State Environmental Planning Policy No 51—Eastern Distributor (NSW)

His Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Urban Affairs and Planning.

Minister for Urban Affairs and Planning

1Name of Policy

This Policy is the State Environmental Planning Policy No 51—Eastern Distributor.

2Aims of Policy(1)

This Policy aims to co-ordinate the orderly and economic development of land comprising the site of the Eastern Distributor by enabling all parts of the Eastern Distributor to be subject to a consistent process of assessment under Part 5 of the Environmental Planning and Assessment Act 1979.

(2)

This Policy provides that development for the purpose of the Eastern Distributor may be carried out without development consent. Consequently, that development will be assessed under Part 5 of the Environmental Planning and Assessment Act 1979.

3Definitions(1)

In this Policy:

Eastern Distributor means a roadway linking the Cahill Expressway, Woolloomooloo, to Mill Pond Road, Botany, including associated works and facilities such as (but not limited to):

• •

  tunnels

• •

  accesses and embankments

• •

  buildings and other facilities for the administration and control of matters relating to the construction of the roadway and the construction and provision of associated works and facilities

• •

  amplifications

• •

  toll plazas and booths

• •

  ventilation shafts

• •

  pedestrian access and bridges

• •

  means of access for emergency purposes

• •

  means of access to the site that are required during the construction process

• •

  temporary roads during the construction period

• •

  pump stations

• •

  associated construction sites and areas for storage of plant

• •

  associated rectification and landscaping.

extractive material means sand, gravel, clay, turf, rock, soil, stone or similar substances.

(2)

Notes in this Policy are explanatory notes and do not form part of this Policy.

4Land to which Policy applies

This Policy applies to the local government areas of the City of Sydney, the City of South Sydney, the City of Randwick and the City of Botany Bay.

5Development permissible without development consent(1)

A person may carry out development for the purpose of the Eastern Distributor without development consent.

Note—

As a consequence of this provision, the effect on the environment of development for the purpose of the Eastern Distributor will be subject to assessment under Part 5 of the Environmental Planning and Assessment Act 1979.

(2)

A person may carry out development for the purpose of winning or obtaining extractive material without development consent if the extractive material is won or obtained as part of the construction of the Eastern Distributor.

Note—

As a consequence of this provision, the effect on the environment of the winning or obtaining of extractive material as part of the construction of the Eastern Distributor will be subject to assessment under Part 5 of the Environmental Planning and Assessment Act 1979.

6Relationship to other environmental planning instruments

In the event of an inconsistency between this Policy and another environmental planning instrument whether made before or after this Policy (including State Environmental Planning Policy No 31—Sydney (Kingsford Smith) Airport), this Policy prevails to the extent of the inconsistency.