State Environmental Planning Policy (Planning Systems) 2021 (NSW)
This Policy is State Environmental Planning Policy (Planning Systems) 2021.
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
In this Policy—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
The aims of this Chapter are as follows—
(a) to identify development that is State significant development,
(b) to identify development that is State significant infrastructure and critical State significant infrastructure,
(c) to identify development that is regionally significant development.
In this Chapter—
(a) coastal waters of the State, or
(b) land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018), or
(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(d) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or
(e) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or
(f) land identified in an environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(g) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or
(h) land, places, buildings or structures listed on the State Heritage Register under the Heritage Act 1977, or
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
(a) for the following sites identified in Schedule 2—the State Environmental Planning Policy (State and Regional Development) 2011—State Significant Development Sites Map—
(i) Barangaroo Site,
(ii) Bays Precinct Site,
(iii) Bella Vista and Kellyville Station Precincts Sites,
(iv) Broadway (CUB) Site,
(v) Darling Harbour Site,
(vi) Fox Studios, Moore Park Showgrounds and Sydney Sports Stadiums Site,
(vii) Luna Park Site,
(viii) North Penrith Site,
(ix) North Ryde Station Precinct Site,
(x) Penrith Lakes Site,
(xi) Redfern-Waterloo Sites,
(xii) Royal Randwick Racecourse Site,
(xiii) Showground Station Precinct Site,
(xiv) Sydney Olympic Park Site,
(xv) Sydney Opera House Site,
(xvi) Taronga Zoo Site,
(xvii) The Rocks Site,
(xviii) Warnervale Town Centre Site,
(xix) Waterloo Metro Quarter, or
(b) otherwise—the State Environmental Planning Policy (Planning Systems) 2021—State Significant Development Sites Map.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Words and expressions used in this Chapter have (in relation to State significant infrastructure) the same meaning as they have in Division 5.2 of the Act.
Words and expressions used in this Chapter have (subject to this section) the same meaning as they have in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
Notes included in this Chapter do not form part of this Chapter.
A reference in this Chapter to a named map adopted by this Chapter 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 Chapter 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 Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
A reference in this section to an environmental planning instrument includes a reference to an order of the Minister that amends an environmental planning instrument.
This Chapter applies to the State.
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
Development is declared to be State significant development for the purposes of the Act if—
(a) the development on the land concerned is, by the operation of an environmental planning instrument, not permissible without development consent under Part 4 of the Act, and
(b) the development is specified in Schedule 1 or 2.
If a single proposed development the subject of one development application comprises development that is only partly State significant development declared under subsection (1), the remainder of the development is also declared to be State significant development, except for—
(a) so much of the remainder of the development as the Director-General determines is not sufficiently related to the State significant development, and
(b) coal seam gas development on or under land within a coal seam gas exclusion zone or land within a buffer zone (within the meaning of clause 9A of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007), and
(c) development specified in Schedule 1 to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
This section does not apply to development that was the subject of a certificate in force under clause 6C of State Environmental Planning Policy (Major Development) 2005 immediately before the commencement of this Chapter.
Despite subsection (1), development specified in Schedule 1 is not declared to be State significant development if the development is carried out on land to which State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 6 applies.
Development does not require consent under Part 4 of the Act merely because it is declared to be State significant development under this section. Any such development that, under an environmental planning instrument, is permitted without consent may be an activity subject to Part 5 of the Act or State significant infrastructure subject to Division 5.2 of the Act. Any such development that is permitted without consent may become State significant development requiring consent if it is part of a single proposed development that includes other development that is State significant development requiring consent (see section 4.38(4) of the Act and subsection (2)).
The Independent Planning Commission is declared, under section 4.5(a) of the Act, to be the consent authority for any of the following development that is State significant development unless the application to carry out the development is made by or on behalf of a public authority or unless the development is declared to be State significant infrastructure related development under subsection (2)—
(a) development in respect of which the council of the area in which the development is to be carried out has duly made a submission by way of objection under the mandatory requirements for community participation in Schedule 1 to the Act,
(b) development in respect of which at least 50 submissions (other than from a council) have duly been made by way of objection under the mandatory requirements for community participation in Schedule 1 to the Act,
(c) development the subject of a development application made by a person who has disclosed a reportable political donation under section 10.4 to the Act in connection with the development application.
Under section 4.5(a) of the Act, the Minister is the consent authority for State significant development if the Independent Planning Commission has not been declared to be the consent authority for the development by an environmental planning instrument.
The Minister may, if of the opinion that any State significant development is related to State significant infrastructure, declare, by Ministerial planning order, that the development is State significant infrastructure related development for the purposes of this section.
The Independent Planning Commission is also declared, under section 4.5(a) of the Act, to be the consent authority in respect of an application to modify a development consent that is made by a person who has disclosed a reportable political donation under section 10.4 of the Act in connection with the modification application.
This section extends to development the subject of development applications that were made before the commencement of this section and that have not been determined on that commencement.
However, this section does not apply to development the subject of a development application that was made before the commencement of this section if the Minister notified the Planning Assessment Commission in writing before that commencement that the Minister would determine the development application.
For the purposes of subsection (1)(b), each of the following is to be counted as 1 submission—
(a) a petition,
(b) any submissions that contain the same or substantially the same text.
Despite subsection (1), the Independent Planning Commission is not declared to be the consent authority for development specified in subsection (1)(a) or (b) if the development is also development specified in—
(a) Schedule 1, section 26A, or
(b) Schedule 1, section 27, or
(c) Schedule 1, section 28, or
(d) Schedule 2, section 19.
(Repealed)
If, but for this section—
(a) particular development would be State significant development, and
(b) a provision of an environmental planning instrument (whether made before or after this Chapter takes effect) provides that the particular development is complying development, and
(c) the particular development is not carried out as part of other development that is State significant development,
the particular development is not State significant development.
A subdivision certificate may be issued by an accredited certifier for a subdivision that is State significant development in accordance with section 6.5(3)(a) of the Act.
Development control plans (whether made before or after the commencement of this Chapter) do not apply to—
(a) State significant development, or
(b) development for which a relevant council is the consent authority under section 4.37 of the Act.
A requirement of an environmental planning instrument that a development control plan be prepared before development consent can be granted to development does not apply to—
(a) State significant development, or
(b) development for which a relevant council is the consent authority under the Act, section 4.37.
If—
(a) development is specified in Schedule 1 or 2 to this Chapter by reference to a minimum estimated development cost, other minimum size or other aspect of the development, and
(b) development the subject of a concept development application under Part 4 of the Act is development so specified,
any part of the development that is the subject of a separate development application is development specified in the relevant Schedule (whether or not that part of the development exceeds the minimum value or size or other aspect specified in the Schedule for such development).
Sections 2.8–2.10 extend to State significant development declared under section 4.36(3) of the Act.
In this division—
(a) development for the purposes of residential accommodation, or
(b) a mixed use development that includes development for the purposes of residential accommodation.
This division applies to residential SSD.
This division is repealed on 30 November 2027.
This division prevails over another environmental planning instrument, whether made before or after this section, to the extent of an inconsistency.
This subdivision applies to residential SSD that is required to hold a competitive design process or an architectural design competition under a provision of an environmental planning instrument specified in the table to this section.
Column 1 | Column 2 |
Bayside Local Environmental Plan 2021 | Clause 6.10(5) |
Canada Bay Local Environmental Plan 2013 | Clauses 6.14(5) and 7.2(4) |
Newcastle Local Environmental Plan 2012 | Clause 7.5(4) |
Parramatta Local Environmental Plan 2023 | Clauses 6.13(5), 7.14(2), 7.33(2)(a) and 9.3(5) |
Penrith Local Environmental Plan 2010 | Clause 8.4(3) |
Randwick Local Environmental Plan 2012 | Clause 6.21(5) |
Ryde Local Environmental Plan 2014 | Clause 6.13(5) |
State Environmental Planning Policy (Precincts—Central River City) 2021 | Appendix 4, section 30(3) |
State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021 | Appendix 5, section 19(3) |
State Environmental Planning Policy (Precincts—Western Parkland City) 2021 | Section 4.32(2)(a) |
Strathfield Local Environmental Plan 2012 | Clause 6.7(5) |
Sydney Local Environmental Plan 2012 | Clause 6.21D |
Sydney Local Environmental Plan (Green Square Town Centre) 2013 | Clause 6.9(5) |
Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013 | Clause 6.9(5) |
The Hills Local Environmental Plan 2019 | Clauses 8.6(5)(b) and 9.5(5)(b) |
Tweed City Centre Local Environmental Plan 2012 | Clause 6.10(4) |
Waverley Local Environmental Plan 2012 | Clause 6.10(3) |
Willoughby Local Environmental Plan 2012 | Clause 6.23(6)(b) |
Despite any requirement to hold a competitive design process or architectural design competition in relation to residential SSD to which this subdivision applies, development consent may be granted to residential SSD if—
(a) the applicant has made an application to the Government Architect NSW for an ADE pathway, and
(b) the Government Architect NSW has approved the application, and
(c) a design review panel nominated in the application has reviewed the design of the development, and
(d) the consent authority has considered the advice of the design review panel.
An application under subsection (1)(a) for an ADE pathway must be prepared in accordance with the requirements set out in the State Significant Development: Housing Design Competition Exemption Pathway Advisory Note published by the Department in November 2025.
In this section—
(a) nominated by the applicant and approved by the Government Architect NSW, or
(b) established by the consent authority.
This section applies to land to which Sydney Local Environmental Plan 2005 applies.
Despite Sydney Local Environmental Plan 2005, subclause 26(4), where a development plan is in force for a site that is residential SSD, the consent authority is not required to consider whether the design of the new or altered building is the result of a competitive process.
Development is declared, pursuant to section 5.12(2) of the Act, to be State significant infrastructure for the purposes of the Act if—
(a) the development on the land concerned is, by the operation of a State environmental planning policy, permissible without development consent under Part 4 of the Act, and
(b) the development is specified in Schedule 3.
State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Major Development) 2005 are among the environmental planning instruments under which particular development may be carried out without development consent.
If a single proposed development comprises development that is only partly State significant infrastructure declared under subsection (1), the remainder of the development (except so much of the remainder of the development as is State significant development or as the Director-General determines is not sufficiently related to the State significant infrastructure)—
(a) may be carried out without development consent under Part 4 of the Act, and
(b) is also declared to be State significant infrastructure for the purposes of the Act.
Development specified in Schedule 4 is declared, pursuant to section 5.12(4) of the Act, to be State significant infrastructure for the purposes of the Act.
Development specified in Schedule 5—
(a) may be carried out without development consent under Part 4 of the Act, and
(b) is declared to be State significant infrastructure for the purposes of the Act if it is not otherwise so declared, and
(c) is declared to be critical State significant infrastructure for the purposes of the Act.
If, but for this section—
(a) particular development would be State significant infrastructure, and
(b) a provision of an environmental planning instrument (whether made before or after this Chapter takes effect) provides that the particular development is exempt development, and
(c) the particular development is not carried out as part of other development that is State significant infrastructure,
the particular development is not State significant infrastructure.
A subdivision certificate may be issued by an accredited certifier for a subdivision that is State significant infrastructure in accordance with section 6.5(3)(a) of the Act.
If—
(a) development is specified in Schedule 3, 4 or 5 to this Chapter by reference to a minimum estimated development cost, other minimum size or other aspect of the development, and
(b) development the subject of a staged infrastructure application under Division 5.2 of the Act is development so specified,
any part of the development that is the subject of a separate application for approval under Division 5.2 of the Act is development specified in the relevant Schedule (whether or not that part of the development exceeds the minimum value, size or other aspect specified in the Schedule for such development).
Development specified in Schedule 6 is declared to be regionally significant development for the purposes of the Act.
However, the following development is not declared to be regionally significant development—
(a) complying development,
(b) development for which development consent is not required,
(c) development that is State significant development,
(d) development for which a person or body other than a council is the consent authority,
(e) development within the area of the City of Sydney.
If—
(a) development specified in Schedule 6 is described in that Schedule by reference to a minimum estimated development cost, other minimum size or other aspect of the development, and
(b) development the subject of a concept development application under Part 4 of the Act is development so specified,
any part of the development that is the subject of a separate development application is development specified in Schedule 6, but only if that part of the development exceeds the minimum value or size or other aspect specified in that Schedule for the development.
Despite any other provision of this Chapter, development identified by this Chapter as State significant development is not State significant development if—
(a) the development is the subject of a development application that was made, but not determined, before the development was so identified, and
(b) the consent authority for that development application was a council or a Sydney district or regional planning panel.
The Minister continues to be the consent authority for a development application for development referred to in Schedule 6 to State Environmental Planning Policy (Major Development) 2005 (as in force immediately before the amendment of that Schedule by this Chapter) if the development application was made, but not determined by the Minister, before the commencement of this Chapter.
If any development that is not regionally significant development becomes regionally significant development because of an amendment of this Chapter and the development is the subject of a development application that has not been determined when this Chapter is so amended, the development does not become regionally significant development for the purposes of that application.
If any development that is regionally significant development ceases to be regionally significant development because of an amendment of this Chapter and the development is the subject of a development application that has not been determined when this Chapter is so amended, the development does not cease to be regionally significant development for the purposes of that application.
A reference in an environmental planning instrument, an instrument made under an environmental planning instrument or any other administrative instrument made under the Act to a provision of Part 3 of the State Environmental Planning Policy (Major Development) 2005, as in force before the commencement of this Chapter, is taken to be a reference to the corresponding provision of this Chapter.
To avoid doubt, any part of development that is the subject of a separate development application as referred to in section 2.20 is, on and from the amendment of that section on 1 August 2020 by State Environmental Planning Policy (State and Regional Development) Amendment (Regional Panel Development Applications) 2020, development specified in Schedule 6 only if that part exceeds the minimum value or size or other aspect specified in that Schedule for the development—
(a) even if the application was made, but not finally determined, before 1 August 2020, and
(b) even if consent was granted on the determination of the relevant concept development application before 1 August 2020.
An amendment to this policy made by the amending policy, other than an amendment made by the amending policy, Schedule 1[1], does not apply to a development application if—
(a) environmental assessment requirements were notified under the Act in relation to the development no more than 2 years before the commencement of the amending policy, and
(b) the development application is made within 2 years after the day on which the environmental assessment requirements were notified.
In this section—
The aims of this Chapter are—
(a) to provide for development delivery plans for areas of land owned by Aboriginal Land Councils to be considered when development applications are considered, and
(b) to declare specified development carried out on land owned by Aboriginal Land Councils to be regionally significant development.
In this Chapter—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Notes included in this Chapter do not form part of this Chapter.
This Chapter applies to land owned by an Aboriginal Land Council.
In the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
(Repealed)
The Minister is to approve development delivery plans for land to which this Chapter applies.
The Minister must not approve a development delivery plan unless—
(a) the Minister is satisfied that the plan was prepared by or on behalf of the Aboriginal Land Council that owns the land (the
responsible Aboriginal Land Council ), or(b) if the plan was prepared by or on behalf of the Minister, the responsible Aboriginal Land Council was consulted on the proposed plan and the Minister has considered any submissions made by the responsible Aboriginal Land Council.
The Minister may amend or refuse to approve a development delivery plan prepared by or on behalf of the responsible Aboriginal Land Council.
The Minister is to consult with the responsible Aboriginal Land Council and to consider any submissions made by the responsible Aboriginal Land Council before amending a proposed development delivery plan prepared by the responsible Aboriginal Land Council.
A development delivery plan is taken to be approved by the Minister on the day on which it is published in the Gazette or the NSW planning portal.
An approved development delivery plan may be amended or replaced by the Minister at the request of the responsible Aboriginal Land Council or at the Minister’s discretion.
The Minister is to make approved development delivery plans, and amendments to those plans, publicly available.
A development delivery plan may apply to—
(a) certain land owned by an Aboriginal Land Council, or
(b) all land owned by the same Aboriginal Land Council.
A development delivery plan for land must—
(a) identify the land to which the plan applies,
(b) set out the general objectives of the Aboriginal Land Council for the land, and
(c) set out the nature of development proposed for the land, and
(d) set out the basis on which the development is proposed, having regard to applicable economic, social and environmental factors, and
(e) set out strategies, actions and a program for achieving the objectives for the land, and
(f) contain other matters that the Minister thinks appropriate.
A development delivery plan may also set out 1 or more of the following matters—
(a) the bulk, scale and size of development proposed for the land to which the plan applies,
(b) measures to support Aboriginal cultural heritage that may be affected by development proposed for the land,
(c) measures to support strategic biodiversity conservation relating to the land,
(d) proposals for provision for public utility infrastructure and roads.
A responsible Aboriginal Land Council or the Minister must have regard to the following when preparing a development delivery plan or an amendment to a plan—
(a) a regional strategic plan that applies to the region in which the land to which the plan applies is situated,
(b) the community, land and business plan adopted by the responsible Aboriginal Land Council under the Aboriginal Land Rights Act 1983,
(c) any other matters the Aboriginal Land Council or Minister considers relevant.
(Repealed)
A consent authority must have regard to matters referred to in section 3.7(2) that are included in a development delivery plan that is applicable to land to which this Chapter applies when determining an application for development consent to carry out development on that land.
This Part does not apply to development on land to which this Chapter applies unless a development delivery plan is in force under this Chapter for the land.
The following development on land to which this Chapter applies owned by an Aboriginal Land Council is declared to be regionally significant development for the purposes of the Act—
(a) development that has an estimated development cost of more than $5 million,
(b) development in respect of which more than 50 submissions are received after the development application for the development is placed on public exhibition,
(c) development for which a development application to the relevant council has been lodged but not determined within 60 days after the application was lodged and that is the subject of a written request to the council by the applicant for the application to be dealt with by a regional panel, unless the chairperson of the regional panel determines that the delay in determining the application was caused by the applicant.
If development the subject of a concept development application under Part 4 of the Act is development that has an estimated development cost of more than $5 million, a part of the development that is the subject of a separate development application is taken to be development specified by subsection (1) (whether or not that part of the development has an estimated development cost of more than $5 million).
However, the following development is not declared to be regionally significant development—
(a) complying development,
(b) development for which development consent is not required,
(c) development that is State significant development,
(d) development for which a person or body other than a council is the consent authority,
(e) development within the area of the City of Sydney.
This section applies to a development application (an
(a) relates to land to which this Chapter applies, and
(b) was made before the application of this Chapter to the land, and
(c) was not determined before the application of this Chapter to the land.
Development that is the subject of an existing application is not regionally significant development for the purposes of the development application.
Section 3.8 applies to the determination of an existing application.
This Chapter applies to the State.
If there is an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
If a person whose concurrence to development is required to be obtained by a relevant provision fails to inform a consent authority of the decision concerning concurrence within the time allowed for doing so, the Planning Secretary may elect to act in the place of the person for the purposes of deciding whether to grant concurrence to the development.
The election must be made by notice in writing given to the consent authority.
In deciding whether to grant concurrence, the Planning Secretary must take into consideration the matters that the relevant provision states that the person must take into consideration in deciding whether concurrence should be granted.
The Planning Secretary must give written notice of the Planning Secretary’s decision concerning the concurrence within the time allowed by the regulations.
The person may continue to decide whether to grant concurrence to the development and, accordingly, continues to be a concurrence authority in relation to the development, until the Planning Secretary gives written notice to the consent authority of the Planning Secretary’s decision (if any) concerning the concurrence.
The Planning Secretary ceases to be able to make an election under this section or to continue to be a concurrence authority in relation to the development after the person gives written notice to the consent authority of the person’s decision (if any) concerning the concurrence.
A written notice required to be given under this section may be given by means of the NSW Planning Portal.
In this section—
(a) State Environmental Planning Policy (Biodiversity and Conservation) 2021, section 6.64,
(b) State Environmental Planning Policy (Precincts—Central River City) 2021, section 3.19 and Appendices 7, 9 and 11, section 6.10,
(c) State Environmental Planning Policy (Precincts—Western Parkland City) 2021, section 3.19,
(d) State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.97, 2.99, 2.101 and 3.22.
State Environmental Planning Policy No 1—Development Standards and State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007, as in force immediately before the repeal of those policies, continue to apply to any of the following that are in force as if those policies had not been repealed—
(a) Sydney Cove Redevelopment Authority Scheme,
(b) Town and Country Planning (General Interim Development) Ordinance,
(c) each Planning Scheme Ordinance,
(d) each Interim Development Order.
State Environmental Planning Policy No 1—Development Standards, as in force immediately before its repeal, continues to apply to an application made under clause 6 of that Policy if the application was made, but not finally determined, before that repeal.
Section 30(2)(d) of the Interpretation Act 1987 provides that the repeal of a statutory rule does not affect the operation of any savings or transitional provision contained in the statutory rule. Section 5(6) of that Act provides that section 30 also applies to an environmental planning instrument. This means that the above provision continues to have effect despite the repeal of this Chapter.
(Section 2.6(1))
Development for the purpose of intensive livestock agriculture that has an estimated development cost of more than $30 million.
Development for the purpose of aquaculture that has an estimated development cost of more than $30 million.
Development for the purpose of aquaculture located in an environmentally sensitive area of State significance.
This section does not apply to development for the purpose of oyster aquaculture.
Subsection (3) is affected by clause 19 of State Environmental Planning Policy No 62—Sustainable Aquaculture, which relates to applications under the Act with respect to oyster aquaculture that were made but not finally determined prior to 1 August 2005.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) abattoirs or meat packing, boning or products plants, milk or butter factories, fish packing, processing, canning or marketing facilities, animal or pet feed production, gelatine plants, tanneries, wool scouring or topping or rendering plants,
(b) cotton gins, cotton seed mills, sugar mills, sugar refineries, grain mills or silo complexes, edible or essential oils processing, breweries, distilleries, ethanol plants, soft drink manufacture, fruit juice works, canning or bottling works, bakeries, small goods manufacture, cereal processing, margarine manufacturing or wineries,
(c) organic fertiliser plants or composting facilities or works.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) milling plants, sawmills, log processing works, wood-chipping or particle board manufacture,
(b) manufacture of paper, pulp, cardboard or newsprint,
(c) paper recycling,
(d) wood preservation,
(e) charcoal plants,
but not including development for the purpose of plantations (unless it is ancillary to other development specified in this section).
Development for the purpose of mining that—
(a) is coal or mineral sands mining, or
(b) is in an environmentally sensitive area of State significance, or
(c) has an estimated development cost of more than $30 million.
Extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.
Development for the purpose of mining related works (including primary processing plants or facilities for storage, loading or transporting any mineral, ore or waste material) that—
(a) is ancillary to or an extension of another State significant development project, or
(b) has an estimated development cost of more than $30 million.
Development for the purpose of underground coal gasification.
This section does not apply to development specified in Schedule 1 to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
Development for the purpose of petroleum production.
Development for the purpose of petroleum related works (including pipelines and processing plants) that—
(a) is ancillary to or an extension of another State significant development project, or
(b) has an estimated development cost of more than $30 million.
This section does not apply to coal seam gas development on or under land within a coal seam gas exclusion zone or land within a buffer zone (within the meaning of clause 9A of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007).
In this section,
Development for the purpose of extractive industry that—
(a) extracts more than 500,000 tonnes of extractive materials per year, or
(b) extracts from a total resource (the subject of the development application) of more than 5 million tonnes, or
(c) extracts from an environmentally sensitive area of State significance.
Subsection (1)(c) does not apply to extraction—
(a) by a public authority in maintenance dredging of a tidal waterway, or
(b) in maintenance dredging of oyster lease areas, or adjacent areas, in Wallis Lake.
Development for the purpose of extractive industry related works (including processing plants, water management systems, or facilities for storage, loading or transporting any construction material or waste material) that—
(a) is ancillary to or an extension of another State significant development project, or
(b) has an estimated development cost of more than $30 million.
This section does not apply to development for the purpose of extractive industry or extractive industry related works that is part of a single proposed development if any other part of the development is State significant infrastructure.
This section does not apply to development specified in Schedule 1 to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
Development for the purpose of injection and geological storage of greenhouse gases.
Development for the purpose of drilling or operating greenhouse gas geological exploration wells (not including stratigraphic boreholes or monitoring wells).
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) metal or mineral refining or smelting, metal founding, rolling, drawing, extruding, coating, fabricating or manufacturing works or metal or mineral recycling or recovery,
(b) brickworks, ceramic works, silicon or glassworks or tile manufacture,
(c) cement works, concrete or bitumen pre-mix industries or related products,
(d) building or construction materials recycling or recovery.
Development that has an estimated development cost of more than $30 million for the purpose of the manufacture or reprocessing of the following (not including labelling or packaging)—
(a) soap, detergent or cleaning agents,
(b) paints, ink, dyes, adhesives, solvents,
(c) pesticides or inorganic fertiliser,
(d) pharmaceuticals or veterinary products,
(e) ammunition or explosives,
(f) oils, fuels, gas, petrochemicals or precursors,
(g) polymers, plastics, rubber or tyres,
(h) batteries or carbon black.
Development with an estimated development cost of more than $30 million for any of the following purposes—
(a) liquid fuel depots,
(b) gas storage facilities,
(c) chemical storage facilities.
Development for the purpose of the manufacture, storage or use of dangerous goods in such quantities that constitute the development as a major hazard facility within the meaning of Chapter 6B of the Occupational Health and Safety Regulation 2001.
This section does not apply to development on land within the area of the City of Sydney.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) laboratory, research or development facilities,
(b) medical products manufacturing,
(c) printing or publishing,
(d) textile, clothing, footwear or leather manufacturing,
(e) furniture manufacturing,
(f) machinery or equipment manufacturing,
(g) the vehicle, defence or aerospace industry,
(h) vessel or boat building and repair facilities (not including marinas).
Subsection (1)(b)–(f) does not apply to development on land within the area of the City of Sydney.
Development that has an estimated development cost of more than the relevant amount for the purpose of warehouses or distribution centres (including container storage facilities) at one location and related to the same operation.
Subsection (1) does not apply to the following development—
(a) development for the purposes of warehouses or distribution centres to which section 18 or 19 applies,
(b) development on land within the area of the City of Sydney.
In this section—
(a) for development in relation to which the relevant environmental assessment requirements are notified under the Act on or before 31 May 2023—$30 million, or
(b) for any other development—$50 million.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) film production, the television industry or digital or recorded media,
(b) convention centres and exhibition centres,
(c) entertainment facilities,
(d) information and education facilities, including museums and art galleries,
(e) recreation facilities (major),
(f) zoos, including animal enclosures, administration and maintenance buildings, and associated facilities.
Development for other tourist related purposes (but not including any commercial premises, residential accommodation and serviced apartments whether separate or ancillary to the tourist related component) that—
(a) has an estimated development cost of more than $100 million, or
(b) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance or a sensitive coastal location.
Subsection (2) does not apply to development on land within the area of the City of Sydney.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) hospitals,
(b) medical centres,
(c) health, medical or related research facilities (which may also be associated with the facilities or research activities of a NSW local health district board, a University or an independent medical research institute).
Subsection (1)(b) does not apply to development on land within the area of the City of Sydney.
Development that has an estimated development cost of more than $20 million that—
(a) is for the purpose of a new school, or
(b) involves the erection of a building for an existing school on land that, immediately before the commencement of the development, was not used for the purposes of a school.
Development for the purposes of the erection of a building, or alterations or additions to an existing building, at an existing school that has an estimated development cost of more than $50 million.
Development for the purposes of a tertiary institution, including an associated research facility, that has an estimated development cost of more than $50 million.
This section does not apply to development that consists only of development for the purposes of campus student accommodation within the site of a school or tertiary institution.
This section, as in force immediately before the commencement of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021, Schedule 2 continues to apply to a development application made but not finally determined before the commencement.
In this section—
Development for the purpose of a new correctional centre, or the expansion of an existing correctional complex, that has an estimated development cost of more than $30 million.
In this section—
Development for the purpose of air transport facilities that has an estimated development cost of more than $30 million.
Development for the purpose of port facilities or wharf or boating facilities (not including marinas) that has an estimated development cost of more than $30 million.
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) heavy railway lines associated with mining, extractive industries or other industry,
(b) railway freight terminals, sidings and inter-modal facilities.
Development within a rail corridor or associated with railway infrastructure that has an estimated development cost of more than $30 million for any of the following purposes—
(a) commercial premises or residential accommodation,
(b) container packing, storage or examination facilities,
(c) public transport interchanges.
Development for the purpose of electricity generating works or heat or their co-generation (using any energy source, including gas, coal, biofuel, distillate, waste, hydro, wave, solar or wind power) that—
(a) has an estimated development cost of more than $30 million, or
(b) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.
Development for the purpose of water storage or water treatment facilities (not including desalination plants) that has an estimated development cost of more than $30 million.
Development for the purpose of desalination plants that has an estimated development cost of more than $10 million.
Development for the purpose of sewerage systems that—
(a) handles more than 10,000 EP (equivalent population), or
(b) has an estimated development cost of more than $30 million, or
(c) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.
Development for the purpose of regional putrescible landfills or an extension to a regional putrescible landfill that—
(a) has a capacity to receive more than 75,000 tonnes per year of putrescible waste, or
(b) has a capacity to receive more than 650,000 tonnes of putrescible waste over the life of the site, or
(c) is located in an environmentally sensitive area of State significance.
Development for the purpose of waste or resource transfer stations in metropolitan areas of the Sydney region that handle more than 100,000 tonnes per year of waste.
Development for the purpose of resource recovery or recycling facilities that handle more than 100,000 tonnes per year of waste.
Development for the purpose of waste incineration that handles more than 1,000 tonnes per year of waste.
Development for the purpose of hazardous waste facilities that transfer, store or dispose of solid or liquid waste classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste that handles more than 1,000 tonnes per year of waste.
Development for the purpose of any other liquid waste depot that treats, stores or disposes of industrial liquid waste and—
(a) handles more than 10,000 tonnes per year of liquid food or grease trap waste, or
(b) handles more than 1,000 tonnes per year of other aqueous or non-aqueous liquid industrial waste.
Development for the purpose of remediation of land that is category 1 remediation work on significantly contaminated land if the work is required to be carried out under the Contaminated Land Management Act 1997 by a management order that requires—
(a) the taking of action of the kind referred to in section 16(d) or (g) of that Act, or
(b) the preparation of a plan of management that provides for the taking of any such action.
In this section,
Development for the purpose of data centres that has a total power consumption of more than the relevant amount.
Subsection (1) does not apply to development on land within the area of the City of Sydney.
In this section—
(a) for development in relation to which the relevant environmental assessment requirements are notified under the Act on or before 31 May 2023—10 megawatts, or
(b) for any other development—15 megawatts.
Development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation if the development—
(a) has an estimated development cost of more than $30 million, or
(b) will result in more than 75 dwellings.
Development carried out by or on behalf of Landcom if—
(a) the development—
(i) has an estimated development cost of more than $30 million, or
(ii) will result in more than 75 dwellings, and
(b) at least 50% of the gross floor area of the development will be used for the purposes of affordable housing.
Development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applies if—
(a) the part of the development that is residential development has an estimated development cost of—
(i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $75 million, or
Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.
(ii) for development on other land—more than $30 million, and
(b) the development does not involve development prohibited under an environmental planning instrument applying to the land.
In determining the estimated development cost for subsection (1)(a), the estimated development cost of existing residential development must be included if—
(a) the development will be carried out on the same land as the existing residential development, and
(b) the development will result in—
(i) for development on land to which subsection (1)(a)(i) applies—at least 40 additional dwellings, or
(ii) for development on land to which subsection (1)(a)(ii) applies—at least 20 additional dwellings.
This section does not apply to—
(a) development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4 applies, or
(b) a development application made, but not finally determined, before the commencement of this section.
This section, as in force immediately before the commencement of State Environmental Planning Policy Amendment (Housing) 2024, continues to apply to a development application made, but not finally determined, before the commencement.
Subsection (1A) applies only if the development application for the development is made—
(a) on or after 2 August 2024, and
(b) before 3 August 2025.
In this section—
Development permitted under the Housing SEPP, Chapter 3, Part 4 if—
(a) the proposed development has an estimated development cost of—
(i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $50 million, or
Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.
(ii) for development on other land—more than $30 million, and
(b) the tenanted component of the proposed development has a value of at least 60% of the estimated development cost of the proposed development, and
(c) for development on land in Zone B3 Commercial Core or Zone E2 Commercial Centre—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land, other than development for the purposes of multi dwelling housing, residential flat buildings or shop top housing, and
(d) for development on other land—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land.
Subsection (1) does not apply to development on land within the area of the City of Sydney.
Subsection (1)(d) does not apply to development on land for which a site compatibility certificate has been issued—
(i) under the Housing SEPP, section 39, or
(ii) State Environmental Planning Policy (Affordable Rental Housing) 2009, clause 37, as in force immediately before its repeal.
This section, as in force immediately before the commencement of State Environmental Planning Policy Amendment (Housing) 2024, continues to apply to a development application made, but not finally determined, before the commencement.
In this section—
Development for the purposes of seniors housing if—
(a) the seniors housing component has an estimated development cost of—
(i) for development on land in the Greater Sydney region—more than $30 million, or
(ii) otherwise—more than $20 million, and
(b) the seniors housing component includes a residential care facility, and
(c) other components of the proposed development are not prohibited on the land under an environmental planning instrument.
This section does not apply to development on land within the area of the City of Sydney.
Development on land shown on the Land Application Map under State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 4 if the proposed development—
(a) has an estimated development cost of more than $30 million, and
(b) does not involve development—
(i) prohibited under the Chapter, or
(ii) to which that Policy, section 4.13A applies.
Development for the purposes of cemeteries that will create at least 5,000 sites for the interment of human remains other than cremated remains.
In this section—
Development for the purposes of electricity generating works, industry or waste or resource management facilities—
(a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and
(b) with an estimated development cost of—
(i) if the development is located in an environmentally sensitive area of State significance—more than $10 million, or
(ii) otherwise—more than $30 million.
Development for the purposes of industry or waste or resource management facilities—
(a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and
(b) involving the incineration of more than 1,000 tonnes of waste per year.
This section does not apply to proposed development the subject of a development application made, but not finally determined, before this section commenced.
A word or expression used in this section has the same meaning as in the Protection of the Environment Operations (General) Regulation 2022, Chapter 9, Part 4, unless otherwise defined in this section.
In this section—
(Section 2.6(1))
All development on land identified as being within the Sydney Opera House Site on the State Significant Development Sites Map.
Development that has an estimated development cost of more than $10 million on land identified as being within any of the following sites on the State Significant Development Sites Map—
(a) Bays Precinct Site,
(b) Darling Harbour Site,
(c) (Repealed)
(d) Honeysuckle Site,
(e) Luna Park Site,
(f) Sydney Olympic Park Site,
(g) Redfern-Waterloo Sites,
(h) Taronga Zoo Site,
(i) Railway Terrace Site.
Development that has an estimated development cost of more than $10 million on land identified as being within the Barangaroo Site on the State Significant Development Sites Map.
Subdivision of land within the Barangaroo Site, other than a strata title subdivision, a community title subdivision, or a subdivision for any one or more of the following purposes—
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) rectifying an encroachment on a lot,
(e) creating a public reserve,
(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes or emergency service purposes or public conveniences.
Development on land identified as being within the Royal Randwick Racecourse Site on the State Significant Development Sites Map if—
(a) it has an estimated development cost of more than $10 million, or
(b) it is for the purposes of an event that is not a race day event.
Development that has an estimated development cost of more than $10 million on land identified as being within the Western Parklands on the Western Sydney Parklands Map within the meaning of State Environmental Planning Policy (Western Sydney Parklands) 2009.
Development on land identified as being within The Rocks Site on the State Significant Development Sites Map if—
(a) it has an estimated development cost of more than $10 million, or
(b) it does not comply with the approved scheme within the meaning of clause 27 of Schedule 1 to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.
Development on land identified as being within Fox Studios, Moore Park Showgrounds and Sydney Sports Stadiums Site on the State Significant Development Sites Map if—
(a) it has an estimated development cost of more than $10 million, or
(b) it is for the purposes of an event that is not a sporting event on land described in Schedule 4A, Part 1, Division 1 of the Sporting Venues Authorities Act 2008.
Development on land identified as being within the Penrith Lakes Site on the State Significant Development Sites Map if the development is for the purposes of extraction, rehabilitation or lake formation (including for the purposes of associated infrastructure on land located within or outside that Site).
Development on land identified as being within the Warnervale Town Centre Site on the State Significant Development Sites Map if the development—
(a) is for the purposes of retail premises having a floor space area of more than 5,000 square metres, and
(b) has an estimated development cost of more than $10 million.
(Repealed)
Development on land identified as being within the North Penrith Site on the State Significant Development Sites Map if the development is for the purposes of—
(a) a principal subdivision establishing major lots or public domain areas, or
(b) the creation of new roadways and associated works.
Development on land identified as being within the North Ryde Station Precinct Site on the State Significant Development Sites Map if the development is for the purposes of—
(a) a principal subdivision establishing major lots or public domain areas, or
(b) the creation of new roadways and associated works.
Development on land identified as being within the Bella Vista and Kellyville Station Precincts Sites on the State Significant Development Sites Map if the development is for the purposes of—
(a) a principal subdivision establishing major lots or public domain areas, or
(b) the creation of new roadways and associated works.
Development on land identified as being within the Showground Station Precinct Site on the State Significant Development Sites Map if the development is for the purposes of—
(a) a principal subdivision establishing major lots or public domain areas, or
(b) the creation of new roadways and associated works.
Development that has an estimated development cost of more than $75 million on land identified on the Land Application Map (within the meaning of State Environmental Planning Policy (Gosford City Centre) 2018).
Development carried out by or on behalf of Sydney Metro or the Planning Ministerial Corporation on land identified as being within the Waterloo Metro Quarter on the State Significant Development Sites Map if the development has an estimated development cost of more than $30 million.
Development that has an estimated development cost of more than $60 million on land identified as the Warrawong Site on the State Significant Development Sites Map.
Development on land identified as the Cherrybrook Station Government Land State Significant Precinct Site on the State Significant Development Sites Map if the development—
(a) is carried out by or on behalf of—
(i) Sydney Metro, or
(ii) the Planning Ministerial Corporation, and
(b) has an estimated development cost of more than $30 million.
Development for the purposes of residential accommodation on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map, if the development has an estimated development cost of more than $60 million.
A mixed use development on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map that includes development for the purposes of residential accommodation, if the part of the development that is for the purposes of residential accommodation has an estimated development cost of more than $60 million.
This section does not apply in relation to a development application made on or after 30 November 2027.
In this section—
Development on land identified as “WestConnex Dive Site” on the State Significant Development Sites Map, if the development is or includes development permitted under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4.
Development on land identified as “Kanwal Site” on the State Significant Development Sites Map, if the development has an estimated development cost of more than $60 million.
Development with an estimated development cost of more than $30 million on land identified as being within any of the following sites on the State Significant Development Sites Map—
(a) locomotive depot site,
(b) Newcastle Basketball Stadium and Newcastle PCYC site,
(c) Newcastle Showground site,
(d) Go Karts and stadium forecourt site.
Development on land identified as “Central Precinct” on the State Significant Development Sites Map if the development has a capital investment value of more than $30 million.
Development on land identified as “Chatswood Dive Site” on the State Significant Development Sites Map if the development has an estimated development cost of at least $30 million.
Development on land identified as “Port Kembla Land Transformation Precinct” on the State Significant Development Sites Map if the development has a capital investment value of more than $75 million.
(Section 2.13)
Development within a category specified in this Schedule is not State significant infrastructure unless it is development that may be carried out without development consent under Part 4 of the Act (see section 5.12(3) of the Act and section 2.13).
Infrastructure or other development that (but for Division 5.2 of the Act and within the meaning of Part 5 of the Act) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Part 5 of the Act.
This section does not apply to development if the proponent is a council or county council.
This section does not apply to development if, in the opinion of the proponent, its likely significant effect on threatened species is the only significant effect on the environment (whether or not an environmental impact statement is dispensed with under section 7.8 of the Biodiversity Conservation Act 2016).
This section does not apply to development specified in any other section of this Schedule.
Development for the purpose of port and wharf facilities or boating facilities (not including marinas) by or on behalf of a public authority that has an estimated development cost of more than $30 million.
Development for the purpose of rail infrastructure by or on behalf of the Australian Rail Track Corporation that has an estimated development cost of more than $50 million.
Development for the purpose of water storage or water treatment facilities (not including desalination plants) carried out by or on behalf of a public authority that has an estimated development cost of more than $30 million.
Subsection (1) does not apply to development for the purposes of upgrading water treatment facilities carried out by or on behalf of Sydney Water Corporation or Hunter Water Corporation.
Development for the purpose of desalination plants by or on behalf of a public authority that has an estimated development cost of more than $10 million.
Development for the purpose of a pipeline in respect of which—
(a) a licence is required under the Pipelines Act 1967, or
(b) an application for a licence is made under that Act on or after the commencement of this section, or
(c) a licence was granted under that Act before the commencement of this section.
The Pipelines Act 1967 enables a person to apply for and be granted a licence under that Act although a licence is not required by the Act for the pipeline concerned. Also, see Part 3 of Schedule 1 to the Pipelines Act 1967, which affects the operation of the Environmental Planning and Assessment Act 1979 with respect to pipelines.
Development for the purpose of submarine telecommunication cables (and any attached devices) laid on or under the seabed beneath the coastal waters of the State and below the mean high water mark, being cables used for communications between Australia and other countries.
Development on land reserved under the National Parks and Wildlife Act 1974 by a person other than a public authority—
(a) for a purpose authorised under section 151A(1)(b) of that Act, and
(b) that has an estimated development cost of more than $10 million.
(Section 2.14)
Section 5.12(4) of the Act provides a procedure for specified development on specified land to be declared State significant infrastructure by SEPP or by Ministerial order that amends a SEPP (any such declaration has effect whether or not the development would otherwise require consent under Part 4 of the Act). Clause 5 of Schedule 6A to the Act also provides such a procedure for declaring Part 3A projects to be State significant infrastructure and that clause applies to the development listed in Part 1 of this Schedule.
Development the subject of the following applications for approval under Part 3A of the Act—
(a) Concept plan application No MP 06_0157,
(b) Project application No MP 10_0203,
(c) Project application No MP 09_0204,
(d) Project application No MP 10_0146,
(e) Project application No MP 10_0201.
Development carried out by or on behalf of a public authority that has an estimated development cost of more than $30 million on land identified as being within the Northern Beaches Hospital Precinct on the State Significant Infrastructure Sites Map.
The Merimbula Sewage Treatment Plant Upgrade and Ocean Outfall project is an upgrading of the Merimbula Sewage Treatment Plant and the construction of a deep water ocean outfall transfer pipe from that plant.
Development for the purposes of the Merimbula Sewage Treatment Plant Upgrade and Ocean Outfall project on land identified as being within the Merimbula Sewage Treatment Plant and Ocean Outfall Site on the State Significant Infrastructure Sites Map including—
(a) the construction and use of sewage processing systems, and
(b) the construction and use of a deep water ocean outfall transfer pipe running from the sewage treatment plant mainly underground to a discharge point, being a submerged diffuser located on the seabed up to 6 kilometres from the sewage treatment plant, and
(c) ancillary development including the erection and use of construction compounds, the installation and use of pumping equipment and the decommissioning of existing exfiltration ponds.
The Albion Park Rail Bypass project is an extension of the M1 Princes Motorway that stretches for approximately 9.8 kilometres between Yallah and Oak Flats bypassing Albion Park Rail town centre.
Development for the purposes of the Albion Park Rail Bypass on land identified as being within the Albion Park Rail Bypass corridor on the State Significant Infrastructure Sites Map, including—
(a) the construction of a new multi lane road, and
(b) any works required to be carried out with respect to the Croom Regional Sporting Complex as a result of the new road, including relocating or replacing sporting and other facilities.
In this section—
(a) surveys, test drilling, test excavations, geotechnical investigations or other tests, surveys, sampling or investigation for the purposes of the design or assessment of the project, or
(b) adjustments to, or relocation of, existing utilities infrastructure and installation of new utilities infrastructure.
Development for the purposes of a health services facility and associated car park that has an estimated development cost of more than $100 million on land identified as being within the New Maitland Hospital Site on the State Significant Infrastructure Sites Map (being Lot 7314, DP 1162607 and part of Lot 401, DP 755237, Maitland).
Development for the purposes of the Sydney International Speedway Project, being—
(a) the construction and operation of new motor sports infrastructure at Ferrers Road, Eastern Creek, including—
(i) a race track and speedway motorcycle track, competitor pit areas, garages, trackside operational support areas, spectator viewing areas and associated facilities, and
(ii) access and parking facilities and associated infrastructure, and
(b) ancillary development, including construction compounds and utilities infrastructure (including adjustments to, or relocation of, existing utilities infrastructure).
The development is to be carried out on land in the local government area of the City of Blacktown.
(a) the construction and operation of pumped hydroelectric and generation works, including—
(i) an upper water storage dam and reservoir, and
(ii) a tunnelled waterway comprising a vertical shaft and inclined headrace tunnel between the upper reservoir intake and powerhouse and tailrace tunnel connecting the powerhouse to the lower reservoir, and
(iii) a powerhouse and assembly bay, and
(iv) upper and lower intake and outlet structures, and
(v) works at the Stratford East Dam for a lower reservoir,
(b) the construction and operation of solar electricity generating works,
(c) the construction and operation of battery energy storage systems,
(d) the upgrade of electricity transmission lines,
(e) the construction and operation of an electrical substation to connect the pumped hydroelectric and generation works, solar electricity generating works and battery energy storage systems to the electricity transmission network,
(f) decommissioning works and rehabilitation of the site,
(g) the emplacement of excavated materials,
(h) transfer of water to and from the Stratford East Dam,
(i) ancillary development, including access tracks and roads, construction laydown areas, excavation, intersection upgrades, utilities and communications infrastructure, water transport and storage and water treatment facilities.
In this section—
Development for the purposes of the Victoria to New South Wales Interconnector West Project on land in the City of Wagga Wagga, Edward River, Murray River and Murrumbidgee local government areas, including the following—
(a) the construction and operation of high voltage 500kV transmission infrastructure between Dinawan Substation and the border between New South Wales and Victoria,
(b) the construction and operation of electrical substations, switching stations and associated infrastructure,
(c) the construction and operation of electricity transmission line infrastructure,
(d) ancillary development, including the following—
(i) the carrying out of works to upgrade or augment transmission lines and substation infrastructure,
(ii) the installation and operation of communication infrastructure and facilities, excluding microwave technology,
(iii) the installation and operation of construction accommodation, compounds and power supplies,
(iv) the installation and operation of construction maintenance sites including brake and winch sites, construction crane pads, helicopter landing pads and temporary concrete batching plants,
(v) the construction, operation and upgrade of access tracks and roads.
In this section—
(a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations,
(b) the construction of temporary access tracks and temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a),
(c) minor works associated with the upgrade of existing access tracks,
(d) minor works associated with existing electricity transmission infrastructure and utilities infrastructure.
(cl 20)
In this Schedule—
Development that has an estimated development cost of more than $30 million.
Development that has an estimated development cost of more than $5 million if—
(a) a council for the area in which the development is to be carried out is the applicant for development consent, or
(b) the council is the owner of any land on which the development is to be carried out, or
(c) the development is to be carried out by the council, or
(d) the council is a party to any agreement or arrangement relating to the development (other than any agreement or arrangement entered into under the Act or for the purposes of the payment of contributions by a person other than the council).
Development carried out by or on behalf of the Crown (within the meaning of Division 4.6 of the Act) that has an estimated development cost of more than $5 million.
Development that has an estimated development cost of more than $5 million for any of the following purposes—
(a) air transport facilities, electricity generating works, port facilities, rail infrastructure facilities, road infrastructure facilities, sewerage systems, telecommunications facilities, waste or resource management facilities, water supply systems, or wharf or boating facilities,
(b) affordable housing, child care centres, community facilities, correctional centres, educational establishments, group homes, health services facilities or places of public worship.
Development for the purpose of eco-tourist facilities that has an estimated development cost of more than $5 million.
Development for the purposes of—
(a) extractive industry facilities that meet the requirements for designated development under the Environmental Planning and Assessment Regulation 2021, Schedule 3, section 26, or
(b) marinas or related facilities that meet the requirements for designated development under the Environmental Planning and Assessment Regulation 2021, Schedule 3, section 32, or
(c) waste management facilities or works that meet the requirements for designated development under the Environmental Planning and Assessment Regulation 2021, Schedule 3, section 45.
This section does not apply to a development application submitted but not finally determined before State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development—Honeysuckle Site) 2022 commences.
Development within the coastal zone for the purposes of subdivision of the following kind—
(a) subdivision of land for any purpose into more than 100 lots, if more than 100 of the lots will not be connected to an approved sewage treatment work or system,
(b) subdivision of land for residential purposes into more than 100 lots, if the land—
(i) is not in the metropolitan coastal zone, or
(ii) is wholly or partly in a sensitive coastal location,
(c) subdivision of land for rural-residential purposes into more than 25 lots, if the land—
(i) is not in the metropolitan coastal zone, or
(ii) is wholly or partly in a sensitive coastal location.
In this section—
(a) land within 100m above mean high water mark of the sea, a bay or an estuary,
(b) a coastal lake,
(c) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(d) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(e) land declared as a marine park or an aquatic reserve under the Marine Estate Management Act 2014,
(f) land within 100m of any of the following—
(i) the water’s edge of a coastal lake,
(ii) land to which paragraph (c), (d) or (e) applies,
(iii) land reserved under the National Parks and Wildlife Act 1974,
(iv) land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,
(g) residential land (within the meaning of State Environmental Planning Policy No 26—Littoral Rainforests) that is within a distance of 100m from the outer edge of the heavy black line on the series of maps held in the Department and marked “State Environmental Planning Policy No 26—Littoral Rainforests (Amendment No 2)”.
The following development on land within the coastal zone that is directly adjacent to, or is under the waters of, the open ocean, the entrance to an estuary or the entrance to a coastal lake that is open to the ocean—
(a) development for the purpose of coastal protection works carried out by a person other than a public authority, other than coastal protection works identified in the relevant certified coastal management program,
(b) development for the purpose of coastal protection works carried out by or on behalf of a public authority (other than development that may be carried out without development consent under clause 19(2)(a) of State Environmental Planning Policy (Coastal Management) 2018).
Words and expressions used in this section have (in relation to coastal protection works) the same meaning as they have in State Environmental Planning Policy (Coastal Management) 2018.
Development that has an estimated development cost of more than $10 million but less than $30 million—
(a) for which a development application to the relevant council has been lodged but not determined within 120 days after the application was lodged, and
(b) that is the subject of a written request to that council by the applicant for the application to be dealt with by a regional panel,
unless the chairperson of the regional panel concerned determines that the delay in determining the development application was caused by the applicant.
Development within the area of a particular council for particular purposes designated by the Minister by order published on the NSW legislation website.
Such an order cannot be made unless the Minister is satisfied that the performance of the council concerned in dealing with development matters has not met applicable performance criteria.
(Repealed)
State Environmental Planning Policy (Planning Systems) 2021 (724). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Policy has been amended by this Policy, Sch 7, sec 6 and as follows—
(99) | State Environmental Planning Policy (Housing) Amendment (Miscellaneous) 2022. LW 18.3.2022. Date of commencement, on publication on LW, sec 2. | |
(112) | State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Miscellaneous) 2022. LW 25.3.2022. Date of commencement of Sch 2, on publication on LW, sec 2(1). | |
(152) | State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development—Honeysuckle Site) 2022. LW 14.4.2022. Date of commencement, on publication on LW, sec 2. | |
(202) | State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development—Cemeteries) 2022. LW 6.5.2022. Date of commencement, on publication on LW, sec 2. | |
(349) | State Environmental Planning Policy (Housing) Amendment 2022. LW 1.7.2022. Date of commencement, on publication on LW, sec 2. | |
(410) | Environmental Planning and Assessment Amendment (Hunter Transmission Project) Order 2022. LW 22.7.2022. Date of commencement, on publication on LW, sec 2. | |
(440) | State Environmental Planning Policy (Planning Systems) Amendment (Aboriginal Land) 2022. LW 5.8.2022. Date of commencement, on publication on LW, sec 2. | |
(541) | Environmental Planning and Assessment Amendment (Waratah Super Battery Project—Munmorah) Order 2022. LW 9.9.2022. Date of commencement, on publication on LW, sec 2. | |
(616) | Environmental Planning and Assessment Amendment (Dungowan Dam Project) Order 2022. LW 14.10.2022. Date of commencement, on publication on LW, sec 2. | |
(617) | Environmental Planning and Assessment Amendment (Warragamba Dam) Order 2022. LW 14.10.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(655) | Environmental Planning and Assessment Amendment (Snowy 2.0 and Transmission Project) Order 2022. LW 4.11.2022. Date of commencement, on publication on LW, sec 2. | |
(742) | State Environmental Planning Policy Amendment (Miscellaneous) (No 2) 2022. LW 2.12.2022. Date of commencement, on publication on LW, sec 2. | |
(768) | State Environmental Planning Policy Amendment (Exempt and Complying Development) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(774) | Environmental Planning and Assessment Amendment (Narrabri Lateral Pipeline Project) Order 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(792) | Environmental Planning and Assessment Amendment (Western Harbour Tunnel and Warringah Freeway Upgrade Project) Order 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(822) | State Environmental Planning Policy (Planning Systems) Amendment (Aboriginal Land Council) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(825) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Thermal Energy from Waste) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(827) | State Environmental Planning Policy Amendment (Cherrybrook Station Precinct) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(876) | Environmental Planning and Assessment Amendment (Parramatta Light Rail Stage 2 Project) Order 2022. LW 23.12.2022. Date of commencement, on publication on LW, sec 2. | |
(1) | Environmental Planning and Assessment Amendment (Sydney Metro West Project) Order 2022. LW 10.1.2023. Date of commencement, on publication on LW, sec 2. | |
(7) | Environmental Planning and Assessment Amendment (Dendrobium Mine Extension Project) Order 2022. LW 13.1.2023. Date of commencement, on publication on LW, sec 2. | |
(66) | Environmental Planning and Assessment Amendment (Central-West Orana Renewable Energy Zone Transmission) Order 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(68) | Environmental Planning and Assessment Amendment (Sydney Terminal Building (Central Station) Revitalisation Project) Order 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(96) | Environmental Planning and Assessment Amendment (Great Western Highway Upgrade—Blackheath to Little Hartley Project) Order 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(97) | Environmental Planning and Assessment Amendment (State Significant Infrastructure) Order 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(278) | Environmental Planning and Assessment Amendment (Sydney Terminal Building (Central Station) Revitalisation Project) Order (No 2) 2023. LW 9.6.2023. Date of commencement, on publication on LW, sec 2. | |
(498) | Environmental Planning and Assessment Amendment (Western Harbour Tunnel and Warringah Freeway Upgrade Project) Order 2023. LW 1.9.2023. Date of commencement, on publication on LW, sec 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 2, on publication on LW, sec 2(b). | |
(74) | State Environmental Planning Policy Amendment (Housing) 2024. LW 15.3.2024. Date of commencement, on publication on LW, sec 2. | |
(115) | State Environmental Planning Policy (Transport and Infrastructure) Amendment 2024. LW 5.4.2024. Date of commencement, on publication on LW, sec 2. | |
(176) | Environmental Planning and Assessment Amendment (Central-West Orana Renewable Energy Zone Transmission) Order 2024. LW 27.5.2024. Date of commencement, on publication on LW, sec 2. | |
(237) | Environmental Planning and Assessment Amendment (Lake Lyell Pumped Hydro Energy Project) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(238) | Environmental Planning and Assessment (Mount Piper to Wallerawang Transmission Line Upgrade Project) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(239) | Environmental Planning and Assessment Amendment (Muswellbrook Pumped Hydro Energy Storage Project) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(240) | Environmental Planning and Assessment Amendment (New England Renewable Energy Zone Transmission) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(241) | Environmental Planning and Assessment Amendment (Stratford Pumped Hydro and Solar Project) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(242) | Environmental Planning and Assessment Amendment (Victoria to New South Wales Interconnector West Project) Order 2024. LW 27.6.2024. Date of commencement, on publication on LW, sec 2. | |
(334) | State Environmental Planning Policy Amendment (Miscellaneous) 2024. LW 2.8.2024. Date of commencement, on publication on LW, sec 2. | |
(584) | State Environmental Planning Policy (Precincts—Central River City) Amendment (Railway Terrace Site) 2024. LW 22.11.2024. Date of commencement, on publication on LW, sec 2. | |
(594) | State Environmental Planning Policy Amendment (Exemptions) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2(b). | |
(653) | State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development) 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
(3) | Lane Cove Local Environmental Plan Amendment (Planning Systems) 2024. LW 10.1.2025. Date of commencement, on publication on LW, cl 2. | |
(25) | Sydney Local Environmental Plan Amendment (State Significant Development) 2025. LW 31.1.2025. Date of commencement, on publication on LW, cl 2. | |
(82) | State Environmental Planning Policy (Planning Systems) Amendment (Warrawong Site) 2025. LW 28.2.2025. Date of commencement, on publication on LW, sec 2. | |
(171) | State Environmental Planning Policy Amendment (WestConnex Dive Site) 2025. LW 11.4.2025. Date of commencement, on publication on LW, sec 2. | |
(350) | State Environmental Planning Policy (Planning Systems) Amendment (Kanwal Site) 2025. LW 11.7.2025. Date of commencement, on publication on LW, sec 2. | |
(403) | State Environmental Planning Policy (Planning Systems) Amendment (Broadmeadow Precinct) 2025. LW 8.8.2025. Date of commencement, on publication on LW, sec 2. | |
(423) | State Environmental Planning Policy Amendment (Central Precinct) 2025. LW 15.8.2025. Date of commencement, on publication on LW, sec 2. | |
(500) | Environmental Planning and Assessment Amendment (McPhillamys Enabling Infrastructure Project) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, sec 2. | |
(565) | State Environmental Planning Policy (Planning Systems) Amendment (Independent Planning Commission Referral Criteria) 2025. LW 17.10.2025. |
Date of commencement, on publication on LW, sec 2. | |
(616) | State Environmental Planning Policy (Planning Systems) Amendment (Alternative Design Excellence Pathway) 2025. LW 14.11.2025. Date of commencement, on publication on LW, sec 2. |
(617) | State Environmental Planning Policy (Planning Systems) Amendment (Chatswood Dive Site) 2025. LW 14.11.2025. Date of commencement, on publication on LW, sec 2. |
(618) | State Environmental Planning Policy (Precincts—Regional) Amendment (Port Kembla Land Transformation Precinct) 2025. LW 14.11.2025. Date of commencement, on publication on LW, sec 2. |
Sec 2.2 | Am 2022 (152), Sch 1[1]; 2022 (827), Sch 2[1]; 2023 (523), Sch 2.2[1]; 2025 (82), Sch 2[1] [2]; 2025 (423), Sch 4[1]. |
Sec 2.3 | Am 2025 (82), Sch 2[3]. |
Part 2.2, Div 1, heading | Ins 2025 (616), Sch 1[1]. |
Sec 2.6 | Am 2025 (618), Sch 1[1]. |
Sec 2.7 | Am 2024 (653), Sch 1[1]; 2025 (25), Sch 1[1]; 2025 (565), Sch 1. |
Sec 2.10 | Am 2022 (742), Sch 2[1] [2]. |
Sec 2.11 | Am 2023 (523), Sch 2.2[2]. |
Part 2.2, Div 2 | Ins 2025 (616), Sch 1[2]. |
Part 2.2, Div 2, Subdiv 1 | Ins 2025 (616), Sch 1[2]. |
Sec 2.12A | Ins 2025 (616), Sch 1[2]. |
Sec 2.12B | Ins 2025 (616), Sch 1[2]. |
Sec 2.12C | Ins 2025 (616), Sch 1[2]. |
Part 2.2, Div 2, Subdiv 2 | Ins 2025 (616), Sch 1[2]. |
Sec 2.12D | Ins 2025 (616), Sch 1[2]. |
Sec 2.12E | Ins 2025 (616), Sch 1[2]. |
Part 2.2, Div 2, Subdiv 3 | Ins 2025 (616), Sch 1[2]. |
Sec 2.12F | Ins 2025 (616), Sch 1[2]. |
Sec 2.13 | Am 2022 (152), Sch 1[2]. |
Sec 2.18 | Am 2023 (523), Sch 2.2[2]. |
Sec 2.20 | Am 2023 (523), Sch 2.2[2]. |
Sec 2.25 | Ins 2024 (653), Sch 1[2]. Am 2025 (25), Sch 1[2]. |
Sec 3.1 | Am 2022 (822), Sch 1[1]. |
Sec 3.2 | Am 2022 (152), Sch 1[1]; 2022 (440), sec 5; 2022 (822), Sch 1[2] [3]; 2023 (523), Sch 2.2[3]. |
Sec 3.3 | Am 2022 (822), Sch 1[4]. |
Sec 3.5 | Rep 2022 (822), Sch 1[5]. |
Sec 3.6 | Am 2022 (822), Sch 1[6]. |
Sec 3.7 | Am 2022 (822), Sch 1[6]–[9]. |
Sec 3.10 | Am 2022 (822), Sch 1[10]; 2023 (523), Sch 2.2[4]. |
Sec 4.3 | Am 2022 (152), Sch 1[1]; 2022 (629), Sch 3.12. |
Sch 1 | Am 2022 (99), Sch 2[1]–[5]; 2022 (112), Sch 2.4; 2022 (202), sec 4; 2022 (349), Sch 2; 2022 (768), Sch 2[1] [2]; 2022 (825), Sch 2; 2023 (523), Sch 2.2[5]–[7]; 2023 (664), Sch 2.2[1]–[4]; 2024 (74), Sch 2[1]–[4]; 2024 (115), Sch 2.1; 2024 (334), Sch 2[1]–[3]; 2024 (653), Sch 1[3]–[9]; 2025 (3), Sch 1. |
Sch 2 | Am 2022 (827), Sch 2[2]; 2023 (523), Sch 2.2[8]; 2023 (664), Sch 2.2[5]; 2024 (584), Sch 2; 2024 (594), Sch 3; 2024 (653), Sch 1[10]; 2025 (82), Sch 2[4]–[7]; 2025 (171), Sch 2; 2025 (350), Sch 2; 2025 (403), Sch 2; 2025 (423), Sch 4[2]; 2025 (617), Sch 1; 2025 (618), Sch 1[2]. |
Sch 3 | Am 2022 (742), Sch 2[3]; 2023 (523), Sch 2.2[9]. |
Sch 4 | Am 2023 (7), sec 3; 2023 (68), Sch 1; 2023 (97), Sch 1; 2023 (278), sec 3; 2023 (523), Sch 2.2[10]; 2025 (500), Sch 1. |
Sch 5 | Am 2022 (410), Sch 1; 2022 (541), sec 3; 2022 (616), sec 3; 2022 (617), Sch 1; 2022 (655), Sch 1[1]–[6]; 2022 (774), Sch 1; 2022 (792), sec 3; 2022 (876), Sch 1[1]–[4]; 2023 (1), Sch 1[1]–[3]; 2023 (66), sec 3(1) (2); 2023 (96), Sch 1; 2023 (498), sec 3; 2024 (176), Sch 1[1]–[3]; 2024 (237), Sch 1; 2024 (238), Sch 1; 2024 (239), Sch 1; 2024 (240), Sch 1; 2024 (241), Sch 1; 2024 (242), Sch 1. |
Sch 6 | Am 2022 (152), Sch 1[3]; 2023 (523), Sch 2.2[11]. |
Sch 7 | Rep 2022 (724), Sch 7. |
0
0
0