What is the Environmental Planning and Assessment Act 1979? Definition, Purpose and Goals
The Environmental Planning and Assessment Act 1979 (EP&A Act) is the main piece of legislation regulating land use planning and development assessment in New South Wales, Australia. It provides the legal framework for the management, development and conservation of natural and built environments.
Definition of Environmental Planning and Assessment Act 1979
The EP&A Act is an Act of the New South Wales Parliament that establishes the system of environmental planning and assessment for development in the state. It defines the responsibilities of the relevant government departments and authorities and establishes the processes for environmental impact assessment, planning instruments and development consent.
The Act aims to encourage proper environmental planning and assessment relating to development by:
- Requiring the environmental impacts of development to be considered before development proceeds.
- Ensuring community participation in planning decisions.
- Providing increased certainty to those wanting to carry out development.
Historical Events or Environmental Concerns Led to the Creation of the EP&A Act
The EP&A Act was originally enacted in 1979 and has been amended many times since. It replaced the earlier Local Government Act 1919 and Planning and Environment Commission Act 1974.
The Act came about due to growing environmental concerns in the 1960s and 1970s. Rapid population growth, urban expansion and industrial development were putting pressure on the natural environment. This led to calls for stronger environmental regulation and a strategic approach to managing development.
Major concerns at the time included loss of agricultural lands, air and water pollution, loss of bushland and wildlife habitats due to land clearing, and impacts on scenic landscapes from mining and infrastructure projects.
Primary Objectives and Principles of the EP&A Act
The main objectives of the EP&A Act are to:
- Promote social and economic welfare and environmental protection.
- Facilitate ecologically sustainable development.
- Provide increased opportunities for community involvement in planning.
- Streamline development assessment processes.
The principles underpinning the Act include:
- Proper management of air, water, land, plants, animals and cultural heritage.
- Environmentally responsible development outcomes.
- Intergenerational equity - considering long term and cumulative impacts.
- Conservation of biological diversity and ecological integrity.
In summary, the NSW Environmental Planning and Assessment Act 1979 is the primary legislation for managing development and environmental impacts in the state. It was developed in response to growing environmental concerns and aims to balance development with protection of the natural and built environment through proper planning, assessment and community engagement.
What Jurisdiction Does the Environmental Planning and Assessment Act 1979 Cover?
The Environmental Planning and Assessment Act 1979 (EP&A Act) applies to the state of New South Wales, Australia.
The Act regulates planning and development across all land and waters within the boundaries of NSW, which covers an area of approximately 809,444 square kilometres.
The EP&A Act is enforceable over the entire state of NSW, including:
- All local government areas and unincorporated land.
- Land owned by the NSW Government, local councils and private landholders.
- Land within national parks and state forests.
- Coastal waters out to 3 nautical miles offshore.
The Act makes some special provisions for environmental planning and assessment on lands owned or managed by Aboriginal people, including:
- Requiring consultation with Local Aboriginal Land Councils on planning matters affecting Aboriginal communities.
- Providing for the preparation of Community Development Plans to guide planning in Indigenous areas.
- Requiring consideration of the social and cultural impacts of development on Aboriginal heritage and connection to land.
So in summary, the NSW Environmental Planning and Assessment Act has jurisdiction across the entire state of New South Wales, including special requirements for engagement with Indigenous communities regarding development on their traditional lands.
What is the Purpose of the Environmental Planning and Assessment Act 1979?
The Environmental Planning and Assessment Act 1979 (EP&A Act) serves several key purposes within the New South Wales legal system:
- It establishes the system of environmental planning, assessment and development consent in NSW.
- It aims to promote proper environmental management by requiring development impacts to be considered before approval.
- It provides increased opportunity for public involvement in planning decisions.
- It aims to achieve consistency and efficiency in planning processes.
The Act was introduced in response to growing environmental awareness and a need for strategic land use planning. Previously, ad-hoc development was leading to impacts on scenic landscapes, loss of agricultural land, and damage to ecosystems.
The EP&A Act requires environmental factors to be considered in land use plans and during development assessment. This includes impacts on biodiversity, natural resource management, pollution, and heritage.
By mandating environmental impact assessment, the Act aims to achieve sustainable development outcomes. It balances development needs with protection of the natural and built environments.
The Act shapes land use patterns by requiring planning instruments such as Local Environmental Plans and Development Control Plans. These zones land for particular uses and establish development guidelines and standards.
The EP&A Act also regulates building standards and sets out processes for obtaining development consent. It aims to provide certainty and transparency in planning requirements and decision-making.
The purpose of the EP&A Act is to ensure responsible environmental planning and assessment, enable strategic land use management, and provide for community participation in the planning system.
How are the Provisions of the Environmental Planning and Assessment Act 1979 Enforced?
The Environmental Planning and Assessment Act 1979 (EP&A Act) is primarily enforced through administrative mechanisms and the court system. Key methods of enforcement include:
- Development consent conditions - Conditions attached to approved developments act as a tool to enforce environmental management requirements. Non-compliance can lead to fines or legal action.
- Monitoring by consent authorities - Local councils and other consent authorities monitor approved developments to ensure compliance with consents.
- Investigations by the Department of Planning and Environment - The Department can investigate potential breaches and non-compliant development and issue orders to remedy illegal works.
- Prosecution in the Land and Environment Court - Serious breaches of the Act can be prosecuted with civil penalties applied.
- Orders issued by the Minister - The Minister has powers to issue orders to authorities regarding defective planning instruments or to remedy problems with development.
Compliance is monitored through formal audits and investigations as well as public reporting of suspected violations. Penalties apply once non-compliance is proven.
What are the Penalties for Violating the Environmental Planning and Assessment Act 1979?
Penalties for violations of the EP&A Act can include:
- Fines up to $1.1 million for corporations and $220,000 for individuals for carrying out development without consent or breaching orders.
- Daily fines can apply for ongoing non-compliance.
- Developers may also have to undo unauthorised works and pay compensation for environmental damage.
- Imprisonment for up to 2 years is possible for serious offences.
- The court may also make other orders to remedy or restrain a breach of the Act.
Higher fines apply for deliberate or systematic breaches. Penalties are lower for procedural violations compared to major works without consent. This allows punishments to match the severity of the offence.
How Does the Environmental Planning and Assessment Act 1979 Address Land Use Planning?
The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes several core principles for strategic land use planning in NSW:
- Sustainability - Planning should integrate short and long-term economic, environmental and social considerations.
- Precautionary principle - Lack of scientific certainty should not prevent prudent management of environmental risks.
- Intergenerational equity - Planning should provide equity between present and future generations.
- Conservation of biological diversity and ecological integrity.
The Act provides for land use zones to be defined in Environmental Planning Instruments (EPIs) like Local Environmental Plans. EPIs developed under the Act typically include zones for:
- Residential areas of varying densities.
- Commercial and retail centres.
- Industrial and employment lands.
- Recreation and open spaces.
- Environmentally sensitive areas.
- Rural areas for agriculture, forestry etc.
Environmental impact assessment is a key component of the development approval process under the EP&A Act. Different scales of assessment apply based on likely impacts:
- State Significant Developments require an Environmental Impact Statement (EIS).
- Other developments may need a Statement of Environmental Effects (SEE).
- Exempt or complying development does not need formal assessment.
The EIS process aims to avoid, minimise or offset negative environmental impacts through good project design and management. This is vital for balancing development and conservation.
In summary, the EP&A Act promotes strategic land use zonings and evidence-based environmental impact assessment to achieve sustainable development outcomes.
How are Permits Handled under the Environmental Planning and Assessment Act 1979?
The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes a process for obtaining development consents and approvals for activities with potential environmental impacts in NSW.
The standard procedure for obtaining a permit under the EP&A Act is:
- The applicant lodges a Development Application (DA) with the relevant consent authority, usually local council. This includes project details and environmental impact assessment documents.
- The consent authority reviews the DA. It assesses the proposal against relevant environmental planning instruments, development standards, and likely impacts.
- The consent authority determines the DA, either approving it with conditions or refusing it.
- For larger proposals, the Minister for Planning may call it in to decide as State Significant Development.
There are different categories of consent under the Act:
- Development Consent for works like subdivisions, infrastructure and buildings.
- Complying Development Certificates for pre-approved works with minimal impact.
- Part 5 Activities Approvals for industrial, mining and utility works.
Key assessment criteria include zoning compliance, traffic effects, biodiversity, heritage, amenity and design quality. Environmental impact statements must be prepared for larger developments to assess and mitigate impacts. These formal assessments directly inform the approval decision.
The environmental impact assessment reports, such as Environmental Impact Statements (EIS) and Statements of Environmental Effects (SEE), directly inform the development assessment and consent decision. The consent authority will review these reports in detail as part of its evaluation of the merits of the proposal and whether it should be approved. The findings of the impact assessments will guide the authority in applying appropriate conditions on a consent to avoid, minimise, mitigate or offset identified environmental impacts. The assessments help ensure evidence-based decision making that balances development with protection of the environment.
How Does the Environmental Planning and Assessment Act 1979 Promote Sustainable Development and Urbanization?
The Environmental Planning and Assessment Act 1979 (EP&A Act) aims to promote ecologically sustainable development (ESD) through its planning framework and development assessment processes.
ESD is defined in the Act as using, developing and protecting resources in a way that enables people to meet their needs now, while conserving resources for the needs of future generations.
Key ESD principles embedded in the EP&A Act include:
- Precautionary principle - requiring a cautious approach if impacts are uncertain.
- Intergenerational equity - considering long term effects on future generations.
- Conservation of biological diversity and ecological integrity.
The Act requires these ESD principles to be incorporated into environmental planning instruments, such as in the aims, zoning provisions and development controls.
Strategic land use plans enabled under the Act also guide sustainable urban growth. These designate areas for conservation as well as well-planned housing and employment growth.
How Does the Environmental Planning and Assessment Act 1979 Promote Heritage Protection?
The EP&A Act provides for the identification and conservation of environmental heritage in NSW, including:
- Aboriginal cultural heritage - sites, objects and traditions of significance to Aboriginal people.
- Non-Aboriginal heritage - buildings, structures, relics and landscapes of heritage significance.
Key mechanisms in the Act include:
- Requirements to consider impacts on Aboriginal and non-Aboriginal cultural heritage during development assessment.
- Listing significant heritage items and conservation areas in Environmental Planning Instruments to protect and manage them.
- Integrating heritage conservation into the strategic land use planning process.
- Enforcing heritage protection through the development consent process.
The Act aims to foster good heritage conservation practices and ensure development does not adversely affect places and items of environmental heritage significance.
How does the Environmental Planning and Assessment Act 1979 promote biodiversity conservation?
The Environmental Planning and Assessment Act 1979 (EP&A Act) aims to facilitate biodiversity conservation through several mechanisms:
- It defines biodiversity as the diversity of ecosystems, species and genetic material in the environment.
- The Act requires the principles of ecologically sustainable development (ESD) to be applied, including conserving biological diversity and ecological integrity.
- Significant impacts on threatened species, populations and ecological communities must be assessed under the Act.
- Environmental planning instruments can designate areas of high conservation value for protection.
- Development consent conditions can require biodiversity offsets to compensate for unavoidable losses.
Overall the Act promotes a strategic, risk-based approach to managing biodiversity through environmental planning and impact assessment processes.
How Does the Environmental Planning and Assessment Act 1979 Promote Sustainable Urbanization?
The EP&A Act facilitates sustainable urban growth and development in several ways:
- It enables strategic land use plans to designate areas for urban expansion while protecting natural areas.
- The Act requires the principles of ecologically sustainable development to be incorporated into urban plans.
- Environmental criteria like efficient transport, renewable energy, water sensitive design and green infrastructure must be considered.
- Plans should aim for compact settlements that limit urban sprawl.
- The assessment process considers long-term and cumulative impacts of urban growth.
The Act aims to enable well-planned and sustainable urban development through its planning and assessment frameworks.
How does the Environmental Planning and Assessment Act 1979 promote waste management?
The Environmental Planning and Assessment Act 1979 (EP&A Act) promotes sustainable waste management in several ways:
- The Act defines waste as an environmental issue that needs to be properly managed and regulated.
- It requires the principles of ecologically sustainable development to be integrated into planning decisions, including the goal of reducing waste generation.
- Strategic land use plans enabled under the Act can designate locations for waste infrastructure like landfills, recycling and resource recovery facilities.
- Development proposals must consider waste management implications, including construction waste, ongoing waste output and reuse/recycling potential.
- The assessment process evaluates the suitability of proposals for waste processing, disposal and recycling activities.
- Consent conditions can specify waste reporting requirements and waste minimisation targets.
Overall, the EP&A Act facilitates sustainable waste planning by requiring waste implications to be addressed through the environmental assessment and planning system. This aims to minimise waste, maximise resource recovery and ensure appropriate waste infrastructure.
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