Publication of SEPPS and LEPS

There have been some recent changes to how the public is notified about new planning instruments on the NSW Government website.

The law

Section 3.24 of the Environmental Planning and Assessment Act 1979 (EPA Act) states (with emphasis added):

3.24 Publication, amendment and repeal of environmental planning instruments

(5) An environmental planning instrument shall—

(a) be published on the NSW legislation website, and

(b) commence on and from the date of publication or a later date specified in the instrument.

(5A) Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument.

(5B) Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published on the NSW legislation website after the day on which one or more of its provisions is expressed to commence. In that case, the provisions concerned commence on and from the day the instrument is published on the NSW legislation website, instead of on and from the earlier day.

(9) An environmental planning instrument shall be deemed to have been published on the NSW legislation website notwithstanding that any planning map or other instrument or material referred to, embodied or incorporated in the environmental planning instrument is not so published.

(11) An environmental planning instrument may be amended or repealed by a subsequent environmental planning instrument, whether of the same or a different type.

Environmental planning instruments include things like State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs). Whenever new instruments are created, or existing instruments are amended, they will be published on the NSW Legislation website and thereafter become law.

Where can I find SEPPs and LEPs on the NSW Legislation website?

Information about the publication of new environmental planning instruments, like SEPPs and LEPs, can be accessed on the NSW Legislation website by clicking on the ‘Notification’ tab.

This is shown in the image below and is indicated by an orange box.

When accessing notifications, you will be able to see the date that the instrument was published and the exact details of the instrument (that is, a copy of the document which has became law).

Notifications can also be accessed directly by clicking here.

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Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry.

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