State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (NSW)

Part 1Preliminary1Name of Policy

This State environmental planning policy may be cited as State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development.

2Definitions(1)

In this Policy, except in so far as the context or subject-matter otherwise indicates or requires:

council, in relation to the carrying out of development, means the council of the area in which the development is to be carried out.

floor space, in relation to a building, means the area of a floor of the building, where the area of the floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1 400 millimetres above the floor level, excluding:

• (a)

  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,

• (b)

  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,

• (c)

  car-parking needed to meet any requirements of the council and any internal access thereto, and

• (d)

  space for the loading and unloading of goods.

iconic site means any of the following land:

• (a)

  the land described in Schedule 1 to the Sydney Olympic Park Authority Act 2001,

• (b)

  the Trust lands within the meaning of the Royal Botanic Gardens and Domain Trust Act 1980,

• (c)

  the Trust lands within the meaning of the Centennial Park and Moore Park Trust Act 1983,

• (d)

  the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998.

offensive noise has the same meaning as in the Protection of the Environment Operations Act 1997.

private land means land that is not a public place or an iconic site.

private service provider means a person or body that has entered into an agreement with New South Wales Fire Brigades to monitor fire alarm systems.

rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.

water supply service pipe means a pipe connecting premises to a water main.

wind monitoring tower means a tower or other structure used to monitor wind for the purpose of investigating or determining the feasibility of a wind farm.

(2)

Part 2 of the Environmental Planning and Assessment Model Provisions 1980 applies to and in respect of this Policy in the same way as it applies to and in respect of a local environmental plan by which that Part is adopted and so applies as if the reference to “the local environmental plan” in clause 4 (1) of that Part were a reference to this Policy.

(3)

A written notice given to a council under clause 7 or 8 with respect to a change of the use of a building is a sufficient written notice, within the meaning of that clause, only if:

• (a)

  it is given by:

  • (i)

    the owner of the building, or

  • (ii)

    the occupier of the building, with the consent of the owner of the building,

  and contains a statement that it is so given executed by that owner,

• (b)

  it contains a description of the building sufficient to identify the building and a statement of the particular purpose for which the building will be used after the notice has been given, and

• (c)

  it is accompanied by the fee (if any) not exceeding $50 fixed by the council for registration of the notice pursuant to clause 12.

(4)

Nothing in this Policy shall be read or construed as:

• (a)

  affecting any requirement to comply with a development standard,

• (b)

  authorising the carrying out of any development that is prohibited under the Act, except where the carrying out of the development is so prohibited by reason only of a requirement for the obtaining of development consent before it may be carried out,

• (c)

  authorising the change of an existing use, within the meaning of Division 10 of Part 4 of the Act, to another use, or

• (d)

  authorising an alteration to, or the extension or rebuilding of, a building or work being used for an existing use, within the meaning of Division 10 of Part 4 of the Act, except as provided by clause 13 or 15B.

(5)

Nothing in this Policy shall be construed as permitting, without development consent being obtained therefor, development for the purposes of:

• (a)

  the construction or erection of, or the carrying out of work for the purpose of, an aircraft landing field or helicopter landing pad or any other facility for the landing or taking off of aircraft or helicopters,

• (b)

  the use of land for the landing or taking off of aircraft or helicopters,

• (c)

  a home industry, or

• (d)

  the conversion of a dwelling-house into 2 dwellings, or

• (e)

  a brothel (within the meaning of the Disorderly Houses Act 1943) or the alteration of a building used as a brothel.

(6)

Nothing in this Policy, except clauses 5B, 11A and 11E, clause 13 in the case of land described in paragraph (b) or (c) of this subclause and clause 15B, permits the alteration of or addition to, or the extension or demolition of, a building or work:

• (a)

  described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or

• (b)

  on land described in an environmental planning instrument as comprising or being within a conservation area (not being a conservation area sub-catchment within the meaning of Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)) or a heritage conservation area, or

• (c)

  on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.

(7)

Notes included in this Policy do not form part of this Policy.

3Aims, objectives etc(1)

This Policy is designed to permit development for a purpose which is of minor environmental significance, development for certain purposes by public utility undertakings and development on certain land reserved or dedicated under the National Parks and Wildlife Act 1974 without the necessity for development consent being obtained therefor, where:

• (a)

  the carrying out of that development is not prohibited under the Act, except by reason only of a requirement for the obtaining of development consent before that development may be carried out, and

• (b)

  the development is carried out in accordance with any development standard applying in respect of the development,

but without affecting any requirement to obtain consent or approval under any other Act in respect of the carrying out of development.

(2)

This Policy is also designed to regulate, as complying development throughout the State:

• (a)

  the conversion of fire alarm systems from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and

• (b)

  the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and

• (c)

  the conversion of fire alarm systems from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

(Repealed)

4Application of Policy(1)

Subject to subclause (2), this Policy applies to the State but does not apply to land to which State Environmental Planning Policy No 26—Littoral Rainforests, State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 or State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.

(2)

Except as provided by clauses 11A, 11E and 13, this Policy does not apply to:

• (a)

  land which is reserved under an environmental planning instrument for use exclusively for a purpose referred to in section 26 (c) of the Act,

• (b)

  land, other than land referred to in paragraph (a), which is reserved under an environmental planning instrument for use exclusively for any purpose or thing for which a site could have been reserved under section 342G (3) (e), (f), (g), (h), or (j) of the Local Government Act 1919, as in force immediately before 1 September 1980, or

• (c)

  land, other than land referred to in paragraph (a) or (b), which a public authority may, under an environmental planning instrument, be required to acquire by the owner of the land.

(3)

Clause 7 (2) does not apply to land within Zone No 3 (f–r) under Parramatta Local Environmental Plan 1989 (City Centre).

(4)

Clauses 9 and 10 of this Policy do not apply to land within Zone No 2 (g) under Parramatta Local Environmental Plan 1989 (City Centre) or within a conservation area as defined in that plan.

(4A)

Clause 10 does not apply to the land to which Murray Regional Environmental Plan No 2—Riverine Land applies where clause 10 would authorise a person to carry out, without development consent, works on or a use of land identified in that plan as flood liable, for the purposes of chemical, fuel or fertiliser storage.

(5)

Clauses 9 and 10 do not apply to the land to which the Sydney Regional Environmental Plan No 16—Walsh Bay applies.

(6)

Clauses 6–10 do not apply to land that is within a local government area specified in Schedule 2 or to other land specified in that Schedule.

(6A)

Clause 10 does not apply to development for which consent is required under the provisions of clause 66 of Kiama Local Environmental Plan 1996.

(7)

Clause 10 does not apply to land to which Williams River Catchment Regional Environmental Plan 1997 applies so as to allow a person to carry out, without development consent, works on or a use of land within 30 metres of the Williams River for the purposes of chemical, fuel or fertiliser storage, milking sheds, stables, chicken sheds, pig sties or the keeping of any other animal or organic materials.

5Inconsistency between instruments

Subject to section 74 (1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy shall prevail to the extent of the inconsistency.

Part 2Development without consent5APlaces of public worship(1)

If:

• (a)

  a building is or was last lawfully used for the purpose of a place of public worship of a particular kind, and

• (b)

  the building could not, but for this clause, be used for the purposes of a place of public worship of another kind, except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained therefor, on not less than 40 days written notice being given to the council, be used for the purposes of a place of public worship of another kind, subject to subclause (2).

(2)

This clause does not authorise the use of a building for the purposes of a place of public worship if the use will increase or create adverse environmental impacts, such as:

• (a)

  emission of noise, or

• (b)

  movement of motor vehicles, or

• (c)

  parking of motor vehicles, or

• (d)

  significant change in the hours of use.

(3)

If, immediately before the commencement of a use of a building authorised by this clause, a condition of a development consent applied to the use of a building or the use of the land on which the building is erected, the condition applies to and in respect of the use of the building so authorised or the use of the land on which it is erected in the same way as it applies to and in respect of the former use.

5B

(Repealed)

6Subdivision(1)

Where, in the absence of this clause, a subdivision of land could be carried out, but only with development consent, for the purpose of:

• (a)

  widening a public road,

• (b)

  making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

• (c)

  rectifying an encroachment upon an allotment,

• (d)

  creating a public reserve,

• (e)

  consolidating allotments, or

• (f)

  excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other rescue service purposes or public conveniences,

the subdivision may be carried out without that consent.

(2)

This clause does not apply:

• (a)

  to land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or

• (b)

  to land comprising, or on which is situated, an item described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site.

6A

(Repealed)

7Shops and commercial premises etc(1)

Subject to subclause (5), where:

• (a)

  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop of a particular kind, and

• (b)

  the building could not, but for this clause, be used for the purposes of a shop of another kind, except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a shop of another kind.

(2)

Subject to subclause (5), where:

• (a)

  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of commercial premises of a particular kind, and

• (b)

  the building could not, but for this clause, be used for the purposes of commercial premises of another kind, except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained, upon a sufficient written notice being given to the council, be used for the purposes of commercial premises of another kind.

(2A)

Clause 7 does not apply to land within Zone No 4 or 4 (d) under South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts).

(3)

Where:

• (a)

  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a social or sporting club (other than a club registered under the Registered Clubs Act 1976) or a community or cultural centre, and

• (b)

  the building could not, but for this clause, be used for any other of the purposes referred to in paragraph (a), except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for any of those purposes.

(4)

(Repealed)

(5)

Subclauses (1) and (2) do not authorise the use of a building for the purposes of a shop or commercial premises in which:

• (a)

  restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975 are shown, exhibited, displayed, sold, or otherwise rendered accessible or available to the public,

• (b)

  a business to which section 10 of that Act applies is conducted, or

• (c)

  a business is conducted, an object of which is the display or exhibition of any article, within the meaning of that Act, that is primarily concerned with sexual behaviour, but is not printed matter.

(6)

Where a building is used for the purposes of a shop or commercial premises in pursuance of this clause:

• (a)

  the curtilage of the shop or commercial premises shall not be used for storage or display purposes, and

• (b)

  the hours of operation of the shop or commercial premises shall not, in the case of a building used for the purposes of a shop or commercial premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop or commercial premises were so used at that time.

(7)

Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:

• (a)

  the maintenance of landscaping,

• (b)

  the parking of vehicles, or

• (c)

  the provision of space for the loading or unloading of goods or vehicles,

was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.

8Industry and light industry(1)

Subject to subclauses (3) and (4), where:

• (a)

  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of an industry, other than a light industry, and

• (b)

  the building could not, but for this clause, be used for the purposes of a light industry, except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry.

(2)

Subject to subclauses (3) and (4), where:

• (a)

  a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a light industry of a particular kind, and

• (b)

  the building could not, but for this clause, be used for the purposes of a light industry of another kind, except with development consent being obtained therefor,

the building may, without the necessity for development consent being obtained therefor, upon a sufficient written notice being given to the council, be used for the purposes of a light industry of another kind.

(3)

Neither subclause (1) nor subclause (2) authorises, in any particular case, the use, for the purposes of a light industry, of any of the floor space of a building, if:

• (a)

  the total of the floor space which, in the absence of this paragraph, would be authorised to be so used in that case exceeds 500 square metres, or

• (b)

  the building does not have rear service access or access to off-street loading facilities.

(4)

Where a building is used for the purposes of a light industry in pursuance of this clause:

• (a)

  the curtilage of the building shall not be used for storage or display purposes, and

• (b)

  the hours of operation of the light industry shall not:

  • (i)

    in the case of a building used for the purposes of an industry immediately before the commencement of the use authorised by this clause, extend outside the hours during which the building was so used at that time, and

  • (ii)

    in any other case, extend outside the hours between 6 am and 6 pm.

(5)

Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:

• (a)

  the maintenance of landscaping,

• (b)

  the parking of vehicles, or

• (c)

  the provision of space for the loading or unloading of goods or vehicles,

was imposed upon the use of the building or the use of the land upon which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land upon which it is erected in the same way as it applies to and in respect of that former use.

8A

(Repealed)

9Alteration of a building or work(1)

In subclause (2), a reference to the alteration of a building or work is a reference to the making of changes:

• (a)

  to the internal fabric or appearance of the building or work, whether or not involving structural alterations, or

• (b)

  to the external fabric or appearance of the building or work, being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work,

but does not include a reference to the enlargement or extension of the building or work.

(2)

A building or work that, but for this clause, could not be altered except with development consent being obtained therefor may be altered without that consent.

(3)

This clause does not apply:

• (a)

  to a building or work described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or

• (b)

  to a building or work on land described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or

• (c)

  to a building or work on land described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area.

10Certain ancillary or incidental development(1)

This clause applies to development on land for a purpose that is ancillary or incidental to a purpose for which the land may be used, being development:

• (a)

  for the purpose of parking, loading facilities, drainage, workers’ amenities, pollution control, security or for other similar purposes, or

• (b)

  which consists of the erection of fences, garages, fuel sheds, tool houses, milking bails, haysheds, stables, fowl houses, pig sties, barns or the like.

(2)

Development that, but for this clause, could not be carried out except with development consent being obtained therefor may be carried out without that consent.

(3)

This clause does not apply:

• (a)

  to development carried out on land, or in relation to a building or work, described in an environmental planning instrument as a heritage item, an item of the environmental heritage or a potential historical archaeological site, or

• (b)

  to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a conservation area or a heritage conservation area, or

• (c)

  to development carried out on land, or in relation to a building or work on land, described in an environmental planning instrument as comprising or being within a foreshore scenic protection area, a harbour foreshore preservation area or a beach front scenic protection area, or

• (d)

  to land, or a building or work on land, a part of which land is used:

  • (i)

    as a means of entrance to, or exit from, the land, or

  • (ii)

    for the loading, unloading, manoeuvring or parking of vehicles, or

  • (iii)

    for landscaping required to be carried out or maintained by reason of a condition imposed under the Act,

  if the development would prevent or restrict that use of the part of the land, or

• (e)

  to development authorised by clause 9, or

• (f)

  to land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or

• (f1)

  to land that is a sensitive coastal location within the meaning of State Environmental Planning Policy No 71—Coastal Protection, or

• (g)

  to land to which Sydney Regional Environmental Plan No 25—Orchard Hills applies, or

• (h)

  to land shown as a wetland on the map marked “Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)” or to land consisting of a scenic area shown on that map as being of significance beyond the region or of regional significance. (That map is deposited in the Parramatta office of the Department of Urban Affairs and Planning, and copies are deposited in the Department’s offices at Sydney, Newcastle and Wollongong, and in the office of each consent authority referred to in that plan.), or

• (i)

  to development specified in Schedule 1.

11–11D

(Repealed)

11EEmergency and routine work by irrigation corporations(1)

This clause applies to the following development in relation to the works of an irrigation corporation:

• (a)

  development consisting of emergency work,

• (b)

  development consisting of routine maintenance.

(2)

If, in the absence of this clause, development to which this clause applies may be carried out only with development consent, an irrigation corporation may carry out the development (and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies) without that consent.

(3)

Despite subclause (2), an irrigation corporation may carry out development only with development consent if the development consists of routine maintenance involving the demolition of a building or work described in an environmental planning instrument as a heritage item or an item of the environmental heritage.

(4)

In this clause:

demolition of a heritage item or an item of the environmental heritage means the total or partial destruction or dismantling of the item.

emergency work means the repair or replacement of any part of the works of an irrigation corporation:

• (a)

  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a similar occurrence, or

• (b)

  because it has suddenly ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

irrigation corporation has the same meaning as in the Water Management Act 2000.

routine maintenance includes the periodic inspection, cleaning, repair and replacement of the works of an irrigation corporation, but does not include development that would result in an increase in the designed capacity of any part of those works.

works of an irrigation corporation means such works as are owned or controlled by an irrigation corporation.

12Register of variations of uses

Where a written notice given pursuant to clause 7 or 8 is received by a council, it shall forthwith record that fact in a register kept for that purpose.

12A

(Repealed)

Part 3Complying development13Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or a private service provider.

(2)

A person must not:

• (a)

  convert a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, or

• (b)

  convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, or

• (c)

  convert a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider,

except with development consent.

(3)

Development to which subclause (2) (a), (b) or (c) applies is complying development if it consists only of:

• (a)

  internal alterations to a building, or

• (b)

  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm x 100mm x 100mm.

(4)

A complying development certificate issued in respect of complying development under subclause (3) is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

Part 414–19

(Repealed)

Schedule 1Ancillary or incidental development involving acid sulfate soils excepted from clause 10

(Clause 10 (3) (i))

Development for which the following provisions require consent is excepted from clause 10:

• •

  Clause 20A of Sydney Regional Environmental Plan No 24—Homebush Bay Area

• •

  Clause 83 of Sydney Regional Environmental Plan No 28—Parramatta

• •

  Clause 40 of Grafton Local Environmental Plan 1988

• •

  Clause 56 of Kempsey Local Environmental Plan 1987

• •

  Clause 18 of Maclean Local Environmental Plan 2001

• •

  Clause 66 of Nambucca Local Environmental Plan 1995

• •

  Clause 18A of Richmond River Local Environmental Plan 1992

• •

  Clause 27 of City of Shoalhaven Local Environmental Plan 1985

• •

  Clause 35 of Tweed Local Environmental Plan 2000

• •

  Clause 41 of Holroyd Local Environmental Plan 1991

• •

  Clause 23 of Coffs Harbour City Local Environmental Plan 2000

• •

  Clause 25A of Concord Planning Scheme Ordinance

• •

  Clause 2A of Interim Development Order No 8—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 9—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 10—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 11—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 14—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 15—Municipality of Concord

• •

  Clause 2A of Interim Development Order No 16—Municipality of Concord

• •

  Clause 4A of Interim Development Order No 18—Municipality of Concord

• •

  Clause 28A of Lismore Local Environmental Plan 2000

• •

  Clause 57 of Marrickville Local Environmental Plan 2001

• •

  Clause 41 (5) of North Sydney Local Environmental Plan 2001

• •

  Clause 34 of Parramatta Local Environmental Plan 2001

• •

  Clause 22 of Bankstown Local Environmental Plan 2001

• •

  Clause 61A of Dungog Local Environmental Plan 1990

• •

  Clause 36 of Ballina Local Environmental Plan 1987

• •

  Clause 30A of Botany Local Environmental Plan 1995

• •

  Clause 15 of Wyong Local Environmental Plan 1991

• •

  Clause 13A of Kogarah Local Environmental Plan 1998

• •

  Clause 51A of Port Stephens Local Environmental Plan 2000

• •

  Clause 27A of Fairfield Local Environmental Plan 1994

• •

  Clause 37A of Hawkesbury Local Environmental Plan 1989

• •

  Clause 41 of Shellharbour Rural Local Environmental Plan 2004

• •

  Clause 22A of Hurstville Local Environmental Plan 1994

• •

  Clause 25D of Woollahra Local Environmental Plan 1995

• •

  Clause 33F of Liverpool City Centre Local Environmental Plan 2007

Schedule 2Land excepted from clauses 6–10

(Clause 4 (6))

Albury City local government area

Armidale Dumaresq local government area

Ashfield local government area

Bankstown local government area

Ballina local government area

Balranald local government area

Barraba local government area

Bathurst City local government area

Baulkham Hills local government area

Bega Valley local government area

Bellingen local government area

Berrigan local government area

Bingara local government area

Blacktown City local government area

Bland local government area

Blayney local government area

City of Blue Mountains

Bogan local government area

Bombala local government area

Boorowa local government area

Botany Bay City

Bourke local government area

Brewarrina local government area

Broken Hill City

Burwood local government area

Byron local government area

Cabonne local government area

Camden local government area

City of Campbelltown local government area

Canterbury City local government area

Carrathool local government area

Casino local government area

Central Darling local government area

City of Cessnock local government area

Clarence Valley local government area

Cobar local government area

Coffs Harbour City local government area

Conargo local government area

Concord local government area

Coolah local government area

Coolamon local government area

Cooma-Monaro local government area

Coonabarabran local government area

Coonamble local government area

Cootamundra local government area

Corowa local government area

Cowra local government area

Crookwell local government area

Culcairn local government area

Deniliquin local government area

Land to which Drummoyne Local Environmental Plan 1986 applies

Land to which Dubbo Local Environmental Plan 1997—Rural Areas applies

Land to which Dubbo Local Environmental Plan 1998—Urban Areas applies

Dungog local government area

Eurobodalla local government area

Evans local government area

Fairfield City local government area

Forbes local government area

Gilgandra local government area

Glen Innes local government area

Gloucester local government area

Gosford City local government area

Goulburn City local government area

Great Lakes local government area

City of Greater Lithgow local government area

Greater Taree City local government area

City of Griffith local government area

Gundagai local government area

Gunnedah local government area

Gunning local government area

Guyra local government area

Harden local government area

Hastings local government area

Land to which Hawkesbury Local Environmental Plan 1989 applies

Hay local government area

Holbrook local government area

Holroyd City local government area

Hornsby local government area

Hume local government area

Hunters Hill local government area

Hurstville City local government area

Inverell local government area

Jerilderie local government area

Junee local government area

Kempsey local government area

Kiama local government area

Kogarah local government area

Ku-ring-gai local government area

Kyogle local government area

Lachlan local government area

Lake Macquarie City local government area

Lane Cove local government area

Leeton local government area

Land within the Leeton local government area to which Leeton Local Environmental Plan No 35 applies

Leichhardt local government area

Lismore City local government area

Liverpool City local government area

Lockhart Shire Council’s local government area

City of Maitland local government area

Manilla local government area

Manly local government area

Marrickville local government area

Merriwa local government area

Moree Plains local government area

Mosman local government area

Mudgee local government area

Mulwaree local government area

Murray local government area

Murrumbidgee local government area

Murrurundi local government area

Muswellbrook local government area

Nambucca local government area

Narrabri local government area

Narrandera local government area

Narromine local government area

Newcastle City local government area

North Sydney Local Government Area

Nundle local government area

Oberon local government area

City of Orange

Parkes local government area

City of Parramatta local government area

Parry local government area

Penrith City

Pittwater local government area

Port Stephens local government area

Queanbeyan City local government area

Quirindi local government area

Richmond River local government area

Rockdale City local government area

City of Ryde local government area

Rylstone local government area

Scone local government area

Severn local government area

Shellharbour City local government area

City of Shellharbour local government area

City of Shoalhaven local government area

Singleton local government area

Snowy River local government area

City of South Sydney including all land shown deferred under South Sydney Local Environmental Plan 1998, but excluding land covered by Sydney Regional Environmental Plan No 26—Eveleigh Precinct and State Environmental Planning Policy No 47—Moore Park Showground

Strathfield local government area

Land to which Sutherland Shire Local Environmental Plan 2006 (including any land excluded from that plan under section 68 (5) or 70 (4) of the Act) applies

Tallaganda local government area

Tamworth

Temora local government area

Tenterfield local government area

Tumbarumba Local Government area

Tumut local government area

Tweed local government area

Uralla local government area

Urana local government area

City of Wagga Wagga local government area

Wakool local government area

Walcha local government area

Walgett local government area

Warren local government area

Waverley local government area

Land within Waverley local government area to which Waverley and Woollahra Joint Local Environmental Plan 1991—Bondi Junction Commercial Centre applies

Weddin local government area

Wellington local government area

Wentworth local government area

Willoughby City local government area

Windouran local government area

Wingecarribee local government area

Wollondilly local government area

Wollongong City local government area

Woollahra local government area (but only land subject to Woollahra Local Environmental Plan 1995 or Woollahra Local Environmental Plan No 24 or 27)

Land within Woollahra local government area to which Waverley and Woollahra Joint Local Environmental Plan 1991—Bondi Junction Commercial Centre applies

Wyong Local Government Area

Yallaroi local government area

Yarrowlumla local government area

Yass local government area

Land to which Young Local Environmental Plan 1991—Urban Lands applies

Land to which Young Local Environmental Rural Plan 1993 applies

Land to which Sydney Regional Environmental Plan No 29—Rhodes Peninsula applies

Land to which Sydney Regional Environmental Plan No 30—St Marys applies

Land to which Sydney Regional Environmental Plan No 33—Cooks Cove applies

Land shown edged heavy black on the map marked “State Environmental Planning Policy (Infrastructure) 2007—White Bay and Glebe Island Ports” held in the head office of the Department