State Environmental Planning Policy (Infrastructure) 2007 (NSW)
Water Industry Competition Amendment (Review) Act 2014 No 57 (not commenced)
Water Industry Competition Amendment Act 2021 No 26 (not commenced)
Nothing in this Policy (except clause 9) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 3. Examples of Acts imposing such requirements include the Fisheries Management Act 1994, Forestry Act 2012, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000.
This Policy is State Environmental Planning Policy (Infrastructure) 2007.
The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by—
(a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and
(b) providing greater flexibility in the location of infrastructure and service facilities, and
(c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and
(d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and
(e) identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and
(f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(g) providing opportunities for infrastructure to demonstrate good design outcomes.
This Policy commences on 1 January 2008.
Except as otherwise provided by this Policy, this Policy applies to the State.
A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.
In this Policy—
(a) car parks intended for use by commuters,
(b) public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),
(c) bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),
(d) bus layovers.
Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.
(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and
(b) when used in any other context, means development consent.
As a result of paragraph (a) of the definition of
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
(b) accident, equipment failure or structural collapse, or
(c) damage caused by vandalism, arson or a pollution incident,
provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.
(a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and
(b) environmental protection works.
(a) AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,
(b) AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,
(c) AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2: Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,
(d) AS/NZS 1158.2:2005, Lighting for roads and public spaces, Part 2: Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,
(e) AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,
(f) AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,
(g) AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,
(h) AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.
(a) a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or
(b) an item of local heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.
(a) has the same meaning as it has in the Act, and
(b) in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).
(a) Crown land within the meaning of the Crown Land Management Act 2016, or
(b) any other land of the Crown or vested in a Minister on behalf of the Crown, or
(c) land owned by a public authority other than a council.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
If this Policy provides that development for a particular purpose that may be carried out without consent includes
(a) accessways,
(b) temporary construction yards,
(c) temporary lay-down areas for materials or equipment,
(d) temporary structures,
(e) investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),
(f) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping,
(g) demolition,
(h) relocation or removal of infrastructure,
(i) extraction of extractive materials at the construction site solely for the purpose of the construction.
If this Policy provides that development for a particular purpose that may be carried out without consent includes
(a) routine repairs to or replacement of equipment or assets,
(b) temporary construction yards,
(c) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping.
Notes included in this Policy are provided for guidance and do not form part of this Policy.
A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 3.20(2) of the Act—
(a) that the Secretary has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or
(b) if no such determination has been made in respect of the particular zone, that is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.
An assessment made by a relevant authority under subclause (1)(b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.
Despite subclause (1), in relation to land—
(a) to which an environmental planning instrument that is not made as provided by section 3.20(2) of the Act applies, and
(b) to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,
a reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in a land use zone that is equivalent to such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.
In subclause (2A),
In this clause,
(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
(b) if the development is to be carried out by or on behalf of a person other than a public authority, the Secretary.
Land use zones that are named in this Policy are those set out in the standard instrument.
A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Policy, and despite any other provision of this Policy, development that is subject to a precondition that must be satisfied before it may be carried out without development consent is not development that may be carried out without development consent under this Policy until the precondition is satisfied.
This clause is subject to section 3.28(4) of the Act.
Except as provided by subclause (2), if there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
Subclause (1) does not prevent a local environmental plan from making provision about development of a kind specified in Part 3 in a particular zone if the provisions of this Policy dealing with development of that kind do not apply in that zone.
Except as provided by subclauses (3) and (4), if there is an inconsistency between a provision of this Policy and any of the following provisions of another environmental planning instrument, the provision of the other instrument prevails to the extent of the inconsistency—
(a) clauses 10, 11 and 19 of State Environmental Planning Policy (Coastal Management) 2018,
(b) all of the provisions of State Environmental Planning Policy (State Significant Precincts) 2005.
Clause 48B of this Policy prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency.
A provision of this Policy that permits development for the purpose of emergency works or routine maintenance works to be carried out without consent, or that provides that development for that purpose is exempt development, prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency, but only if any adverse effect on the land concerned is restricted to the minimum possible to allow the works to be carried out.
For the avoidance of doubt, development to which subclause (3) or (4) applies is not declared designated development for the purposes of the Act.
The Acts, regulations and provisions of Acts specified below in relation to particular development to which this Policy applies do not apply to that development to the extent necessary to enable the development to be carried out in accordance with this Policy or with a consent granted under the Act—
(a) (Repealed)
(b) development to which clause 7(2) of State Environmental Planning Policy No 54—Northside Storage Tunnel applied immediately before its repeal—so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the continued operation of the Northside Storage Tunnel (as defined by clause 105),
(c) development to which clause 9(1) of State Environmental Planning Policy No 63—Major Transport Projects applied immediately before its repeal—section 68 of the Local Government Act 1993 and sections 86, 87 and 91(b) of the Public Works Act 1912,
(d) development to which clause 8(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—Part 4 and Divisions 8 and 9 of Part 6 of the Heritage Act 1977,
(e) development to which clause 9(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—
(i) the Fisheries Management Act 1994 and the regulations made under that Act, and
(ii) section 68 of the Local Government Act 1993, and
(iii) so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the laying, maintenance or use of seawater inlet and outlet pipelines and tunnelling under Botany Bay National Park, or to a sewer line, for a desalination plant (including a pilot plant) on the Kurnell Peninsula.
This clause does not affect the rights or interests of any public authority under any registered instrument.
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, before the making of this Policy, the Governor approved the making of this clause with the concurrence in writing of the Ministers administering the Acts referred to in subclause (1).
(Repealed)
This Policy does not apply to or in respect of—
(a) the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy, or
(b) the determination of a project application made under Part 3A of the Act, but not finally determined before the commencement of this Policy, or
(c) the carrying out of an activity for which an approval was granted under Part 5 of the Act before the commencement of this Policy, if the carrying out of the activity under that approval begins within 2 years after that commencement, or
(d) the determination of an application for an approval for an activity made under Part 5 of the Act within 2 years before the commencement of this Policy but not finally determined before that commencement, or
(e) the carrying out of an activity for which an approval was granted in response to an application referred to in paragraph (d) if the carrying out of the activity under that approval begins within 2 years after the grant of the approval, or
(f) the carrying out of an activity for which the proponent is also the determining authority and in relation to which an environmental assessment under Part 5 of the Act has been completed if the carrying out of the activity is commenced within 2 years after the completion of the assessment.
Division 3 of Part 3, as inserted by State Environmental Planning Policy Amendment (Data Storage) 2019, applies to the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of that Policy.
In this clause—
(a) an application for approval of a concept plan, or
(b) an application for approval to carry out a project (or a part or aspect of a project), or
(c) an application for approval of a concept plan and to carry out a project (or a part or aspect of a project).
The Minister must ensure that the provisions of this Policy are reviewed—
(a) as soon as practicable after the first anniversary of the commencement of this Policy, and
(b) at least every 5 years after that commencement.
This clause applies to development carried out by or on behalf of a public authority that this Policy provides may be carried out without consent if, in the opinion of the public authority, the development—
(a) will have a substantial impact on stormwater management services provided by a council, or
(b) is likely to generate traffic to an extent that will strain the capacity of the road system in a local government area, or
(c) involves connection to, and a substantial impact on the capacity of, any part of a sewerage system owned by a council, or
(d) involves connection to, and use of a substantial volume of water from, any part of a water supply system owned by a council, or
(e) involves the installation of a temporary structure on, or the enclosing of, a public place that is under a council’s management or control that is likely to cause a disruption to pedestrian or vehicular traffic that is not minor or inconsequential, or
(f) involves excavation that is not minor or inconsequential of the surface of, or a footpath adjacent to, a road for which a council is the roads authority under the Roads Act 1993 (if the public authority that is carrying out the development, or on whose behalf it is being carried out, is not responsible for the maintenance of the road or footpath).
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the council for the area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
This clause applies to development carried out by or on behalf of a public authority if the development—
(a) is likely to affect the heritage significance of a local heritage item, or of a heritage conservation area, that is not also a State heritage item, in a way that is more than minor or inconsequential, and
(b) is development that this Policy provides may be carried out without consent.
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies unless the authority or the person has—
(a) had an assessment of the impact prepared, and
(b) given written notice of the intention to carry out the development, with a copy of the assessment and a scope of works, to the council for the area in which the heritage item or heritage conservation area (or the relevant part of such an area) is located, and
(c) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
In this clause,
A public authority, or a person acting on behalf of a public authority, must not carry out, on flood liable land, development that this Policy provides may be carried out without consent and that will change flood patterns other than to a minor extent unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the council for the area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
A public authority, or a person acting on behalf of a public authority, must not carry out development on flood liable land that may be carried out without development consent under a relevant provision unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the State Emergency Service, and
(b) taken into consideration any response to the notice that is received from the State Emergency Service within 21 days after the notice is given.
Any of the following provisions in Part 3 is a
(a) Division 1 (Air transport facilities),
(b) Division 2 (Correctional centres and correctional complexes),
(c) Division 6 (Emergency services facilities and bush fire hazard reduction),
(d) Division 10 (Health services facilities),
(e) Division 14 (Public administration buildings and buildings of the Crown),
(f) Division 15 (Railways),
(g) Division 16 (Research and monitoring stations),
(h) Division 17 (Roads and traffic),
(i) Division 20 (Stormwater management systems).
This clause does not apply in relation to the carrying out of minor alterations or additions to, or the demolition of, a building, emergency works or routine maintenance.
In this clause,
This clause applies to development on land that is within a coastal vulnerability area and is inconsistent with a certified coastal management program that applies to that land.
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this clause applies, which this Policy provides may be carried out without development consent, unless the authority or person has—
(a) given written notice of the intention to carry out the development to the council for the local government area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
In this clause—
A public authority, or a person acting on behalf of a public authority, must not carry out specified development that this Policy provides may be carried out without consent unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the specified authority in relation to the development, and
(b) taken into consideration any response to the notice that is received from that authority within 21 days after the notice is given.
For the purposes of subclause (1), the following development is
(a) development adjacent to land reserved under the National Parks and Wildlife Act 1974 or to land acquired under Part 11 of that Act—the Office of Environment and Heritage,
(b) development on land in Zone E1 National Parks and Nature Reserves or in a land use zone that is equivalent to that zone, other than land reserved under the National Parks and Wildlife Act 1974—the Office of Environment and Heritage,
(c), (d) (Repealed)
(e) development comprising a fixed or floating structure in or over navigable waters—Transport for NSW,
(f) (Repealed)
(g) development that may increase the amount of artificial light in the night sky and that is on land within the dark sky region as identified on the dark sky region map—the Director of the Observatory,
Note— The dark sky region is land within 200 kilometres of the Siding Spring Observatory.
(h) development on defence communications facility buffer land within the meaning of clause 5.15 of the Standard Instrument—the Secretary of the Commonwealth Department of Defence,
Note— Defence communications facility buffer land is located around the defence communications facility near Morundah. See the Defence Communications Facility Buffer Map referred to in clause 5.15 of Lockhart Local Environmental Plan 2012, Narrandera Local Environmental Plan 2013 and Urana Local Environmental Plan 2011.
(i) development on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961—the Mine Subsidence Board.
In this clause—
Clause 18A(2) of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 requires public authorities (or persons acting on their behalf) to consult with the Department of Planning and Environment before carrying out any development comprising the clearing of native vegetation on certain land within a growth centre (within the meaning of that Policy). The land concerned is land other than the subject land (within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995). The subject land is generally land to which precinct plans apply under that Policy.
This clause applies to development for the following purposes that this Policy provides may be carried out without development consent—
(a) health services facilities,
(b) correctional centres,
(c) residential accommodation.
A public authority, or a person acting on behalf of a public authority, must consider Planning for Bush Fire Protection before carrying out the development in an area that is bush fire prone land.
In this clause—
Clauses 13–16 do not apply with respect to development to the extent that—
(a) they would require notice of the intention to carry out the development to be given to a council or public authority from whom an approval is required in order for the development to be carried out lawfully, or
(b) they would require notice to be given to a council or public authority with whom the public authority that is carrying out the development, or on whose behalf it is being carried out, has an agreed consultation protocol that applies to the development, or
(c) they would require notice to be given to a council or public authority that is carrying out the development or on whose behalf it is being carried out, or
(d) the development is exempt development or complying development under any environmental planning instrument (including this Policy), or
(e) the development comprises emergency works, or
(f) the development is carried out in accordance with a code of practice approved by the Minister for the purposes of this clause and published in the Gazette.
In this clause—
(a) is about when and how the parties to the arrangement will consult one another about proposed development, and
(b) is recorded in writing, and
(c) is approved in writing on behalf of any public authority that is a party to the arrangement by a person who is authorised to do so.
Consent for development under this Division may be granted only if the development is the subject of a certificate of the Secretary certifying that the development is compatible with surrounding land uses. The provisions of this Division extend to the classes of development specified in clauses 57(2) and 62(1).
In this clause,
(a) not subject to a standard local environmental plan made as provided by section 3.20(2) of the Act, and
(b) not zoned for conservation purposes under an environmental planning instrument, and
(c) not a forestry area within the meaning of the Forestry Act 2012, and
(d) not reserved under the National Parks and Wildlife Act 1974, and
(e) not reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.
Development on land for a purpose that is permitted without consent by the zoning of that land may be carried out without consent on adjacent land that is prescribed State land despite any local environmental plan applying to that adjacent land.
This subclause and subclause (3) apply whether or not the land to which the relevant zoning applies and the adjacent State land (or former State land) are subject to the same environmental planning instruments.
Development on land for a purpose that is permitted with consent by the zoning of that land may be carried out with consent on adjacent land, despite any local environmental plan applying to that adjacent land, if—
(a) there is a valid site compatibility certificate applying to the development, and
(b) the adjacent land was prescribed State land when the Secretary issued the certificate.
However, subclause (3) does not apply in relation to the development if the adjacent land concerned is no longer prescribed State land because it is—
(a) a forestry area within the meaning of the Forestry Act 2012, or
(b) reserved under the National Parks and Wildlife Act 1974, or
(c) reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.
This clause does not—
(a) prevent a consent authority from—
(i) granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(ii) refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(b) otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this clause applies.
(Repealed)
Land is adjacent to other land for the purpose of this clause even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.
In this clause, a reference to land
(a) RE1 Public Recreation,
(b) E1 National Parks and Nature Reserves,
(c) E2 Environmental Conservation,
(d) W1 Natural Waterways.
An application for a site compatibility certificate for the purpose of clause 18, 57(3) or 63C(2)(a) may be made to the Secretary—
(a) by the owner of the land on which the development is proposed to be carried out, or
(b) by any other person with the consent of the owner of that land.
An application under this clause—
(a) must be in writing in the form approved by the Secretary, and
(b) must be accompanied by such documents and information as the Secretary may require, and
(c) must be accompanied by such fee, if any, as is prescribed by the regulations.
The Secretary may request further documents and information to be furnished in connection with an application under this clause.
Within 7 days after the application is made, the Secretary must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Secretary refuses, before those 7 days have elapsed, to issue a certificate.
Subject to subclause (6), the Secretary may determine the application by issuing a certificate or refusing to do so.
The Secretary must not issue a certificate unless the Secretary—
(a) has taken into account any comments received from the council within 21 days after the application for the certificate was made, and
(b) is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters—
(i) the existing uses and approved uses of land in the vicinity of the development,
(ii) the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Secretary, are likely to be the preferred future uses of that land,
(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c) is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.
A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.
A certificate is valid for 5 years or such other period specified in the certificate.
Section 4.1 of the Act contains requirements applying to exempt development.
In addition to the requirements set out in this Policy in relation to exempt development, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to the kind of exempt development concerned may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
This clause applies to any development that this Policy provides is exempt development.
Clause 20A and other provisions of this Policy identify kinds of development that are exempt development if they meet the requirements of this clause.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building—
(i) cause the building to contravene the Building Code of Australia, or
(ii) compromise the fire safety of the building or affect access to any fire exit, and
(c) must be carried out in accordance with all relevant requirements of the Blue Book, and
(d) must not be designated development, and
Note— Designated development is defined in section 4.10 of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations.
(e) if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the heritage significance of the item or area, and
(e1) must not involve the demolition of a building or work that is, or is part of, a State or local heritage item, and
(e2) if it involves the demolition of a building, must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, and
(f) must be installed in accordance with the manufacturer’s specifications, if applicable, and
(g) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and
Note— A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
(h) must not involve the removal of asbestos, unless that removal is undertaken in accordance with Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority.
Development for a purpose specified in Schedule 1 is exempt development if—
(a) it is carried out by or on behalf of a public authority, and
(b) it meets the development standards for the development specified in Schedule 1, and
(c) it complies with clause 20.
This clause does not apply to development carried out by public authorities in connection with an existing educational establishment.
State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 provides for exempt development carried out by public authorities in connection with an existing educational establishment.
Any other provision of this Policy prevails over Schedule 1 to this Policy to the extent of any inconsistency.
Clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains requirements that must be met for development to be complying development.
This clause applies to any development that this Policy provides is complying development.
To be complying development, the development must—
(a) not be exempt development under this Policy, and
(b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and
Note— Accordingly, development that is permitted to be carried out without consent is not complying development.
(c) meet the relevant provisions of the Building Code of Australia, and
(c1) must be carried out in accordance with the relevant provisions of the Blue Book, and
(d) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993—
(i) for each opening of a public road required by the development, and
(ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and
(e) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, and
Note— Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(2) of the Act.
(f) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and
Note— A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
(g) not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and
(h) not involve the removal of asbestos, unless that removal is undertaken in accordance with Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority.
The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
A complying development certificate for complying development under this Policy is subject to the conditions specified in this clause.
The regulations made under the Act contain additional conditions of a complying development certificate.
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works—
(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or
(b) could cause damage to adjoining lands by falling objects, or
(c) involve the enclosure of a public place or part of a public place.
See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
Each toilet must—
(a) be a standard flushing toilet connected to a public sewer, or
(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or
(c) be a temporary chemical closet approved under the Local Government Act 1993.
A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
If works involve the demolition of a building, demolition must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.
Erosion and sediment controls must be effectively maintained until the site has been stabilised and landscaped.
If any object (other than an Aboriginal object) having interest due to its age or association with the past is discovered during the course of the work—
(a) all work must stop immediately, and
(b) the Office of Environment and Heritage must be advised of the discovery.
Depending on the nature and significance of the object, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before the work can continue.
If any Aboriginal object (including any evidence of habitation or remains) is discovered during the course of the work—
(a) all work must stop immediately, and
(b) the Chief Executive of the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.
If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.
Dirt, sand and other materials relating to the construction or other work comprised in the development and loaded on to any vehicles entering or leaving the site must be covered.
All vehicles, before leaving the site, must be cleaned of dirt, sand or other materials that have adhered during that construction or other work and could be tracked onto public roads.
Building, or demolition, materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
Demolition materials and waste materials must be sorted, and must be disposed of at a waste or resource management facility.
The work site must be left clear of waste and debris at the completion of the works.
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.
If—
(a) the development involves the erection or change of use of a building within a water supply authority’s area of operations, and
(b) the water supply authority requires a certificate of compliance to be obtained with respect to the erection or change of use of the building,
the building cannot be occupied before such a certificate has been obtained.
In this clause—
(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
(Repealed)
Development for the purpose of an airport may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of those zones—
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) IN4 Working Waterfront,
(d) SP1 Special Activities,
(e) SP2 Infrastructure,
(f) W2 Recreational Waterways,
(g) W3 Working Waterways.
Development for the purpose of an air transport facility, being a heliport that is not part of an airport, may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of these zones—
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) RU4 Primary Production Small Lots,
(d) IN1 General Industrial,
(e) IN2 Light Industrial,
(f) IN3 Heavy Industrial,
(g) IN4 Working Waterfront,
(h) SP1 Special Activities,
(i) SP2 Infrastructure,
(j) W2 Recreational Waterways,
(k) W3 Working Waterways.
A reference in this clause to development for the purpose of an air transport facility includes a reference to development for any of the following purposes if the development is in connection with an air transport facility—
(a) construction works,
(b) fencing, drainage or vegetation management.
Development for any of the following purposes may be carried out with consent on land within the boundaries of an existing air transport facility if the development is ancillary to the air transport facility—
(a) passenger transport facilities,
(b) facilities for the receipt, forwarding or storage of freight,
(c) hangars for aircraft storage or maintenance,
(d) commercial premises,
(e) industries,
(f) recreation areas, recreation facilities (indoor) or recreation facilities (outdoor),
(g) residential accommodation,
(h) tourist and visitor accommodation.
In this Division—
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre declared under section 225A of that Act, and
(b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) RU2 Rural Landscape,
(b) RU4 Primary Production Small Lots,
(c) RU6 Transition,
(d) B4 Mixed Use,
(e) SP1 Special Activities,
(f) SP2 Infrastructure.
Development for the purpose of correctional centres may be carried out by or on behalf of a public authority with consent on land in a prescribed zone or within the boundaries of an existing correctional complex.
(Repealed)
A reference in this clause to development for the purpose of correctional centres includes a reference to development for any of the following purposes if the development is associated with a correctional centre—
(a) accommodation for staff,
(b) administration buildings,
(c) car parks for visitors and staff,
(d) educational establishments,
(e) group homes,
(f) health services facilities,
(g) industries,
(h) recreational facilities.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional centre—
(a) replacement of buildings,
(b) alterations of, or additions to, a correctional centre,
(c) demolition of buildings.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional complex—
(a) transitional group homes that each contain not more than 5 bedrooms and accommodate fewer residents than the number equal to the number calculated by multiplying the number of bedrooms in the home by 2,
(b) sporting facilities or additions to sporting facilities, if the development does not involve clearing of more than 2 hectares of native vegetation,
(c) demolition of buildings,
(d) replacement of accommodation, administration or other facilities in a correctional complex,
(e) alterations of, or additions to, a building within a correctional complex,
(f) construction or realignment of security fencing with a height of not more than 12 metres above ground level (existing),
(g) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, if any such facility does not exceed 1 storey and is setback at least 5 metres from any boundary with a residential zone and at least 1 metre from any other zone boundary.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land identified on the Correctional Centres Map—
(a) correctional centres, if the land is identified as “Centre” on the Correctional Centres Map,
(b) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, provided any such facility is erected within the boundaries of a correctional complex.
In this clause,
Development for any of the following purposes is exempt development if it complies with clause 20 and is carried out by or on behalf of a public authority within the boundaries of an existing correctional centre—
(a) demolition of buildings, if the footprint of the building covers an area no greater than 250 square metres,
(b) at grade car parks,
(c) outdoor recreational facilities, including playing fields and associated earthworks,
(d) environmental management works,
(e) landscaping, including landscape structures or features and irrigation systems (whether or not they use recycled water),
(f) emergency or maintenance works in relation to security fences.
Development carried out by or on behalf of a public authority on land within the boundaries of an existing correctional centre is complying development if—
(a) the development consists of the replacement of, construction of, or alterations or additions to accommodation, administration or other facilities, and
(b) the development complies with this clause and clause 20B (General requirements for complying development).
(c), (d) (Repealed)
The following are the development standards for complying development under this clause—
(a) Building height standard. The building height of a building must not exceed 12 metres.(b) Side and rear setback standard. A building must be located at least 5 metres from any side or rear boundary of the land.
Development for the purpose of storage premises used for the storage of data and related information technology hardware may be carried out by any person with consent on land in a prescribed zone.
In this clause—
(a) B5 Business Development,
(b) B6 Enterprise Corridor,
(c) B7 Business Park,
(d) IN1 General Industrial,
(e) IN2 Light Industrial,
(f) IN3 Heavy Industrial.
In this Division—
Development for the following purposes may be carried out by any person without development consent on relevant land—
(a) maintenance or reconstruction of a border fence,
(b) the laying of a clay surface alongside a border fence to stabilise it and any associated excavation.
Development for the purposes of the construction of an extended border fence may be carried out by or on behalf of a public authority without development consent on relevant land.
Development on relevant land in connection with a dog-proof fence for the following purposes is exempt development—
(a) emergency repairs,
(b) installation, maintenance or removal of gates, signage or wires.
Development is exempt development under this clause only if the development—
(a) complies with clause 20, and
(b) involves no greater disturbance to the ground or native vegetation than necessary, and
(c) does not disturb any ground or native vegetation that is more than 8 metres from the dog-proof fence.
(Repealed)
In this Division—
The term
(a) making or generating electricity, or
(b) electricity storage.
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential,
(f) Zone RU5 Village.
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots.
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) RU3 Forestry,
(d) RU4 Primary Production Small Lots,
(e) IN1 General Industrial,
(f) IN2 Light Industrial,
(g) IN3 Heavy Industrial,
(h) IN4 Working Waterfront,
(i) SP1 Special Activities,
(j) SP2 Infrastructure.
(a) a photovoltaic electricity generating system,
(b) a solar hot water system,
(c) a solar air heating system.
Development for the purpose of electricity generating works may be carried out by any person with consent on the following land—
(a) in the case of electricity generating works comprising a building or place used for the purpose of making or generating electricity using waves, tides or aquatic thermal as the relevant fuel source—on any land,
(b) in any other case—any land in a prescribed rural, industrial or special use zone.
Development for the purpose of a back-up electricity generating plant that operates for not more than 200 hours in any year may be carried out by any person with consent on any land.
Development for the purpose of the expansion of existing electricity generating works may be carried out by or on behalf of a public authority with consent on any land that is adjacent to the existing works.
Consent is not required to carry out any such development on land if the development could, but for subclause (2A), be carried out on that land without consent.
Development for the purpose of, or resulting in, a change of fuel source of an existing coal or gas fired generating works by a proportion of more than 5 per cent in any 12 month period may only be carried out with consent.
If, under any environmental planning instrument (including this Policy), development for the purpose of—
(a) industry, or
(b) a waste or resource management facility,
may be carried out on land with consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person with consent on that land.
Without limiting subclause (1), development for the purpose of a small wind turbine system may be carried out by any person with consent on any land.
However, subclause (5) only applies in relation to land in a prescribed residential zone if—
(a) the small wind turbine system has the capacity to generate no more than 10kW, and
(b) the height of any ground-mounted small wind turbine in the system from ground level (existing) to the topmost point of the wind turbine is no more than 18m.
Development for the purpose of a solar energy system may be carried out by any person with consent on any land.
(Repealed)
If, under any environmental planning instrument (including this Policy), development for the purpose of coal-fired or gas-fired electricity generating works may be carried out on land with consent, development for the purpose of industry may also be carried out by any person with consent on that land if the industry—
(a) is located close to the works, and
(b) provides opportunities for energy efficiency or co-generation in the operation of the works.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land—
(a) the generation or distribution of hydro-electric power using existing dam infrastructure,
(b) routine maintenance of, or emergency works relating to, electricity generating works,
(c) the installation of plant that—
(i) is on the site of, and required in connection with, existing electricity generating works, and
(ii) does not increase the existing electricity generating capacity of the works by more than 2 percent.
In subclause (1)(c),
If, under any environmental planning instrument (including this Policy), development for the purpose of sewage treatment plants may be carried out on land without consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person without consent on that land.
Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if it is ancillary to—
(a) an existing infrastructure facility, or
(b) an educational establishment within the meaning of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.
Development for the purpose of a small wind turbine system is complying development on any land if—
(a) the development complies with clause 20B, and
(b) the land is not in a heritage conservation area, and
(c) the system is installed no less than—
(i) 25 metres—in the case of a system that has a source sound power level of 0–70 dB(A), or
(ii) 40 metres—in the case of a system that has a source sound power level of 71–80 dB(A), or
(iii) 126 metres—in the case of a system that has a source sound power level of 81–90 dB(A), or
(iv) 200 metres—in the case of a system that has a source sound power level of more than 91 dB(A), or
(v) 200 metres—in the case of a system that has an unknown source sound power level,
from any dwelling that is not owned or occupied by the owner of the system, and
(d) the system is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(e) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(f) in the case of any ground-mounted small wind turbine in the system—the turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(g) in the case of land in a prescribed residential zone—
(i) the system has the capacity to generate no more than 10kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than one small wind turbine being situated on the lot concerned, and
(B) the small wind turbine has a height of not more than 18m above ground level (existing), and
(C) the small wind turbine is not installed forward of any existing building line on the lot concerned that faces a primary road, and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 3m above any building to which it is attached (as measured from the point of attachment), and
(C) each small wind turbine is not attached to a wall or roof facing a primary road, and
(h) in the case of land in a prescribed rural, industrial or special use zone—
(i) the system has the capacity to generate no more than 100kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than 3 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine has a height of not more than 35m above ground level (existing), and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment), and
(i) in the case of land in any land use zone other than a land use zone referred to in paragraph (g) or (h)—
(i) the system has the capacity to generate no more than 100kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine has a height of not more than 26m above ground level (existing), and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment).
Development for the purpose of a solar energy system is complying development on any land if—
(a) the development complies with clause 20B, and
(b) the land is not in a heritage conservation area, and
(c) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and
(d) in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and
(e) in the case of a system that is ground-mounted—
(i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m
2 , and(ii) the system has a height of not more than 10m above ground level (existing), and
(iii) the system is installed no less than 10m from any adjoining property boundary, and
(iv) if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and
(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and
(f) in the case of a system that is not ground-mounted—
(i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and
Note— The term
building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.(ii) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and
(iii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and
(iv) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—
(A) the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and
(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and
(v) the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.
For the purposes of subclause (1)(c), a
Development on any land for the purpose of electricity generating works that burn native forest bio-material (within the meaning of clause 57L of the Protection of the Environment Operations (General) Regulation 1998) is prohibited.
Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if—
(a) it complies with clause 20 (other than clause 20(2)(f)), and
(b) the system is ground-mounted, and
(c) each small wind turbine has a height of not more than 35m from ground level (existing), and
(d) each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and
(e) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(f) each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(g) each small wind turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(h) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind systems under the Clean Energy Council’s wind endorsement scheme, and
(i) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.
The installation of a wind monitoring tower used in connection with investigating or determining the feasibility of a small wind turbine system that has a generating capacity of no more than 1 MW is exempt development on any land if—
(a) it complies with clause 20 (other than clause 20(2)(f)), and
(b) the tower is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(c) the tower does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(d) the tower is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(e) if the land contains a State or local heritage item or is in a heritage conservation area—the tower is not visible from any road at the point where the road adjoins the property boundary concerned, and
(f) in the case of land in a prescribed residential zone—
(i) there is no other wind monitoring tower installed on the lot concerned, and
(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 18m, and
(iii) the tower is installed no less than 18m from any dwelling that is not owned or occupied by the owner of the tower, and
(g) in the case of land in a prescribed rural, industrial or special use zone—
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3 | An omnidirectional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone |
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4 | An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone |
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5 | New tower on land in Zone IN1, IN2, IN3, RU1, RU2, RU3 or RU4 or an equivalent land use zone |
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6 | Ancillary facilities to a telecommunications facility |
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(Repealed)
The amendments made to this Policy by the State
Environmental Planning Policy (Infrastructure) Amendment (Telecommunications)
2010 (the
(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of the amending Policy, or
(b) an activity under Part 5 of the Act that was commenced to be considered by the determining authority (not being the proponent of the activity) before the commencement of the amending Policy.
Despite subclause (1), the amendments made by Schedule 1[8], [9] and [11] to the amending Policy apply to development or an activity referred to in subclause (1)(a) or (b).
In this clause,
Except as provided by subclause (2), an amendment made to this Policy by the amending Policy does not apply to—
(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of the amendment, or
(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of the amendment.
The amendments made by Schedule 1[31] and [46] to the amending Policy extend to development or an activity referred to in subclause (2).
The amendments made to Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 by the amending Policy extend to applications for development consent lodged, but not determined, before the commencement of the amending Policy.
Clauses 18 and 57, as amended by State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011, apply to development applications for development to which those clauses apply that were made, but not determined, before the commencement of the amendments.
The amendments made to this Policy by State Environmental Planning Policy (Infrastructure) Amendment (Review) 2017 do not apply to—
(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of those amendments, or
(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of those amendments.
The amendments made to this Policy by State Environmental Planning Policy (Infrastructure) Amendment 2018 do not apply to—
(a) development for which an application for development consent was lodged, or the carrying out of development that was commenced, before the commencement of those amendments, or
(b) an activity under Part 5 of the Act that a determining authority commenced to consider before the commencement of those amendments.
State Environmental Planning Policy (Infrastructure) 2007 (641). GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3. This Policy has been amended by cl 10 (3) of this Policy and as follows—
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 2.53, assent, sec 2 (2). | |
(456) | State Environmental Planning Policy (Infrastructure) 2007 (Amendment No 1). GG No 132 of 17.10.2008, page 10004. Date of commencement, on gazettal. | |
(461) | State Environmental Planning Policy (Infrastructure) Amendment (Schools and TAFE Establishments) 2008. GG No 134 of 24.10.2008, page 10356. Date of commencement, on gazettal. | |
(572) | State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. GG No 157 of 12.12.2008, p 12142. Sch 1.3 was not commenced and was repealed by State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Amendment No 1) (2009-74). | |
(61) | State Environmental Planning Policy (Infrastructure) Amendment (Schools, Affordable Housing and Metro Rail) 2009. LW 20.2.2009. Date of commencement, on publication on LW. | |
(91) | State Environmental Planning Policy (Western Sydney Parklands) 2009. LW 6.3.2009. Date of commencement, on publication on LW. | |
(137) | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009. LW 24.4.2009. Date of commencement, on publication on LW. | |
(327) | State Environmental Planning Policy (Infrastructure) Amendment (Educational Establishments) 2009. LW 10.7.2009. Date of commencement, on publication on LW, cl 2. | |
(364) | State Environmental Planning Policy (Affordable Rental Housing) 2009. LW 31.7.2009. Date of commencement of Sch 3.6, on publication on LW, cl 2 (1). | |
(434) | State Environmental Planning Policy (Infrastructure) Amendment (Associated Public Transport Facilities) 2009. LW 28.8.2009. Date of commencement, on publication on LW, cl 2. | |
(536) | State Environmental Planning Policy (Infrastructure) Amendment (Riding for the Disabled Centre) 2009. LW 20.11.2009. Date of commencement, on publication on LW, cl 2. | |
(173) | State Environmental Planning Policy Amendment (Capital Investment Value) 2010. LW 7.5.2010. Date of commencement, on publication on LW, cl 2. | |
(215) | State Environmental Planning Policy (Mining and Infrastructure) Amendment 2010. LW 28.5.2010. Date of commencement, on publication on LW, cl 2. | |
(360) | State Environmental Planning Policy (Infrastructure) Amendment (Landfill) 2010. LW 9.7.2010. Date of commencement, on publication on LW, cl 2. | |
(375) | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010. LW 16.7.2010. Date of commencement, on publication on LW, cl 2. | |
(665) | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications) 2010. LW 3.12.2010. Date of commencement, on publication on LW, cl 2. | |
(754) | State Environmental Planning Policy (Infrastructure) Amendment (Miscellaneous) 2010. LW 17.12.2010. Date of commencement of Sch 1 [1]–[42] [46] and [50]–[56], on publication on LW, cl 2 (1); date of commencement of Sch 1 [43]–[45] and [47]–[49], 1.1.2011, cl 2 (2) and 2010 (713) LW 17.12.2010. | |
(83) | State Environmental Planning Policy Amendment (Zone B8 Metropolitan Centre) 2011. LW 23.2.2011. Date of commencement, on publication on LW, cl 2. | |
(116) | State Environmental Planning Policy Amendment (Site Compatibility Certificates) 2011. LW 2.3.2011. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.50, 8.7.2011, sec 2 (2). | |
(385) | State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011. LW 29.7.2011. Date of commencement, on publication on LW, cl 2. | |
(511) | State Environmental Planning Policy (State and Regional Development) 2011. LW 28.9.2011. Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011. | |
(43) | State Environmental Planning Policy (Infrastructure) Amendment (Educational Establishments) 2012. LW 17.2.2012. Date of commencement, on publication on LW, cl 2. | |
(189) | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Schofields Precinct) 2012. LW 11.5.2012. Date of commencement, on publication on LW, cl 2. | |
(538) | State Environmental Planning Policy (Western Sydney Parklands) Amendment 2012. LW 26.10.2012. Date of commencement, on publication on LW, cl 2. | |
(670) | State Environmental Planning Policy Amendment (Fire Sprinkler Systems) 2012. LW 21.12.2012. Date of commencement, 1.1.2013, cl 2. | |
(228) | State Environmental Planning Policy (Port Botany and Port Kembla) 2013. LW 24.5.2013. Date of commencement, 31.5.2013, cl 2. | |
(241) | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013. LW 31.5.2013. Date of commencement, 31.5.2013, cl 2. | |
(287) | State Environmental Planning Policy (Infrastructure) Amendment (Electricity Generating Works) 2013. LW 14.6.2013. Date of commencement, on publication on LW, cl 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.25, 5.7.2013, sec 2 (1). | |
(580) | State Environmental Planning Policy (Infrastructure) Amendment (Light Rail) 2013. LW 4.10.2013. Date of commencement, on publication on LW, cl 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.28, 3.1.2014, sec 2 (1). | |
(706) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013. LW 20.12.2013. Date of commencement, 22.2.2014, cl 2. | |
(97) | State Environmental Planning Policy (Port Botany and Port Kembla) Amendment (Port of Newcastle) 2014. LW 7.3.2014. Date of commencement of Sch 2.3, 31.5.2014, cl 2 (1). | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.37, 4.7.2014, sec 2 (1). | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(88) | State Environmental Planning Policy (Infrastructure) Amendment (Disposal of Drug Exhibit Waste) 2016. LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(139) | State Environmental Planning Policy Amendment (Correctional Facilities) 2016. LW 18.3.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.31, 6.1.2017, sec 2 (1). | |
No 60 | Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016. Date of commencement of cl 2 of Sch 3, assent, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3). | |
(494) | State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(590) | State Environmental Planning Policy (Infrastructure) Amendment (Sydney Harbour Subdivision and Shooting Ranges) 2017. LW 20.10.2017. Date of commencement, on publication on LW, cl 2. | |
(734) | State Environmental Planning Policy (Infrastructure) Amendment (Review) 2017. LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(68) | State Environmental Planning Policies Amendment (State and Regionally Significant Development and Law Revision) 2018. LW 28.2.2018. Date of commencement, 1.3.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
No 18 | Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018. | |
(505) | State Environmental Planning Policy Amendment (Exempt Development—Cladding and Decorative Work) 2018. LW 31.8.2018. Date of commencement, 22.10.2018, cl 2. | |
(507) | State Environmental Planning Policy (Infrastructure) Amendment 2018. LW 31.8.2018. Date of commencement, on publication on LW, cl 2. | |
(665) | State Environmental Planning Policy Amendment (Miscellaneous) 2018. LW 23.11.2018. Date of commencement, on publication on LW, cl 2. | |
(224) | State Environmental Planning Policy (Infrastructure) Amendment (Water and Emergency Services Facilities) 2019. LW 31.5.2019. Date of commencement, on publication on LW, cl 2. | |
(537) | State Environmental Planning Policy Amendment (Data Storage) 2019. LW 8.11.2019. Date of commencement, on publication on LW, cl 2. | |
(657) | State Environmental Planning Policy (Infrastructure) Amendment 2019. LW 20.12.2019. Date of commencement, on publication on LW, cl 2. | |
(69) | State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020. Date of commencement, 1.3.2020, cl 2. | |
(156) | State Environmental Planning Policy (Infrastructure) Amendment (Energy Storage Technology) 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(333) | State Environmental Planning Policy (Infrastructure) Amendment (Energy Storage Technology) (No 2) 2020. LW 26.6.2020. Date of commencement, on publication on LW, cl 2. | |
(591) | State Environmental Planning Policy (Infrastructure) Amendment (Sydney Metro West Interim Corridor) 2020. LW 2.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 29 | Sporting Venues Authorities Amendment (Venues NSW) Act 2020. Assented to 27.10.2020. Date of commencement, 1.12.2020, sec 2 and 2020 (681) LW 27.11.2020. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(763) | State Environmental Planning Policy (Infrastructure) Amendment (Dog-Proof Fences) 2020. LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
(206) | State Environmental Planning Policy (Infrastructure) Amendment (Health Services Facilities) 2021. LW 30.4.2021. Date of commencement, on publication on LW, cl 2. | |
(611) | State Environmental Planning Policy (Infrastructure) Amendment (Water Supply Infrastructure) 2021. LW 15.10.2021. Date of commencement, on publication on LW, cl 2. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(715) | State Environmental Planning Policy Amendment (Fire Sprinkler Systems) 2021. LW 26.11.2021. Date of commencement, 1.1.2022, sec 2. | |
(778) | State Environmental Planning Policy (Infrastructure) Amendment (Solar and Wind Energy) 2021. LW 17.12.2021. Date of commencement, on publication on LW, sec 2. |
Part 1, note | Am 2016 No 55, Sch 3.31 [3]. |
Cl 2 | Am 2018 (507), Sch 1 [1]. |
Cl 5 | Am 2009 (434), Sch 1 [1]; 2010 (173), Sch 1.1; 2010 (665), Sch 1 [1]; 2010 (754), Sch 1 [1]; 2017 (734), Sch 21 [1]–[4]; 2018 No 18, Sch 2.18 [1]; 2018 (507), Schs 1 [2]–[6], 3 [1], 4 [1]; 2020 No 30, Sch 4.97[1]. |
Cl 6 | Am 2009 (61), Sch 1 [1] [2]. Subst 2009 (434), Sch 1 [2]. Am 2013 (706), Sch 2.11 [1]; 2018 (68), Sch 2 [1]. |
Cl 7A | Ins 2018 (507), Sch 1 [7]. |
Cl 8 | Am 2010 (754), Sch 1 [2]; 2014 (97), Sch 2.3 [1]; 2016 No 55, Sch 3.31 [4]; 2018 (68), Sch 2 [1]; 2018 (106), Sch 2.15 [1]. |
Cl 9 | Am 2016 No 60, Sch 3, cl 2; 2017 (734), Sch 21 [5]. |
Cl 10 | Am 2011 No 27, Sch 2.50 [1]. Rep 2016 No 60, Sch 3, cl 2. |
Cl 11 | Am 2019 (537), Sch 1.1[1]. |
Cl 13 | Am 2017 (734), Sch 1 [1]. |
Cl 14 | Am 2017 (734), Sch 1 [2] [3]; 2018 (507), Sch 2 [1]. |
Cl 15 | Am 2017 (734), Sch 1 [1]. |
Cl 15AA | Ins 2018 (507), Sch 2 [2]. |
Cl 15A | Ins 2018 (106), Sch 2.15 [2]. Am 2018 (507), Sch 2 [3]. |
Cl 16 | Am 2012 (189), Sch 2 [1]; 2012 (538), Sch 2.4 [1] [2]; 2016 (310), Sch 4.30 [1] [2]; 2016 No 55, Sch 3.31 [5]–[8]; 2017 (494), Sch 6.3 [1]; 2017 (734), Sch 1 [1] [4] [5]; 2018 (68), Sch 2 [1]; 2020 (69), Sch 2.5; 2020 No 30, Sch 4.97[2]; 2021 (716), Sch 1.28[1] [2]. |
Cl 16A | Ins 2021 (716), Sch 1.28[3]. |
Cl 18 | Am 2011 (116), Sch 1.3 [1]; 2011 (385), Sch 1.3 [1]; 2016 No 55, Sch 3.31 [9]; 2017 (734), Sch 21 [6] [7]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 3 [1]. |
Cl 19 | Am 2009 (61), Sch 1 [3]; 2013 No 111, Sch 3.28 [1]; 2017 (734), Sch 21 [8]. |
Part 2, Div 4, note | Ins 2010 (754), Sch 1 [3]. Am 2017 (734), Sch 2 [1]; 2018 (68), Sch 2 [1]. |
Cl 20 | Subst 2010 (754), Sch 1 [4]. Am 2017 (734), Sch 2 [2] [3]; 2018 (68), Sch 2 [1]. |
Cl 20A | Ins 2010 (754), Sch 1 [4]. Am 2017 (494), Sch 6.3 [2]; 2018 (507), Sch 4 [2]. |
Part 2, Div 5 | Ins 2010 (754), Sch 1 [5]. |
Part 2, Div 5, note | Ins 2010 (754), Sch 1 [5]. Rep 2014 No 33, Sch 2.37 [1]. Ins 2017 (734), Sch 2 [4]. |
Cl 20B | Ins 2010 (754), Sch 1 [5]. Am 2017 (734), Sch 2 [5] [6]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 4 [3]. |
Cl 20C | Ins 2010 (754), Sch 1 [5]. Am 2017 (734), Sch 2 [7] [8]; 2018 (507), Sch 4 [4]. |
Cl 21 | Rep 2018 (507), Sch 5. |
Cl 23 | Am 2017 (734), Schs 3, 21 [9]. Subst 2018 (507), Sch 5. |
Part 3, Div 2, heading | Am 2016 (139), Sch 1 [1]. |
Cl 24 | Am 2016 (139), Sch 1 [2] [3]. |
Cl 25 | Am 2018 (507), Sch 6 [1]–[3]. |
Cl 26 | Am 2016 (139), Sch 1 [4]; 2016 No 27, Sch 2.46. Subst 2018 (507), Sch 6 [4]. |
Cl 26A | Ins 2016 (139), Sch 1 [5]. Am 2018 (507), Sch 6 [5]. |
Cl 26B | Ins 2016 (139), Sch 1 [5]. Am 2018 (507), Sch 6 [6] [7]. |
Part 3, Div 3 | Rep 2017 (494), Sch 6.3 [3]. Ins 2019 (537), Sch 1.1[2]. |
Cl 27 | Am 2008 (461), Sch 1 [1]; 2009 (61), Sch 1 [4]; 2011 (83), Sch 3 [1]. Rep 2017 (494), Sch 6.3 [3]. Ins 2019 (537), Sch 1.1[2]. |
Part 3, Div 3A | Ins 2020 (763), Sch 1[1]. |
Cl 28 | Am 2009 (61), Sch 1 [5]; 2009 (327), Sch 1 [1]; 2012 (43), Sch 1 [1] [2]. Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1]. |
Cl 29 | Am 2008 (461), Sch 1 [2] [3]; 2009 (327), Sch 1 [2] [3]. Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1]. |
Cl 30 | Rep 2017 (494), Sch 6.3 [3]. Ins 2020 (763), Sch 1[1]. |
Cl 31 | Am 2008 (461), Sch 1 [4]; 2010 (754), Sch 1 [6]–[8]; 2016 No 55, Sch 3.31 [10]. Rep 2017 (494), Sch 6.3 [3]. |
Cl 31A | Ins 2008 (461), Sch 1 [5]. Am 2009 (61), Sch 1 [6]; 2009 (327), Sch 1 [4]–[6]; 2010 (754), Sch 1 [9]. Rep 2017 (494), Sch 6.3 [3]. |
Cl 31B | Ins 2008 (461), Sch 1 [5]. Rep 2009 (61), Sch 1 [7]. |
Cl 31C | Ins 2008 (461), Sch 1 [5]. Am 2010 (754), Sch 1 [10]–[12]. Rep 2017 (494), Sch 6.3 [3]. |
Cl 32 | Am 2009 (61), Sch 1 [8] [9]; 2009 (137), Sch 1 [1] [2]; 2016 No 55, Sch 3.31 [10]. Rep 2017 (494), Sch 6.3 [3]. |
Part 3, Div 4, heading | Am 2010 (754), Sch 1 [13]. |
Cl 33 | Am 2010 (754), Sch 1 [14]; 2017 (734), Sch 4 [1]; 2020 (156), Sch 1[1]. |
Cl 34 | Am 2010 (754), Sch 1 [15] [16]; 2013 (287), Sch 1 [1]; 2018 (507), Sch 7 [1]; 2020 (156), Sch 1[2] [3]. |
Cl 36 | Am 2010 (754), Sch 1 [17]; 2013 (287), Sch 1 [2]; 2017 (734), Sch 4 [2]; 2019 (657), cl 4(1); 2020 (156), Sch 1[4]. |
Cl 37 | Subst 2010 (754), Sch 1 [18]. Am 2017 (734), Sch 4 [3]–[5]; 2020 (156), Sch 1[5]; 2020 (333), Sch 1[1]. |
Cl 39 | Am 2010 (754), Sch 1 [6] [19]–[21]; 2017 (734), Sch 4 [4]–[7]; 2020 (156), Sch 1[6]–[8]. |
Cl 39A | Ins 2021 (778), Sch 1. |
Cl 40 | Am 2017 (734), Sch 5 [1]–[3]; 2018 No 18, Sch 2.18 [2]; 2020 (156), Sch 1[9]. |
Cl 41 | Am 2017 (734), Sch 5 [4] [5]; 2018 (106), Sch 2.15 [3]. |
Cl 42 | Am 2017 (734), Schs 5 [6] and 21 [10]. |
Cl 43 | Am 2010 (754), Sch 1 [6] [22]; 2017 (734), Schs 2 [9], 5 [7]–[12], 21 [5] [11] [12]; 2018 (507), Sch 7 [2]–[4]. |
Cl 44 | Am 2016 No 55, Sch 3.31 [10]; 2020 (591), Sch 1[1] [2]. |
Cl 46 | Am 2010 (754), Sch 1 [23]–[25]; 2011 (83), Sch 3 [2]; 2016 No 55, Sch 3.31 [11]; 2018 (507), Sch 8 [1] [2]. |
Cl 46A | Ins 2017 (590), Sch 1 [1]. |
Cl 47 | Am 2010 (754), Sch 1 [26] [27]; 2016 No 55, Sch 3.31 [11]; 2018 (507), Sch 8 [3]; 2019 (224), cl 4 (1). |
Cl 48 | Am 2010 (754), Sch 1 [28] [29]; 2016 No 55, Sch 3.31 [12]; 2018 (106), Sch 2.15 [4]. Subst 2018 (507), Sch 8 [4]. Am 2019 (657), cl 4(2); 2021 (206), Sch 1[1]. |
Cl 48A | Ins 2010 (754), Sch 1 [30]. Am 2018 (106), Sch 2.15 [5]; 2018 (507), Sch 8 [5]. |
Cl 48B | Ins 2010 (754), Sch 1 [30]. Am 2016 No 55, Sch 3.31 [12]; 2017 No 22, Sch 2.37 [1]; 2017 (494), Sch 6.3 [4] [5]; 2018 (106), Sch 2.15 [6]; 2018 (507), Sch 8 [6]–[8]. |
Part 3, Div 8, note | Am 2016 No 55, Sch 3.31 [13]. |
Cl 51 | Am 2017 (734), Sch 21 [13]. |
Part 3, Div 9 | Renumbered as Part 3, Div 12A, 2018 (507), Sch 9 [1]. |
Part 3, Div 9, Subdiv 1, heading | Am 2011 (511), Sch 6.11 [2]. Renumbered as Part 3, Div 12A, Subdiv 1, 2018 (507), Sch 9 [1]. |
Cl 53 | Am 2011 (511), Sch 6.11 [3]. Renumbered as cl 66A, 2018 (507), Sch 9 [1]. |
Cl 54 | Am 2010 (754), Sch 1 [6]; 2017 (734), Sch 21 [5] [12] [14]. Renumbered as cl 66B, 2018 (507), Sch 9 [1]. |
Part 3, Div 9, Subdiv 2 | Renumbered Part 3, Div 12A, Subdiv 2, 2018 (507), Sch 9 [1]. |
Cl 55 | Rep 2018 (507), Sch 9 [3]. |
Cl 56 | Am 2011 (83), Sch 3 [3]; 2017 (734), Sch 6 [1]–[3]. |
Cl 57 | Am 2011 (116), Sch 1.3 [2]; 2011 (385), Sch 1.3 [2]; 2017 (734), Sch 6 [4]; 2021 (206), Sch 1[2]. |
Cl 58 | Subst 2017 (734), Sch 6 [5]. Am 2018 (507), Sch 10 [1]; 2021 (206), Sch 1[3]–[5]. |
Cl 58A | Ins 2017 (734), Sch 6 [6]. |
Cl 58B | Ins 2017 (734), Sch 6 [6]. Am 2021 (206), Sch 1[6]. |
Cl 58C | Ins 2017 (734), Sch 6 [6]. Am 2018 (507), Sch 10 [2] [3]; 2021 (206), Sch 1[7] [8]. |
Cl 58CA | Ins 2021 (206), Sch 1[9]. |
Part 3, Div 10A (cll 58D–58F) | Ins 2017 (734), Sch 7. |
Part 3, Div 11, heading | Am 2009 (61), Sch 1 [10]. Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2]. |
Part 3, Div 11 | Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2]. |
Part 3, Div 11, Subdiv 1 | Ins 2009 (61), Sch 1 [11]. Rep 2009 (364), Sch 3.6 [1]. |
Part 3, Div 11, Subdiv 2 | Ins 2009 (61), Sch 1 [11]. Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Part 3, Div 11, Subdivs 3, 4 | Ins 2009 (61), Sch 1 [15]. Rep 2009 (364), Sch 3.6 [1]. |
Cl 58G (previously cl 58A) | Ins 2009 (61), Sch 1 [11]. Rep 2009 (364), Sch 3.6 [1]. Ins 2013 (706), Sch 2.11 [2]. Renumbered 2017 (734), Sch 6 [7]. |
Cl 58H (previously cl 58B) | Ins 2013 (706), Sch 2.11 [2]. Am 2017 (734), Sch 8. Renumbered 2017 (734), Sch 6 [7]. |
Part 3, Div 11A | Ins 2013 (706), Sch 2.11 [2]. |
Cl 58I (previously cl 58C) | Ins 2013 (706), Sch 2.11 [2]. Renumbered 2017 (734), Sch 6 [7]. Am 2020 No 29, Sch 2.12. |
Cl 59 | Am 2009 (61), Sch 1 [12] [13]. Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Cll 60, 61 | Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Cl 62 | Rep 2009 (61), Sch 1 [14]. Ins 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Cl 62A | Ins 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Cl 63 | Subst 2009 (137), Sch 1 [3]. Rep 2009 (364), Sch 3.6 [1]. |
Cll 63A–63F) | Ins 2009 (61), Sch 1 [15]. Rep 2009 (364), Sch 3.6 [1]. |
Cl 64 | Am 2018 (507), Sch 3 [2]. |
Cl 65 | Am 2009 (91), Sch 3.13; 2011 (511), Sch 6.11 [4]; 2016 No 55, Sch 3.31 [14]; 2017 (734), Sch 9 [1]–[6]; 2018 (507), Schs 3 [3]–[5], 11 [1] [2]. |
Cl 66 | Am 2010 (754), Sch 1 [6]. Subst 2017 (734), Sch 9 [7]; 2018 (507), Schs 3 [6] [7], 11 [3]. |
Part 3, Div 12A, heading (previously Part 3, Div 9) | Am 2011 (511), Sch 6.11 [1]. Renumbered 2018 (507), Sch 9 [1]. Subst 2018 (507), Sch 9 [2]. |
Part 3, Div 12A, Subdiv 1, heading (previously Part 3, Div 9, Subdiv 1, heading) | Am 2011 (511), Sch 6.11 [2]. Renumbered 2018 (507), Sch 9 [1]. |
Cl 66A (previously sec 53) | Am 2011 (511), Sch 6.11 [3]. Renumbered 2018 (507), Sch 9 [1]. |
Cl 66B (previously sec 54) | Am 2010 (754), Sch 1 [6]; 2017 (734), Sch 21 [5] [12] [14]. Renumbered 2018 (507), Sch 9 [1]. |
Part 3, Div 12A, Subdiv 2 (previously Part 3, Div 9, Subdiv 2) | Renumbered 2018 (507), Sch 9 [1]. Subst 2018 (507), Sch 9 [3]. |
Cl 66C | Ins 2018 (507), Sch 9 [3]. |
Cl 67 | Am 2011 (83), Sch 3 [4]; 2013 (228), Sch 4 [1]; 2014 (97), Sch 2.3 [2]; 2017 (734), Sch 10 [1] [2]. |
Cl 67A | Ins 2013 (228), Sch 4 [2]. Am 2013 (241), Sch 2.2; 2014 (97), Sch 2.3 [3]. Subst 2018 (507), Sch 12 [1]; 2018 (665), Sch 1.3. |
Cl 68 | Am 2009 (434), Sch 1 [3] [4]; 2010 (754), Sch 1 [31]; 2016 No 55, Sch 3.31 [7]; 2017 (734), Sch 10 [3]–[8]; 2018 (507), Sch 12 [2] [3]; 2020 No 30, Sch 4.97[2]. |
Cl 69 | Am 2017 (734), Sch 10 [5] [9]–[11]. |
Cl 70 | Am 2008 No 62, Sch 2.53 [1]; 2010 (754), Sch 1 [6]; 2014 (97), Sch 2.3 [4]–[8]; 2016 No 55, Sch 3.31 [7] [15]; 2017 (734), Schs 2 [10] [11], 10 [12]–[19]; 2018 (505), Sch 1.4 [1]; 2018 (507), Sch 12 [4]–[6]; 2020 No 30, Sch 4.97[2]. |
Cl 71 | Am 2010 (754), Sch 1 [32] [33]; 2013 (228), Sch 4 [3] [4]; 2013 No 111, Sch 3.28 [2]; 2014 (97), Sch 2.3 [9]; 2016 No 55, Sch 3.31 [16]; 2017 (734), Sch 10 [20]–[25]; 2020 No 30, Sch 4.97[2]. |
Cl 72 | Am 2010 (754), Sch 1 [34] [35]; 2013 (228), Sch 4 [5]; 2016 No 55, Sch 3.31 [10]; 2017 (734), Schs 2 [12], 10 [26] [27]; 2020 No 30, Sch 4.97[2]. |
Cl 73 | Rep 2010 (375), Sch 1 [1]. |
Cl 74 | Am 2010 (754), Sch 1 [36]; 2011 (83), Sch 3 [5]. |
Cl 75A | Ins 2018 (507), Sch 8 [9]. |
Cl 77 | Am 2017 (734), Sch 11 [1]; 2018 (507), Sch 13 [1]. |
Cl 77A | Ins 2017 (734), Sch 11 [2]. Am 2018 (507), Sch 13 [2]. |
Part 3, Div 15, Subdiv 1, heading | Am 2013 (580), Sch 1 [1]. |
Cl 78 | Am 2009 (61), Sch 1 [16] [17]; 2009 (434), Sch 1 [5]; 2011 (511), Sch 6.11 [5] [6]; 2013 (580), Sch 1 [2]; 2016 No 55, Sch 3.31 [10]; 2017 No 22, Sch 2.37 [2] [3]; 2017 (734), Sch 12 [1]–[4]; 2018 (68), Sch 2 [1]; 2018 No 18, Sch 2.18 [3]; 2020 (591), Sch 1[3]–[5]. |
Cl 79 | Am 2017 (734), Schs 12 [5] [6], 21 [12]; 2018 (106), Sch 2.15 [7]; 2018 (507), Sch 14 [1]. |
Cl 81 | Am 2017 (734), Sch 12 [7] [8]. |
Cl 82 | Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 12 [9]–[13], 21 [5] [15]; 2018 No 18, Sch 2.18 [4]. |
Cl 82A | Ins 2017 (734), Sch 12 [14]. |
Cl 83 | Rep 2013 (580), Sch 1 [3]. |
Part 3, Div 15, Subdiv 2, heading | Subst 2017 (734), Sch 12 [15]. |
Part 3, Div 15, Subdiv 2, note | Subst 2009 (61), Sch 1 [18]. Rep 2017 (734), Sch 12 [15]. |
Cl 84 | Am 2017 (734), Sch 12 [16]–[18]; 2018 (507), Sch 14 [2]. |
Cl 85 | Am 2017 (734), Sch 12 [16] [19] [20]; 2018 (507), Sch 14 [3]; 2021 (716), Sch 1.28[4]. |
Cl 86 | Am 2016 No 55, Sch 3.31 [17]; 2017 (734), Sch 12 [16] [17] [21]–[24]. |
Cl 87 | Am 2017 (494), Sch 6.3 [6]; 2017 (734), Sch 21 [16] [17]. |
Cl 88 | Am 2009 (61), Sch 1 [19]–[22]; 2016 No 60, Sch 3, cl 2; 2017 (734), Sch 12 [25]–[28]; 2018 No 18, Sch 2.18 [5]; 2020 (591), Sch 1[6] [7]. |
Cl 88A | Ins 2009 (61), Sch 1 [23]. Am 2013 No 111, Sch 3.28 [3]; 2017 (734), Sch 12 [29] [30]. |
Cl 88B | Ins 2009 (61), Sch 1 [23]. |
Cl 88C | Ins 2009 (61), Sch 1 [23]. Rep 2017 (734), Sch 12 [31]. |
Cl 89 | Am 2009 (61), Sch 1 [24]. Rep 2017 (734), Sch 12 [31]. |
Part 3, Div 16, heading | Am 2010 (215), Sch 2 [1]. |
Cl 90 | Am 2010 (215), Sch 2 [2]. |
Cl 92 | Am 2010 (215), Sch 2 [3]. |
Cl 92A | Ins 2010 (215), Sch 2 [4]. Am 2010 (754), Sch 1 [6]; 2018 (507), Sch 15. |
Part 3, Div 17, Subdiv 1, heading | Subst 2018 (507), Sch 16 [1]. |
Cl 93 | Am 2009 (434), Sch 1 [6]; 2011 (83), Sch 3 [6]; 2011 (511), Sch 6.11 [7] [8]; 2016 No 55, Sch 3.31 [18]–[20]; 2018 (68), Sch 2 [1]; 2018 (507), Sch 16 [2]–[4]; 2020 No 30, Sch 4.97[3] [4]. |
Cl 94 | Am 2018 (106), Sch 2.15 [8]; 2018 (507), Sch 16 [5] [6]. |
Cl 95A | Ins 2018 (507), Sch 16 [7]. |
Cl 96 | Am 2014 No 74, Sch 3.30 [1]; 2018 (507), Sch 16 [8] [9]. |
Cl 97 | Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9] and 21 [5] [11] [12]; 2018 (507), Sch 16 [10]–[13]. |
Cll 97A, 97B | Ins 2018 (507), Sch 16 [14]. |
Cl 99 | Am 2018 (507), Sch 16 [15] [16]. |
Cl 100 | Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [17]; 2020 No 30, Sch 4.97[5] [6]. |
Cl 101 | Am 2018 (507), Sch 16 [18] |
Cl 102 | Am 2016 No 55, Sch 3.31 [21]; 2017 (494), Sch 6.3 [6]; 2017 (734), Sch 21 [16] [17]; 2018 (507), Sch 16 [19]; 2020 No 30, Sch 4.97[6]. |
Cl 103 | Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [20]; 2020 No 30, Sch 4.97[6]. |
Cl 104 | Am 2016 No 55, Sch 3.31 [21]; 2018 (507), Sch 16 [21] [22]; 2020 No 30, Sch 4.97[6]. |
Part 3, Div 17, Subdiv 3 (cll 104A, 104B) | Ins 2018 (507), Sch 16 [23]. |
Cl 105 | Am 2017 (734), Sch 13 [1]. |
Cl 106 | Am 2017 (734), Sch 13 [2]–[5]; 2018 (507), Sch 17 [1]. |
Cl 107 | Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 13 [6], 21 [5] [12] [18]–[20]; 2018 (507), Sch 17 [2]–[4]. |
Part 3, Div 18A (cll 107A–107D) | Ins 2017 (590), Sch 1 [2]. |
Part 3, Div 19A (cll 109A, 109B) | Ins 2017 (734), Sch 14. |
Cl 110 | Am 2017 (734), Schs 15 [1], 21 [21]. |
Cl 111 | Am 2017 (734), Sch 15 [2]. |
Cl 111A | Ins 2017 (734), Sch 15 [3]. |
Cl 112 | Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 2 [9], 15 [4] [5], 21 [5] [12] [18] [19] [22]; 2018 (507), Sch 18. |
Part 3, Div 21, note | Subst 2010 (375), Sch 1 [2]; 2017 (734), Sch 16 [1]. |
Cl 113 | Am 2010 (375), Sch 1 [3] [4]; 2010 (665), Sch 1 [2]–[5]; 2011 No 27, Sch 2.50 [2]; 2017 No 22, Sch 2.37 [4]; 2017 (734), Sch 16 [2]–[5]. |
Cl 114 | Am 2010 (375), Sch 1 [5]–[7]; 2010 (665), Sch 1 [6]–[8]; 2017 (734), Sch 21 [10]. |
Cl 114A | Ins 2011 (511), Sch 6.11 [9]. |
Cl 115 | Am 2010 (375), Sch 1 [8]–[10]; 2010 (665), Sch 1 [9]. |
Cl 116 | Subst 2010 (375), Sch 1 [11]. Am 2010 (754), Sch 1 [37] [38]; 2013 (706), Sch 2.11 [3]; 2017 (734), Sch 16 [6] [7]. |
Cl 116A | Ins 2010 (375), Sch 1 [11]. Am 2010 (754), Sch 1 [39]–[41]; 2013 (706), Sch 2.11 [4]; 2017 (734), Sch 16 [6] [7]; 2018 (507), Sch 4 [5]. |
Cl 116B | Ins 2010 (375), Sch 1 [11]. Subst 2010 (754), Sch 1 [42]. Am 2017 (734), Sch 16 [6]. |
Cll 116C, 116D | Ins 2010 (375), Sch 1 [11]. |
Cl 117 | Am 2008 No 62, Sch 2.53 [2]. Subst 2017 (734), Sch 17 [1]. |
Cll 118, 119 | Am 2017 (734), Sch 17 [2]. |
Cl 120 | Am 2017 (734), Sch 18 [1]. |
Cl 121 | Am 2017 No 22, Sch 2.37 [5]. |
Cl 121AA | Ins 2017 (734), Sch 18 [2]. |
Cl 121A | Ins 2016 (88), Sch 1. |
Cl 122 | Am 2016 No 55, Sch 3.31 [10]; 2017 (734), Sch 18 [3] [4]. |
Cl 123 | Am 2010 (360), Sch 1 [1] [2]. |
Cl 124 | Subst 2017 (734), Sch 19 [1]. Am 2019 (224), cl 4 (2) (3). |
Cl 125 | Am 2014 No 74, Sch 3.30 [2] [3]; 2017 (734), Sch 19 [2] [3]. |
Cl 126 | Am 2017 (734), Sch 19 [4]. |
Cl 126A | Ins 2017 (734), Sch 19 [5]. |
Cl 127 | Am 2010 (754), Sch 1 [6]; 2017 (734), Schs 19 [6]–[9], 21 [5] [12] [18] [19] [23]; 2018 (507), Sch 20 [1] [2]. |
Cl 127A | Ins 2021 (611), cl 4. |
Cl 128 | Am 2010 (754), Sch 1 [43] [44]; 2018 (106), Sch 2.15 [9] [10]. |
Cl 129 | Am 2010 (754), Sch 1 [45]–[48]; 2013 No 47, Sch 2.25; 2017 (734), Sch 21 [5]; 2018 (106), Sch 2.15 [11]–[13]. |
Cl 129A | Ins 2010 (754), Sch 1 [49]. Rep 2018 (106), Sch 2.15 [14]. |
Part 3, Div 25A | Ins 2017 (590), Sch 1 [3]. |
Cl 129B | Ins 2017 (590), Sch 1 [3]. |
Cl 129C | Ins 2017 (590), Sch 1 [3]; 2020 No 30, Sch 4.97[2]. |
Part 3, Div 26 | Ins 2008 (456), Sch 1. |
Cl 130 | Ins 2008 (456), Sch 1. Am 2009 (536), Sch 1 [1]–[4]; 2010 (754), Sch 1 [50]; 2014 No 33, Sch 2.37 [2]. Subst 2017 (734), Sch 20. |
Cl 131 | Ins 2008 (456), Sch 1. Am 2010 (754), Sch 1 [51] [52]. Subst 2017 (734), Sch 20. |
Cl 132 | Ins 2017 (734), Sch 20. Am 2018 (507), Sch 3 [1]. Rep 2020 (763), Sch 1[2]. |
Sch 1 | Am 2009 (327), Sch 1 [7]; 2010 (375), Sch 1 [12]; 2010 (754), Sch 1 [53]–[55]; 2012 (189), Sch 2 [2] [3]; 2012 (670), Sch 3; 2017 (494), Sch 6.3 [7] [8]; 2017 (734), Schs 2 [13]–[22], 21 [18]; 2018 (505), Sch 1.4 [2]; 2018 (507), Sch 4 [6]–[10]; 2021 (715), sec 4. |
Sch 1A | Ins 2009 (137), Sch 1 [4]. Rep 2009 (364), Sch 3.6 [2]. |
Sch 2 | Am 2018 (507), Sch 16 [24] [25]. |
Sch 3, heading | Am 2016 No 55, Sch 3.31 [21]. Subst 2018 (507), Sch 16 [26]. Am 2020 No 30, Sch 4.97[7]. |
Sch 3 | Am 2017 (494), Sch 6.3 [9]. Subst 2018 (507), Sch 16 [26]. |
Sch 3A | Ins 2010 (375), Sch 1 [13]. Am 2010 (665), Sch 1 [10] [11]; 2018 (507), Sch 19. |
Sch 4 | Rep 2016 No 60, Sch 3, cl 2. |
Sch 5 | Rep 2007 (641), cl 10 (3). Ins 2010 (665), Sch 1 [12]. Am 2010 (754), Sch 1 [56]; 2011 (385), Sch 1.3 [3]; 2017 (734), Sch 21 [24]; 2018 (507), Sch 1 [8]. |
The whole Policy (except cl 65 (2) (d)) | Am 2016 No 55, Sch 3.31 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively) |
The whole Policy | Am 2016 No 55, Sch 3.31 [2] (“Rural Small Holdings” omitted wherever occurring, “Primary Production Small Lots” inserted instead). |
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