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NSW Department of Planning, Industry and Environment
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Review of the Environmental Planning and Assessment Regulation 2000

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The NSW Government is committed to the ongoing improvement of the NSW planning system, to ensure it is easy to use and understand and promotes strategic planning and integrity.

 

As part of this commitment, the Department of Planning, Industry and Environment is reviewing the Environmental Planning and Assessment Regulation 2000 (the 2000 Regulation).

 

This review follows the 2018 changes to the 2000 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 2000 Regulation supports the day–to–day requirements of this system.

 

This review gives us an opportunity to take a close look at the 2000 Regulation and remove any rules that are outdated or overly complex and make the system hard to use.

 

The Department exhibited an issues paper Review of the Environmental Planning and Assessment Regulation 2000 (PDF, 542 KB) in 2017 which outlined the key operational provisions of the Regulation and sought:

  • 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.

 

Feedback received on the issues paper was considered and taken into account during the preparation of the draft Regulation.

 

 

View the issues paper

 

Feedback received on the issues paper was considered and taken into account during the preparation of a new draft Regulation. The proposed EP&A Regulation 2021 is now on exhibition.

 

What does the Regulation address?

The 2000 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 
  • 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
  • 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 2000 Regulation, provisions for planning bodies (the Planning Assessment Commission and planning panels), development by the Crown, and record-keeping requirements for councils.

 

What are the objectives of the review?

The review of the 2000 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 2000 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.

 

Where can I find out more?

For more information, email the project team

 

Sign up for updates on the review of the EP&A Regulation 2000

Page last updated: 05/08/2021