Legal Insights

State Environmental Planning Policies to be consolidated

By Breellen Warry, Georgia Appleby & Elizabeth Reed

• 04 February 2022 • 5 min read
  • Share

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 This is because the Department of Planning, Industry and Environment take the view that the repealed provisions will continue to have effect due to the operation of sections 5(6) and 30(2)(d) of the Interpretation Act 1987.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 SEPPRepealed SEPP
Transport and Infrastructure SEPP
  • SEPP (Infrastructure) 2007
  • SEPP (Educational Establishments and Childcare Facilities) 2017
  • SEPP (Major Infrastructure Corridors) 2020
  • SEPP (Three Ports) 2013
Biodiversity and Conservation SEPP
  • SEPP (Vegetation in Non-Rural Areas) 2017
  • SEPP (Koala Habitat Protection) 2020
  • SEPP (Koala Habitat Protection) 2021
  • Murray Regional Environmental Plan No 2 – Riverine Land
  • SEPP No 19 – Bushland in Urban Areas
  • SEPP No 50 – Canal Estate Development
  • SEPP (Sydney Drinking Water Catchment) 2011
  • Sydney Regional Environmental Plan No 20 – Hawkesbury – Nepean River
  • Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
  • Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment
  • Willandra Lakes Regional Environmental Plan No 1 – World Heritage Property
Primary Production SEPP
  • SEPP (Primary Production and Rural Development) 2019
  • Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas)
Resilience and Hazards SEPP
  • SEPP (Coastal Management) 2018
  • SEPP 33 – Hazardous and Offensive Development
  • SEPP 55 – Remediation of Land
Industry and Employment SEPP
  • SEPP (Western Sydney Employment Area) 2009
  • SEPP 64 – Advertising and Signage
Resources and Energy SEPP
  • SEPP (Mining, Petroleum Production and Extractive Industries) 2007
  • Sydney Regional Environmental Plan No. 9 – Extractive Industries
Planning Systems SEPP
  • SEPP (State and Regional Development) 2011
  • SEPP (Aboriginal Land) 2019
  • SEPP (Concurrences and Consents) 2018

Precincts SEPPs

  • SEPP (Precincts – Eastern Harbour City) 2021
  • SEPP (Precincts – Central River City) 2021
  • SEPP (Precincts – Western Parkland City) 2021
  • SEPP (Precincts – Regional) 2021
  • Sites within the State Environmental Planning Policy (State Significant Precincts) 2005 have been split across the 4 precincts.
  • Sites within the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 have been split between the Central River City and Western Parkland City precincts
Design and Place SEPP
  • State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development
  • State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
Housing SEPP
  • State Environmental Planning Policy (Affordable Rental Housing) 2009
  • State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004
  • State Environmental Planning Policy No 70 - Affordable Housing (Revised Schemes)
  • State Environmental Planning Policy No 21 - Caravan Parks
  • State Environmental Planning Policy No 36 - Manufactured Home Estates

*Note that the Housing SEPP commenced on 26 November 2021.

Codes SEPPNo 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

  • Share

Recent articles

Online Access