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EDO fact sheets
These Fact Sheets are a guide only and are no substitute for legal advice relating to your particular issue. If you need legal advice about your particular issue, please call our FREE Environmental Law Advice Line

The information in this fact sheet is up-to-date as of January 2011.

2.1 LEPs and SEPPs

2.1.1
Overview
2.1.2 Environmental Planning Instruments (EPIs)
2.1.3
2.1.3a
2.1.3b The Standard Instrument
2.1.4 State Environmental Planning Policies (SEPPs)
2.1.5 Other planning documents
Key to terms used in this Fact Sheet

Act means the Environmental Planning and Assessment Act 1979

DCP means a development control plan

DECCW means the NSW Department of Environment, Climate Change and Water

Director-General means the Director-General of DECCW

Environment Minister means the NSW Minister for the Environment, Climate Change and Water

EIS means an Environmental Impact Statement

EPA Act means the Environmental Planning and Assessment Act 1979

2008 Amendments means the amendments made to the EPA Act under the Environmental Planning and Assessment Amendment Act 2008 No 36, which came into force on 23 July 2008

EPI means an environmental planning instrument, which includes LEPs and SEPPs

LEC Act means the Land and Environment Court Act 1979

LEP means a local environmental plan

Planning Minister means the NSW Minister for Planning

SEPP means a State Environmental Planning Policy

TPO means a tree preservation order

TSC Act means the Threatened Species Conservation Act 1995

2.1.1  Overview

The main law regulating land use in NSW is the Environmental Planning and Assessment Act 1979 ( EPA Act ). The Act is administered by the NSW Department of Planning. The Minister responsible for the Act is the Minister for Planning (Planning Minister).

The EPA Act allows plans to be made (environmental planning) to guide the process of development and to regulate competing land uses.1

The EPA Act allows two types of environmental plans to be made:

  • Local environmental plans (LEPs); and
  • State environment planning policies (SEPPs).

Collectively, these plans are called Environmental Planning Instruments (EPIs). Regional environmental were abolished in 2008.

This Fact Sheet deals with how EPIs are made and how they regulate planning in NSW. The EPA Act sets out how local environment plans and State environmental planning policies are made.

2.1.1.1 Useful web links

The Environmental Planning and Assessment Act 1979 is administered by the NSW Department of Planning.

Click here to go to the NSW Department of Planning's website.

The text of all EPIs (LEPs and SEPPs) is on the NSW Government legislation website.

Click here to go to the NSW Government website and browse EPIs.

2.1.1.2 Useful legal texts

  • Environmental and Planning Law in NSW, Lyster et al (2007), Chapters 2-4.
  • Pikes Lawyers Legal Updates April 2008 and July 2008 (planning reforms)
  • The Environmental Law Handbook, Farrier and Stein, eds, 4 th ed, Chapter 11 (Biodiversity Conservation), pp 412 - 419.
  • EDO Rural Landholder's Guide to Environment Law in NSW

 

  1. EPA Act, Part 3 (Environmental planning instruments), s 24 - 36.

 

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