Environmental Planning and Assessment Regulation 2021

Planning certificates 1 Names of relevant planning instruments and development control plans (1) The name of each environmental planning instrument and development control plan that applies to the carrying out of development on the land. (2) The name of each proposed environmental planning instrument and draft development control plan, which is or has been subject to community consultation or public exhibition under the Act, that will apply to the carrying out of development on the land. (3) Subsection (2) does not apply in relation to a proposed environmental planning instrument or draft development control plan if— (a) it has been more than 3 years since the end of the public exhibition period for the proposed instrument or draft plan, or (b) for a proposed environmental planning instrument—the Planning Secretary has notified the council that the making of the proposed instrument has been deferred indefinitely or has not been approved. (4) In this section— proposed environmental planning instrument means a draft environmental planning instrument and includes a planning proposal for a local environmental plan. 2 Zoning and land use under relevant planning instruments The following matters for each environmental planning instrument or draft environmental planning instrument that includes the land in a zone, however described— (a) the identity of the zone, whether by reference to— (i) a name, such as “Residential Zone” or “Heritage Area”, or (ii) a number, such as “Zone No 2 (a)”, (b) the purposes for which development in the zone— (i) may be carried out without development consent, and (ii) may not be carried out except with development consent, and (iii) is prohibited, (c) whether additional permitted uses apply to the land, (d) whether development standards applying to the land fix minimum land dimensions for the erection of a dwelling house on the land and, if so, the fixed minimum land dimensions, (e) whether the land is in an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 , (f) whether the land is in a conservation area, however described, (g) whether an item of environmental heritage, however described, is located on the land. 3 Contributions (1) The name of each contributions plan under the Act, Division 7.1 applying to the land, including draft contributions plans. (2) If the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4— (a) the name of the region, and (b) the name of the Ministerial planning order in which the region is identified. (3) If the land is in a special contributions area to which a continued 7.23 determination applies, the name of the area. (4) In this section— continued 7.23 determination means a 7.23 determination that— (a) has been continued in force by the Act, Schedule 4, Part 1, and (b) has not been repealed as provided by that part. Note— The Act, Schedule 4, Part 1 contains other definitions that affect the interpretation of this section. 4 Complying development (1) If the land is land on which complying development may be carried out under each of the complying development codes under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , because of that Policy, clause 1.17A(1)(c)–(e), (2), (3) or (4), 1.18(1)(c3) or 1.19. (2) If complying development may not be carried out on the land because of 1 of those clauses, the reasons why it may not be carried out under the clause. (3) If the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land, a statement that— (a) a restriction applies to the land, but it may not apply to all of the land, and (b) the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land. (4) If the complying development codes are varied, under that Policy, clause 1.12, in relation to the land. 5 Exempt development (1) If the land is land on which exempt development may be carried out under each of the exempt development codes under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , because of that Policy, clause 1.16(1)(b1)–(d) or 1.16A. (2) If exempt development may not be carried out on the land because of 1 of those clauses, the reasons why it may not be carried out under the clause. (3) If the council does not have sufficient information to ascertain the extent to which exempt development may or may not be carried out on the land, a statement that— (a) a restriction applies to the land, but it may not apply to all of the land, and (b) the council does not have sufficient information to ascertain the extent to which exempt development may or may not be carried out on the land. (4) If the exempt development codes are varied, under that Policy, clause 1.12, in relation to the land. 6 Affected building notices and building product rectification orders (1) Whether the council is aware that— (a) an affected building notice is in force in relation to the land, or (b) a building product rectification order is in force in relation to the land that has not been fully complied with, or (c) a notice of intention to make a building product rectification order given in relation to the land is outstanding. (2) In this section— affected building notice has the same meaning as in the Building Products (Safety) Act 2017 , Part 4. building product rectification order has the same meaning as in the Building Products (Safety) Act 2017 . 7 Land reserved for acquisition Whether an environmental planning instrument or proposed environmental planning instrument referred to in section 1 makes provision in relation to the acquisition of the land by an authority of the State, as referred to in the Act, section 3.15. 8 Road widening and road realignment Whether the land is affected by road widening or road realignment under— (a) the Roads Act 1993 , Part 3, Division 2, or (b) an environmental planning instrument, or (c) a resolution of the council. 9 Flood related development controls (1) If the land or part of the land is within the flood planning area and subject to flood related development controls. (2) If the land or part of the land is between the flood planning area and the probable maximum flood and subject to flood related development controls. (3) In this section— flood planning area has the same meaning as in the Flood Risk Management Manual. Flood Risk Management Manual means the Flood Risk Management Manual , ISBN 978-1-923076-17-4 , published by the NSW Government in June 2023. probable maximum flood has the same meaning as in the Flood Risk Management Manual. 10 Council and other public authority policies on hazard risk restrictions (1) Whether any of the land is affected by an adopted policy that restricts the development of the land because of the likelihood of land slip, bush fire, tidal inundation, subsidence, acid sulfate soils, contamination, aircraft noise, salinity, coastal hazards, sea level rise or another risk, other than flooding. (2) In this section— adopted policy means a policy adopted— (a) by the council, or (b) by another public authority, if the public authority has notified the council that the policy will be included in a planning certificate issued by the council. 11 Bush fire prone land (1) If any of the land is bush fire prone land, designated by the Commissioner of the NSW Rural Fire Service under the Act, section 10.3, a statement that all or some of the land is bush fire prone land. (2) If none of the land is bush fire prone land, a statement to that effect. 12 Loose-fill asbestos insulation If the land includes residential premises, within the meaning of the Home Building Act 1989 , Part 8, Division 1A, that are listed on the Register kept under that Division, a statement to that effect. 13 Mine subsidence Whether the land is declared to be a mine subsidence district, within the meaning of the Coal Mine Subsidence Compensation Act 2017 . 14 Paper subdivision information (1) The name of a development plan adopted by a relevant authority that— (a) applies to the land, or (b) is proposed to be subject to a ballot. (2) The date of a subdivision order that applies to the land. (3) Words and expressions used in this section have the same meaning as in this Regulation, Part 10 and the Act, Schedule 7. 15 Property vegetation plans If the land is land in relation to which a property vegetation plan is approved and in force under the Native Vegetation Act 2003 , Part 4, a statement to that effect, but only if the council has been notified of the existence of the plan by the person or body that approved the plan under that Act. 16 Biodiversity stewardship sites If the land is a biodiversity stewardship site under a biodiversity stewardship agreement under the Biodiversity Conservation Act 2016 , Part 5, a statement to that effect, but only if the council has been notified of the existence of the agreement by the Biodiversity Conservation Trust. Note— Biodiversity stewardship agreements include biobanking agreements under the Threatened Species Conservation Act 1995 , Part 7A that are taken to be biodiversity stewardship agreements under the Biodiversity Conservation Act 2016 , Part 5. 17 Biodiversity certified land If the land is biodiversity certified land under the Biodiversity Conservation Act 2016 , Part 8, a statement to that effect. Note— Biodiversity certified land includes land certified under the Threatened Species Conservation Act 1995 , Part 7AA that is taken to be certified under the Biodiversity Conservation Act 2016 , Part 8. 18 Orders under Trees (Disputes Between Neighbours) Act 2006 Whether an order has been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land, but only if the council has been notified of the order. 19 Annual charges under Local Government Act 1993 for coastal protection services that relate to existing coastal protection works (1) If the Coastal Management Act 2016 applies to the council, whether the owner, or a previous owner, of the land has given written consent to the land being subject to annual charges under the Local Government Act 1993 , section 496B, for coastal protection services that relate to existing coastal protection works. (2) In this section— existing coastal protection works has the same meaning as in the Local Government Act 1993 , section 553B. Note— Existing coastal protection works are works to reduce the impact of coastal hazards on land, such as seawalls, revetments, groynes and beach nourishment, that existed before 1 January 2011. 20 Western Sydney Aerotropolis Whether under State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 4 the land is— (a) in an ANEF or ANEC contour of 20 or greater, as referred to in that Chapter, section 4.17, or (b) shown on the Lighting Intensity and Wind Shear Map , or (c) shown on the Obstacle Limitation Surface Map , or (d) in the “public safety area” on the Public Safety Area Map , or (e) in the “3 kilometre wildlife buffer zone” or the “13 kilometre wildlife buffer zone” on the Wildlife Buffer Zone Map . 21 Development consent conditions for seniors housing If State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 5 applies to the land, any conditions of a development consent granted after 11 October 2007 in relation to the land that are of the kind set out in that Policy, section 88(2). 22 Site compatibility certificates and development consent conditions for affordable rental housing (1) Whether there is a current site compatibility certificate under State Environmental Planning Policy (Housing) 2021 , or a former site compatibility certificate, of which the council is aware, in relation to proposed development on the land and, if there is a certificate— (a) the period for which the certificate is current, and (b) that a copy may be obtained from the Department. (2) If State Environmental Planning Policy (Housing) 2021 , Chapter 2, Part 2, Division 1 or 5 applies to the land, any conditions of a development consent in relation to the land that are of a kind referred to in that Policy, section 21(1) or 40(1). (3) Any conditions of a development consent in relation to land that are of a kind referred to in State Environmental Planning Policy (Affordable Rental Housing) 2009 , clause 17(1) or 38(1). (4) In this section— former site compatibility certificate means a site compatibility certificate issued under State Environmental Planning Policy (Affordable Rental Housing) 2009 . 23 Water or sewerage services If water or sewerage services are, or are to be, provided to the land under the Water Industry Competition Act 2006 , a statement to that effect. Note— A public water utility may not be the provider of some or all of the services to the land. If a water or sewerage service is provided to the land by a licensee under the Water Industry Competition Act 2006 , a contract for the service will be deemed to have been entered into between the licensee and the owner of the land. A register relating to approvals and licences necessary for the provision of water or sewerage services under the Water Industry Competition Act 2006 is maintained by the Independent Pricing and Regulatory Tribunal and provides information about the areas serviced, or to be serviced, under that Act. Purchasers should check the register to understand who will service the property. Outstanding charges for water or sewerage services provided under the Water Industry Competition Act 2006 become the responsibility of the purchaser. 24 Special entertainment precincts Whether the land or part of the land is in a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202B. sch 2: Am 2022 (40), Sch 1[50]–[54]; 2023 (547), Sch 1[5]; 2023 (602), Sch 1; 2024 (97), Sch 1[3]; 2025 (300), Sch 1[2].