The current 2026 guidelines for Division 5.1 assessments, often called the REF guidelines, were published by the Department of Planning, Housing and Infrastructure in May 2026. They set out the environmental factors a Review of Environmental Factors (REF) must consider, now including the factors for NSW Health and school projects, and confirm that grouped and multi-site activities can be assessed together.
If your project involves works by or for a public authority, such as a road, a utility connection, or a school, it may need an REF rather than a development application. Our Review of Environmental Factors service prepares these assessments for proponents and determining authorities.
What are the Division 5.1 guidelines?
Division 5.1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) covers activities that do not need development consent but must still be assessed for their environmental impact. Common examples are infrastructure works carried out by public authorities, and works that rely on a State Environmental Planning Policy for their approval pathway.
The guidelines are made by the Planning Secretary under section 170 of the Environmental Planning and Assessment Regulation 2021. Section 171 requires the determining authority to take into account the environmental factors set out in the guidelines. Section 171A adds matters for activities in a regulated catchment.
What is in the 2026 REF guidelines?
The Planning Portal and the DPHI website both link to the current edition, labelled May 2026. DPHI also published a March 2026 version earlier in the year. We refer to the May 2026 document as the current 2026 guidelines.
Environmental factors
The guidelines list the environmental factors an REF must address, labelled (a) to (r). They range from impacts on the community, ecosystems, and threatened species, to heritage, water, air, noise, and cumulative effects. An REF must address each factor that is relevant to the activity. The guidelines also note that the determining authority may take these matters into account in a manner proportionate to the nature and risk of the activity.
Health and school projects
In October 2024, DPHI issued a separate addendum setting out extra factors for health services facilities and schools. The 2026 guidelines now bring those factors in as Attachment A. NSW Health and the Department of Education must take them into account.
Grouped and multi-site activities
The guidelines confirm that group or multi-site activities can be assessed collectively. A water utility replacing stop valves across a network is the example given. This can reduce duplication where the same type of work is repeated at many locations.
Who determines an REF?
An REF is determined by a determining authority. This is a Minister or a public authority. A determining authority can be the proponent of its own activity, or it can approve an activity proposed by someone else. A private developer can be a proponent, but cannot determine its own REF.
Under section 5.5 of the EP&A Act, the determining authority must examine and take into account, to the fullest extent possible, all matters affecting or likely to affect the environment because of the activity. If the activity is likely to significantly affect the environment or threatened species, further assessment is needed.
Do utility works for a subdivision need their own REF?
A subdivision consent covers the works described in the development application. External works that connect the subdivision to water or sewer networks, such as lead-in mains, are sometimes outside that consent. Where these works are delivered under Division 5.1, the utility acts as the determining authority and an REF is needed for them. A developer can prepare the REF, and the utility assesses and determines it.
Utilities also use other pathways, including integrating the works into the development application. Ask the utility early which pathway applies, because a separate REF can affect your program.
When does an REF have to be published?
Since 1 July 2022, section 171(4) of the Regulation has required certain REFs to be published on the determining authority’s website or the NSW Planning Portal. This includes activities with an estimated development cost of more than $5 million, and activities that need certain other approvals.
The REF must be published before the activity commences. If that is not practicable, it must be published as soon as practicable, and no later than one month after the activity commences.
What this means for your project
Confirm the approval pathway early. Whether a work needs an REF, a development application, or both affects who determines it, what assessment is needed, and how long it takes.
Prepare REFs against the current 2026 guidelines, and address each relevant factor. For health and school projects, include the Attachment A factors.
Where the activity affects native vegetation or threatened species, the REF will need ecological input, and in some cases a full biodiversity assessment. Allow for this when planning survey timing.
Frequently asked questions
Who determines an REF?
A determining authority, which is a Minister or a public authority. It may be the proponent of its own activity, such as a council or a utility carrying out its own works, or it may approve an activity proposed by another party. A private developer can propose an activity and prepare the REF, but cannot determine it.
Does my subdivision approval cover the sewer connection?
Not always. The subdivision consent covers the works described in the development application. External lead-in works to the water or sewer network may be delivered under Division 5.1, in which case the utility determines them and an REF is needed. Utilities also use other pathways, so confirm with the utility early.
When does an REF have to be published?
An REF must be published if the activity has an estimated development cost of more than $5 million, needs certain other approvals, or where publication is in the public interest. It must be published before the activity commences, or if that is not practicable, no later than one month after it commences.
Sources
- NSW Planning Portal, Part 5 (Division 5.1) assessment
- Guidelines for Division 5.1 assessments (May 2026)
- Environmental Planning and Assessment Regulation 2021, section 170
- Environmental Planning and Assessment Regulation 2021, section 171
Related projects: water infrastructure REF at Austral and Grose River Bridge.
Related updates: What changed in the Biodiversity Offsets Scheme on 7 March 2025.
Tell us about your site, project, or research programme, what you are looking to achieve, and the current stage of your project. Request a proposal
