Planning Laws in Australia

Running head: Planning Laws in Australia
Submission 50
Dr. Peter Lewis
Faculty of Law
Queensland University of Technology
6 September 2019
Foreign Affairs, Defence and Trade Committee
Department of the Senate
Parliament House
Canberra ACT 2600
[e-mail]
Dear Committee Secretary,
PHASE 1
STATUTORY LAND USE PLANNING BEFORE 1979
The planning framework was introduced in the New South Wales in the year 1945 through
the Local Government Act of 1919 and the Local Government (Town and Country Planning)
Amendment Act of 1945. The Acts gave way to a more systematic and formal development

Running head: Planning Laws in Australia
Submission 50
approach. The Town and Country Planning Schemes (Part XXXIIA) gave authority to
councils to conduct the preparation of town planning schemes for the control of development
within their municipality. The Planning and Environment Commission Act’s enactment
occurred in 1974. In 1979, the Environmental Planning and Assessment Act was enacted.
Environmental Planning and Assessment Bill of 1979
The core purpose of the Bill is to create a legislative decision-making framework for the
environmental planning. Its objective is the satisfaction of the State’s current and future needs
for planned economic growth as well as social environmental enhancement. The Bill
established the Environment and Planning Department with the responsibility of
environmental study and its assessment and its appraisal within and without the planning
process. This Bill was complemented by the Land and Environment Court Bill (clauses 97
and 98).
Another object of the Bill is the division of responsibility for the government with regards to
environmental planning. Part 111 gives authority to the local government to formulate plans
for local environment. This includes developing and initiating plans and policies which have
significance for the State or region. It has been 30 years since the local government
commenced town planning legislation, and the Government is working to for its independent
responsibility when it comes to decisions of local planning.
DELEGATED LEGISLATION
This may also be referred to as subordinate legislation. It is the legislation which is made
through the reliance of an Act of Parliament’s authority. Statutory rules, ordinances, by-laws
council orders and other instruments of the executive form part of delegated legislation. The

Running head: Planning Laws in Australia
Submission 50
delegation of legislative role enables the Parliament to easily debate about fundamental
matters of principle and policy.
It is the responsibility of the Parliamentary Counsel to draft regulations, proclamations,
statutory rules as well as instruments of environmental planning following the instructions
given by the concerned agencies. It also provides advice to the agencies on legality and
legitimacy of the delegated legislation. It cautions agencies against preparing their own
delegated legislation drafts.
Activities of planning and zoning occur with guidance and advice from wide strategic
planning policies from the state. There is the existence of a planning instrument hierarchy for
the facilitation of consistent outcomes for land use and planning. State planning departments
apply instruments that are based on principle.
Regulatory instruments put focus and emphasis on new development. They place restrictions
on development types which require consent authorities in order to consider certain measures
for the assessment of development. Zones and overlays are instruments that are spatially
based and they set objectives for proper land use in a certain area. Strategic planning shifts
the planning culture from ad hoc decision-making. Where a proposal requires assessment, its
evaluation occurs against common values and shared interests. It is the consensual outlook of
the future which binds strategic planning. The Great Sydney Commission is a regional body
which operates between the state and local government level. It is the commission which
oversees strategic planning. The Great Sydney Commission Act provides its objectives which
include metropolitan planning for the region and promotion of Government decision-making
for infrastructure for land use planning.1
State Environmental Planning Policies (SEPPs)2
1 Section 9
2 Division 3.3

Running head: Planning Laws in Australia
Submission 50
The Minister has to put into consideration the fact that SEPP is warranted due to its
significance on environmental planning matters of the state or the region generally.
Consultation is required with reliance on Ministerial discretion. SEPPs are presented to the
public in a draft form before they become legally binding documents. They apply to the
whole state geographically. They allow some development types which are otherwise
prohibited. Zoning may be used for the control and regulation of development.
Local Environment Plans (LEP)
These refer to legal instruments which zone land, impose standards of controlling
development or implement an outcome of the state or local policy. They apply to a specific
area, a local government area in its entirety or partially. An LEP which applies to a local
government area in its entirety is known as principal LEP. Most of such plans remain
enforceable until their amendment or repeal by another LEP. Principle LEPS are made in a
form that is standard and as prescribed by the Standard Instrument Order of 2006. The LEPS
divide into zones the geographic area, that is, industrial, rural, open space, residential,
business and environment protection zones. All the zones rely on a list of objectives that
indicates the use that is intended for the zone. The list also provides the development types
that are permissible in the given area, that is, permissible with consent or permissible without
consent or one that is prohibited.
There are certain steps which need to be followed for the successful making of LEPs. Firstly,
a planning proposal needs to be prepared. This includes objects of the LEP, its desired effects
and justifications. Another step is gateway determination whereby the Minister sets out
whether or not to proceed and the conditions or considerations. The final step is definitely the
making of the LEP. The Planning Proposal Authority is tasked with preparing a document
which explains the effect that is intended by the proposed instrument and provides the