Aerial view over Katoomba, BMCC
MINNS GOVERNMENT PLANNING LAW – DISASTROUS NEW BILL PASSED
The Planning System Reforms Bill 2025 was passed by the Legislative Council on 11 November without further amendments. All amendments proposed in the Upper House, mainly from the Greens, received no support from the government or opposition and were voted down.
Having passed both houses of parliament, the Bill now only needs assent from the Governor of NSW which is still pending (as at 14 November). The new legislation will commence 28 days following assent.
Regulations and planning policies will be needed to give effect to the Bill. It is unclear how much, if any, public consultation will be undertaken. We will keep members informed.
Latest News - 12 November 2025
An amendment debated and defeated when parliament resumed on Tuesday November 11 aimed to ensure greenhouse gas emissions and climate change impacts could not be excluded when assessing a particular development (e.g a coal mine). This was proposed by Jeremy Buckingham (Legalise Cannabis Party) and supported by the Greens.
Previous News
Legislative Council debate – October 21 & 23
A number of amendments were proposed by the Greens and voted down by Labor and Liberal members, which included:
- Requirements for climate risk and natural hazard assessments in planning decisions;
- Evaluation of climate change impact;
- Anti-corruption requirements; publication of recommendations and reports, statements of reasons for planning decisions;
- Stronger integrity requirements for community participation plans;
- Special consultation procedures for threatened species;
- Bushfire protections and greater requirements for bushfire prone land;
- Requirement to consult on Aboriginal Cultural Heritage;
- Evaluation of “significant” likely impacts of development;
- Removal of Ministerial powers to remove environmental protections and make planning considerations “irrelevant” via regulation.
- Revoking the provision allowing compensation claims to be made by developers when a ‘zombie’ development approval (i.e. over 25 years old) is revoked or modified by the consent authority (Greens).
- Removing new clause 65A which prohibits consent authorities from considering the environmental impacts of works related to a development but which are not included in the development application before them e.g. associated roads (Greens). This clause works to obscure cumulative impacts and the impact of the development as a whole.
Legislative Assembly debate – October 15 & 16
A number of amendments were passed in response to community concerns across the state. These included:
- Restoring environment protection and community interests as key ‘objects’ at the core of the planning approval process;
- Excluding mining projects from the new fast-track development pathway called Targeted Assessment Development (and other ‘designated developments’) ; and
- Reversing some of the proposed watered down bushfire considerations in planning decisions.
October 14
The Society's President and some of it's office-holders had an urgent meeting with the State Member for Blue Mountains, Trish Doyle MP on Monday 13 October to explain in detail the Society's concerns about the proposed Bill.
You can find a copy of an Information Sheet that the Society prepared on which to base discussions with Trish
here.
You can find a copy of the letter that Trish Doyle wrote to The Hon. Paul Scully, MP, Minister for Planning and Public Spaces immediately following her meeting with Society Office-holders
here.
You can find a Press Release from The Nature Conservation Council relating to this proposal
here.
WHAT IS THE BILL?
The Bill is called: “The Environmental Planning and Assessment (Planning System Reforms) Bill 2025”
https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18807
This Bill allows for a massive overhaul of the NSW planning system and has come to parliament without any community consultation.
Although the Bill’s stated intention is to deliver more houses by streamlining planning processes, the amendments will apply to ALL development (including mining) across NSW, not just housing.
The Bill:
- Promotes development and reduces consideration of needs of the community and the environment
- Affects ALL types of development
- Diminishes environmental and bushfire risk considerations in decision-making
- Introduces a new, streamlined assessment pathway (“targeted development assessment”) that is makes consideration of environmental impacts and the public interest unlawful
- Undermines anti-corruption safeguards recommended by the Independent Commission Against Corruption
ADDITIONAL INFORMATION:
See the NSW Nature Conservation Council’s media release:
https://www.nature.org.au/minns_government_fast_tracks_destruction_as_planning_bill_passes.
For full information about the Bill’s passage through parliament, go to:
https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18807.
Here is a link to a briefing note by the Environmental Defenders Office
https://www.edo.org.au/wp-content/uploads/2025/09/250926-EDO-Briefing-note-NSW-Environmental-Planning-and-Assessment-Amendment-Planning-System-Reforms-Bill-2025.pdf.
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We acknowledge the traditional custodians of this land
the Darug and Gundungurra people
and pay respect to their Elders past and present.
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