NSW development consent (Environmental Planning and Assessment Act 1979)
Most development in NSW requires consent under EP&A Act + local LEP / SEPP.
Who must comply
Landowners, developers, builders and businesses proposing or carrying out development in NSW, from home renovations to State significant development and infrastructure. The proponent or the person carrying out the work is responsible for meeting the conditions of an approval.
What triggers it
Carrying out development that is not exempt development under the LEP or the Exempt and Complying Development Codes SEPP, or using land for a purpose that requires consent. Designated development listed in Schedule 3 of the EP&A Regulation also needs an environmental impact statement.
When due
Before development starts: obtain the development consent or complying development certificate for the correct pathway. After approval, comply with consent conditions throughout the work and operation, including any compliance reports or independent audits the consent requires.
Evidence required
Development consent or complying development certificate and its conditions; characterisation of the development against the LEP land-use terms; environmental impact statement where the development is designated; compliance reports and independent audit reports required by the consent; records answering inspections by the council or the Department.
Max penalty
Prosecution for the most serious offences can attract fines of up to $5 million and a criminal conviction; penalty notices of up to $15,000 can also be issued, alongside official cautions, development control orders and enforceable undertakings under s 9.5 of the EP&A Act (NSW Department of Planning)
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Environmental Planning and Assessment Act 1979 (NSW) sets the laws for urban and regional planning in New South Wales and how development is assessed. Part 4 deals with development assessment and Part 5 with environmental assessment, supported by the Environmental Planning and Assessment Regulation 2021, State environmental planning policies (SEPPs) and local environmental plans (LEPs). There are nine approval pathways, scaled to the size and impact of the project: exempt development needs no approval; complying development can be approved by a complying development certificate from a council or accredited certifier; most other development needs a development application to a consent authority, with regionally and State significant development assessed at higher levels. Once consent is granted, the proponent or person carrying out the work is responsible for meeting every condition.
Topics
Related
- VICVIC planning permits (Planning and Environment Act 1987)Vic planning permits required for most development under Planning Schemes.
- NSWPCBU primary duty of care (NSW WHS Act s 19)NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- NSWNSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
- NSWNotify SafeWork NSW of notifiable WHS incidentsDeath, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
- NSWPay long service leave under the LSL Act 1955 (NSW)NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
Reading
- Writing a data breach response plan: roles, the assessment clock and the notification decision
- ISO 14001 environmental management systems for Australian operations (and the 2026 edition)
- The marketing consent stack: how the Spam Act, the Australian Privacy Principles and the Do Not Call Register interact
Frequently asked questions
- Who must comply with NSW development consent (Environmental Planning and Assessment Act 1979)?
- Landowners, developers, builders and businesses proposing or carrying out development in NSW, from home renovations to State significant development and infrastructure. The proponent or the person carrying out the work is responsible for meeting the conditions of an approval.
- What triggers NSW development consent (Environmental Planning and Assessment Act 1979)?
- Carrying out development that is not exempt development under the LEP or the Exempt and Complying Development Codes SEPP, or using land for a purpose that requires consent. Designated development listed in Schedule 3 of the EP&A Regulation also needs an environmental impact statement.
- When is NSW development consent (Environmental Planning and Assessment Act 1979) due?
- Before development starts: obtain the development consent or complying development certificate for the correct pathway. After approval, comply with consent conditions throughout the work and operation, including any compliance reports or independent audits the consent requires.
- What is the maximum penalty for NSW development consent (Environmental Planning and Assessment Act 1979)?
- Prosecution for the most serious offences can attract fines of up to $5 million and a criminal conviction; penalty notices of up to $15,000 can also be issued, alongside official cautions, development control orders and enforceable undertakings under s 9.5 of the EP&A Act (NSW Department of Planning)
- What evidence is required for NSW development consent (Environmental Planning and Assessment Act 1979)?
- Development consent or complying development certificate and its conditions; characterisation of the development against the LEP land-use terms; environmental impact statement where the development is designated; compliance reports and independent audit reports required by the consent; records answering inspections by the council or the Department.
Source: https://www.planning.nsw.gov.au/the-planning-system/development-assessment/planning-approval-pathways. Rules Mate is not a law firm. Always verify against the live regulator source before acting.