Legal Insights
State Environmental Planning Policies to be consolidated
On 2 December 2021, the Minister for Planning and Public Spaces announced the next part of the Government’s planning reforms. As part of the reforms, all existing State Environmental Planning Polices (SEPPs) and Regional Environmental Plans (REPs) will be consolidated into 11 new SEPPs that align with the 9 ‘focus areas’ identified in the Planning Principles also announced by the Government such as housing, employment, primary industry, design and the environment.[1]
The new consolidated SEPPs are due to commence on 1 March 2022 (aside from the Housing SEPP which commenced on 26 November 2021).[2]
What will the new SEPPs do?
The Department of Planning Infrastructure and Environment has indicated that the changes arising from the SEPP consolidation are administrative and make minimal, if any, policy changes.[3] Rather, the new consolidated SEPPs incorporate each of the existing SEPPs and REPs in distinct chapters.
One exception to this is that the savings and transitional provisions in all of the existing SEPPs and REPs are not proposed to be transferred into the new consolidated SEPPs. This is because the Department of Planning, Industry and Environment take the view that the repealed provisions will continue to have effect due to the operation of sections 5(6) and 30(2)(d) of the Interpretation Act 1987.
The new SEPPs and the SEPPs they will replace are set out in the table below.
| New consolidated SEPP | Repealed SEPP |
|---|---|
| Transport and Infrastructure SEPP |
|
| Biodiversity and Conservation SEPP |
|
| Primary Production SEPP |
|
| Resilience and Hazards SEPP |
|
| Industry and Employment SEPP |
|
| Resources and Energy SEPP |
|
| Planning Systems SEPP |
|
Precincts SEPPs
|
|
| Design and Place SEPP |
|
| Housing SEPP |
*Note that the Housing SEPP commenced on 26 November 2021. |
| Codes SEPP | No changes have been made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
Further information about the new consolidated SEPPs can be found here.
[1]
Find the Government announcement here.
[2] For further information on the Housing SEPP, see our previous article, ‘The Housing SEPP has Commenced!’.
[3] See, for example, Fact Sheet for Transport and Infrastructure SEPP (December 2021).
Looking for more information on the new consolidated SEPPs?
Contact our NSW Planning & Environment team
By Breellen Warry, Georgia Appleby & Elizabeth Reed
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