1.2.1999, sec 2 (1) and GG No 12 of 29.1.1999, p 285; date of commencement of Sch 4, 1.1.2001, sec 2 and GG No 170 of 29.12.2000, p 13950. 1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999 . Assented to 7.7.1999. Date of commencement of Sch 1.12, assent, sec 2 (2). No 38 Local Government Amendment (Amalgamations and Boundary Changes) Act 1999 . Assented to 7.7.1999. Date of commencement, 23.7.1999, sec 2 and GG No 84 of 23.7.1999, p 5144. No 72 Environmental Planning and Assessment Amendment Act 1999 . Assented to 3.12.1999. Date of commencement of Schs 1, 2 and 4, 1.2.2000, sec 2 (1) and GG No 3 of 14.1.2000, p 165; date of commencement of Sch 3, 1.6.2000, sec 2 (1) and GG No 65 of 31.5.2000, p 4485; date of commencement of Schs 5 and 6, assent, sec 2 (2). No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999 . Assented to 3.12.1999. Date of commencement of Sch 2.17, assent, sec 2 (2). 2000 No 18 Albury-Wodonga Development Repeal Act 2000 . Assented to 30.5.2000. Date of commencement of Sch 1, 1.3.2004, sec 2 and GG No 47 of 27.2.2004, p 823. No 29 Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000 . Assented to 5.6.2000. Date of commencement, assent, sec 2. No 86 Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 . Assented to 6.12.2000. Date of commencement of Sch 1, 22.12.2000, sec 2 and GG No 169A of 22.12.2000 p 13909; date of commencement of Sch 6.1, 23.3.2001, sec 2 and GG No 54 of 16.3.2001, p 1227. No 92 Water Management Act 2000 . Assented to 8.12.2000. Date of commencement of Sch 8.8, 1.7.2004, sec 2 (1) and GG No 110 of 1.7.2004, p 5002. No 93 Statute Law (Miscellaneous Provisions) Act (No 2) 2000 . Assented to 8.12.2000. Date of commencement of Sch 1.8, assent, sec 2 (2). 2001 No 56 Statute Law (Miscellaneous Provisions) Act 2001 . Assented to 17.7.2001. Date of commencement of Sch 1.3, assent, sec 2 (2). No 93 Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 . Assented to 6.12.2001. Date of commencement of Sch 2 [1] [4] [7]–[10A] [14] and [15], 26.10.2007, sec 2 (1) and GG No 132 of 28.9.2007, p 7325; Sch 2 [2] [3] [5] and [10B] were not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 ; Sch 2 [6] was not commenced and was repealed by the Environmental Planning Legislation Amendment Act 2006 No 123 ; Sch 2 [11]–[13] were not commenced and were repealed by the Building Legislation Amendment (Quality of Construction) Act 2002 No 134 . Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.2, assent, sec 2 (1). No 104 Fisheries Management Amendment Act 2001 . Assented to 11.12.2001. Date of commencement of Sch 2, 14.12.2001, sec 2 and GG No 190 of 14.12.2001, p 9830. No 121 Justices Legislation Repeal and Amendment Act 2001 . Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. No 126 Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 . Assented to 19.12.2001. Date of commencement, 6.9.2002, sec 2 and GG No 142 of 6.9.2002, p 7887. 2002 No 44 Environmental Planning and Assessment Amendment (Anti-Corruption) Act 2002 . Assented to 3.7.2002. Date of commencement, 5.7.2002, sec 2 and GG No 111 of 5.7.2002, p 5089. No 53 Statute Law (Miscellaneous Provisions) Act 2002 . Assented to 4.7.2002. Date of commencement of Sch 1.7, assent, sec 2 (2). No 55 Olympic Co-ordination Authority Dissolution Act 2002 . Assented to 8.7.2002. Date of commencement, 1.7.2002, sec 2. No 67 Rural Fires and Environmental Assessment Legislation Amendment Act 2002 . Assented to 10.7.2002. Date of commencement, 1.8.2002, sec 2 and GG No 122 of 26.7.2002, p 5545. No 76 Land and Environment Court Amendment Act 2002 . Assented to 2.10.2002. Date of commencement, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 763. No 78 Threatened Species Conservation Amendment Act 2002 . Assented to 2.10.2002. Date of commencement of Sch 2.1 [1]–[4] [6] and [7], 31.10.2005, sec 2 and GG No 132 of 28.10.2005, p 8938; date of commencement of Sch 2.1 [5] and [8]–[16], 31.1.2003, sec 2 and GG No 33 of 31.1.2003, p 600. No 92 Civil Liability Amendment (Personal Responsibility) Act 2002 . Assented to 28.11.2002. Date of commencement of Sch 4.2, 1.12.2004, sec 2 and GG No 187 of 26.11.2004, p 8550. No 94 Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Act 2002 . Assented to 28.11.2002. Date of commencement, assent, sec 2. No 103 Law Enforcement (Powers and Responsibilities) Act 2002 . Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. No 112 Statute Law (Miscellaneous Provisions) Act (No 2) 2002 . Assented to 29.11.2002. Date of commencement of Sch 2.4, assent, sec 2 (3). No 134 Building Legislation Amendment (Quality of Construction) Act 2002 . Assented to 18.12.2002. Date of commencement of Sch 1.1 [1]–[5] [31] [34] [35] [37]–[40] and [42]–[44], 1.2.2003, sec 2 (1) and GG No 25 of 24.1.2003, p 426; date of commencement of Sch 1.1 [14], 10.2.2003, sec 2 (2) and GG No 39 of 7.2.2003, p 763; Sch 1.1 [6]–[13] [15]–[30] [32] [33] [36] and [41] were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 No 95 . 2003 No 40 Statute Law (Miscellaneous Provisions) Act 2003 . Assented to 22.7.2003. Date of commencement of Sch 1.13 [1] and [11], 1.9.1980, Sch 1.13; date of commencement of Sch 1.13 [2]–[8] [10] and [13], assent, sec 2 (2); date of commencement of Sch 1.13 [9], 1.7.1998, Sch 1.13; Sch 1.13 [12] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2006 No 58 . No 60 Environmental Planning and Assessment Amendment (Development Consents) Act 2003 . Assented to 6.11.2003. Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10755. No 95 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 . Assented to 10.12.2003. Date of commencement of Sch 1 [1] [3]–[6] [13]–[18] [19] (to the extent that it gives effect to proposed sec 109E (3) (a)–(c) and (e)) [21]–[26] [29]–[31] [33] [34] [36]–[38] [40] and [41], 1.3.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [2] [7]–[12] [19] (proposed sec 109E (3) (a)–(c) and (e) excepted) [20] and [35], 1.1.2004, sec 2 (1) and GG No 197 of 19.12.2003, p 11260; date of commencement of Sch 1 [27] [32] [39] and [42]–[44], assent, sec 2 (2); Sch 1 [28] was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004 No 55 . 2004 No 40 State Water Corporation Act 2004 . Assented to 30.6.2004. Date of commencement of Sch 3.4, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 4983. No 91 Statute Law (Miscellaneous Provisions) Act (No 2) 2004 . Assented to 10.12.2004. Date of commencement of Sch 2.27, assent, sec 2 (2). 2005 No 19 Environmental Planning and Assessment Amendment (Development Contributions) Act 2005 . Assented to 18.5.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3573. No 43 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 . Assented to 16.6.2005. Date of commencement of Schs 1 and 4–6, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031; date of commencement of Schs 2 and 3, 30.9.2005, sec 2 and GG No 120 of 30.9.2005, p 7672. No 57 Building Legislation Amendment (Smoke Alarms) Act 2005 . Assented to 1.7.2005. Date of commencement, 1.5.2006, sec 2. No 64 Statute Law (Miscellaneous Provisions) Act 2005 . Assented to 1.7.2005. Date of commencement of Sch 1.9, assent, sec 2 (2). No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005 . Assented to 24.11.2005. Date of commencement of Schs 2.19 and 3, assent, sec 2 (2). No 115 Building Professionals Act 2005 . Assented to 7.12.2005. Date of commencement of Sch 3.2 [1]–[3] [10] [11] and [14]–[17], 1.3.2007, sec 2 (1) and GG No 16 of 25.1.2007, p 305; date of commencement of Sch 3.2 [4] [7]–[9] and [13], 23.6.2006, sec 2 (1) and GG No 82 of 23.6.2006, p 4564; date of commencement of Sch 3.2 [5] [6] [12] [18] and [19], 3.3.2006, sec 2 (1) and GG No 30 of 3.3.2006, p 1051. Amended by Environmental Planning Legislation Amendment Act 2006 No 123 . Assented to 4.12.2006. Date of commencement of Sch 3.1, assent, sec 2 (1). 2006 No 8 Environmental Planning and Assessment Amendment Act 2006 . Assented to 3.4.2006. Date of commencement, 30.6.2006, sec 2 and GG No 84 of 30.6.2006, p 4784. No 13 Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Act 2006 . Assented to 11.4.2006. Date of commencement, 28.3.2006 (the date on which notice was given in Parliament for leave to introduce the Bill for this Act), sec 2. No 35 Pipelines Amendment Act 2006 . Assented to 31.5.2006. Date of commencement, 15.9.2006, sec 2 and GG No 116 of 15.9.2006, p 7969. No 43 Interpretation Amendment Act 2006 . Assented to 8.6.2006. Date of commencement of Sch 2.1, 26.1.2009, sec 2 (2) and GG No 20 of 23.1.2009, p 394. No 58 Statute Law (Miscellaneous Provisions) Act 2006 . Assented to 20.6.2006. Date of commencement of Sch 1.10, assent, sec 2 (2). No 123 Environmental Planning Legislation Amendment Act 2006 . Assented to 4.12.2006. Date of commencement of Sch 1, Sch 1 [6]–[31] and [42]–[46] excepted, assent, sec 2 (1); date of commencement of Sch 1 [6]–[8] [10]–[14] [16]–[19] [21] [22] [24]–[30] [42] and [43], 12.1.2007, sec 2 (2) (a) and GG No 5 of 12.1.2007, p 81; date of commencement of Sch 1 [9] [15] [20] [23] [31] and [44]–[46], 20.7.2007, sec 2 (2) (a) and GG No 92 of 20.7.2007, p 4647. No 125 Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 . Assented to 4.12.2006. Date of commencement, assent, sec 2. 2007 (29) Order. GG No 21 of 31.1.2007, p 494. Date of commencement, on gazettal. No 27 Statute Law (Miscellaneous Provisions) Act 2007 . Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2). No 29 Brothels Legislation Amendment Act 2007 . Assented to 4.7.2007. Date of commencement, 1.10.2007, sec 2 and GG No 132 of 28.9.2007, p 7324. (354) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Order 2007 . GG No 93 of 20.7.2007, p 4807. Date of commencement, 20.7.2007, cl 2. (533) Environmental Planning and Assessment (Wagga Wagga City Council Planning Panel) Order 2007 . GG No 166 of 7.11.2007, p 8301. Date of commencement, on gazettal, cl 2. No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2007 . Assented to 7.12.2007. Date of commencement of Sch 4, assent, sec 2 (1). No 92 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Sch 4, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867. No 94 Miscellaneous Acts (Local Court) Amendment Act 2007 . Assented to 13.12.2007. Date of commencement of Schs 1.39 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. (604) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) Order 2007 . GG No 183 of 17.12.2007, p 9799. Date of commencement, 21.1.2008, cl 2. 2008 (56) Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) (Repeal) Order 2008 . GG No 28 of 3.3.2008, p 1415. Date of commencement, on gazettal. (57) Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 . GG No 28 of 3.3.2008, p 1417. Date of commencement, on gazettal. No 36 Environmental Planning and Assessment Amendment Act 2008 . Assented to 25.6.2008. Date of commencement of Sch 1.1 (except Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph and Sch 1.1 [15]) and 1.2 (except Sch 1.2 [21]) and 2.1 [51] (except to the extent that it inserts sec 118 (12) (d)), 1.7.2009, sec 2 and 2009 (254) LW 26.6.2009; Sch 1.1 [11] to the extent that it inserts sec 56 (2) (g) and the sentence following that paragraph was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; date of commencement of Schs 1.1 [15] and 2.1 [15] and [22]–[25], 27.2.2009, sec 2 and GG No 20 of 23.1.2009, p 393; date of commencement of Sch 1.2 [21], Sch 2.1 [1] [2] [3] (to the extent that it inserts the definitions of independent hearing and assessment panel , Planning Assessment Commission and planning assessment panel ) [6] [7] [8] (except to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1A)) [10]–[12] [13] (to the extent that it inserts Divs 1, 2 (other than secs 23D (1) (d) and 23F (3)), 4 and 6 (other than secs 23O (2) and (4) and 23P) of Part 2A) [39] [40] [42]–[44] [45] (to the extent that it inserts sec 118 (7B) and (7C)) [46]–[50] [51] (to the extent that it inserts sec 118 (12) (d)) [52]–[55] and [56] (to the extent that it inserts Sch 3), Sch 2.2 [1]–[9] [11]–[15] [16] (except to the extent that it omits sec 80 (8)) [27] [47]–[54] and [59]–[74] and [75] (to the extent that it inserts the heading to Div 3 of Part 21 of Sch 6 and cl 124) and Sch 4.1 [1] [2] (to the extent that it inserts the definition of accredited certifier ) [6] [9] [15] and [23], 3.11.2008, sec 2 and GG No 137 of 29.10.2008, p 10441; date of commencement of Sch 2.1 [3] (to the extent that it inserts the definition of joint regional planning panel ) [8] (to the extent that it inserts sec 23 (1) (g)) [9] (to the extent that it inserts sec 23 (1B)) [13] (to the extent that it inserts sec 23D (1) (d), Div 3 of Part 2A and sec 23O (2)) [27] (except to the extent that it inserts sec 89C) [41] [45] (to the extent that it inserts sec 118 (7A)) and [56] (to the extent that it inserts Sch 4), Sch 2.2 [10] [19] [33] [39] [46] and [55]–[58] and Sch 5.1 [5], 1.7.2009, sec 2 and 2009 (255) LW 26.6.2009; Sch 2.1 [3] (to the extent that it inserts the definition of planning arbitrator ) [13] (except to the extent that it inserts Divs 1, 2 (other than sec 23F (3)), 3, 4 and 6 (other than secs 23O (4) and 23P) of Part 2A) [20] [27] (to the extent that it inserts sec 89C) [32]–[35] and 2.2 [16] (to the extent that it omits sec 80 (8)) [20]–[25] [31] [32] and [34]–[38] were not commenced and were repealed by the Planning Appeals Legislation Amendment Act 2010 No 120 ; date of commencement of Sch 2.1 [4] (to the extent that it omits sec 20) [37] (to the extent that it inserts sec 97B) and [56] (to the extent to which it omits Schs 3 and 5), Sch 2.2 [75] (to the extent to which it inserts cl 125 of Sch 6) and Sch 4.1 [13] [14] and [24]–[26], 1.9.2008, sec 2 and GG No 100 of 22.8.2008, p 7687; Sch 2.1 [4] (except to the extent that it omits sec 20) was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 ; date of commencement of Sch 2.1 [5], Sch 4.1 [7] [8] [12] [20]–[22] [31] and [32] (except to the extent that it inserts cl 132 of Div 5 of Part 21 of Sch 6) and Sch 5.1 [10] and [12], 1.8.2008, sec 2 and GG No 91 of 23.7.2008, p 7278; Sch 2.1 [14] was not commenced and was repealed by the Regulatory Reform and Other Legislative Repeals Act 2015 No 48 ; date of commencement of Schs 2.1 [16] and 5.1 [2], 25.2.2011, sec 2 and 2010 (654) LW 1.12.2010; date of commencement of Schs 2.1 [21] and 5.1 [1] [3] [4] [6] [8] and [11], 26.10.2009, sec 2 and 2009 (509) LW 23.10.2009; Sch 2.1 [28] and [29] and so much of Sch 2.2 [75] as inserts cl 126 (2) of Sch 6 were not commenced and were repealed by the Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 ; Sch 3.1 [5] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 ; Sch 4.1 [2] (except to the extent that it inserts the definition of accredited certifier ) and [17] were not commenced and were repealed by the Environmental Planning and Assessment Amendment Act 2012 No 93 ; date of commencement of Sch 4.1 [27] and [29], 2.3.2009, sec 2 and GG No 29 of 6.2.2009, p 563; date of commencement of Sch 4.1 [28] and [30], 25.2.2011, sec 2 and 2010 (757) LW 20.12.2010; date of commencement of Sch 5.1 [7] and [9], 8.3.2013, sec 2 and 2013 (89) LW 8.3.2013; the remainder was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 . Assented to 10.12.2008. Date of commencement of Sch 4, assent, sec 2 (1). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 . Assented to 14.12.2009. Date of commencement of Schs 1.7 and 2, 8.1.2010, sec 2 (2). Amended by Environmental Planning and Assessment Amendment (Development Consents) Act 2010 No 25 . Assented to 26.5.2010. Date of commencement, assent, sec 2. Amended by Planning Appeals Legislation Amendment Act 2010 No 120 . Assented to 29.11.2010. Date of commencement of Sch 3, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. No 44 Local Government and Planning Legislation Amendment (Political Donations) Act 2008 . Assented to 30.6.2008. Date of commencement, 1.10.2008, sec 2 and GG No 118 of 19.9.2008, p 9282. No 62 Statute Law (Miscellaneous Provisions) Act 2008 . Assented to 1.7.2008. Date of commencement of Sch 2.21, 1.1.2008, Sch 2.21. (509) Special Contributions Area (Wyong Employment Zone) Order 2008 . GG No 147 of 14.11.2008, p 10952. Date of commencement, on gazettal. (510) Special Contributions Area (Warnervale) Order 2008 . GG No 147 of 14.11.2008, p 10953. Date of commencement, on gazettal. No 86 Fisheries Management and Planning Legislation Amendment (Shark Meshing) Act 2008 . Assented to 19.11.2008. Date of commencement of Sch 2, assent, sec 2 (1). No 114 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 . Assented to 10.12.2008. Date of commencement of Sch 1.8 [1]–[6]: not in force; date of commencement of Schs 1.8 [7] and 3, assent, sec 2 (2). 2009 No 17 Real Property and Conveyancing Legislation Amendment Act 2009 . Assented to 13.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). No 34 Heritage Amendment Act 2009 . Assented to 9.6.2009. Date of commencement of Sch 2 [1] and [2], 1.7.2009, sec 2 (3) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [3], 1.7.2009, sec 2 (4) and 2009 (255) LW 26.6.2009; date of commencement of Sch 2 [4]–[6], 16.10.2009, sec 2 (1) and 2009 (503) LW 16.10.2009; date of commencement of Sch 2 [7]–[9], 3.11.2008, sec 2 (2). No 56 Statute Law (Miscellaneous Provisions) Act 2009 . Assented to 1.7.2009. Date of commencement of Sch 1.13 [1]–[5], 17.7.2009, sec 2 (2); date of commencement of Sch 1.13 [6] [8] and [9], 25.2.2011, Sch 1.13 and 2011 (63) LW 17.2.2011; Sch 1.13 [7] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2014 No 88 ; date of commencement of Sch 2.15, 17.7.2009, sec 2 (2); date of commencement of Sch 4, 17.7.2009, sec 2 (1). No 58 Aboriginal Land Rights Amendment Act 2009 . Assented to 16.9.2009. Date of commencement, 31.3.2010, sec 2 and 2009 (624) LW 24.12.2009. (512) Environmental Planning and Assessment Amendment (Hunter Special Contributions Area) Order 2009 . LW 23.10.2009. Date of commencement, on publication on LW, cl 2. No 106 Statute Law (Miscellaneous Provisions) Act (No 2) 2009 . Assented to 14.12.2009. Date of commencement of Schs 1.6 and 2, 8.1.2010, sec 2 (2). 2010 (15) Environmental Planning and Assessment Amendment (Wollongong City Centre Special Contributions Area) Order 2009 . LW 22.1.2010. Date of commencement, on publication on LW, cl 2. No 19 Relationships Register Act 2010 . Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). No 25 Environmental Planning and Assessment Amendment (Development Consents) Act 2010 . Assented to 26.5.2010. Date of commencement, assent, sec 2. No 38 National Parks and Wildlife Amendment Act 2010 . Assented to 15.6.2010. Date of commencement of Sch 3.2 [1] [4] and [5], 1.10.2010, sec 2 and 2010 (344) LW 2.7.2010; date of commencement of Sch 3.2 [2] [3] and [6], 2.7.2010, sec 2 and 2010 (344) LW 2.7.2010. No 39 Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010 . Assented to 15.6.2010. Date of commencement, 2.7.2010, sec 2 and 2010 (345) LW 2.7.2010. No 59 Statute Law (Miscellaneous Provisions) Act 2010 . Assented to 28.6.2010. Date of commencement of Sch 1.11, 9.7.2010, sec 2 (2). (464) Environmental Planning and Assessment (Cessnock City Council Planning Panel) Order 2010 . LW 23.8.2010. Date of commencement, on publication on LW, cl 2. (545) Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Amendment Order 2010 . LW 24.9.2010. Date of commencement, 30.9.2010, cl 2. No 78 Coastal Protection and Other Legislation Amendment Act 2010 . Assented to 27.10.2010. Date of commencement of Sch 3.2, 1.1.2011, sec 2 and 2010 (713) LW 17.12.2010. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119 . Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). No 119 Statute Law (Miscellaneous Provisions) Act (No 2) 2010 . Assented to 29.11.2010. Date of commencement of Schs 1.12 and 3, 7.1.2011, sec 2 (2). No 120 Planning Appeals Legislation Amendment Act 2010 . Assented to 29.11.2010. Date of commencement of Sch 1, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. 2011 (20) Environmental Planning and Assessment Amendment (Western Sydney Growth Areas—Special Contributions Area) Order 2011 . LW 21.1.2011. Date of commencement, 24.1.2011, cl 2. (133) Nation Building and Jobs Plan (State Infrastructure Delivery) Amendment (Planning Legislation) Regulation 2011 . LW 3.3.2011. Date of commencement, on publication on LW, cl 2. (187) Environmental Planning and Assessment (Ku-ring-gai Planning Panel Repeal) Order 2011 . LW 7.4.2011. Date of commencement, on publication on LW, cl 2. No 22 Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 . Assented to 27.6.2011. Date of commencement of Sch 1, Sch 1.2 [28] excepted, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011; Sch 1.2 [28] was not commenced and the Act was repealed by the Environmental Planning and Assessment Amendment Act 2017 No 60 . No 27 Statute Law (Miscellaneous Provisions) Act 2011 . Assented to 27.6.2011. Date of commencement of Schs 2.14 and 3, 8.7.2011, sec 2 (2). No 41 Transport Legislation Amendment Act 2011 . Assented to 13.9.2011. Date of commencement of Sch 5.5, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. (491) Environmental Planning and Assessment (Abolition of Wagga Wagga City Council Planning Panel) Order 2011 . LW 16.9.2011. Date of commencement, on publication on LW, cl 2. (510) Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 . LW 28.9.2011. Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011. No 62 Statute Law (Miscellaneous Provisions) Act (No 2) 2011 . Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1); date of commencement of Sch 2.12, 6.1.2012, sec 2 (1). (606) Environmental Planning and Assessment Further Amendment (Part 3A Repeal) Regulation 2011 . LW 1.12.2011. Date of commencement, 1.12.2011, cl 2. 2012 (26) Environmental Planning and Assessment (Cessnock City Council Planning Panel Repeal) Order 2012 . LW 27.1.2012. Date of commencement, on publication on LW, cl 2. (100) Environmental Planning and Assessment Amendment (North West Rail Link) Regulation 2012 . LW 13.3.2012. Date of commencement, on publication on LW, cl 2. No 42 Statute Law (Miscellaneous Provisions) Act 2012 . Assented to 21.6.2012. Date of commencement of Schs 1.6, 2.14 and 4.5, 6.7.2012, sec 2 (1). (346) Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2012 . LW 27.7.2012. Date of commencement, on publication on LW, cl 2. (397) Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 . LW 24.8.2012. Date of commencement, on publication on LW, cl 2. No 93 Environmental Planning and Assessment Amendment Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 1 [1]–[15] [26] and [27], 1.3.2013, sec 2 (1) and 2013 (78) LW 1.3.2013; date of commencement of Sch 1 [16]–[25], 8.3.2013, sec 2 (1) and 2013 (90) LW 8.3.2013. No 96 Forestry Act 2012 . Assented to 21.11.2012. Date of commencement of Sch 4.7, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. 2013 No 44 Local Government Amendment (Early Intervention) Act 2013 . Assented to 25.6.2013. Date of commencement, assent, sec 2. (578) Environmental Planning and Assessment Amendment (Gateway Process for Strategic Agricultural Land) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. (579) Environmental Planning and Assessment Amendment (Transitional Arrangements—Repeal of Part 3A) Regulation 2013 . LW 4.10.2013. Date of commencement, on publication on LW, cl 2. No 111 Statute Law (Miscellaneous Provisions) Act (No 2) 2013 . Assented to 3.12.2013. Date of commencement of Schs 1 and 2, 3.1.2014, sec 2 (1). 2014 No 10 Mining and Petroleum Legislation Amendment Act 2014 . Assented to 14.5.2014. Date of commencement, assent, sec 2. (463) Environmental Planning and Assessment Amendment (Mining and Petroleum Development) Regulation 2014 . LW 25.7.2014. Date of commencement, on publication on LW, cl 2. (612) Environmental Planning and Assessment Amendment (Redfern–Waterloo) Regulation 2014 . LW 12.9.2014. Date of commencement, on publication on LW, cl 2. No 57 Water Industry Competition Amendment (Review) Act 2014 . Assented to 23.10.2014. Date of commencement of Sch 2.2 [1], 5.3.2015, sec 2 and 2015 (109) LW 5.3.2015; date of commencement of Sch 2.2 [2]: not in force. No 72 Marine Estate Management Act 2014 . Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. No 74 Water NSW Act 2014 . Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. No 79 Environmental Planning and Assessment Amendment Act 2014 . Assented to 19.11.2014. Date of commencement of Schs 1 [1]–[12] and 2, 31.7.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Schs 1 [13] and 4 [6], 30.9.2015, sec 2 (1) and 2015 (419) LW 31.7.2015; date of commencement of Sch 3 [1] [3] and [17], 30.11.2015, sec 2 (1) and 2015 (313) LW 19.6.2015; Sch 3 [2] and [4]–[14] were not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 3 [15] and [16], 1.3.2018, sec 2 (1) and 2018 (63) LW 28.2.2018; date of commencement of Sch 4 [1]–[5] and [7], assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act 2015 No 15 . Assented to 29.6.2015. Date of commencement of Sch 1.9 [1], assent, Sch 1.9; date of commencement of Sch 2.19, 8.7.2015, sec 2 (1). 2015 No 5 Electricity Network Assets (Authorised Transactions) Act 2015 . Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). No 15 Statute Law (Miscellaneous Provisions) Act 2015 . Assented to 29.6.2015. Date of commencement of Sch 1.8, 8.7.2015, sec 2 (1); date of commencement of Sch 3, 15.7.2015, sec 2 (3). (476) Environmental Planning and Assessment Amendment (Transitional Part 3A Approvals) Regulation 2015 . LW 21.8.2015. Date of commencement, on publication on LW, cl 2. No 26 Dams Safety Act 2015 . Assented to 28.9.2015. Date of commencement of Sch 3.1, 1.11.2019, sec 2(1) and 2019 (505) LW 18.10.2019. No 40 Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 . Assented to 2.11.2015. Date of commencement of Sch 3, 1.3.2016, sec 2 and 2016 (91) LW 26.2.2016. No 42 Protection of the Environment Operations Amendment (Enforcement of Gas and Other Petroleum Legislation) Act 2015 . Assented to 2.11.2015. Date of commencement, 1.12.2015, sec 2 and 2015 (695) LW 20.11.2015. No 50 Strata Schemes Management Act 2015 . Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. No 57 Greater Sydney Commission Act 2015 . Assented to 19.11.2015. Date of commencement, 27.1.2016, sec 2 and 2016 (1) LW 8.1.2016. 2016 (297) Environmental Planning and Assessment Amendment (Transitional) Regulation 2016 . LW 3.6.2016. Date of commencement, on publication on LW, cl 2. No 20 Coastal Management Act 2016 . Assented to 7.6.2016. Date of commencement, 3.4.2018, sec 2 and 2018 (110) LW 29.3.2018. Sch 4.1 [9] [10] and [14]–[17] were without effect. See also cl 4A of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 55 Statute Law (Miscellaneous Provisions) Act (No 2) 2016 . Assented to 25.10.2016. Date of commencement of Sch 3.9, 6.1.2017, sec 2 (1). No 63 Biodiversity Conservation Act 2016 . Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. 2017 No 17 Crown Land Legislation Amendment Act 2017 . Assented to 17.5.2017. Date of commencement of Sch 4.27 [1] and [2], 1.7.2018, sec 2 (1) and 2018 (225) LW 1.7.2018. Sch 4.27 [3] was without effect to this Act as Sch 6 to this Act was transferred to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 . No 22 Statute Law (Miscellaneous Provisions) Act 2017 . Assented to 1.6.2017. Date of commencement of Sch 1.7, 7 days after assent, sec 2 (1). No 38 Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017 . Assented to 14.8.2017. Date of commencement, assent, sec 2. No 39 Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 . Assented to 14.8.2017. Date of commencement of Sch 1 [1]–[3] [7]–[10] [12] and [13], assent, sec 2 (1); Sch 1 [4] was not commenced and the Act was repealed by Statute Law (Miscellaneous Provisions) Act 2018 No 25 ; date of commencement of Sch 1 [11], 1.3.2018, sec 2 (2) and 2018 (65) LW 28.2.2018. No 47 Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 . Assented to 13.10.2017. Date of commencement, assent, sec 2. No 60 Environmental Planning and Assessment Amendment Act 2017 . Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. No 63 Statute Law (Miscellaneous Provisions) Act (No 2) 2017 . Assented to 23.11.2017. Date of commencement of Sch 4.17, 1.1.2018, Sch 4.17 and 2017 (685) LW 8.12.2017. No 65 Local Government Amendment (Regional Joint Organisations) Act 2017 . Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. No 69 Building Products (Safety) Act 2017 . Assented to 30.11.2017. Date of commencement of Sch 2.4 [1] and [2], 18.12.2017, sec 2 (1) and 2017 (715) LW 15.12.2017; date of commencement of Sch 2.4 [3], 1.3.2018, sec 2 (3) and 2018 (64) LW 28.2.2018; date of commencement of Sch 2.4 [4], 1.3.2018, sec 2 (4) and 2018 (64) LW 28.2.2018. 2018 No 20 Electoral Funding Act 2018 . Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. No 25 Statute Law (Miscellaneous Provisions) Act 2018 . Assented to 15.6.2018. Date of commencement of Sch 2.7, 1.8.2018, sec 2 (3); date of commencement of Sch 4, assent, sec 2 (4). (469) Environmental Planning and Assessment Amendment (Regional Planning Panel) Order 2018 . LW 24.8.2018. Date of commencement, on publication on LW, cl 2. (500) Environmental Planning and Assessment Further Amendment (Miscellaneous) Regulation 2018 . LW 31.8.2018. Date of commencement, 1.9.2018, cl 2. (593) Environmental Planning and Assessment Amendment (Gosford City Centre Special Contributions Area) Order 2018 . LW 12.10.2018. Date of commencement, on publication on LW, cl 2. No 59 Emergency Services Legislation Amendment Act 2018 . Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). No 63 Building and Development Certifiers Act 2018 . Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. No 66 Planning Legislation Amendment (Greater Sydney Commission) Act 2018 . Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. No 68 Statute Law (Miscellaneous Provisions) Act (No 2) 2018 . Assented to 31.10.2018. Date of commencement of Sch 1.12, 8.1.2019, sec 2 (1). No 70 Government Sector Finance Legislation (Repeal and Amendment) Act 2018 . Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. 2019 (74) Environmental Planning and Assessment Amendment (Sydney Eastern City Planning Panel) Order 2019 . LW 15.2.2019. Date of commencement, on publication on LW, cl 2. No 1 Statute Law (Miscellaneous Provisions) Act 2019 . Assented to 17.6.2019. Date of commencement of Sch 2.12, 14 days after assent, sec 2 (1). No 14 Statute Law (Miscellaneous Provisions) Act (No 2) 2019 . Assented to 21.11.2019. Date of commencement of Sch 2.6, 14 days after assent, sec 2(1). (571) Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 . LW 29.11.2019. Date of commencement, on publication on LW, cl 2. 2020 No 1 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 . Assented to 25.3.2020. Date of commencement, assent, sec 2. No 5 COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 . Assented to 14.5.2020. Date of commencement of Sch 1.11, assent, sec 2(1). (518) Environmental Planning and Assessment Amendment (St Leonards and Crows Nest Special Contributions Area) Order 2020 . LW 31.8.2020. Date of commencement, on publication on LW, cl 2. No 30 Statute Law (Miscellaneous Provisions) Act 2020 . Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). (640) Environmental Planning and Assessment Amendment (Bayside West Special Contributions Area) Order 2020 . LW 30.10.2020. Date of commencement, on publication on LW, cl 2. No 40 Liquor Amendment (Night-time Economy) Act 2020 . Assented to 27.11.2020. Date of commencement of Schs 4.3 and 6, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. 2021 No 5 COVID-19 Recovery Act 2021 . Assented to 25.3.2021. Date of commencement of Sch 1.12, assent, sec 2(1). No 6 Community Land Development Act 2021 . Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. (264) Environmental Planning and Assessment Amendment (Illawarra Shoalhaven Special Contributions Area) Order 2021 . LW 4.6.2021. Date of commencement, on publication on LW, cl 2. 2022 No 5 COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 . Assented to 24.3.2022. Date of commencement of Sch 1.8, 1.4.2022, sec 2(2). (104) Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis Special Contributions Area) Order 2022 . LW 25.3.2022. Date of commencement, on publication on LW, sec 2. (124) Environmental Planning and Assessment Amendment (Frenchs Forest Special Contributions Area) Order 2021 . LW 1.4.2022. Date of commencement, on publication on LW, sec 2. No 8 Greater Cities Commission Act 2022 . Assented to 13.4.2022. Date of commencement, assent, sec 2. (428) Environmental Planning and Assessment Amendment (Pyrmont Peninsula Special Contributions Area) Order 2022 . LW 29.7.2022. Date of commencement, on publication on LW, sec 2. (579) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022 . LW 30.9.2022. Date of commencement, 3.4.2023, sec 2. No 59 Statute Law (Miscellaneous Provisions) Act (No 2) 2022 . Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. No 80 NSW Reconstruction Authority Act 2022 . Assented to 28.11.2022. Date of commencement of Sch 5.1[1] and [2], 16.12.2022, sec 2(b) and 2022 (859) LW 16.12.2022; date of commencement of Sch 5.1[3] and [4], assent, sec 2(a)(ix). 2023 (95) Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2023 . LW 2.3.2023. Date of commencement, 3.4.2023, sec 2. No 7 Statute Law (Miscellaneous Provisions) Act 2023 . Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. No 10 Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 . Assented to 13.7.2023. Date of commencement, 1.10.2023, sec 2 and 2023 (545) LW 29.9.2023. 2023 No 35 Statute Law (Miscellaneous Provisions) Act (No 2) 2023 . Assented to 30.10.2023. Date of commencement of Sch 2.2, 1.10.2023, sec 2(b) and 2023 (545) LW 29.9.2023; date of commencement of Sch 4, assent, sec 2(c). No 52 Greater Cities Commission Repeal Act 2023 . Assented to 12.12.2023. Date of commencement, 1.1.2024, sec 2. No 53 24-Hour Economy Commissioner Act 2023 . Assented to 12.12.2023. Date of commencement of Sch 4.1, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024. 2024 No 12 Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 . Assented to 25.3.2024. Date of commencement, 13.12.2024, sec 2 and 2024 (623) LW 13.12.2024. No 28 Environmental Planning and Assessment Amendment (Vibrancy Reforms) Act 2024 . Assented to 31.5.2024. Date of commencement, 1.11.2025, sec 2 and 2025 (516) LW 26.9.2025. Amended by Statute Law (Miscellaneous Provisions) Act 2024 No 47 . Assented to 9.8.2024. Date of commencement, assent, sec 2. No 72 Environmental Planning and Assessment Amendment (Certification) Act 2024 . Assented to 23.10.2024. Date of commencement, assent, sec 2. No 76 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2024 . Assented to 31.10.2024. Date of commencement of Sch 5.1, 13.3.2026, sec 2(a) and 2026 (81) LW 13.3.2026. Amended by 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2025 No 73 . Assented to 24.11.2025. Date of commencement of Sch 3.1, 1.12.2025, sec 2(c). No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2024 . Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). No 91 Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 . Assented to 2.12.2024. Date of commencement, assent, sec 2. 2025 No 24 Environmental Planning and Assessment Amendment Act 2025 . Assented to 22.5.2025. Date of commencement of Sch 1[1] [3]–[25] [35] [42] [45] and [47]: not in force; date of commencement of Sch 1[2] [26]–[34] [36]–[41] [43] [44] and [46], assent, sec 2(b). No 48 Statute Law (Miscellaneous Provisions) Act 2025 . Assented to 15.8.2025. Date of commencement of Sch 2.3, assent, sec 2(e). No 71 Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 . Assented to 24.11.2025. Date of commencement of Sch 1[1] [2], to the extent it inserts definitions of Development Coordination Authority and Housing Delivery Authority , [5] [9] [16] [20]–[24] [40]–[42] [49] [56]–[58] [60] [63] [64], to the extent it inserts sec 4.15(1A) and (1B), [66] [77] [79]–[83] [95] [108]–[112] [115]–[118] [149] [150] [153] [161] [170] [178] [179] [184] [186] and [189]–[191], 15.12.2025, sec 2 and 2025 (704) LW 15.12.2025; date of commencement of Sch 1[2], to the extent it inserts the definition of targeted assessment development , [64], to the extent it inserts sec 4.15(1C) and (1D), [69] [84] [96]–[98] [102] [103] [105]–[107] [113] [114] [119] [123]–[125] [129]–[133] and [156], 21.3.2026, sec 2 and 2026 (71) LW 2.3.2026; date of commencement of Sch 1[3] [4] [6]–[8] [10]–[15] [17]–[19] [25]–[39] [43]–[48] [50]–[55] [59] [61] [62] [65] [67] [68] [70]–[76] [78] [85]–[94] [99]–[101] [104] [120]–[122] [126]–[128] [134]–[148] [151] [152] [154] [155] [157]–[160] [162]–[169] [171]–[177] [180]–[183] [185] [187] and [188]: not in force. Regulations amending this Act made prior to 1.4.2005 are listed only in the historical table of amendments in the Legislative history.
— Not present in the earlier version —
For information concerning this Act prior to the renumbering by 2017 No 60, see item (1) of the historical table of amendments in the Legislative history. Secs 1.1, 1.2 (previously secs 1, 2) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.3 Ins 2017 No 60, Sch 1.1. Am 2025 No 71, Sch 1[1]. Sec 1.4 (previously sec 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]; 2025 No 71, Sch 1[2] [5]. Sec 1.5 Ins 2017 No 60, Sch 1.2 [9]. Am 2018 No 63, Sch 3.3[3]. Sec 1.6 Ins 2017 No 60, Sch 1.2 [9]. Sec 1.7 (previously sec 5AA) Renumbered 2017 No 60, Sch 1.2 [1]. Sec 1.8 Ins 2023 No 52, Sch 1[2]. Part 2 Ins 2017 No 60, Sch 2.1 [1]. Div 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.1 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.4 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[3]; 2025 No 71, Sch 1[9]. Div 2.2 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.6 Ins 2017 No 60, Sch 2.1 [1]. Div 2.3 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.8 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 66, Sch 1 [1]. Sec 2.9 Ins 2017 No 60, Sch 2.1 [1]. Am 2024 No 72, Sch 1[1]. Sec 2.10 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.11 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 25, Sch 4 [7]. Div 2.3A Ins 2025 No 71, Sch 1[16]. Sec 2.11A Ins 2025 No 71, Sch 1[16]. Sec 2.11B Ins 2025 No 71, Sch 1[16]. Sec 2.11C Ins 2025 No 71, Sch 1[16]. Sec 2.11D Ins 2025 No 71, Sch 1[16]. Div 2.3B Ins 2025 No 71, Sch 1[16]. Sec 2.11E Ins 2025 No 71, Sch 1[16]. Sec 2.11F Ins 2025 No 71, Sch 1[16]. Sec 2.11G Ins 2025 No 71, Sch 1[16]. Sec 2.11H Ins 2025 No 71, Sch 1[16]. Sec 2.11I Ins 2025 No 71, Sch 1[16]. Div 2.4 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.12 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]–[6]. Sec 2.13 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [1]. Secs 2.14–2.16 Ins 2017 No 60, Sch 2.1 [1]. Div 2.5 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.17 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 8, Sch 4.1[4]; 2025 No 71, Sch 1[20]. Sec 2.18 Ins 2017 No 60, Sch 2.1 [1]. Am 2018 No 20, Sch 3.3 [2]; 2025 No 71, Sch 1[21] [22]. Sec 2.19 Ins 2017 No 60, Sch 2.1 [1]. Am 2025 No 71, Sch 1[23] [24]. Sec 2.20 Ins 2017 No 60, Sch 2.1 [1]. Div 2.6 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.21 Ins 2017 No 60, Sch 2.1 [1]. Am 2023 No 52, Sch 1[4]. Sec 2.22 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.23 Ins 2017 No 60, Sch 2.1 [1]. Am 2022 No 59, Sch 2.18[1]. Sec 2.24 Ins 2017 No 60, Sch 2.1 [1]. Div 2.7 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.25 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.26 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.27 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.28 Ins 2017 No 60, Sch 2.1 [1]. Am 2025 No 71, Sch 1[40]. Sec 2.29 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.30 Ins 2017 No 60, Sch 2.1 [1]. Sec 2.31 Ins 2017 No 60, Sch 2.1 [1]. Part 3, heading Ins 2017 No 60, Sch 3.2 [1]. Part 3, note Ins 2017 No 60, Sch 3.2 [1]. Div 3.1, heading Ins 2017 No 60, Sch 3.2 [2]. Div 3.1 (previously Part 3B) Renumbered 2017 No 60, Sch 3.2 [3]. Sec 3.1 (previously sec 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]. Sec 3.2 (previously sec 75AB) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.3 (previously sec 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]. Sec 3.4 (previously sec 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]. Sec 3.5 (previously sec 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]. Sec 3.6 (previously sec 75AFI) Renumbered 2017 No 60, Sch 3.2 [4]. Subst 2023 No 52, Sch 1[8]. Sec 3.6A Ins 2023 No 52, Sch 1[8]. Sec 3.7 (previously sec 75AG) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.8 (previously sec 75AI) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[9] [10]. Sec 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]. Sec 3.10 (previously sec 75AJ) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [8]. Sec 3.11 (previously sec 75AK) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.12 (previously sec 75AL) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2023 No 52, Sch 1[14]. Div 3.2, heading (previously Part 3, Div 1, heading) Renumbered 2017 No 60, Sch 3.2 [6]. Sec 3.13(previously sec 24) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.14 (previously sec 26) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2025 No 71, Sch 1[41]. Sec 3.15 (previously sec 27) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.16 (previously sec 28) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.17 (previously sec 29) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.18 (previously sec 30) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.19 (previously sec 31) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.20 (previously sec 33A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [9]. Sec 3.21 (previously sec 73) Renumbered 2017 No 60, Sch 3.2 [13]. Am 2018 No 25, Sch 4 [5]. Sec 3.22 (previously sec 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]; 2025 No 71, Sch 1[42]. Sec 3.23 (previously sec 33C) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.24 (previously sec 34) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [11]. Sec 3.25 (previously sec 34A) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.26–3.28 (previously secs 34B–36) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.3, heading Ins 2017 No 60, Sch 3.2 [7]. Sec 3.29 (previously sec 37) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.30 (previously sec 38) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [6]; 2023 No 52, Sch 1[15]. Div 3.4, heading Ins 2017 No 60, Sch 3.2 [10]. Sec 3.31 Ins 2017 No 60, Sch 3.1 [3]. Am 2018 No 66, Sch 1 [7]. Sec 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]. Sec 3.33 (previously sec 55) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Sec 3.34 (previously sec 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]. Sec 3.35 (previously sec 58) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [14]; 2018 No 66, Sch 1 [5] [10]. Secs 3.36, 3.37 (previously secs 59, 60) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Div 3.5, heading Ins 2017 No 60, Sch 3.2 [11]. Secs 3.38–3.40 (previously secs 72I–72K) Renumbered 2017 No 60, Sch 3.2 [4]. Div 3.6, heading Ins 2017 No 60, Sch 3.2 [14]. Sec 3.41 (previously sec 74B) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 3.42, 3.43 (previously secs 74BA, 74C) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.44 (previously sec 74D) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [12]. Sec 3.45 (previously sec 74E) Renumbered 2017 No 60, Sch 3.2 [4]. Sec 3.46 (previously sec 74F) Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 66, Sch 1 [9] [13]. Part 4, heading Ins 2017 No 60, Sch 4.2 [2]. Div 4.1, heading (previously Part 4, Div 1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.1–4.4 (previously secs 76–76C) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.2 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.5 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.6 Ins 2017 No 60, Sch 4.1 [4]. Am 2025 No 71, Sch 1[49]. Sec 4.7 Ins 2017 No 60, Sch 4.1 [4]. Sec 4.8 Ins 2017 No 60, Sch 4.1 [4]. Am 2018 No 25, Sch 4 [15]; 2023 No 10, Sch 1[1]. Div 4.3, heading (previously Part 4, Div 2, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.9–4.11 (previously secs 77–78) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.12 (previously sec 78A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [16]; 2025 No 71, Sch 1[56]. Sec 4.13 (previously sec 79B) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2015 No 26, Sch 3.1; 2025 No 71, Sch 1[57] [58] [60]. Sec 4.14 (previously sec 79BA) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.15 (previously sec 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]; 2025 No 71, Sch 1[63] [64]. Sec 4.16 (previously sec 80) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [18]; 2018 No 63, Sch 3.3[4]. Sec 4.17 (previously sec 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]; 2025 No 71, Sch 1[66]. Sec 4.18 (previously sec 81) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [19] [20]. Sec 4.19 Ins 2017 No 60, Sch 6.2 [5]. Sec 4.20 Ins 2017 No 60, Sch 8.1 [1]. Div 4.3A Ins 2025 No 71, Sch 1[69]. Sec 4.20A Ins 2025 No 71, Sch 1[69]. Sec 4.20B Ins 2025 No 71, Sch 1[69]. Div 4.4, heading (previously Part 4, Div 2A, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.21 (previously sec 83A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.22 (previously sec 83B) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.23 (previously sec 83C) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.24 (previously sec 83D) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[26] [27]. Div 4.5, heading (previously Part 4, Div 3, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.25, 4.26 (previously secs 84, 84A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.27 (previously sec 85) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [21]. Sec 4.28 (previously sec 85A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Secs 4.29, 4.30 (previously secs 86A, 87) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.31 Ins 2017 No 60, Sch 4.1 [9]. Div 4.6, heading (previously Part 4, Div 4, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.32 (previously sec 88) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [22]; 2019 No 14, Sch 2.6[1] [2]; 2025 No 71, Sch 1[77]. Sec 4.33 (previously sec 89) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]; 2025 No 71, Sch 1[79]–[81]. Sec 4.34 (previously sec 89A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2019 No 14, Sch 2.6[3]; 2025 No 71, Sch 1[82]. Sec 4.35 (previously sec 89B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.7, heading (previously Part 4, Div 4.1, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.36 (previously sec 89C) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [23]; 2025 No 24, Sch 1[28]. Sec 4.37 Ins 2017 No 60, Sch 4.1 [10]. Sec 4.38 (previously sec 89E) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2024 No 91, Sch 1[1]. Sec 4.39 (previously sec 89G) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.40 (previously sec 89H) Renumbered 2017 No 60, Sch 4.2 [1]. Subst 2025 No 71, Sch 1[83]. Sec 4.41 (previously sec 89J) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2016 No 20, Sch 4.1 [4]. Sec 4.42 (previously sec 89K) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2022 No 59, Sch 2.18[2]. Sec 4.43 (previously sec 89L) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 71, Sch 1[84]. Div 4.8, heading (previously Part 4, Div 5, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.44–4.48 (previously secs 90–92) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.49 (previously sec 92A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [24]. Secs 4.50–4.52 (previously secs 93–93B) Renumbered 2017 No 60, Sch 4.2 [1]. Div 4.9, heading (previously Part 4, Div 7, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.53 (previously sec 95) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[1]–[3]. Subst 2025 No 71, Sch 1[95]. Sec 4.54 (previously sec 95A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.55 (previously sec 96) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[29]–[32]; 2025 No 71, Sch 1[96]–[98] [102] [103] [105]. Sec 4.55A Ins 2025 No 71, Sch 1[106]. Sec 4.56 (previously sec 96AA) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2025 No 24, Sch 1[33] [34]; 2025 No 71, Sch 1[107]. Sec 4.57 (previously sec 96A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[4]; 2025 No 71, Sch 1[108]. Div 4.10, heading (previously Part 4, Div 9, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Secs 4.58–4.63 (previously secs 100–104A) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.64 (previously sec 105) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [5] [25]; 2018 No 63, Sch 3.3[6]; 2025 No 71, Sch 1[109] [110]. Div 4.11, heading (previously Part 4, Div 10, heading) Renumbered 2017 No 60, Sch 4.2 [3]. Am 2017 No 60, Sch 4.2 [4]. Sec 4.65 (previously sec 106) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.66 (previously sec 107) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[4]; 2025 No 71, Sch 1[111]. Sec 4.67 (previously sec 108) Renumbered 2017 No 60, Sch 4.2 [1]. Sec 4.68 (previously sec 109) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2020 No 5, Sch 1.11[5]; 2025 No 71, Sch 1[112]. Sec 4.69 (previously sec 109A) Renumbered 2017 No 60, Sch 4.2 [1]. Am 2018 No 25, Sch 4 [26]. Sec 4.70 (previously sec 109B) Renumbered 2017 No 60, Sch 4.2 [1]. Part 5, heading Ins 2017 No 60, Sch 5.2 [1]. Div 5.1, heading (previously Part 5, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2017 No 60, Sch 5.2 [2]. Div 5.1 (previously Part 5) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 1, heading (previously Part 5, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.1 (previously sec 110) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.2 (previously sec 110A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [27]. Secs 5.3, 5.4 (previously secs 110B, 110E) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.1, Subdiv 2, heading (previously Part 5, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Sec 5.5 (previously sec 111) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2025 No 71, Sch 1[113] [114]. Sec 5.6 (previously sec 111A) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Div 5.1, Subdiv 3, heading (previously Part 5, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [2]. Secs 5.7, 5.8 (previously secs 112, 113) Renumbered 2017 No 60, Sch 5.2 [2]. Am 2018 No 25, Sch 4 [5]. Secs 5.9, 5.10 (previously secs 114, 115) Renumbered 2017 No 60, Sch 5.2 [2]. Div 5.2, heading (previously Part 5.1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 1, heading (previously Part 5.1, Div 1, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.11 (previously sec 115T) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.12 (previously sec 115U) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2025 No 71, Sch 1[115]. Sec 5.13 (previously sec 115V) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [28]. Div 5.2, Subdiv 2, heading (previously Part 5.1, Div 2, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.14 (previously sec 115W) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.15–5.19 (previously secs 115X–115ZB) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Div 5.2, Subdiv 3, heading (previously Part 5.1, Div 3, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Secs 5.20, 5.21 (previously secs 115ZD, 115ZE) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.2, Subdiv 4, heading (previously Part 5.1, Div 4, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.22 (previously sec 115ZF) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [29] [30]. Sec 5.23 (previously sec 115ZG) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2016 No 20, Sch 4.1 [5]. Sec 5.24 (previously sec 115ZH) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2022 No 59, Sch 2.18[2]. Div 5.2, Subdiv 5, heading (previously Part 5.1, Div 5, heading) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.25 (previously sec 115ZI) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Secs 5.26, 5.27 (previously secs 115ZJ, 115ZK) Renumbered 2017 No 60, Sch 5.2 [3]. Sec 5.28 (previously sec 115ZL) Renumbered 2017 No 60, Sch 5.2 [3]. Am 2018 No 25, Sch 4 [5]. Sec 5.29 (previously sec 115ZM) Renumbered 2017 No 60, Sch 5.2 [3]. Div 5.3 (secs 5.30–5.32) Ins 2017 No 60, Sch 5.1 [1]. Part 6 Ins 2017 No 60, Sch 6.1. Divs 6.1–6.6 Ins 2017 No 60, Sch 6.1. Sec 6.1 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[7] [8]; 2024 No 72, Sch 1[2]. Sec 6.2 Ins 2017 No 60, Sch 6.1. Am 2021 No 6, Sch 5.6. Secs 6.3, 6.4 Ins 2017 No 60, Sch 6.1. Sec 6.5 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[4]; 2018 No 68, Sch 1.12 [1]; 2023 No 10, Sch 1[3]. Sec 6.5A Ins 2024 No 72, Sch 1[3]. Sec 6.6 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[9]. Secs 6.7–6.11 Ins 2017 No 60, Sch 6.1. Sec 6.12 Ins 2017 No 60, Sch 6.1. Am 2018 No 63, Sch 3.3[10]. Secs 6.13–6.21 Ins 2017 No 60, Sch 6.1. Div 6.7 Ins 2017 No 60, Sch 6.1. Sec 6.22 Ins 2017 No 60, Sch 6.1. Sec 6.23 Ins 2017 No 60, Sch 6.1. Am 2024 No 72, Sch 1[4]. Sec 6.24 Ins 2017 No 60, Sch 6.1. Sec 6.25 Ins 2017 No 60, Sch 6.1. Am 2017 No 69, Sch 2.4 [3]. Sec 6.26 Ins 2017 No 60, Sch 6.1. Div 6.8 (secs 6.27–6.35) Ins 2017 No 60, Sch 6.1. Part 7, heading Ins 2017 No 60, Sch 7.2 [3]. Div 7.1 (previously Part 4, Div 6) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 1 (previously Part 4, Div 6, Subdiv 1) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.1 (previously sec 93C93E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[4]. Sec 7.2 (previously sec 93D) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.3 (previously sec 93E) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 2 (previously Part 4, Div 6, Subdiv 2) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.4 (previously sec 93F) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[5] [6]; 2025 No 71, Sch 1[116]. Sec 7.5 (previously sec 93G) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.6 (previously sec 93H) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [31]. Secs 7.7–7.10 (previously secs 93I–93L) Renumbered 2017 No 60, Sch 7.2 [1]. Div 7.1, Subdiv 3 (previously Part 4, Div 6, Subdiv 3) Renumbered 2017 No 60, Sch 7.2 [1]. Secs 7.11–7.13 (previously secs 94–94B) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.14 (previously sec 94C) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.15 (previously sec 94CA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.16 (previously sec 94D) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 25, Sch 4 [5]. Sec 7.17 (previously sec 94E) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2020 No 5, Sch 1.11[6]. Sec 7.18 (previously sec 94EA) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2023 No 10, Sch 1[7]. Sec 7.19 (previously sec 94EAA) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.20 (previously sec 94EB) Renumbered 2017 No 60, Sch 7.2 [1]. Sec 7.21 (previously sec 94EC) Renumbered 2017 No 60, Sch 7.2 [1]. Am 2018 No 63, Sch 3.3[4] [5]. Div 7.1, Subdiv 4 (previously Part 4, Div 6, Subdiv 4) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.22 (previously sec 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. Sec 7.23 (previously sec 94EE) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.24 (previously sec 94EF) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.25 (previously sec 94EG) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.26 (previously sec 94EH) Renumbered 2017 No 60, Sch 7.2 [2]. Subst 2023 No 10, Sch 1[8]. Sec 7.27 (previously sec 94EI) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.28 (previously sec 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]. Sec 7.29 (previously sec 94EK) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.30 (previously sec 94EL) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31 (previously sec 94EM) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2018 No 70, Sch 3.20; 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 5 (previously Part 4, Div 6, Subdiv 5) Renumbered 2017 No 60, Sch 7.2 [1]. Subst 2023 No 10, Sch 1[8]. Sec 7.31A Ins 2023 No 10, Sch 1[8]. Sec 7.31B Ins 2023 No 10, Sch 1[8]. Am 2023 No 52, Sch 1[17]. Sec 7.31C Ins 2023 No 10, Sch 1[8]. Sec 7.31D Ins 2023 No 10, Sch 1[8]. Sec 7.31E Ins 2023 No 10, Sch 1[8]. Div 7.1, Subdiv 6 Ins 2023 No 10, Sch 1[8]. Sec 7.31F Ins 2023 No 10, Sch 1[8]. Am 2025 No 71, Sch 1[117]. Div 7.2 (previously Part 4, Div 6A Renumbered 2017 No 60, Sch 7.2 [2]. Sec 7.32 (previously sec 94F) Renumbered 2017 No 60, Sch 7.2 [2]. Am 2023 No 10, Sch 1[9]; 2025 No 24, Sch 1[36]–[39]. Sec 7.33 (previously sec 94G) Renumbered 2017 No 60, Sch 7.2 [2]. Div 7.3 (previously Part 7, Div 1) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.34 (previously sec 128) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.35 (previously sec 129) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [32]. Secs 7.36, 7.37 (previously secs 130, 131) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.38 (previously sec 132) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5] [33]. Sec 7.39 (previously sec 133) Renumbered 2017 No 60, Sch 7.2 [4]. Am 2018 No 25, Sch 4 [5]. Secs 7.40, 7.41 (previously secs 134, 135) Renumbered 2017 No 60, Sch 7.2 [4]. Sec 7.42 (previously sec 143) Renumbered 2017 No 60, Sch 7.2 [6]. Div 7.4 (previously Part 7, Div 2) Renumbered 2017 No 60, Sch 7.2 [5]. Sec 7.43 (previously sec 136) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]. Sec 7.44 (previously sec 137) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2024 No 72, Sch 1[5]; 2025 No 71, Sch 1[118]. Sec 7.45 (previously sec 138) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2025 No 71, Sch 1[118]. Sec 7.46 (previously sec 139) Renumbered 2017 No 60, Sch 7.2 [5]. Am 2018 No 25, Sch 4 [5]; 2023 No 10, Sch 1[10]; 2025 No 71, Sch 1[118]. Part 8 Ins 2017 No 60, Sch 8.1 [2]. Div 8.1 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.1 Ins 2017 No 60, Sch 8.1 [2]. Div 8.2 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.2 Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[119]. Sec 8.3 Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[123]–[125]. Sec 8.4 Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[129]. Sec 8.5 Ins 2017 No 60, Sch 8.1 [2]. Am 2025 No 71, Sch 1[130] [131]. Div 8.3 Ins 2017 No 60, Sch 8.1 [2]. Secs 8.6, 8.7 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.8 Ins 2017 No 60, Sch 8.1 [2]. Am 2018 No 25, Sch 4 [34]. Sec 8.9 Ins 2017 No 60, Sch 8.1 [2]. Sec 8.9A Ins 2025 No 71, Sch 1[132]. Sec 8.10 Ins 2017 No 60, Sch 8.1 [2]. Subst 2020 No 5, Sch 1.11[7]. Am 2025 No 71, Sch 1[133]. Secs 8.11–8.15 Ins 2017 No 60, Sch 8.1 [2]. Divs 8.4–8.6 (secs 8.16–8.26) Ins 2017 No 60, Sch 8.1 [2]. Div 9.1, heading Ins 2017 No 60, Sch 9.2 [8]. Div 9.1 (previously Part 6, Divs 1, 1AA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.1 (previously sec 117) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [35] [36]. Sec 9.2 (previously sec 117A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2023 No 35, Sch 4.11[1] [2]. Sec 9.3 (previously sec 117B) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [37]; 2018 No 63, Sch 3.3[11]–[14]. Sec 9.4 (previously sec 117BA) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.5 Ins 2017 No 60, Sch 9.1 [1]. Sec 9.6 (previously sec 118) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [38]–[40]. Sec 9.7 (previously sec 118AB) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.8 (previously sec 118AC) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.9 (previously sec 118AD) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [41]. Sec 9.10 (previously sec 118AE) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.11 (previously sec 118AF) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [42]. Sec 9.12 (previously sec 118AG) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [43]. Div 9.2, heading Ins 2017 No 60, Sch 9.2 [10]. Div 9.2 (previously Part 6, Div 1C Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.13 (previously sec 119A) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5] [44]. Secs 9.14, 9.15 (previously secs 119B, 119C) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.16–9.22 (previously secs 119D–119J) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.23 (previously secs 119K) Renumbered 2017 No 60, Sch 9.2 [7]. Am 1979 No 203, sec 9.23(9); 2020 No 5, Sch 1.11[8]; 2021 No 5, Sch 1.12[1]. Secs 9.24–9.32 (previously secs 119L–119T) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.33 (previously sec 119U) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 63, Sch 3.3[4] [5]. Div 9.3 Ins 2017 No 60, Sch 9.1 [2]. Sec 9.34 Ins 2017 No 60, Sch 9.1 [2]. Am 2017 No 69, Sch 2.4 [4]; 2025 No 71, Sch 1[149]. Sec 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]; 2025 No 71, Sch 1[150]. Secs 9.36, 9.37 Ins 2017 No 60, Sch 9.1 [2]. Div 9.4, heading Ins 2017 No 60, Sch 9.2 [13] Div 9.4 (previously Part 6, Div 2B) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.38–9.40 (previously secs 122A–122C) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.41 (previously sec 122D) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Secs 9.42, 9.43 (previously secs 122E, 122F) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.5, heading Ins 2017 No 60, Sch 9.2 [18]. Div 9.5 (previously Part 6, Div 3) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.44–9.49 (previously secs 122–124A) Renumbered 2017 No 60, Sch 9.2 [7]. Div 9.6 (previously Part 6, Div 4) Renumbered 2017 No 60, Sch 9.2 [7]. Sec 9.50 (previously sec 125) Renumbered 2017 No 60, Sch 9.2 [7]. Secs 9.51–9.54 Ins 2017 No 60, Sch 9.2 [22]. Sec 9.55 (previously sec 125D) Renumbered 2017 No 60, Sch 9.2 [7]. Rep 2018 No 25, Sch 4 [48]. Sec 9.56 (previously sec 126) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [49]. Sec 9.57 (previously sec 127) Renumbered 2017 No 60, Sch 9.2 [7]. Am 2018 No 25, Sch 4 [5]. Sec 9.58 (previously sec 127A) Renumbered 2017 No 60, Sch 9.2 [7]. Part 10 (previously Part 8) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.1 (previously sec 6) Renumbered 2017 No 60, Sch 1.2 [10]. Sec 10.2 (previously sec 121) Renumbered 2017 No 60, Sch 9.2 [12]. Am 2018 No 25, Sch 4 [5]. Sec 10.3 (previously sec 146) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.4 (previously sec 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]. Sec 10.5 (previously sec 148) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2022 No 8, Sch 4.1[13]; 2023 No 52, Sch 1[18]. Sec 10.6 (previously sec 148B) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]. Sec 10.7 (previously sec 149) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.8 (previously sec 150) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2024 No 82, Sch 3.3[1] [2]. Secs 10.9–10.12 (previously secs 151–153, 154) Renumbered 2017 No 60, Sch 10.2 [2]. Sec 10.13 (previously sec 157) Renumbered 2017 No 60, Sch 10.2 [2]. Am 2018 No 25, Sch 4 [5]; 2018 No 63, Sch 3.3[15]; 2025 No 71, Sch 1[153]. Sec 10.14 (previously sec 158A) Renumbered 2017 No 60, Sch 10.2 [2]. Secs 10.15, 10.16 Ins 2017 No 60, Sch 10.1 [2]. Sec 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]. Sec 10.18 Ins 2020 No 1, Sch 2.8. Rep 2022 No 5, Sch 1.8[1]. Sch 1 Ins 2017 No 60, Sch 2.1 [2]. Am 2018 (500), Sch 1 [1]; 2019 (571), Sch 1[1] [2]; 2022 (579), sec 3; 2023 (95), sec 3; 2024 No 72, Sch 1[6]; 2025 No 24, Sch 1[40] [41]. 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]; 2025 No 71, Sch 1[156] [161] [170] [178] [179] [184] [186]. Sch 3 Ins 2017 No 60, Sch 2.1 [4]. Am 2018 No 25, Sch 4 [5]. Sch 4 (previously Sch 5A) Renumbered 2017 No 60, Sch 10.2 [5]. Am 2018 (593), cl 3; 2020 (518), cl 3; 2020 (640), cl 3; 2021 (264), cl 3; 2022 (104), sec 3; 2022 (124), sec 3; 2022 (428), sec 3. Subst 2023 No 10, Sch 1[11]. Am 2023 No 52, Sch 1[19]; 2024 No 28, Sch 1[1]. Sch 4B Rep 2018 No 25, Sch 4 [51]. 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]; 2025 No 71, Sch 1[189]–[191]. Sch 6 (previously Part 7A) Renumbered 2017 No 60, Sch 10.2 [1]. Am 2018 No 63, Sch 3.3[16]. Sch 7 (previously Sch 5) Renumbered 2017 No 60, Sch 10.2 [4]. Am 2018 No 25, Sch 4 [55]. 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]. Sch 9 Ins 2023 No 52, Sch 1[20]. Sch 10 Ins 2024 No 12, Sch 1. The whole Act Am 2022 No 8, Sch 4.1[1] (“Greater Sydney Commission” omitted wherever occurring, “Greater Cities Commission” inserted instead); 2022 No 8, Sch 4.1[2] (“Greater Sydney Region” omitted wherever occurring, “Six Cities Region” inserted instead).
— Not present in the earlier version —
— Not present in the earlier version —
For the purposes of comparison, this table shows provisions of this Act as in force immediately before the commencement of the Environmental Planning and Assessment Amendment Act 2017 and the corresponding decimal section numbers following amendment by that Act— Old provision New provision Sec 1 Sec 1.1 Sec 2 Sec 1.2 Sec 4 Secs 1.4, 1.5, 1.6 Sec 4B Sec 6.2 Sec 5 Sec 1.3 Sec 5AA Sec 1.7 Sec 6 Sec 10.1 Sec 7 Sec 2.1 Sec 8 Secs 2.5, 2.6 Sec 9 Schedule 2 cl 31 Sec 10 Schedule 2 cl 31 Sec 11 Schedule 2 cl 31 Sec 12 Schedule 2 cl 31 Sec 13 Sec 2.2 Sec 15 Sec 2.2 Sec 17 — Sec 22 Sec 2.3 Sec 23 Secs 2.4, 2.28 Sec 23A Sec 23B Sec 2.7 Sec 23C Sec 2.11 Sec 23D Sec 2.9 Sec 23E Sec 2.11 Sec 23F Sec 8.6 Sec 23G Secs 2.12, 2.15 Sec 23H Sec 2.16 Sec 23I Sec 4.8 Sec 23J Sec 2.17 Sec 23K Sec 2.18 Sec 23L Sec 2.19 Sec 23M Sec 2.26 Sec 23N Sec 2.27 Sec 23O Sec 24 Sec 3.13 Sec 26 Sec 3.14 Sec 27 Sec 3.15 Sec 28 Sec 3.16 Sec 29 Sec 3.17 Sec 30 Sec 3.18 Sec 31 Sec 3.19 Sec 33A Sec 3.20 Sec 33B Sec 33C Sec 3.23 Sec 34 Sec 3.24 Sec 34A Sec 3.25 Sec 34B Sec 3.26 Sec 35 Sec 3.27 Sec 36 Sec 3.28 Sec 37 Sec 3.29 Sec 38 Sec 3.30 Sec 53 Sec 3.31 Sec 53A Sec 3.31 Sec 54 Sec 3.32 Sec 55 Sec 3.33 Sec 56 Sec 3.34 Sec 57 Schedule 1 cl 4 Sec 58 Sec 3.35 Sec 59 Sec 3.36 Sec 60 Sec 3.37 Sec 72I Sec 3.38 Sec 72J Sec 3.39 Sec 72K Sec 3.40 Sec 73 Sec 3.21 Sec 73A Sec 3.22 Sec 74 Sec 74B Sec 3.41 Sec 74BA Sec 3.42 Sec 74C Sec 3.43 Sec 74D Sec 3.44 Sec 74E Sec 3.45 Sec 74F Sec 3.46 Sec 75AA Sec 3.1 Sec 75AB Sec 3.2 Sec 75AC Sec 3.3 Sec 75AD Sec 3.4 Sec 75AE Sec 3.5 Sec 75AF Sec 3.6 Sec 75AG Sec 3.7 Sec 75AH Schedule 1 cl 2 Sec 75AI Sec 3.8 Sec 75AJ Sec 3.10 Sec 75AK Sec 3.11 Sec 75AL Sec 3.12 Sec 76 Sec 4.1 Sec 76A Sec 4.2 Sec 76B Sec 4.3 Sec 76C Sec 4.4 Sec 77 Sec 4.9 Sec 77A Sec 4.10 Sec 78 Sec 4.11 Sec 78A Sec 4.12 Sec 79 Schedule 1 cl 8 Sec 79A Schedule 1 Sec 79B Sec 4.13 Sec 79BA Sec 4.14 Sec 79C Sec 4.15 Sec 80 Sec 4.16 Sec 80A Sec 4.17 Sec 81 Sec 4.18 Sec 81A Secs 4.19, 6.6, 6.7, 6.12, 6.13, 6.14 Sec 82 Sec 8.11 Sec 82A Secs 8.2, 8.3, 8.4, 8.5 Sec 82B Secs 8.2, 8.3, 8.4 Sec 82C Sec 8.5 Sec 82D Sec 8.5 Sec 83 Secs 4.20, 8.13 Sec 83A Sec 4.21 Sec 83B Sec 4.22 Sec 83C Sec 4.23 Sec 83D Sec 4.24 Sec 84 Sec 4.25 Sec 84A Sec 4.26 Sec 85 Sec 4.27 Sec 85A Sec 4.28 Sec 86 Sec 6.6 Sec 86A Sec 4.29 Sec 87 Sec 4.30 Sec 88 Sec 4.32 Sec 89 Sec 4.33 Sec 89A Sec 4.34 Sec 89B Sec 4.35 Sec 89C Sec 4.36 Sec 89D Sec 4.37 Sec 89E Sec 4.38 Sec 89F Schedule 1 cl 9 Sec 89G Sec 4.39 Sec 89H Sec 4.40 Sec 89J Sec 4.41 Sec 89K Sec 4.42 Sec 89L Sec 4.43 Sec 90 Sec 4.44 Sec 90A Sec 4.45 Sec 91 Sec 4.46 Sec 91A Sec 4.47 Sec 92 Sec 4.48 Sec 92A Sec 4.49 Sec 93 Sec 4.50 Sec 93A Sec 4.51 Sec 93B Sec 4.52 Sec 93C Sec 7.1 Sec 93D Sec 7.2 Sec 93E Sec 7.3 Sec 93F Sec 7.4 Sec 93G Sec 7.5 Sec 93H Sec 7.6 Sec 93I Sec 7.7 Sec 93J Sec 7.8 Sec 93K Sec 7.9 Sec 93L Sec 7.10 Sec 94 Sec 7.11 Sec 94A Sec 7.12 Sec 94B Sec 7.13 Sec 94C Sec 7.14 Sec 94CA Sec 7.15 Sec 94D Sec 7.16 Sec 94E Sec 7.17 Sec 94EA Sec 7.18 Sec 94EAA Sec 7.19 Sec 94EB Sec 7.20 Sec 94EC Sec 7.21 Sec 94ED Sec 7.22 Sec 94EE Sec 7.23 Sec 94EF Sec 7.24 Sec 94EG Sec 7.25 Sec 94EH Sec 7.26 Sec 94EI Sec 7.27 Sec 94EJ Sec 7.28 Sec 94EK Sec 7.29 Sec 94EL Sec 7.30 Sec 94EM Sec 7.31 Sec 94F Sec 7.32 Sec 94G Sec 7.33 Sec 95 Sec 4.53 Sec 95A Secs 4.54, 8.22 Sec 96 Sec 4.55 Sec 96AA Sec 4.56 Sec 96AB Sec 8.9 Sec 96A Secs 4.57, 8.23 Sec 97 Secs 8.7, 8.10 Sec 97AA Sec 8.9 Sec 97A Sec 8.12 Sec 97B Sec 8.15 Sec 98 Secs 8.8, 8.10 Sec 98A Sec 8.21 Sec 99 Sec 8.15 Sec 100 Sec 4.58 Sec 101 Sec 4.59 Sec 102 Sec 4.60 Sec 103 Sec 4.61 Sec 104 Sec 4.62 Sec 104A Sec 4.63 Sec 105 Secs 4.64, 8.26 Sec 106 Sec 4.65 Sec 107 Sec 4.66 Sec 108 Sec 4.67 Sec 109 Sec 4.68 Sec 109A Sec 4.69 Sec 109B Sec 4.70 Sec 109C Secs 6.3, 6.4, 6.16 Sec 109D Sec 6.17 Sec 109E Sec 6.5 Sec 109EA — Sec 109F Sec 6.8 Sec 109G Sec 6.18 Sec 109H Secs 6.9, 6.10 Sec 109I Sec 6.11 Sec 109J Sec 6.15 Sec 109K Secs 8.16, 8.17 Sec 109L Sec 6.31 Sec 109M Sec 6.9 Sec 109N Sec 6.9 Sec 109O Sec 6.29 Sec 109P Sec 6.30 Sec 109Q Sec 6.33 Sec 109R Sec 6.28 Sec 109ZI Sec 6.19 Sec 109ZK Sec 6.20 Sec 109ZL Sec 6.21 Sec 110 Sec 5.1 Sec 110A Sec 5.2 Sec 110B Sec 5.3 Sec 110E Sec 5.4 Sec 111 Sec 5.5 Sec 111A Sec 5.6 Sec 112 Sec 5.7 Sec 113 Sec 5.8, Schedule 1 cl 11 Sec 114 Sec 5.9 Sec 115 Sec 5.10 Sec 115G–115RA Fisheries Management Act 1994 , Schedule 1AA Sec 115T Sec 5.11 Sec 115U Sec 5.12 Sec 115V Sec 5.13 Sec 115W Sec 5.14 Sec 115X Sec 5.15 Sec 115Y Sec 5.16 Sec 115Z Sec 5.17, Schedule 1 cl 12 Sec 115ZA Sec 5.18 Sec 115ZB Sec 5.19 Sec 115ZD Sec 5.20 Sec 115ZE Sec 5.21 Sec 115ZF Sec 5.22 Sec 115ZG Sec 5.23 Sec 115ZH Sec 5.24 Sec 115ZI Sec 5.25 Sec 115ZJ Sec 5.26 Sec 115ZK Sec 5.27 Sec 115ZL Sec 5.28 Sec 115ZM Sec 5.29 Sec 117 Sec 9.1 Sec 117A Sec 9.2 Sec 117B Sec 9.3 Sec 117BA Sec 9.4 Sec 117C Sec 9.5 Sec 118 Sec 9.6 Sec 118AB Sec 9.7 Sec 118AC Sec 9.8 Sec 118AD Secs 2.16, 9.9 Sec 118AE Secs 2.16, 9.10 Sec 118AF Sec 9.11 Sec 118AG Sec 9.12 Sec 119A Sec 9.13 Sec 119B Sec 9.14 Sec 119C Sec 9.15 Sec 119D Sec 9.16 Sec 119E Sec 9.17 Sec 119F Sec 9.18 Sec 119G Sec 9.19 Sec 119H Sec 9.20 Sec 119I Sec 9.21 Sec 119J Sec 9.22 Sec 119K Sec 9.23 Sec 119L Sec 9.24 Sec 119M Sec 9.25 Sec 119N Sec 9.26 Sec 119O Sec 9.27 Sec 119P Sec 9.28 Sec 119Q Sec 9.29 Sec 119R Sec 9.30 Sec 119S Sec 9.31 Sec 119T Sec 9.32 Sec 119U Sec 9.33 Sec 121 Sec 10.2 Sec 121A–121ZS Secs 9.34–9.37 and Schedule 5 Sec 122A Sec 9.38 Sec 122B Sec 9.39 Sec 122C Sec 9.40 Sec 122D Sec 9.41 Sec 122E Sec 9.42 Sec 122F Sec 9.43 Sec 122 Sec 9.44 Sec 123 Sec 9.45 Sec 124 Sec 9.46 Sec 124AA Sec 9.47 Sec 124AB Sec 9.48 Sec 124A Sec 9.49 Sec 125 Secs 9.37, 9.50 Sec 125A Sec 9.52 Sec 125B Sec 9.53 Sec 125C Sec 9.54 Sec 125D Sec 9.55 Sec 126 Sec 9.56 Sec 127 Sec 9.57 Sec 127A Sec 9.58 Sec 128 Sec 7.34 Sec 129 Sec 7.35 Sec 130 Sec 7.36 Sec 131 Sec 7.37 Sec 132 Sec 7.38 Sec 133 Sec 7.39 Sec 134 Sec 7.40 Sec 135 Sec 7.41 Sec 136 Sec 7.43 Sec 137 Sec 7.44 Sec 138 Sec 7.45 Sec 139 Sec 7.46 Sec 143 Sec 7.42 Sec 144 — Sec 145A Schedule 6 cl 1 Sec 145B Schedule 6 cl 2 Sec 145C Schedule 6 cl 3 Sec 146 Sec 10.3 Sec 146A Sec 6.34 Sec 147 Sec 10.4 Sec 148 Sec 10.5 Sec 148B Sec 10.6 Sec 149 Secs 8.25, 10.7 Sec 149A Sec 6.26 Sec 149B Secs 6.22, 6.23 Sec 149C Sec 6.26 Sec 149D Secs 6.24, 6.25, 6.26 Sec 149E Sec 6.25 Sec 149F Sec 8.25 Sec 149G Sec 6.26 Sec 150 Sec 10.8 Sec 151 Sec 10.9 Sec 152 Sec 10.10 Sec 153 Sec 10.11 Sec 153A Sec 2.29 Sec 154 Sec 10.12 Sec 157 Sec 10.13 Sec 158 Sec 2.28 Sec 158A Sec 10.14 Sec 158B Sec 2.25 Sec 158C Sec 2.25, Schedule 3 cl 1 Sec 158D Schedule 3 cl 2 Sec 158E Schedule 3 cl 3 Sec 159 Sec 10.15