The NSW Parliament has passed major changes to the state’s planning system, with significant amendments to the Environment Planning and Assessment Act 1979 (EP&A Act) and other legislation to take effect once commencement dates for the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 (Amendment Act) are proclaimed.  

EDO is concerned the Amendment Act significantly changes the EP&A Act in ways that affect how the environment and communities are considered in planning decisions.  

The Amendment Act creates a new streamlined pathway for development, changes the way environmental impacts are considered in decision making, and enables an accelerated rezoning process. 

Key changes made by the Amendment Act 

  • Creating a new fast-tracked assessment pathway for “targeted assessment development” (TAD). 
  • Amending “matters of consideration” under sections 4.15 and 5.5 of the EP&A Act, and allowing regulations to declare matters that are “irrelevant considerations”. 
  • Allowing expedited amendment of environmental planning instruments that the Housing Delivery Authority considers reasonably necessary.  
  • Allowing “minor variations” to complying development. 
  • Establishing the Housing Delivery Authority (HDA) as a statutory entity (formalising the role of the previously established body in law). 
  • Establishing the Development Coordination Authority (DCA) to play a centralised role in issuing general terms of approval for integrated development. 
  • Adding a new object of the EP&A Act to promote climate change resilience. 
  • Replacing council-specific community consultation plans with a single, state-wide Community Participation Plan. 
  • Removing regional planning panels from the planning framework. 

Summary of the Bill’s passage through parliament 

Bills introduced in September 2025, with no prior consultation 

On 17 September 2025, the NSW Government introduced the Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 into the NSW Parliament, with no prior community consultation. 

EDO raised significant concerns about the Bill, including that it: 

  • Purported to relate to housing but would affect ALL types of development. 
  • Reoriented the planning system to simply promoting development, shifting focus away from the wellbeing of the community and the environment in decision making.  
  • Diminished environmental and bushfire risk considerations in decision making under the EP&A Act.  
  • Introduced a new streamlined assessment pathway (“targeted development assessment”) 
  • Undermined anti-corruption safeguards recommended by the Independent Commission Against Corruption. 

EDO’s concerns were set out in our Briefing Note dated September 2025 – see here. 

  • In October 2025, the Bill passed the NSW Legislative Assembly with amendments. Key amendments included: 
  • Restrictions on targeted assessment development to exclude fossil fuel and other projects from fast-tracking. 
  • A specified minimum, 28-day public consultation for targeted assessment development. 
  • Amendments to maintain environment protection and human health as objects of the Act. 
  • Tightened wording for the expedited amendment of Environmental Planning Instruments. 
  • Reinserting protections for bush fire prone land.  
  • Clarifying provisions relating to ‘zombie’ development applications. 
  • Provisions to improve transparency and accountability. 

These changes made key improvements to the Bill, including limiting the scope of the new streamlined targeted assessment pathway, and improving transparency and accountability. 

However, significant concerns remained, including that: 

  • Environmental considerations will still be weakened.  
  • Corruption risks remain in relation to expedited amendment of Environmental Planning Instruments.  
  • The role of specialised agencies and ministers has been removed and centralised in the Planning Minister and Planning Secretary (Development Coordination Authority).  
  • Special consultation procedures for making environmental planning instruments affecting threatened species have been removed. 

More detail is set out in our October 2025 update on NSW Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 – see here. 

  • Members of the Legislative Assembly sought further amendments, including in relation to: 
  • Restricting targeted assessment development to residential development only. 
  • Restricting the regulation-making powers in the Bill to say that greenhouse gas emissions and climate change impacts cannot be declared irrelevant considerations, and allowing regulations to prescribe matters that are of relevance. 
  • Retaining key powers held by the Environment Minister and Environment Department under the Biodiversity Conservation Act 2016, and Dams Safety NSW under the Dams Safety Act 2015. 
  • Strengthening bushfire protections. 
  • Expanding the definition of development standards to include measures for the protection of development from the impacts of natural hazards and climate change. 
  • Establishing statutory publication and consultation requirements for the Development Coordination Authority.  

However, none of these amendments were agreed, and the Bill passed with no further amendments. 

Next steps 

The Bill received assent (i.e., the NSW Governor signed the Bill and it became an Act) on 24 November 2025. However, the Act has not yet commenced. The minister will make a proclamation in the NSW Government Gazette to announce the dates on which provisions of the Amendment Act will commence. The minister may declare different commencement dates for different provisions of the Amendment Act.  

Detailed savings and transitional provisions are included in the Amendment Act that specify how the changes would apply to applications already on foot. The application of those transitional provisions would need to be considered on a case-by-case basis to determine how the changes to the EP&A Act apply to specific projects, but in general: 

  • If an application has been lodged, but not finally determined, before the commencement of the Amendment Act, the application must be determined as if changes to the matters for consideration under section 4.15 of the EP&A Act (and any irrelevant considerations prescribed under the regulation) have not commenced, for the first 12 months following commencement of the Amendment Act (after which time the changes to section 4.15 will apply). This is also this case with respect to changes to the imposition of conditions under section 4.17. 
  • If an application has been lodged, but not finally determined, before the commencement of the Amendment Act, the application must be determined as if changes to the objects of the Act have not commenced. 
  • The Amendment Act deals with how development applications for regionally significant development will continue under the amended EP&A Act. 

Detailed savings and transitional provisions are included in the Amendment Act that specify how the changes would apply to applications already on foot.

The application of those transitional provisions would need to be considered on a case-by-case basis to determine how the changes to the EP&A Act apply to specific projects, but in general EDO will continue to engage on the implementation of the planning system reforms, including the development of any regulations that underpin the new provisions and by supporting communities to understand the changes and how planning decisions made under the amendments laws will affect their communities.

We understand the government is working towards all key elements of the Amendment Act being implemented by mid-2026.