NSW Department of Planning
Home» Planning System» Local Plan Making» Legislation and Planning Instruments

Legislation and planning instruments

The New South Wales planning and development assessment system is the means by which we manage our environment and use of resources.

The legislation

Planning and development is carried out under the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. The full text of legislation is available from the NSW legislation website.

Environmental planning instruments

Environmental planning instruments (State environmental planning policies, regional environmental plans and local environmental plans) are legal documents that regulate land use and development.

The plan-making system in NSW is set out in Part 3 of the Environmental Planning and Assessment Act 1979. The Act provides for members of the public to participate in planning decisions that will shape their community's future.

State environmental planning policies

How is a state environmental planning policy prepared?

  1. The idea for a State environmental planning policy is proposed.
  2. The Department prepares a draft for the Minister for Planning's consideration. We may then invite the public to comment on the draft.
  3. We consider any feedback from members of the public, which may be incorporated into the draft planning policy.
  4. With the Minister's and the State Government's approval, the planning policy becomes law and is published in the Government Gazette.

View list of State environmental planning policies

Regional environmental plans

How is a regional environmental plan prepared?

  1. A regional environmental plan is proposed, either by the Minister for Planning or the Director-General of the Department.
  2. The Department carries out a regional environmental study of the area. This deals with topics like environmental conservation, housing and settlement, and infrastructure development. It allows us to identify and focus on important issues that must be considered in the draft plan
  3. The Department prepares a draft plan and invites community members to comment on it, along with the regional environmental study.
  4. We consider the comments made by members of the public, and may incorporate them into the draft plan.
  5. With the Minister's approval, the plan becomes law and is published in the Government Gazette.

View list of regional environmental plans

Local environmental plans

Local environmental plans prepared by councils guide planning decisions for local government areas. Through zoning and development controls, they allow councils to supervise the ways in which land is used. Development control plans, prepared in accordance with the Environmental Planning and Assessment Act, are also used to help achieve the objectives of the local plan by providing specific, comprehensive requirements for certain types of development or locations eg for urban design, and heritage precincts and properties.

How is a local environmental plan prepared?

  1. The local environmental plan is proposed, by a local council or by the Minister for Planning.
  2. The council may carry out a local environmental study. This deals with topics like environmental conservation, housing and settlement, and suitable infrastructure development for industry. It allows the council to identify and focus on important issues.
  3. The council prepares a draft plan, assisted by general directives from the Minister for Planning. The council then invites the community to comment on the plan, along with the local environmental study (if prepared).
  4. The council considers the comments made by members of the public, and may incorporate them into the draft plan.
  5. With the Minister's approval, the plan becomes law and is published in the Government Gazette.

More information

The text of NSW planning legislation, including State, regional and local environmental planning instruments are available on the NSW legislation website at: www.legislation.nsw.gov.au.

For maps relating to the various environmental planning instruments, or further information, contact:

Information Centre
Department of Planning
23-33 Bridge Street
Sydney NSW 2000
Tel: 1300 305 695
Email: information@planning.nsw.gov.au



[top]