EDO NSW Fact Sheet 2.1.1 - LEPs and SEPPs: Overview

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The information in this fact sheet was last updated in April 2012.

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2.1 LEPs and SEPPs

2.1.1

Overview

2.1.2 Environmental Planning Instruments (EPIs)

2.1.3

Local Environmental Plans (LEPs)

2.1.3a

The New LEP Making Process (The 'Gateway' Process)

2.1.3b The Standard LEP

2.1.4 State Environmental Planning Policies (SEPPs)

2.1.5 Other planning documents

Key to terms used in this Fact Sheet

Actmeans theEnvironmental Planning and Assessment Act 1979

DCPmeans a development control plan

Director-Generalmeans the Director-General ofOEH

Environment Ministermeans the NSW Minister for the Environment and Heritage

EISmeans an Environmental Impact Statement

EPA Actmeans theEnvironmental Planning and Assessment Act 1979

EPA Regulationmeans theEnvironmental Planning and Assessment Regulation 2000

EPBC ActmeansEnvironment Protection and Biodiversity Conservation Act 1999 (Cth)

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

2011 Amendmentsmeans the amendments made to the EPA Act under theEnvironmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011No 22, which came into force in October 2011

EPImeans an environmental planning instrument, which includes LEPs and SEPPs

LEC Actmeans theLand and Environment Court Act 1979

LEPmeans a local environmental plan

OEHmeans the NSW Office of Environment and Heritage

Planning Ministermeans the NSW Minister for Planning and Infrastructure

SEPPmeans a State Environmental Planning Policy

TPOmeans a tree preservation order

TSC Actmeans theThreatened Species Conservation Act 1995

2.1.1 Overview

The main law regulating land use in NSW is theEnvironmental 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.

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 plans (REPs) 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 environmental plans and State environmental planning policies are made.

Useful web links

TheEnvironmental Planning and Assessment Act 1979is administered by theNSW Department of Planning.

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

Useful legal texts

Lyster et al,Environmental and Planning Law in NSW, (3rd ed, 2012).
Farrier and Stein, eds,The Environmental Law Handbook, (5th ed, 2011).
EDO NSWRural Landholder's Guide to Environment Law in NSW(3rd ed, 2011).
EDO NSW,Caring for the Coast: A Guide to Environmental Law for Coastal Communities in NSW(2010).

Environmental Planning and Assessment Act, Part 3 (Environmental planning instruments), ss 24-36.

EDO NSW

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