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Update to Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 analysis

Posted on : Friday, 3 June 2022

FPA Australia has analysed the changes of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 to show what changes have been introduced.  

 

The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 commenced on 1 January, 2022, and covers elements transferred out of the old Environmental Planning and Assessment Regulation 2000.  

 

The remainder of the old regulation was moved to the new Environmental Planning and Assessment Regulation 2021 and renumbered - this has not, as yet, been analysed.  

 

A big difference between the old and new regulation is the introduction of penalties for several of the clauses.  These are denoted in the analysis.  For reference, a 'penalty unit' is worth $110 in NSW.  

 

While most clauses underwent some rewriting, this was predominantly for the purposes of improving comprehension and not to create substantive change.  Some concerns raised by the Department of Planning, Infrastructure, and the Environment have been addressed in the latest version of the analysis.  

 

As yet, we have not done an analysis of the other regulation, but a list of the old vs new clauses can be found here.  

 

The analysis is not definitive, and anybody wishing to understand their responsibilities under the new regulation should refer to it directly.