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Print friendly versionLast updated: 10 December 2008

2.1 LEPs and SEPPs

1 Overview
2 Environmental Planning Instruments (EPIs)
3 Local Environment Plans (LEPs)
  a The New LEP Making Process (The 'Gateway' Process)
  b The Standard Instrument
4 Regional Environmental Plans (REPs
5 State Environmental Planning Polcies (SEPPs)
6 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 Climate Change and the Environment

EIS means and 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, REPs 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

REP means a regional environmental plan

SEPP means a State Environmental Planning Policy

TPO means a tree preservation order

TSC Act means the Threatened Species Conservation Act 1995.

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 three different types of environmental plans to be made:

  • Local environmental plans (LEPs)
  • Regional environmental plans (REPs)(soon to be abolished: see below), and
  • State Environment Planning Policies (SEPPs).

Collectively, these plans are called Environmental Planning Instruments (EPIs).

This Fact Sheet deals with how EPIs are made and what the effect of them is. The Act sets out how local environment plans and State Environmental Planning Policies are made.

1.1 Summary of 2008 EPA Act Amendments

The EPA Act was significantly amended in 2008 by the Environmental Planning and Assessment Amendment Act 2008 No 36 (“2008 Amendments”).

Two of the effects of the 2008 Amendments were to:

1.2 Useful web links

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

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

1.3 Useful legal texts

  • Environmental and Planning Law in NSW, Lyster, et al (2007), Chapters 2-4.
  • Pikes Lawyers Legal Update April 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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