EP&A Act (NSW): What’s changed and what’s coming

Some of the key reforms to the Environmental Planning and Assessment Act 1979 (EP&A Act) have now commenced, providing important clarity for proponents and consent authorities in NSW. Environmental Project Manager Liberty Pannowitz unpacks what’s changed so far, and the savings and transitional periods you need to be aware of.

Key reforms now in force

Reforms which commenced on 15 December 2025 include:

• amendments to the objects of the EP&A Act

• statutory establishment of the Housing Delivery Authority (HDA) (Division 2.3A)

  • The legislation of the HDA formalises the NSW Government’s role in assessing major housing proposals, through a state-led pathway that offers an alternative to local assessment

• establishment of the Development Coordination Authority (DCA) (Division 2.3B)

• changes to local planning panels (s 2.17 and 2.18)

• amendments to Part 4 of the EP&A Act:

  • amendments to s 4.15(1) now restricting assessment to the ‘significant’ likely impacts

  • changes to the determination process for Crown development applications (DA) (s 4.33)

  • amendments to lapsing of consents (s 4.53) and more power granted to issue completion orders

  • amendments to the revocation of development consents (s 4.57), and more power to revoke or modify consents, especially if inconsistent with planning instruments

• changes to planning agreements (s 7.4(3A))

• introduction of matters not relevant to DA assessment under s 4.15(1)(b) via new s 65A of the EP&A Regulation

The DCA has been established to streamline and centralise the State’s role in development applications and rezonings, consolidating agency advice from up to 22 different state entities. However, the DCA’s role is limited to issuing general terms of approval in place of agency referrals, many of which are not required for state significant developments (SSD) (s4.41) or renewable energy projects (s4.42), meaning the direct benefit to major renewable energy proponents may be limited. The DCA will have a staged roll out, with full statutory powers commencing in July 2026.

There are no savings or transition provisions for SSD for which Secretary’s Environmental Assessment Requirements (SEARs) have been issued, but the DA not lodged. Applicants are advised to contact the Department of Planning, Housing and Infrastructure if concerned that SEARs do not reflect the changes made to section 4.15.

These changes will have immediate implications for the assessment and determination of development applications lodged on or after commencement, subject to the operation of the transitional and savings provisions.

Non-legislative reforms to SEARs

Other updates to guidelines and SEARs processes have been slated for Q2 2026. These reforms focus on applying a more proportionate and risk-based approach, including simplifying too broad and generic SEARs, re-evaluating the need for industry-specific SEARs with simpler requirements for low-risk proposals and removing industry-specific SEARs where they do not add value.

The SSD and State significant infrastructure guidelines, including the scoping process, are to be simplified and consolidated, adding the principle of proportionality and the other relevant changes to the EP&A Act.

Additionally, many circulars are expected to be withdrawn or consolidated into concise, subject-specific practice notes, and obsolete guidance material removed from the NSW Planning website.

Regionally significant development and planning panels

Another key structural reform is the removal of the regionally significant development pathway and the staged abolition of Sydney district and regional planning panels (RRPs).

As of 16 January 2026, councils will now determine regionally significant development applications, with some exceptions (including those applications lodged before 4 September 2024).

The removal of RPPs poses a risk to renewable energy projects formerly assessed as regionally significant (below $30 million). RPPs have been historically instrumental in approving energy projects ranging from 5 MW to 10 MW. Their removal means these DAs, mostly solar and battery energy storage systems, will now be determined by local councils. This has significant ramifications where councils may be under-resourced, raising concerns of delays.

Reforms still to commence

A substantial tranche of reforms are yet to commence, including:

• a new definition of ‘development standard’ (s 1.4)

• a single, state-wide Community Participation Plan (s 2.23)

• amendments to bushfire provisions (s 4.14)

• new s 4.15(1A) allowing particular matters to be declared relevant or irrelevant to assessment

• standardisation of conditions of consent (s 4.17)

• expanded complying development pathways, including variation certificates (s 4.31A)

• introduction of targeted assessment development under Division 4.3A

• updated appeal and review processes

• staged abolition of Sydney district and regional planning panels

Further commencement dates will be critical for projects currently in planning or assessment phases.

What to watch next

The commenced Act has been generally updated to better reflect today's planning priorities, with amended objects intended to improve interpretation and introduce modernity.

Further commencement dates are expected for the remaining reforms in 2026. Onward will continue to monitor developments and provide updates as the remaining provisions are brought into force and as their practical implications become clearer.

You can read our earlier articles on the EP&A Act reforms and the full text of the EP&A Act legislation and regulations is now available.