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Monitoring and enforcement

The Department of Planning and Environment’s compliance team monitors and enforces the conditions of projects granted by the Minister for Planning or their delegate.

 

View our Compliance policy and guidelines and Compliance audits, and download the Compliance and enforcement fact sheet.

Protecting the environment

The Department helps to protect the environment by monitoring and enforcing compliance with environmental planning and assessment legislation.

 

This includes:

  • the Environmental Planning and Assessment Act 1979 (‘the Act’);
  • the Environmental Planning and Assessment Regulation 2000;
  • major project approvals granted by the Minister for Planning under Part 3A of the Act;
  • development consents granted by the Minister under Part 4 of the Act;
  • State Environmental Planning Policies made under Part 3 of the Act; and
  • Part 4A of the Act relating to certification of development on land identified by the State Environmental Planning Policy (Kosciuszko National Park – Alpine Resorts) 2007.

Engaging with industry

The Department actively seeks to engage with industry and other stakeholders to:

  • promote education, understanding and consideration of emerging industry trends 
  • support improved planning and development outcomes for the people of NSW.

Partnering across government

In identifying matters for consideration and potential action, the Department of Planning and Environment’s compliance teams works closely with its regulatory partners.  In particular this includes other NSW State Agencies administering environmental protection legislation  and local councils to ensure information about non-compliance is shared and investigations are strategic and integrated where possible.

Getting results

Matters - where the Department would consider investigation include:

  • the Department’s regular inspection and audit program
  • monitoring reports, incident reports and independent audits required to be submitted by proponents of projects
  • information on potential breaches from other State Government agencies, local councils and private certifiers
  • complaints made by members of the public.

Where a potential breach is identified, the Department analyses and investigates the matter. If a breach is confirmed, the Department takes appropriate enforcement action in line with the significance of the breach.

 

This can range from negotiating new outcomes and warning letters for minor matters, through to Orders, penalty notices and ultimately, criminal prosecutions for the most significant offences.

 

Investigation of potential breaches and any resulting enforcement action is conducted in consultation with other relevant authorities, including local councils, to facilitate a coordinated and constructive compliance approach.

 

Below is a summary of the Department’s compliance activities in relation to breaches:

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Page last updated: 02/06/2017