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NSW development consent (Environmental Planning and Assessment Act 1979)

Most development in NSW requires consent under EP&A Act + local LEP / SEPP.

highcurrentevent drivenCriminal liability

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

planningenvironmentnsw

Related

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.