Legal Insights

State Environmental Planning Policies to be consolidated

Breellen Warry
, Georgia Appleby & Elizabeth Reed

• 04 February 2022 • 5 min read

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 This is because the Department of Planning, Industry and Environment take the view that the repealed provisions will continue to have effect due to the operation of sections 5(6) and 30(2)(d) of the Interpretation Act 1987.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New consolidated SEPP	Repealed SEPP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	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 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).}