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Environmental Planning and Assessment Regulation 2021

The department has listened to feedback to create a simpler, better and more transparent environmental planning and assessment system.

The Environmental Planning and Assessment Regulation 2021 (2021 EP&A Regulation) replaced the Environmental Planning and Assessment Regulation 2000 on 1 March 2022.

We worked closely with stakeholders and reviewed the 2000 Regulation to update and simplify its provisions (legal conditions).

Benefits of the changes

The 2021 EP&A Regulation:

  • simplifies processes for development assessment and makes them easier to administer by updating application requirements and refining notification requirements
  • makes procedures more efficient by simplifying stop-the-clock provisions, concurrence (agreement) and referral procedures, and how we calculate assessment and deemed refusal periods
  • modernises designated development to help protect green space and support economic activity by updating this assessment system in response to new technologies and industry practice
  • makes Part 5 of the assessment system clearer and more effective by introducing criteria-based publication of environmental assessments (REFs) for certain infrastructure proposals. Changes also support efficient assessment of impacts and alignment with strategic plans
  • simplifies planning certificates and makes them easier to administer by refining and reordering the matters to focus on land use and development controls essential to conveyancing. For more information on planning certificates, visit the NSW Planning Portal, the frequently asked questions and the Guide to the 2021 EP&A Regulation
  • gives consent authorities more ability to recover costs for planning services by:
    • updating fixed fees to reflect movements in the consumer price index (CPI) that have happened since the last CPI-related increase to fees in the Regulation in 2011
    • allowing for ongoing minor adjustments in these fees either annually or biannually to reflect changes in CPI.
  • makes the planning system even more efficient and accessible through a range of other improvements that change, remove, or insert new regulatory provisions.

For a list of the EP&A Regulation exhibition documents and fact sheets, go to the NSW Planning Portal.

For more information, email [email protected] or phone 1300 305 695.

If you would like to speak with us in a language other than English, phone 13 14 50. Ask for an interpreter in your language and then request to be connected to our Information Centre on 1300 305 695.