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Last updated: 10 December 2008
2.1.1 Overview
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 Environment, Climate Change and Water
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.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:
- Abolish REPs, and allow the Planning Minister to transfer their provisions to other LEPs and SEPPs: see below.
- Set out a new process for making LEPs, which is now controlled by the Planning Minister, rather than a local council: see below.
- Click here for more information on the 2008 Amendments to the EPA Act:
- Department of Planning: Planning Reforms [http://www.planning.nsw.gov.au/planning_reforms/index.asp]
- EDO planning amendment policy submissions [http://www.edo.org.au/edonsw/site/policy.php#4]
- Pikes Lawyers Legal Update April 2008 (planning reforms) [http://www.pikepikefenwick.com.au/web/publications.asp]
1.2 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: [http://www.planning.nsw.gov.au/index.asp]
The text of all EPIs (LEPs, REPs and SEPPs) is on the NSW Government legislation website.
- Click here to go to the NSW Government website: http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0
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) [http://www.pikepikefenwick.com.au/web/publications.asp]
- 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
- EPA Act, Part 3 (Environmental planning instruments), s 24 – 36.
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This site was last updated
Friday 12 March, 2010
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