Posted on May 8, 2025 by Katie Mortimer

ALERT – Amendments to the EPA Act passed by Parliament

Yesterday the Environmental Planning and Assessment Amendment Bill 2025 (Bill) was passed by NSW Parliament and is now awaiting assent. The Bill will make some key amendments to the Environmental Planning and Assessment Act 1979 (Act) with some commencing on the date of assent and others commencing on a day or days appointed by proclamation.

We detailed the amendments to the Act in our earlier post here. The key changes to the Act are: 

• that modification applications may amend conditions of consent without there being any requirement for a change to the development the subject of the consent, 

• the declaration of housing targets in regional strategic plans via new section 3.2A. These housing targets will be required to be given effect via the review of local environmental plans on the making of a strategic plan, and during the preparation of a planning proposal. 

• that concept development consents may be modified via conditions of consent imposed on the determination of a further development application for the site (the modification occurring via s4.17(1)(b) and (5) of the Act). Previously such a determination would arguably be inconsistent with the consent development consent and therefore contrary to s4.24(2) of the Act. As raised in our earlier post, in our view this change undermines the purpose of a concept development consent which is to set parameters and give certainty as to the determination of any future DAs lodged for a site, 

• amending section 7.32 which specifies when conditions may be imposed requiring the dedication of land free of cost or the payment of a monetary contribution to be used for the purpose of providing affordable housing. Previously s7.32 conditions could only be imposed if authorised by a local environmental plan. The amendment makes that no longer necessary and any environmental planning instrument (such as the Housing SEPP) can authorise the imposition of a condition pursuant to s7.32. Importantly the Bill includes a savings provision so that this change is taken to have commenced on 1 March 2018, and any condition imposed on or after 1 March 2018 that would not have been validly imposed if not for the Bill is validated.

• clarification as to what constitutes a ‘submission’ in community participation requirements,

• removing the requirement for the Minister to obtain advice from the Independent Planning Commission before declaring development that includes residential accommodation to be State significant development, 

• exempting the Housing Delivery Authority from the requirement to conduct meetings in public.

The changes relating to regional strategic plans will commence on a day or days appointed by proclamation, with all others commencing on the date of assent.  

There have been some minor amendments to the Bill since it was first introduced on 19 February 2025. These changes include:

• Directions from the Planning Secretary to amend Local Strategic Planning Statements – an amendment to s3.9(3A) allowing the Planning Secretary to direct a local council to amend its local strategic planning statement if it is inconsistent with a strategic plan applying to that area

• Minimum public exhibition periods for SSD – the first print of the bill proposed a 14 day minimum public exhibition period for SSD. The Bill amends clause 9 of Schedule 1 of the Act so the minimum public exhibition period for SSD is 28 days, or for a ‘relevant SSD application’ if a ‘relevant community participation plan’ prepared by the Planning Secretary specifies a period of public exhibition for the application – the period specified in the plan.

A ‘relevant SSD application’ includes an application for SSD that includes residential accommodation, or housing development carried out by certain public authorities, in-fill affordable housing, build-to-rent housing or seniors housing.  

• Minutes of meetings of Planning Bodies exempt from meeting in public – inserting clause 25(7) to Schedule 2, which requires that when a planning body is exempt from meeting in public it must, within 14 days after a meeting at which the body considers proposed development that includes residential accommodation, make the minutes of the meeting publicly available. 

• Review of Strategic Plans every 5 years – amending s3.5(3) so that the Planning Secretary must review a regional strategic plan every 5 years after the plan is made by the Minister. 

You can read the Bill as passed here: Environmental Planning and Assessment Amendment Bill 2025

To discuss this post please leave a comment or contact Katie Mortimer on 8235 9716 or Samantha Hainke on 8235 9727.