Review of the Environmental Planning and Assessment Regulation 2000
The Department is reviewing the Environmental Planning and Assessment Regulation 2000 (the Regulation).
This review follows the 2018 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affords an opportunity to undertake a comprehensive look at the Regulation and remove any unnecessary complexities or outdated rules which make the system hard to use.
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 is now being considered and will inform the preparation of a draft Regulation.
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
- 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.
Page last updated: 23/07/2021