Climate Change and Natural Hazards SEPP

• Draft Climate Change Scenario Guidelines
• Draft Urban Heat Policy Statement

These documents have been released to support the exhibition of the Climate Change and Natural Hazards SEPP.  We are not seeking feedback on these documents.

• Consideration of tolerable risk for natural hazards in land use planning guideline
• Guiding Principles to Build Back Better after natural disasters
• Climate Change Case Studies

Why is a Climate Change and Natural Hazards State Environmental Planning Policy (SEPP) needed? 

The NSW planning system plays an important role in adapting to climate change and managing and mitigating the impacts of natural hazards. 

Planning is the right place to address future risks to communities, and to balance the future costs and impacts from climate risk against the cost of delivering housing and the need to address housing affordability. 

Amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) last year introduced a climate change and natural hazards object to the Act and updated provisions related to bushfire prone land.  

The Department is responsible for administering the EP&A Act and ensuring that the objectives of the EP&A Act are reflected in environmental planning instruments including State Environmental Planning Policies (SEPPs) and associated guidance.

How is the proposed policy different from other climate change and natural hazard plans including the NSW Climate Change Adaptation Action Plan and the State Disaster Mitigation Plan 2024-2026?

Land use planning plays a vital role in guiding what types of new development occur and where they are located. It provides a key opportunity to increase the community’s resilience to climate change and natural hazards. Climate change and natural hazard plans, including the State Disaster Mitigation Plan 2024-2026, outline land use planning strategies and actions and identify the planning system as a tool to support the NSW Government’s commitment to making safer and more resilient communities.  

The proposed policy supports the objectives of these plans by applying statewide planning provisions related to climate change, natural hazards and rebuilding after a natural disaster. It will help planning and consent authorities consider risks early and make planning decisions that help build resilience, minimise disaster costs, and deliver more homes in the right locations. 

Isn’t climate change already considered in the planning system?

While several natural hazards are already considered in the NSW planning system, climate change is not consistently considered across planning as a whole. Climate change is intensifying the frequency, intensity, and distribution of natural hazards and planning authorities need to consider a range of hazards and their impact – both now and in the future – when making land use planning decisions. 

The proposed policy will provide a clear and more streamlined approach to the consideration of natural hazards. It will consider the impact of climate change within existing natural hazard frameworks, supporting planning and consent authorities to make informed decisions about future climate risk.

What impact will the proposed SEPP have on building costs?

The proposed policy responds to the new climate change and resilience object of the Environmental Planning and Assessment Act 1979 by applying statewide climate change and natural hazard planning provisions to development proposals. It aims to balance risk considerations without increasing building or administration costs.

Will other SEPPs be updated to reflect the new framework?

Preparation of the proposed policy will require updating other relevant SEPPs to reflect the new framework. This will include moving some content in existing SEPPs, correcting outdated references, and updating language where needed.

Where can I get more information?

For further information please email [email protected]

What is tolerable risk?

Tolerable risk refers to a level of risk that is considered to be acceptable (or tolerable) to the community, industry, and government.

How does consideration of tolerable risk support good planning decisions? 

Considering tolerable risk supports good planning decisions by balancing the consideration of the consequences and costs of natural hazards and the benefits of development. 

Considering what level of risk is tolerable early can help reduce the costs and unacceptable impacts from natural hazards.

How does tolerable risk work with existing natural hazard frameworks? 

Consideration of tolerable risk in land use planning will not replace existing natural hazard frameworks. Instead, it helps build a better understanding of a proposal’s overall risk profile and ensures development occurs in areas and ways where natural hazard risk is tolerable.

Does every development decision need to apply climate scenarios and consider climate change impacts?

No. Streamlined development pathways, including exempt and complying development and development without consent, will have no additional considerations because of the proposed policy changes. It also won’t apply to minor DAs including single residential or alterations and additions. Climate risk and natural hazard exposure for these types of development are most effectively addressed at the strategic planning and planning proposal stage. 

For more significant development assessment, the proposed Climate Change Scenario Guidelines helps proponents and consent authorities choose the appropriate climate scenario to use when preparing relevant existing hazard studies and supporting documentation.  

Are there additional reporting requirements for climate scenarios in DAs?

No. There is no additional reporting requirement relating to considering future climate other than through the consideration of existing natural hazards and applicable environmental planning instruments. The proposed Climate Change Scenario Guidelines helps proponents and consent authorities choose the appropriate climate scenario to use when preparing relevant hazard studies and supporting documentation

Appendix 2 of the Guidelines explains how climate change is considered under existing natural hazard frameworks.

When will climate change considerations come into effect for development decisions?

Changes will take effect when the proposed Climate Change and Natural Hazards State Environmental Planning Policy is made. However, the application of Climate Change Scenario Guidelines will only apply within existing natural hazard frameworks through the hazard mapping and studies required to support a development decision. 

Will councils or proponents need to prepare new hazard mapping if they have not considered climate scenarios?

The proposed policy requirements will not require councils to prepare new hazard mapping or studies. The Climate Change Scenario Guidelines will help councils identify the appropriate scenarios to use for planning decisions from within their existing hazard studies and mapping (where these already address climate scenarios). It will also support councils in selecting the appropriate climate scenarios to use when preparing any future council hazard studies and mapping.

Where proponents are undertaking projects that require site specific hazard assessment, environmental impact statements, or site scoping reports, the expectation is that this reporting would apply the relevant climate scenarios.

What data is available to consider climate change? 

NARCliM 2.0 provides a comprehensive set of climate projections including changes in temperature, number of hot days, number of cold nights, average rainfall, and severe fire weather days. The Australian Rainfall and Runoff 4th edition provides guidance, data, and software for consistent modelling of flood characteristics nationwide. References in the Climate Change Scenario Guidelines provide more details on the type of data and how it should be used to consider climate change within a hazard framework.

Why are planning decisions primarily applying only one climate change scenario?

Considering multiple climate change scenarios can be impractical when making land use planning and development decisions which usually require a fixed future state in which to consider the impact for development and rely on specific requirements for a proposed development, rather than a range of possible options. Sensitivity testing additional climate change scenarios may be appropriate for significant planning decisions with greater exposure to hazards and greater sensitivity to impacts of climate risk, such as sensitive land uses or critical infrastructure.

What is the difference between physical and transition risk and the scenarios used to explore these? 

The Climate Change Scenario Guidelines only relate to physical risk. 

Physical risk relates to the direct impacts of climate change, such as flooding and sea level rise. Transition risk arises from the regulatory shifts, market changes and technological disruption linked to the move toward a net zero economy. 

Physical risks are relevant to adaptation planning and are typically explored through higher-emissions pathways to simulate climate outcomes. Transition risks tend to be relevant to emissions mitigation planning and are assessed using low-emissions or net-zero pathways, reflecting policy objectives and economic transformation. 

Why are new provisions for urban heat being introduced alongside frameworks for other natural hazards?

Land use planning decisions can play a key role in either reducing or exacerbating urban heat impacts. Heatwaves and urban heat are projected to become more acute under climate change. The proposed new provisions will support early consideration of measures that can bring cooling benefits to communities. 

Why is an Urban Heat and Land Use Planning Policy needed?

Communities already face chronic stresses associated with the ongoing increase in average temperatures as well as acute shocks during heatwave events, with temperatures projected to increase under climate change. The policy aims to ensure that urban heat is a consideration for development, so that place-based, proportionate responses can contribute to cooling the local environment, supporting increased community and landscape resilience.

Where will the urban heat provisions in the proposed Ministerial Direction and Climate Change and Natural Hazards SEPP apply?

The new urban heat provisions are proposed to apply to planning proposals and development located in urban land use zones across NSW. These are proposed to include residential, employment, mixed use, special purpose and recreational land use zones. After the exhibition of the EIE, we’ll also consider how new provisions can be adaptable and place-based to ensure they are proportionate to the level of heat risk as well as type and scale of the proposal. 

When will urban heat provisions be introduced in the policy?

Feedback received on the EIE will inform the development of urban heat provisions in the policy, including where provisions should apply and to what type of development. Feedback received will also inform whether provisions will be introduced at the same time as the policy comes into effect or with deferred commencement. We will also consider what role heat risk assessments and/or hazard mapping may play in SEPP provisions. 

How will the proposed urban heat provisions in the policy affect councils with existing urban heat provisions in their LEPs and DCPs?

The urban heat provisions in the policy aim to support the effect of existing urban provisions in council LEPs and DCPs. Affected councils will be consulted early to ensure any potential inconsistencies with existing provisions are addressed before the urban heat provisions in the policy come into effect.

How will the proposed urban heat provisions interact with the other Natural Hazard and Climate Change approaches suggested in the policy?

This policy aims to encourage flexible, place-based responses to heat impacts. In areas that face risks from other natural hazards, including bushfire and flood, the planning and design measures adopted will need to balance the management of these risks to a tolerable standard of each.

This may encourage more creative solutions to mitigating these risks, such as alternative planting strategies, the use of cooler materials or focused planting in flood fringe areas to protect flood ways for major events.

Will changes to other planning instruments be made to further build resilience to urban heat?

We recognise that changes to planning instruments may be needed to support new provisions for urban heat in a Ministerial Direction and the policy. Feedback on other opportunities in the planning system to build resilience to urban heat will inform future changes to other planning instruments and other relevant planning system responses.

Why consider bushfire in the Exhibition of Intended Effect (EIE)?

Considering bushfire risk in the EIE will ensure that it’s considered as part of strategic land use planning for larger areas, not just individual sites. This will help reduce administrative burden, including processing times for planning authorities in subsequent planning stages.

Does the EIE change development assessment processes?

No. The EIE makes no change to how development assessment processes are administered. 

Developments on bushfire prone land must continue to meet current bushfire standards and guidelines.

How does EIE relate to the Bushfire Prone Land Package? 

The Bushfire Prone Land Package was developed in response to Recommendation 27 of the NSW Bushfire Inquiry. It encourages a greater consideration of bushfire risk in strategic planning. The package reflects the current statutory system, and the package components will be updated as planning reforms and this SEPP is made.

How will the draft Climate Change and Natural Hazards SEPP consider bushfire risk?

The NSW Government is ensuring that bushfire risk is considered in strategic land use planning for larger areas, not just individual sites. This will help reduce administrative burden, including processing times for planning authorities.

The proposed policy will include provisions that require consent authorities to consider bushfire risk in a landscape context. They’ll need to identify and consider the cumulative impacts of bushfire risk for existing and future communities. This includes applying bushfire prone land maps and the guidance in Planning for Bush Fire Protection with provisions for Urban Release Areas. These measures will ensure that areas identified for population growth and development are planned and designed to minimise the risk of bushfires to life and property.

Will the changes impact on the safety of residents in bushfire prone areas?

The EIE will help improve bushfire safety and resilience to bushfires for communities. This will be achieved through better upfront planning that considers future impacts of bushfires, helping to reduce or avoid damage to property and the environment.

How will the changes benefit property owners and industry?

The changes will benefit property owners and industry by strengthening early considerations of bushfire risk management in strategic planning decisions such as rezonings. This ensures that bushfire risk is addressed before the building design stage. As a result, bushfire risk to property is considered in the design and development of new urban areas, potentially reducing building costs and property damage. 

How can I find out if my land is bushfire prone?

To find out if your land is prone to bushfires, you can either:

• Check the Department’s Planning Portal Spatial Viewer; or
• Check NSW Rural Fire Service‘s (RFS) bushfire prone land online mapping tool:

Both spatial viewers are searchable by suburb and property. To further understand the bushfire risk to your property:

• Seek advice from the NSW RFS about building in a bushfire prone area. Please visit the NSW RFS website or speak to an RFS officer on 1300 NSW RFS.
• Contact your local council to discuss bushfire safety and building in bushfire prone areas.

Why are coastal hazard and coastal environment sections of the Resilience & Hazards SEPP (R&H SEPP) being separated? 

The intent and purpose of the Climate Change and Natural Hazards SEPP is to consolidate provisions for all natural hazards into a single framework. The Coastal Vulnerability Area and Coastal Use Area provisions of the R&H SEPP align with this intent; however, the Coastal Wetland and Littoral Rainforests Area and Coastal Environment Area provisions are environmental protection and management initiatives consistent with the intent of the Biodiversity and Conservation SEPP.

How will previous feedback on Chapter 2 Coastal Management of the Resilience and Hazards SEPP be incorporated into the proposed policy? 

Feedback received by the Department, including during the recent East Coast Low storms, highlighted some uncertainty around the definition and planning pathways for coastal protection works and assessment considerations. The EIE aims to clarify definitions and planning pathways based on previous and new feedback received during consultation. 

Will the proposed policy include a Coastal Vulnerability Area map?

Coastal Vulnerability Area mapping from the Resilience and Hazards SEPP will be relocated to the proposed SEPP and the Department is seeking feedback on how to effectively expand mapping of coastal hazards.

What will happen to coastal hazard related Local Environmental Plan clauses?

The Department will continue to consult with councils on the integration of coastal hazard assessment criteria into the the Climate Change and Natural Hazards SEPP, as well as the scope and purpose of supplementary local controls.

Will Ministerial Direction 4.2 Coastal Management be amended?

Yes, to reflect the realignment of coastal hazard and coastal environment provisions within the policy and Biodiversity and Conservation SEPPs respectively.

Will planning circulars PS21-033: Planning certificates: coastal hazards and PS 21-009: Planning for coastal hazards be updated?

Yes, to reflect the realignment of coastal hazard and coastal environment provisions within the policy and Biodiversity and Conservation SEPPs respectively.

How will the proposed changes affect councils preparing coastal hazard studies and Coastal Management Programs?

The proposed changes aim to support coastal councils by improving alignment between coastal hazard studies, coastal management programs, and coastal hazard planning controls. The process for preparing Coastal Management Programs will continue to be supported by consistent guidance on climate scenarios.

Why are clauses 5.21 and 5.22 proposed to be moved from Standard Instrument- Principal Local Environmental Plan 2006 (SI LEP) into the Climate Change and Natural Hazards SEPP?

Clauses 5.21 and 5.22 are proposed to be move from the SI LEP into the new Climate Change and Natural Hazards SEPP to consolidate natural hazard provisions and ensure a consistent and streamlined approach to assessing development on land affected by natural hazards/ flood. 

Will there be an opportunity to amend clauses 5.21 and 5.22 to include additional considerations?

It is proposed to update clauses 5.21 and 5.22 to support the consolidation of risk-based decision making and impacts related to co-incident flood and coastal hazard events and to incorporate the consideration of shelter-in-place and evacuation considerations.  

The EIE invites stakeholders to share additional considerations that may be needed. 

Why is clause 5.22 proposed to remain an optional clause in the policy?

Clause 5.22 is intended to remain as an optional clause to respond to feedback from key stakeholders and councils across NSW. Councils will have the opportunity to ‘opt in’ advising the Department if they would like the clause to apply in their local government area. 

Why are sensitive/hazardous uses being standardised?

Standardising the sensitive and hazardous uses that clause 5.22 applies to will ensure a streamlined and consistent approach to consideration of development on flood affected land.

How does the proposed policy affect the Flood Prone Land Package? 

The key components of the 2021 Flood Prone Land Package will be kept. The package will continue to guide councils, planning and consent authorities on how to consider flood in land use planning.  

Components of the package will be updated to reflect the policy and ensure a consistent and streamlined approach to assessing development of flood prone land. This includes updated and/or a new consolidated Ministerial Direction for climate change and natural hazards with a section related to flooding, moving flood related SI LEP clauses (5.21/5.22) into the policy and updates to planning circulars and guidance material (Considering flooding in land use planning guideline).

Why is clause 5.9 proposed to remain an optional clause in the new Climate Change and Natural Hazards SEPP?

Clause 5.9 is intended to remain as an optional clause to respond to feedback from key stakeholders and councils across NSW. Councils will have the opportunity to ‘opt in’ as part of their submission to the Climate Change and Natural Hazards SEPP EIE. 

Why is clause 5.9 proposed to be updated? 

Clause 5.9 is proposed to be updated to ensure rebuilding improves a legal dwellings resilience to future natural hazards. The proposed update responds to recommendation 21 of the NSW Independent Flood Inquiry 2022 to simplify planning disaster provisions. 

Why are we standardising the land use zones in clause 5.9?

Standardising the land use zones that SI LEP clause 5.9 applies will ensure a consistent approach to rebuilding and repair of legal dwellings on land affected by natural hazards.

Why is the SEPP (Resilience and Hazards) 2021 (R&H SEPP) being replaced? 

The proposed Climate Change and Natural Hazards SEPP will ensure a consistent and streamlined approach to assessing development on land affected by natural hazards. The proposed policy will incorporate some parts of the existing R&H SEPP. 

Other content contained in the R&H SEPP will move to alternate SEPPs including the SEPP (Industry and Employment) 2021 and SEPP (Planning Systems) 2021.

Will existing circulars, fact sheets, and other guidance be updated? 

Planning circulars and other guidance will be reviewed and updated to reflect the proposed policy’s new framework. Consideration will be given to consolidation as these are updated to create a consistent and streamlined framework.

Will existing Ministerial Directions be updated?

New or updated Ministerial Directions will be required to support the objectives of the proposed policy. It is proposed to prepare a consolidated Ministerial Direction relating to climate change and natural hazards with individual components for each hazard.