Posted on December 12, 2023 by Sue Puckeridge and Samantha Hainke 4

ALERT: Restructuring of the Department of Planning and Environment

The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below.

The proposed changes are set out in the Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2023 [NSW] (Order) as published on 6 December 2023.

Most changes commence on 1 January 2024, others will commence on 1 February 2024.  

Key Changes Commencing on 1 January 2024

The DPE will be renamed the Department of Planning, Housing and Infrastructure (DPHI).

The Environment and Heritage Group, the Water Group, both of which are currently part of the DPE will be transferred to the Department of Climate Change, Energy, the Environment and Water.

The Office of Energy and Climate Change, currently part of the Treasury will also be transferred to the Department of Climate Change, Energy, the Environment and Water.

The Environment line team in the Corporate Services Group currently part of the DPE is to be transferred to the Environment Protection Authority Staff Agency.

Changes to References in Documents, Acts and Instruments

The Order details how the current references in documents, Acts and Instruments are to be read from 1 January 2024. 

Relevantly, any reference to the DPE in a document is to be read as follows: 

Current Reference		To be construed as:
The Environment and Heritage Group or the Water Group		Department of Climate Change, Energy, the Environment and Water
The Environment line team in the Corporate Services Group		Environment Protection Authority Staff Agency
All other references		Department of Planning, Housing and Infrastructure

Any references in a document to the Secretary of the DPE are to be read as follows: 

Current Reference		To be construed as:
The Environment and Heritage Group or the Water Group		Secretary of the Department of Climate Change, Energy, the Environment and Water
The Environment line team in the Corporate Services Group		Chief Executive Officer of the Environment Protection Authority
All other references		Secretary of the Department of Planning, Housing and Infrastructure

Other relevant changes to references in documents include: 

Current Reference:		To be construed as:
Matters requiring consultation with, the concurrence of, or notification to, the Chief Executive of the Office of Environment and Heritage		Matters requiring consultation with, the concurrence of, or notification to, the Secretary of the Department of Climate Change, Energy, the Environment and Water
Any reference in a document, if used in, or in relation to, a provision of an Act or instrument specified in the table under Schedule 1, clause 22(6) of the Order		To be read as a reference to the corresponding new references set out in the table under Schedule 1, clause 22(6) of the Order.

Some of the key Acts that will be amended by Schedule 1, clause 22(6) of the Order include: 

Provision of Act or instrument		Existing reference		To be construed as
Coastal Management Act 2016, section 4(1), definition of Department		DPE		Department of Climate Change, Energy, the Environment and Water
Food Act 2003, section 110, definition of relevant body		Secretary of the DPE		Secretary of the Department of Climate Change, Energy, the Environment and Water
Heritage Act 1977, section 8(2)		Secretary of the Department of Planning, Industry and Environment		Secretary of the Department of Climate Change, Energy, the Environment and Water
Local Government Act 1993, section 36D(3)(d)		Chief Executive of the Office of Environment and Heritage		Secretary of the Department of Climate Change, Energy, the Environment and Water

The Order also amends the allocation of relevant Ministers of Departments of the Public Service as contained in section 1 of the Administrative Arrangements (Public Service agencies and Ministers) Order 2023.  In particular it specifies the various Ministers who will have responsibility for DPHI and Department of Climate Change, Energy, the Environment and Water: Schedule 4.

Other Changes Commencing on 1 February 2024

On 1 February 2024, parts of the DPHI will be transferred to the Department of Communities and Justice (Transferred DCJ Part). These parts are that which enable:

• the Aboriginal Housing Office to exercise its functions;
• the New South Wales Land and Housing Corporation to exercise its functions; and
• the Housing Services team of the Homes, Property and Development Group.

Corresponding changes to the interpretation of references in documents relevant to a Transferred DCJ Part also take effect from that date: 

• a reference in a document to the DPHI in relation to a Transferred DCJ part must be read as a reference to the Department of Communities and Justice;
• a reference in a document to the Secretary of the DPHI in relation to a Transferred DCJ part must be read as a reference to the Secretary of the Department of Communities and Justice; and
• the reference in the Housing Act 2001, section 6(2) and (3) to the Secretary of the Existing DPE must be read as a reference to the Secretary of the Department of Communities and Justice.

The Order can be found here. 

If you have any questions in relation to this article, please leave a comment below or contact Sue Puckeridge on 02 8235 9702.