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Planning EnvironmentDevelopment ApplicationsNSWHARD

In NSW, what is the relationship between the Environmental Planning and Assessment Act 1979 (EP&A Act) and Local Environmental Plans (LEPs)?

Correct Answer

B) LEPs are made under, and operate within, the EP&A Act framework

The EP&A Act provides the overarching legislative framework for planning in NSW, including the power and procedures for making Local Environmental Plans. LEPs are statutory instruments made under the EP&A Act and must comply with its requirements and objectives.

Answer Options
A
LEPs override the EP&A Act wherever the two are inconsistent
B
LEPs are made under, and operate within, the EP&A Act framework
C
LEPs and the EP&A Act operate completely independently of each other
D
The EP&A Act applies only to state government development

Why This Is the Correct Answer

The Environmental Planning and Assessment Act 1979 authorises the making of LEPs and sets out how they are prepared, exhibited and amended. An LEP is a statutory instrument made under the Act and operates within it.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

EP&A ActLocal Environmental Plansplanning frameworkstatutory instrumentshierarchy
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