Table of agencies and triggers for consultation during LEP making.
This section provides a non-exhaustive table summarising key NSW government agencies and authorities that may require consultation during the LEP making process, and the matters that trigger consultation with each (covering biodiversity, flooding, fire, heritage, agriculture, resources, hazards, water, transport and more). Where a proposal triggers one or more listed matters, proponents and the PPA are encouraged to consult before lodgement, and again post-Gateway where required by the determination.
This guideline is the 'Consultation Guidance for planning proposals' component of the NSW Local Environmental Plan Making Guideline. In plain terms, it is a reference table that tells councils and proponents which NSW government agencies and authorities they may need to talk to when they are trying to change a Local Environmental Plan (rezone land or alter development standards), and what features of a site or proposal will 'trigger' that conversation. Each entry lists an agency (for example the Development Coordination Authority streams for biodiversity, flooding, fire and heritage, plus bodies like Crown Lands, DPIRD Fisheries, the EPA, Transport for NSW and coastal/resilience units), the circumstances that make consultation relevant, and the legislation or policy behind it.
The mechanics are triggered by site characteristics: if a proposal touches, say, flood-prone land, bushfire-prone land, native vegetation, the coastal zone or a state heritage item, the relevant agency should be consulted. Consultation happens at two stages — pre-lodgement (before the planning proposal is formally submitted, coordinated through the Department and the DCA) and post-Gateway (where the Gateway determination requires or recommends it). The DCA is the whole-of-government coordination point, so councils and proponents generally do not chase each agency individually.
The consequence of ignoring the right consultation is practical rather than penal: unresolved agency objections can stall or stop a proposal. Under the broader Guideline, the Minister may withdraw a council's authorisation to make an LEP where there are outstanding written objections from authorities and government agencies, and the Department cannot finalise a proposal until relevant agency issues and section 9.1 Ministerial Direction matters are resolved. Getting consultation right early is therefore how a proposal avoids delay.
Planning proposal authorities (usually councils) and proponents preparing planning proposals. The Development Coordination Authority coordinates and provides agency advice on behalf of NSW Government agencies, and the Department manages referrals at pre-lodgement and through the Gateway determination.
When a planning proposal (or planning proposal request) is being scoped, prepared, lodged or progressed. Consultation is triggered where the proposal or site meets one or more of the matters listed against a given agency, and occurs at the pre-lodgement stage and/or post-Gateway as required or recommended by the Gateway determination.
No formal exemption is stated. Consultation is triggered-based rather than universal — it only applies where a proposal meets one or more of the listed matters for an agency, so a proposal that triggers nothing on the list need not consult those bodies. Note that Heritage NSW advises only on State-listed or State-protected heritage and Aboriginal cultural heritage, not on local heritage values or locally listed items.
Ties directly to the Gateway determination (which can require or recommend consultation), the Development Coordination Authority (Division 2.3B EP&A Act) as the coordination body, and section 9.1 Ministerial Directions (Local Plan Making priorities). It cross-references numerous instruments including the Biodiversity Conservation Act 2016, State Environmental Planning Policy (Resilience and Hazards) 2021, SEPP (Biodiversity and Conservation) 2021, Coastal Management Act 2016, Rural Fires Act 1997 / Planning for Bushfire Protection, Heritage Act 1977, National Parks and Wildlife Act 1974, Fisheries Management Act 1994, Water Management Act 2000, the Flood Risk Management Manual (2023) and SEPP (Transport and Infrastructure) 2021, among others.
The guidance identifies matters (e.g. flooding, bushfire, biodiversity, coastal zone, heritage, contamination, pipelines, transport) that trigger consultation with specific authorities; proponents and the PPA should check the site and proposal against these lists.
Where a proposal triggers a listed matter, proponents and the PPA are encouraged to consult the relevant authority prior to lodgement to identify issues early and confirm information needs.
Consultation may also occur post-Gateway where required or recommended by the Gateway determination; the DCA is consulted directly on Gateway conditions and technical advice through the Department.
Consultation with the DPHI Resilience and Sustainability stream applies where a planning proposal is on land within the coastal zone (coastal wetlands and littoral rainforests, coastal vulnerability, coastal environment and coastal use areas) under the Coastal Management Act 2016 and Resilience and Hazards SEPP.
The list of agencies is not complete; additional engagement with authorities or government agencies may occur at other stages of the LEP making process.
Highly relevant to Kiama. As a coastal Illawarra/South Coast LGA, many Kiama planning proposals will land in the coastal zone, triggering the Coastal Management Act 2016 / Resilience and Hazards SEPP consultation stream (coastal wetlands, littoral rainforest, coastal vulnerability, environment and use areas). Kiama's flood-prone flats and estuaries trigger DCA-Flooding and the SES; its bushfire-prone rural fringes trigger DCA-Fire and the RFS; its heritage towns trigger DCA-Heritage (though local heritage listings are not covered by Heritage NSW); and its estuarine/coastal waters can trigger DPIRD Fisheries. Rural and dairy land may trigger DPIRD Agriculture. A typical Kiama rezoning should map these triggers at scoping and consult through the DCA early to avoid Gateway or finalisation delays.
“This document outlines consultation requirements for planning proposals at the pre-lodgement and post-Gateway stages and identifies the matters that may trigger consultation with specific authorities or government agencies.”
“Where proposals trigger one or more of the matters listed for an authority or government agency, proponents and the PPA are encouraged to consult with the relevant authority prior to lodgement to help identify issues early and confirm information needs.”
“The list of government agencies and authorities is non-exhaustive. This guidance does not prevent additional engagement with authorities or government agencies at other stages of the LEP making process.”
“Where a planning proposal applies to land that is within the coastal zone, comprising the coastal wetlands and littoral rainforests area, coastal vulnerability area, coastal environment area and coastal use area.”
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
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.