Environmental Planning and Assessment Act 1979

Environmental planning instruments—LEPs div 3.4, hdg: Ins 2017 No 60, Sch 3.2 [10]. 3.31 Making of environmental planning instruments for local areas (LEPs) (cf previous ss 53, 53A) (1) A local plan-making authority may make environmental planning instruments for the purpose of environmental planning— (a) in each local government area, and (b) in such other areas of the State (including the coastal waters of the State) as the local plan-making authority determines. (2) Any such instrument may be called a local environmental plan (or LEP). (3) For the purposes of this Division, the following are local plan-making authorities — (a) the Minister, (b) a council for its local government area if the gateway determination under this Division authorises the council to make the local environmental plan concerned. s 3.31: Ins 2017 No 60, Sch 3.1 [3]. Am 2018 No 66, Sch 1 [7]. 3.32 Planning proposal authority (cf previous s 54) (1) For the purposes of this Division, the planning proposal authority in respect of a proposed instrument is as follows— (a) the council for the local government area to which the proposed instrument is to apply, subject to paragraph (b), (b) if so directed under subsection (2)—the Planning Secretary, a Sydney district or regional planning panel or any other person or body prescribed by the regulations. (2) The Minister may direct that the Planning Secretary (or any such panel, person or body) is the planning proposal authority for a proposed instrument in any of the following cases— (a) the proposed instrument relates to a matter that, in the opinion of the Minister, is of State or regional environmental planning significance or of environmental planning significance to a district under Division 3.1, (b) the proposed instrument makes provision that, in the opinion of the Minister, is consequential on the making of another environmental planning instrument or is consequential on changes made to a standard instrument under section 3.20, (c) the Planning Secretary, the Independent Planning Commission or a Sydney district or regional planning panel has recommended that the proposed instrument should be submitted for a determination under section 3.34 (Gateway determination) or that the proposed instrument should be made, (d) the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed instrument or has not carried out those obligations in a satisfactory manner, (e) the proposed instrument is to apply to an area that is not within a local government area. (3) A planning proposal authority that is requested by the owner of any land to exercise its functions under this Division in relation to the land may, as a condition of doing so, require the owner to carry out studies or provide other information concerning the proposal or to pay the costs of the authority in accordance with the regulations. (4) The Minister may, in a direction under this section, require a council to provide studies or other information in its possession relating to the proposed instrument to the person or body specified in the direction as the planning proposal authority for the proposed instrument. (5) Two or more relevant local authorities may together exercise the functions under this Division of a planning proposal authority in connection with the making of a single principal or amending instrument in relation to the whole of their combined areas. (6) A reference in this section to a local government area includes a reference to an adjoining area that is not within a local government area and that is designated as part of that local government area for the purposes of this Division by a Ministerial planning order. s 3.32: Ins 2017 No 60, Sch 3.1 [4]. Am 2018 No 25, Sch 4 [12]; 2018 No 66, Sch 1 [5] [8] [9]. 3.33 Planning proposal authority to prepare explanation of and justification for proposed instrument—the planning proposal (cf previous s 55) (1) Before an environmental planning instrument is made under this Division, the planning proposal authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal ). (2) The planning proposal is to include the following— (a) a statement of the objectives or intended outcomes of the proposed instrument, (b) an explanation of the provisions that are to be included in the proposed instrument, (c) the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will give effect to the local strategic planning statement of the council of the area and will comply with relevant directions under section 9.1), (d) if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument, (e) details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument. (3) The Planning Secretary may issue requirements with respect to the preparation of a planning proposal. s 3.33 (previously s 55): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.34 Gateway determination (cf previous s 56) (1) After preparing a planning proposal, the planning proposal authority may forward it to the Minister. (2) After a review of the planning proposal, the Minister is to determine the following— (a) whether the matter should proceed (with or without variation), (b) whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal), (c) the minimum period of public exhibition of the planning proposal (or a determination that no such public exhibition is required because of the minor nature of the proposal), Note. Under Schedule 1, the mandatory period of public exhibition is 28 days if a determination is not made under paragraph (c). (d) whether consultation is required with State or Commonwealth public authorities and, if so, the public authorities to be consulted, (e) whether a public hearing is to be held into the matter by the Independent Planning Commission or other specified person or body, (f) the times within which the various stages of the procedure for the making of the proposed instrument are to be completed, (g) if the planning proposal authority is a council—whether the council is authorised to make the proposed instrument and any conditions the council is required to comply with before the instrument is made. (3) A determination of the community consultation requirements includes a determination under section 3.22 (or other provision of this Act) that the matter does not require community consultation. (3A), (3B) (4) The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category. (5) The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Independent Planning Commission or a Sydney district or regional planning panel— (a) if there has been any delay in the matter being finalised, or (b) if for any other reason the Minister considers it appropriate to do so. (6) The planning proposal authority may, at any time, forward a revised planning proposal to the Minister. (7) The Minister may, at any time, alter a determination made under this section. (8) A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under Schedule 1, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that Schedule. s 3.34 (previously s 56): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [13]; 2018 No 66, Sch 1 [5] [10] [11]; 2023 No 52, Sch 1[16]; 2025 No 71, Sch 1[46]. 3.35 Planning proposal authority may vary proposals or not proceed (cf previous s 58) (1) The planning proposal authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason. (2) If it does so, the planning proposal authority is to forward a revised planning proposal to the Minister. (3) Further community consultation under Schedule 1 is not required unless the Minister so directs in a revised determination under section 3.34. (4) The planning proposal authority may also, at any time, request the Minister to determine that the matter not proceed. s 3.35 (previously s 58): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [14]; 2018 No 66, Sch 1 [5] [10]. 3.36 Making of local environmental plan by local plan-making authority (cf previous s 59) (1) The Planning Secretary is to make arrangements for the drafting of any required local environmental plan to give effect to the final proposals of the planning proposal authority. The Planning Secretary is to consult the planning proposal authority, in accordance with the regulations, on the terms of any such draft instrument. (2) The local plan-making authority may, following completion of community consultation— (a) make a local environmental plan (with or without variation of the proposals submitted by the planning proposal authority) in the terms the local plan-making authority considers appropriate, or (b) decide not to make the proposed local environmental plan. (3) The local plan-making authority may defer the inclusion of a matter in a proposed local environmental plan. (4) If the local plan-making authority does not make the proposed local environmental plan or defers the inclusion of a matter in a proposed local environmental plan, the local plan-making authority may specify which procedures under this Division the planning proposal authority must comply with before the matter is reconsidered by the local plan-making authority. ss 3.36, 3.37 (previously ss 59, 60): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5]. 3.37 Regulations (cf previous s 60) The regulations may make further provision with respect to the making of environmental planning instruments under this Division, including— (a) requirements with respect to consultation about proposed instruments by a planning proposal authority with particular persons or bodies, and (b) requirements with respect to planning proposals and the submission of other related reports and documents, and (c) requirements with respect to advertising in connection with community consultation on proposed instruments, and (d) provisions relating to consultation by the Planning Secretary with relevant planning authorities and others on the drafting of proposed instruments, and (e) requirements for concurrence of public authorities in relation to the reservation of land for a purpose referred to in section 3.14(1)(c). Note. The Interpretation Act 1987 applies to environmental planning instruments. ss 3.36, 3.37 (previously ss 59, 60): Renumbered 2017 No 60, Sch 3.2 [4]. Am 2018 No 25, Sch 4 [5].