Who must comply with NSW development consent (Environmental Planning and Assessment Act 1979)?
The applicability test for NSW development consent (Environmental Planning and Assessment Act 1979), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
Applies only if you propose development requiring consent or a permit. Whether it applies turns on a fact that no industry, structure or size settles on its own.
What the obligation is
Most development in NSW requires consent under EP&A Act + local LEP / SEPP.
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.
The applicability test
Applies only if you propose development requiring consent or a permit. Whether it applies turns on a fact that no industry, structure or size settles on its own.
How the regulator frames it: 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.
Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Only if a further fact applies |
| No | 34 other industries |
Business structure and size
Structure does not change the answer in construction (residential & commercial): for every structure the answer is "only if a further fact applies".
Size does not change the answer in construction (residential & commercial): at every size band the answer is "only if a further fact applies".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
- Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you propose development requiring consent or a permit.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then applies only if you propose development requiring consent or a permit. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- 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.
- Frequency
- When a triggering event occurs
- Evidence to keep
- 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.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum 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)
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Obligations with the same applicability test
If this obligation applies to you, so do these 2: the engine uses the same rule for each.
Where it sits in the corpus
Rules Mate tracks 3 published obligations tagged "planning", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is triggered by events.
Regulator, legislation and tools
Free tools that help with this obligation:
Questions
- Who must comply with NSW development consent (Environmental Planning and Assessment Act 1979)?
- Applies only if you propose development requiring consent or a permit. Whether it applies turns on a fact that no industry, structure or size settles on its own.
- Does NSW development consent (Environmental Planning and Assessment Act 1979) apply to sole traders?
- Only if a further fact applies. Looking in construction (residential & commercial) and every size band, the engine's answer for a sole trader is: only if a further fact applies.
- Does NSW development consent (Environmental Planning and Assessment Act 1979) apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- 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.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.