Legal Instrument

Where the Council has resolved to support finalisation of a planning proposal and the making of an associated Local Environmental Plan (LEP) amendment, the proposal is then forwarded to NSW Parliamentary Counsel’s Office for formal drafting of a legal amending instrument.

The legal instrument gives effect to the planning proposal by amending the LEP. The planning proposal sets out the intention of the LEP amendment and Parliamentary Counsel’s Office ensures that the intention of the planning proposal is reflected in the instrument that is drafted.

Once Parliamentary Counsel’s Office has drafted a legal amending instrument, it will usually be checked by either the NSW Department of Planning and Environment, Council or both and revised if necessary.

Prior to the LEP amendment being made, Council may also need to finalise draft technical LEP maps, prepared in accordance with the NSW Department of Planning and Environment’s Standard Technical Requirements for spatial datasets and maps . Final maps must be reviewed and approved by the NSW Department of Planning and Environment’s mapping section prior to any finalisation of an associated LEP legal amending instrument.

Where the plan-making functions of the Minister for Planning and Environment have been delegated to Council, Council will be able to lodge the legal instrument and approved technical maps for making of the LEP amendment. This requires a report to be prepared by Council pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979.

Where Council has not been delegated functions to make the LEP amendment or has chosen not to exercise the functions if so delegated, then the NSW Department of Planning and Environment will be responsible for lodgement of the legal instrument, approved technical maps and report for making of the LEP amendment.

Once finalised, LEP legal amending instruments are published on the NSW Legislation website  and the associated changes incorporated into the relevant LEP.