Environmental Planning and Assessment Act 1979.

This Act, consisting of 159 sections divided into eight Parts and completed by seven Schedules, proposes to establish a system of environmental planning and assessment for the State of New South Wales. The Act states (Part 2) the responsibilities and duties of public authorities involved in environmental planning and assessment, namely, the Minister, the corporation, the Director of Planning, the Commissioners of Inquiries, the Local Government Liaison Committees and the officers, employees and servants to whom said authorities may delegate their functions. Part 3 is devoted to the environmental planning instruments. According to section 26, an environmental planning instrument may make provision for or with respect to any of the following: (a) protecting, improving or utilising, to the best advantage, the environment; (b) reserving land for public purposes; (c) protecting or preserving trees or vegetation; (d) protecting and conserving native animals and plants, including threatened species, populations and ecological communities, and their habitats (e) controlling development. Further provisions concern environmental planning making, operation and inspection. In particular, sections 34-36 establish the steps to be taken by the competent authorities for the preparation, publication, alteration or repeal of the instrument. Consultation shall be had with the Director-General of National Parks and Wildlife about preparation of studies or instruments. The environmental planning policy is considered at the State, regional and local level, according to the criteria and procedures set out in Divisions 2-4B. Where an environmental planning instrument provides that development specified therein may be carried out without the consent of the appropriate authority, a person shall not carry out that development on land except in accordance with the provisions of that instrument. Where an environmental planning instrument requires the consent of the authority, the owner of the land or the person concerned shall make a development application in compliance with the provisions of article 77.
The Act establishes the matters that the consent authority shall take into consideration in determining the development application, after an inquiry has been carried out by the Commission of Inquiry. Further provisions concern the granting of the consent, the conditions that may be imposed by the Minister or the Director, etc. Part 5 establishes the procedure for the environmental impact assessment of the following activities: (a) erection of a building; (b) works in, on, over or under land; (c) use of land or of a building or work; and (d) subdivision of land. For the purpose of attaining the objects of this Act relating to the protection and enhancement of the environment, a determining authority shall examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity. Further provisions concern the approval of the activity by the Minister, the implementation and enforcement of the environmental planning instrument, public inquiries and settlement of disputes, proceedings before the court, offences and penalties. Parts 7 and 8 contain financial and miscellaneous provisions, respectively. Section 10.17 empowers the Minister to, by order published in the Gazette, authorise development to be carried out on land without the need for any approval under the Act or consent from any person for COVID-19 emergency reasons and section 10.18 establishes procedures for public inspection of documents during the pandemic.