Why it matters

Protection of the Environment Policy – Sustainable Construction

As the biggest building state in the country, the NSW Government has a critical role to play in delivering infrastructure sustainability.

To support this goal, we're consulting on the first ever Protection of the Environment Policy (PEP) for NSW.

The Sustainable Construction PEP aims to promote decarbonisation of the infrastructure delivery sector and a circular economy in NSW.

The PEP will require NSW government agencies delivering public infrastructure to consider upfront carbon emissions throughout the project lifecycle and report information to the EPA to demonstrate those considerations, in line with the NSW Government Decarbonising Infrastructure Delivery Policy. It also requires agencies to preference the use of recycled materials in public infrastructure projects and report on recycled materials used.

The PEP is proposed to apply to major public infrastructure projects undertaken by, or on behalf of a NSW Government agency with a cost of

  • over $50 million for building sector projects
  • over $100 million for all other infrastructure types.

Read the Protection of the Environment Policy

The EPA is consulting with NSW Government agencies, industry and the broader community before finalising the PEP and reporting guidelines. The EPA will also issue further technical guidance and reporting templates ahead of the commencement of the PEP.

The EPA has prepared a PEP Impact Statement to inform public consultation. The Impact Statement sets out in detail the rationale for the proposed PEP and its estimated benefits and costs.

Your views are highly valued and will inform the finalisation of the PEP and Reporting Guidelines. Please read and then tell us what you think.

We want to get your feedback on proposals to:

  • Minimise the environmental impact of delivering public infrastructure in NSW

  • Adopt a consistent approach to reporting on upfront carbon emissions and recycled content materials associated with use in the delivery of public infrastructure projects

  • Support NSW in its transition to a circular economy and net zero by 2050

Ways to have your say

Our public consultation is now open until 5pm Wednesday 2 April 2025.

Key stakeholders, members of the public and government agencies can provide feedback by:

  • Providing written feedback by emailing: sustainableconstructionpep@epa.nsw.gov.au
  • Use the Sustainable Construction PEP Questions Guide (.pdf) to support you in providing feedback (available under 'Submission Guide' on this page).

Your privacy

Please note, your feedback on the Sustainable Construction Draft PEP may include ‘personal information,' including your name, address, email, internet protocol address and any other personal information contained in your feedback.

The NSW Environment Protection Authority (the EPA) must comply with the Privacy and Personal Information Protection Act 1998. Visit the EPA’s privacy page and the Privacy Policy for further information on its online consultation platform.

The EPA may publish all or part of your feedback on its website, on its online consultation platform or in a consultation report. In providing us with your feedback, you consent to the EPA publishing all or part of your submission. If you would like all or part of your feedback to be withheld from publication, please let us know when making your feedback.

If you send us an email, we will record your email for the purpose of responding to you.

All information held by the EPA is subject to the Government Information (Public Access) Act 2009.