Executive summary of update

• Effective date: 27 March 2026
• This update represents a comprehensive re-write of the Environmental Planning and Assessment Regulation 2021, rather than a simple amendment. The primary intent is to overhaul and clarify various planning and assessment processes, definitions, and financial obligations. The most significant practical consequences for Simpoli include a revised methodology for calculating estimated development costs, new mandatory environmental and sustainability statements for certain non-residential developments, a completely new fee structure, and altered procedures for development applications, modifications, and complying development certificates. This necessitates a full review of internal processes and compliance frameworks.

Impacted parties

This update broadly impacts all parties involved in environmental planning and assessment in New South Wales, including applicants (developers, public authorities), consent authorities (councils, Planning Secretary, Independent Planning Commission), certifiers, and various public authorities.

Change Analysis

1. Fundamental Re-structuring and Re-definition of Key Concepts

• What is new? The entire regulation has been re-written, leading to a complete re-numbering of clauses and a re-organization of content. Key definitions, such as "estimated development cost" (s 6), "designated development" (s 7, Schedule 3), and "BASIX development" (s 6A, Schedule 7), have been substantially altered or clarified. The list of "public authorities" (Schedule 1) and "planning certificates" (Schedule 2) have also been completely re-written.
• What was old? The previous version had different clause numbering and definitions....