78042 Environmental Planning & Development Law

This subject introduces students to the basic rules of environmental planning and development law in New South Wales. The primary focus is on the 'development control and assessment process' in NSW, which is part of the system of statutory environmental planning contained in the Environmental Planning and Assessment Act 1979.

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, the Land and Environment Court Act 1979, the Environment Protection and Biodiversity Conservation Act 1999, the Protection of the Environment Operations Act 1997, the Rivers and Foreshores Improvement Act 1948, the National Parks and Wildlife Act 1974, the Heritage Act 1977, the Threatened Species Conservation Act 1995 and the Water Management Act 2000.

The subject covers the following topic areas: the making of environmental planning instruments, the meaning of development, the different categories of development, the development control process, development applications and development consents, existing use rights, part 3A major development, part 4A certificates, part 5 environmental assessment, enforcement of environmental planning laws, the powers of NSW local councils and decision-making by councils.

In order to properly understand and appreciate the law in relation to environmental planning and the development control and assessment process, it is essential 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.

Teaching Material for this course