Review of the Environmental Planning and Assessment Regulation 2000
The Department has recently commenced a review of the Environmental Planning and Assessment Regulation 2000 (the Regulation).
This review follows proposed changes to the Regulation’s parent Act, the Environmental Planning and Assessment Act 1979 (EP&A Act). While the EP&A Act provides the overarching framework for the planning system in NSW, the Regulation supports the day-to-day requirements of this system.
This review affords an opportunity to undertake a comprehensive look at the Regulation and remove any unnecessary complexities or outdated rules which make the system hard to use.
As a first step, the Department is seeking feedback from stakeholders on the current Regulation.
The Department has prepared an issues paper that outlines the key operational provisions of the Regulation and seeks:
- Stakeholder views on known issues with the current Regulation
- Stakeholder feedback to help identify other issues, including suggestions for updating and improving the function of key operational provisions and reducing unnecessary regulatory and administrative burdens.
View the issues paper
What does the Regulation address?
The Regulation contains key operational provisions for the NSW planning system, including those relating to:
- Planning instruments, including requirements and procedures for planning proposals and procedures for making and amending development control plans
- Procedures relating to development applications and complying development certificates
- Existing uses and designated development
- Requirements for environmental assessment under Part 5 of the EP&A Act and applications for State significant infrastructure
- Environmental impact statements
- Building regulation and subdivision certification
- Note: the review of the Regulation will not examine these building and certification provisions, as broader building regulation reforms are being fast tracked through a separate process.
- Fees and charges, including fees for development applications, building certificates and other planning services
- Development contributions, including the preparation of contributions plans
- Planning certificates, which provide information about land
- Other miscellaneous matters, including amounts for penalty notices (or fines) that may be issued for breaches of the EP&A Act and the Regulation, provisions for planning bodies (the Planning Assessment Commission and Independent Hearing and Assessment Panels), development by the Crown, and record keeping requirements for councils.
What are the objectives of the review?
The review of the Regulation presents an opportunity to build on the proposed changes to the EP&A Act and further improve the architecture of the planning system.
The objectives are to undertake a comprehensive review of the Regulation in order to:
- reduce administrative burden and increase procedural efficiency (e.g. by removing any outdated rules which make the system hard to use)
- reduce complexity
- establish a simpler, more modern and transparent planning system.
Have your say until 24 November 2017
The NSW Government welcomes your feedback on the EP&A Regulation Review issues paper. Feedback received in response to this issues paper will be used to inform the preparation of a draft regulation, which will be released for consultation in 2018.
You can provide your feedback by:
Director, Legislative Updates
Department of Planning and Environment
GPO Box 39 Sydney NSW 2001
Your feedback can play a vital role in the review of the Regulation.
Where can I find out more?
- Call us on 1300 305 695
- Email: Regulation.Review@planning.nsw.gov.au
- If English isn’t your first language, please call 131 450. Ask for an interpreter in your language and then request to be connected to us on 1300 305 695.
Page last updated: 29/09/2017