Environmental Planning and Assessment Regulation 2021 (2021-759) (NSW)

Environmental Planning and Assessment Regulation 2021

Part 1 Preliminary

1 Name of Regulation This Regulation is the Environmental Planning and Assessment Regulation 2021.

2 Commencement (1) This Regulation commences on 1 March 2022, except as provided by subsections (2) and (3), and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Environmental Planning and Assessment Regulation 2000, which is repealed on 1 March 2022 by the Subordinate Legislation Act 1989. (2) Schedule 8 commences on 1 July 2022. (3) Schedule 9 commences on 1 January 2022, immediately before the commencement of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

3 Definitions (1) The Dictionary in Schedule 7 defines words used in this Regulation.

Note— The Environmental Planning and Assessment Act 1979 and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Words used in this Regulation have the same meaning as in the Standard Instrument, unless otherwise defined in this Regulation. (3) For the purposes of the Act, section 1.4(1), definition of public authority, paragraph (g), the persons specified in Schedule 1 of this Regulation are prescribed. (4) For the purposes of the Act, section 1.4(1), definition of work, the deposit of material on a beach or land in a beach fluctuation zone, within the meaning of the Coastal Management Act 2016, is specified to be a work. (5) For the purposes of the Act, section 1.5, definition of development, the demolition of a temporary structure is not development. (6) In this Regulation, a reference to the consent authority's website means— (a) if the consent authority is a council, a local planning panel or a Sydney district or regional planning panel—the website of the council or councils of the area in which the development will be carried out, or (b) if the consent authority is the Minister, the Independent Planning Commission or a public authority—the NSW planning portal. (7) In this Regulation, a reference to the use of on-site fossil fuels does not include a reference to the use of back-up electricity generators.