78042 Environmental Planning and Development Law

This subject deals with the carrying out of development in New South Wales having regard to the principles of ecological sustainability. The primary focus is on the 'development control process' in NSW, which is part of the system of statutory environmental planning contained in the Environmental Planning and Assessment Act 1979 (NSW).

Topics include the making of environmental planning instruments, the meaning of 'development', the different forms of development, the development control process, development applications and development consents, existing use rights, Part 3A major projects, Part 4A certificates, Part 5 environmental assessment, the powers of NSW local councils, and decision-making by councils.

In addition to the Environmental Planning and Assessment Act 1979, other legislation is covered as well, including but not limited to the Local Government Act 1993 (NSW), the Land and Environment Court Act 1979 (NSW), the Environmental Protection and Biodiversity Conservation Act 1999 (Cth), the Protection of the Environment Operations Act 1997 (NSW), the Rivers and Foreshores Improvement Act 1948 (NSW), the National Parks and Wildlife Act 1974 (NSW), the Heritage Act 1977 (NSW), the Threatened Species Conservation Act 1995 (NSW), and the Water Management Act 2000 (NSW).

However, in order to properly understand and appreciate the law in relation to environmental planning and the development control process, it is essential and not just desirable that students gain an understanding of the institutions, legal principles, thought-forms, constructs and techniques of local government in NSW. Accordingly, the subject also includes such fundamental topic areas as the legal nature and role of NSW councils, their organisational structure, the roles and functions of the various 'players', decision-making mechanisms (including the conduct of meetings), delegations, sub-delegations and authorisations.