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NSW Department of Planning, Industry and Environment
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Updated Environmental Planning and Assessment Act

NSW has an updated, modern planning system that is simpler, faster and designed to ensure high quality decision and planning outcomes for the people of NSW.

The Environmental Planning and Assessment Act 1979 has been updated and is the culmination of the biggest overhaul of the Act since the legislation’s inception almost 40 years ago.

The new Act follows the passing of the Environmental Planning and Assessment Amendment Act 2017 in the NSW Parliament in November 2017. It will commence on 1 March 2018 with most of the changes coming into effect from this date. Others will take longer to come into effect as they require further guidance and consultation.

 

For further information, please call our Information Centre on 1300 305 695 or contact us.

Staged implementation

The Government is taking a staged approach to the commencement of the new Act to ensure a smooth transition to the new measures.

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Part 1 – New objects of the Act

The Act includes new objects that reflect the Government’s commitment to thriving, safe and well–designed communities with local character and heritage.

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Part 2 – Community Participation Plans

New community participation plans will need to be prepared by all planning authorities.
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Part 2 – Independent Planning Commission

Part 2 – Independent Planning Commission

The Planning Assessment Commission will be known as the Independent Planning Commission, recognizing its independence and decision–making role.

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Part 2 – Local Planning Panels

The Act recognises the importance of accountability and probity in the determination of Development Applications.
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Part 3 – Strategic planning

The Act recognises the critical role of councils in strategic planning for their local area.
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Part 4 – Development controls and approvals

Part 4 – Development controls and approvals

Development controls in a council’s Local Environmental Plan (LEP) and Development Control Plan (DCP) need to be kept up–to–date and as simple as possible.

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Part 4 – Complying development

The Act recognises the importance of Complying development adhering to the development standards, such as height limits and floor space ratios.
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Part 4 – State Significant Development and ending Part 3A

The Act simplifies and clarifies the process for State Significant Development and closes transitional arrangements for Part 3A projects.
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Part 5 – Infrastructure delivery

Part 5 – Infrastructure delivery
There is a requirement for notification of proposed activities to ensure future plans for an infrastructure corridor will not be affected.
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Part 6 – Building and subdivision

The new Act strengthens building regulation and certification procedures to ensure quality and safety.
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Part 7 – Infrastructure contributions

The infrastructure contributions system has been improved to promote the efficient sharing of costs and benefits in infrastructure development.
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Part 8 – Reviews and appeals

The new Act allows applicants to request an internal review from council of a decision about integrated development.
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Part 9 – Enforcement measures

The Department and local councils will have the ability to enter into enforceable undertakings with people acting on a development consent, to allow for greater flexibility.
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New Act Sections Guide

New Act Sections Guide
The new Act is easier to navigate, understand and it has 10 principal parts, with all provisions decimal numbered.

Document / archive library

The Government began its review of the planning system in May 2016 when it announced it was updating the EP&A Act with the goal of building community confidence in the planning system.
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