EDO Fact Sheet 2.1 LEPs and SEPPs

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The information in this fact sheet is up-to-date as of April 2012.

2.1 LEPS and SEPPS

2.1.1 Overview

Key to terms used in this Fact Sheet

Act means the Environmental Planning and Assessment Act 1979

DCP means a development control plan

Director-General means the Director-General of OEH

Environment Minister means the NSW Minister for the Environment and Heritage

EIS means an Environmental Impact Statement

EPA Act means the Environmental Planning and Assessment Act 1979

EPA Regulation means the Environmental Planning and Assessment Regulation 2000

EPBC Act means Environment Protection and Biodiversity Conservation Act 1999 (Cth)

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

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

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

OEH means the NSW Office of Environment and Heritage

Planning Minister means the NSW Minister for Planning and Infrastructure

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.

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

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

The text of all EPIs (LEPs and SEPPs) is on the NSW 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 NSW Rural 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.

This site was last updated Thursday 17 May, 2012
EDO NSW
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