State Environmental Planning Policy (Infrastructure) Amendment (Electricity Generating Works) 2013 (2013-287) LW 14 June 2013 (NSW)

2013 No 287

New South Wales

State Environmental Planning Policy

(Infrastructure) Amendment

(Electricity Generating Works) 2013

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

BRAD HAZZARD, MP

Minister for Planning and Infrastructure

Published LW 14 June 2013 Page 1

2013 No 287	State Environmental Planning Policy (Infrastructure) Amendment (Electricity
Clause 1	Generating Works) 2013

State Environmental Planning Policy (Infrastructure)

Amendment (Electricity Generating Works) 2013

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Infrastructure)

Amendment (Electricity Generating Works) 2013.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Infrastructure) Amendment (Electricity	2013 No 287
Generating Works) 2013

Amendment of State Environmental Planning Policy (Infrastructure) 2007 Schedule 1

Schedule 1

Amendment of State Environmental

Planning Policy (Infrastructure) 2007

[1]      Clause 34 Development permitted with consent

Insert after clause 34 (2):

(2A)	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.
(2B)	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.

[2]      Clause 36 Development permitted without consent

Omit clause 36 (1). Insert instead:

(1)

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.

(1A) In subclause (1) (c), existing electricity generating capacity of works includes the electricity generating capacity of the works, as changed from time to time as a result of the alteration of the works (other than solely as a result of alterations that have been carried out in reliance on that paragraph).