State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 (2013-241) LW 31 May 2013 (NSW)
2013 No 241
| New South Wales |
State Environmental Planning Policy
(Port Botany) Amendment (Port
Kembla) 2013
under the
Environmental Planning and Assessment Act 1979
Her 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.
BRAD HAZZARD, MP
Minister for Planning and Infrastructure
| Published LW 31 May 2013 | Page 1 |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port |
| Clause 1 | Kembla) 2013 |
State Environmental Planning Policy (Port Botany)
Amendment (Port Kembla) 2013
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Port Botany)
Amendment (Port Kembla) 2013.
2 Commencement
This Policy commences on 31 May 2013, immediately after the commencement of State Environmental Planning Policy (Port Botany) 2013, and is required to be published on the NSW legislation website.
3 Maps
|
| Column 1 | Column 2 |
| Name of map being amended | Name of amending or |
| or replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Additional | (Port Botany and Port Kembla) 2013 |
| Permitted Uses Map | Additional Permitted Uses Map |
| (SEPP_PTB_APU_001_030_20130 | (SEPP_PBK_APU_001_030_201305 |
| 430) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Height of | (Port Botany and Port Kembla) 2013 |
| Buildings Map | Height of Buildings Map |
| (SEPP_PTB_HOB_001_030_20130 | (SEPP_PBK_HOB_001_030_201305 |
| 218) | 24) |
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 | Clause 3 |
| Column 1 | Column 2 |
| Name of map being amended | Name of amending or |
| or replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Land Application | (Port Botany and Port Kembla) 2013 |
| Map | Land Application Map |
| (SEPP_PTB_LAP_001_030_20130 | (SEPP_PBK_LAP_001_030_201305 |
| 124) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Land Application | (Port Botany and Port Kembla) 2013 |
| Map | Land Application Map (SEPP_PBK_LAP_002_020_201305 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Land Zoning | (Port Botany and Port Kembla) 2013 |
| Map | Land Zoning Map |
| (SEPP_PTB_LZN_001_030_20130 | (SEPP_PBK_LZN_001_030_201305 |
| 124) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Land Zoning | (Port Botany and Port Kembla) 2013 |
| Map | Land Zoning Map (SEPP_PBK_LZN_002_020_201305 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Lease Area Map | (Port Botany and Port Kembla) 2013 |
| (SEPP_PTB_LES_001_030_201301 | Lease Area Map |
| 24) | (SEPP_PBK_LES_001_030_2013052 4) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Lease Area Map | (Port Botany and Port Kembla) 2013 Lease Area Map (SEPP_PBK_LES_002_020_2013052 4) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Lease Area Map | (Port Botany and Port Kembla) 2013 Lease Area Map (SEPP_PBK_LES_002A_006_20130 524) |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port |
| Clause 4 | Kembla) 2013 |
| Column 1 | Column 2 |
| Name of map being amended | Name of amending or |
| or replaced | replacement map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Port Botany) 2013 Referral Area | (Port Botany and Port Kembla) 2013 |
| Map | Referral Area Map |
| (SEPP_PTB_REF_001_030_201301 | (SEPP_PBK_REF_001_030_201305 |
| 24) | 24) |
| (2) | Each map adopted by State Environmental Planning Policy (Major Development) 2005 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan: | |||||||
| ||||||||
| (Major Projects) Amendment (Three Ports) 2009 Port Kembla Site Land Application Map (SEPP_MD_3PT_LAP_003_200905 22) | ||||||||
| ||||||||
| (Major Projects) Amendment (Three Ports) 2009 Port Kembla Site Land Zoning Map (SEPP_MD_3PT_LZN_003_20090 522) |
4 Repeal of Policy
|
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of State Environmental Planning Policy (Port Botany) 2013 | Schedule 1 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[1] Clauses 1 and 3
Insert “and Port Kembla” after “Port Botany” wherever occurring.
[2] Clause 3 Aims of Policy
Omit “and around” from clause 3 (a).
[3] Clause 3 (c)
Insert “within the Lease Area” after “certain development”.
[4] Clause 3 (e)
Insert “at Port Botany” after “development”.
[5] Clause 3 (g)
Insert after clause 3 (f):
| (g) | to ensure that land around the Lease Area is maintained for port-related and industrial uses, including heavy industry on land around Port Kembla. |
[6] Clause 4 Definitions
Insert “and Port Kembla” after “Port Botany” wherever occurring in the definitions of Additional Permitted Uses Map, Height of Buildings Map, Land Application Map, Land Zoning Map, Lease Area Map and Referral Area Map in clause 4 (1).
[7] Clause 4 (1)
Insert in alphabetical order:
Channel User Licence Agreement means an agreement between Roads and Maritime Services and the Port Operator under which the Port Operator is authorised to use certain channels and berthing boxes.
[8] Clause 4 (1), definition of “Council”
Insert at the end of paragraph (b):
, or
| (c) | in relation to land within the Wollongong City area— Wollongong City Council. |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[9] Clause 4 (1), definition of “freight”
Omit the definition. Insert instead:
freight means any item, goods or produce being transported and includes containers (whether empty or otherwise), gases, livestock, liquids, minerals, plant and equipment, raw materials, vehicles and vessels.
[10] Clause 4 (1), definition of “Lease Area”
Insert in alphabetical order:
Lease Area means the area shown edged in red and identified as “Port Botany Lease Area” or “Port Kembla Lease Area” on the Lease Area Map.
[11] Clause 4 (1), definition of “maintenance dredging”
Insert “at the depth and width specified for the purpose of maintenance dredging in the Channel User Licence Agreement that authorises the use of that channel” after “channel”.
[12] Clause 4 (1), definition of “Outer Harbour Map”
Insert in alphabetical order:
Outer Harbour Map means the State Environmental Planning Policy (Port Botany and Port Kembla) 2013 Outer Harbour Map.
[13] Clause 4 (1), definitions of “Port Botany Lease Area” and “Port Botany Operator”
Omit the definitions.
[14] Clause 4 (1), definition of “Port Operator”
Insert in alphabetical order:
Port Operator means:
| (a) | in relation to Botany Bay—the port operator (within the meaning of the Ports and Maritime Administration Act 1995) of the port of Botany Bay, and |
| (b) | in relation to Port Kembla—the port operator (within the meaning of that Act) of the port of Port Kembla. |
[15] Clause 4 (1), definition of “port facilities”
Omit “Port Botany”.
[16] Clause 4 (1), definition of “public authority”
Omit “Botany”.
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of State Environmental Planning Policy (Port Botany) 2013 | Schedule 1 |
[17] Clause 6 Relationship with other environmental planning instruments
Insert “or complying” after “exempt” in clause 6 (3).
[18] Clauses 8 (a), 10 (5), 18 (3), 18 (notes), 24 (2), 25 (2), 27 (1) (a) and (3), 28 (1) (a) and (3), 29 (2) and 30 (1) (b) and Schedule 1, clause 14 (2) (c) and Schedule 2, clause 9 (c)
Omit “Port Botany” wherever occurring.
[19] Clause 10 Suspension of covenants, agreements and instruments
Insert at the end of the clause:
Note. This clause does not apply to unzoned land.
[20] Clause 12 Land use zones
Insert after the matter relating to “IN1 General Industrial”:
IN3 Heavy Industrial
[21] Clause 16 Subdivision—consent requirements
Omit the clause. Insert instead:
|
| (1) | Any land to which this Policy applies may be subdivided, but only with development consent. |
| Note. Subdivision within the Lease Area by the Port Operator or a Port Corporation is exempt development. | |
| (2) | Development consent must not be granted for the subdivision of land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act. |
[22] Clause 18 Development by public authorities (including Port Operator)
Insert “Zone IN3 Heavy Industrial,” after “General Industrial” wherever occurring in clause 18 (1) and (4) and Note 1.
[23] Clause 19 Port Operator to be notified of certain development applications at Port Botany
Omit “Botany” wherever occurring in clause 19 (2) and (4) (a).
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[24] Land Use Table
Insert after the matter relating to Zone IN1 General Industrial:
Zone IN3 Heavy Industrial
1 Objectives of zone
| • | To provide suitable areas for those industries that need to be separated from other land uses. |
| • | To encourage employment opportunities. |
| • | To minimise any adverse effect of heavy industry on other land uses. |
| • | To provide transport infrastructure and intermodal facilities. |
| • | To allow a diversity of activities that will not significantly detract from the operation of existing or proposed industries. |
2 Permitted without consent
Environmental protection works
3 Permitted with consent
Depots; Food and drink premises; Freight transport facilities; Heavy industries; Port facilities; Roads; Transport depots; Warehouse or distribution centres; Waste or resource management facilities
4 Prohibited
Any development not specified in item 2 or 3
[25] Land Use Table, Zone SP1 Special Activities
Insert “and Port Kembla” after “Port Botany” in the 6th objective in item 1.
[26] Land Use Table, Zone SP1 Special Activities
Insert “Moorings;” after “Jetties;” in item 2.
[27] Clause 25 Complying development
Omit “deemed-to-satisfy” from clause 25 (3) (b).
[28] Clause 26 (1) and Schedule 1, clause 10 (2) (c)
Omit “Botany” wherever occurring.
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of State Environmental Planning Policy (Port Botany) 2013 | Schedule 1 |
[29] Clause 31 Heritage conservation
Insert at the end of the Table to the clause under the headings Suburb, Item name, Address and Property description, respectively:
|
| Setting Steam | Harbour |
| Crane |
| Port Kembla | Garden around | 2 Electrolytic Street | Lot 51, DP 1002696 |
| Former House and | (Gloucester | ||
| Adjacent Driveway | Boulevard) | ||
| Port Kembla | Hill 60, Illowra | Gloucester | Lot 3, DP 1146913 |
| Battery (State | Boulevard | and Lot 1, DP | |
| Heritage Register | 825951 | ||
| listing 01492) | |||
| Port Kembla | Brick Chimney, | Military Road | Lot 21, DP 546139 |
| Port Kembla Copper | |||
| Port Kembla | Office and House, | Military Road | Lot 21, DP 546139 |
| Port Kembla Copper | |||
| Port Kembla | Commonwealth | Old Port Road | Lot 1, DP 190251 |
| Rolling Mill Plant and Gardens |
[30] Schedule 1 Exempt development
Insert “, including landscaping works and landscaping structures used for drainage” after “structures” in clause 13.
[31] Schedule 1, clause 14 (2) (c) and Schedule 2, clause 9 (c)
Insert “if constructed or installed on land at Port Botany—” before “be mounted” wherever occurring.
[32] Schedule 1, clause 15A
Insert after clause 15:
|
| (1) | The maintenance, repair or replacement of fittings and fixtures in relation to development for the purpose of port facilities. |
| (2) | The work may involve excavation works, but only to the extent necessary to carry out the maintenance, repair or replacement. |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[33] Schedule 1, clause 32 Subdivision by Port Operator or Port Corporation
Omit “Botany”.
[34] Schedule 2 Complying development
| Omit “20,000” wherever occurring in clause 5. Insert instead “30,000”. |
[35] Schedule 2, clause 6
Insert “and Port Kembla” after “Port Botany”.
[36] Schedule 2, clause 9A
Insert after clause 9 (before the heading to Division 2):
9A Development on land in Outer Harbour Area
| (1) | This clause applies to land identified as “Outer Harbour Area” on the Outer Harbour Map. |
| (2) | Complying development carried out on land to which this clause applies must be consistent with the terms of a concept plan approved by the Minister for a project on that land. |
[37] Schedule 2, clause 10A
Insert after clause 10:
|
| (1) | The construction or installation of a bridge used for a purpose other than a road. |
| (2) | The bridge must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
[38] Schedule 2, clause 11 (2) (a) (iii)
| Insert “if constructed or installed on land at Port Botany—” before “demonstrates”. |
[39] Schedule 2, clause 11 (6)
Insert after subclause (5):
| (6) | The bulk liquid storage tank must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of State Environmental Planning Policy (Port Botany) 2013 | Schedule 1 |
[40] Schedule 2, clause 12 (2)
Omit the subclause. Insert instead:
| (2) | A hazard analysis must be prepared by a qualified person approved by the Director-General for the purposes of this clause that: | |||||
|
[41] Schedule 2, clause 13 (3)
Insert after clause 13 (2):
| (3) | The development must comply with any recommendations made by the studies referred to in subclause (2) in relation to the development. |
[42] Schedule 2, clause 15A
Insert after clause 15:
|
| (1) | The construction or installation of a dry bulk storage silo. |
| (2) | The dry bulk storage silo must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[43] Schedule 2, clause 17A
Insert after clause 17:
|
| (1) | The erection of a rail discharge terminal. |
| (2) | The rail discharge terminal must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
[44] Schedule 2, clause 18A
Insert after clause 18:
|
| (1) | The construction or installation of a new ship loader or unloader, or associated belt conveyor system. |
| (2) | The ship loader, unloader or belt conveyor system must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
[45] Schedule 2, clause 19 (1)
Omit “3m”. Insert instead “6m”.
[46] Schedule 2, clause 21 (e) (iv)
Insert “, or appropriately remediated or managed on site” after “Protection of the Environment Operations Act 1997”.
[47] Schedule 2, clause 21 (e) (v)
| Omit “natural excavated material (VEMN)”. Insert instead “excavated natural material (VENM)”. |
[48] Schedule 2, clause 21 (e) (v)
Insert “, or fill covered by a valid exemption under clause 51 of the Protection of the Environment Operations (Waste) Regulation 2005 that permits the reuse of such fill” after “Contaminated Land Management Act 1997”.
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of State Environmental Planning Policy (Port Botany) 2013 | Schedule 1 |
[49] Schedule 2, clause 23
Omit the clause. Insert instead:
|
(1) This clause applies to development that consists of the construction or installation of any of the following items:
| (a) | a bridge used for a purpose other than a road, |
| (b) | a rail-mounted crane or crane rails, |
| (c) | a ship loader, unloader, or associated belt conveyor system, |
| (d) | a dry bulk storage silo, |
| (e) | a rail discharge terminal. |
| (2) | The development is subject to the following conditions: | |
|
(i) the item has been installed in accordance with the specifications for the design certified by a qualified engineer, and
(ii) the item is structurally adequate,
| (b) | on completion of the building work, the principal certifying authority must be satisfied that the item is structurally adequate for its intended purpose. |
[50] Schedule 2, clause 27 (3)
Insert after clause 27 (2):
| (3) | The development is also subject to the following conditions: | |
|
(i) the tank has been installed in accordance with the specifications for the design certified by a qualified engineer, and
(ii) the tank is structurally adequate,
| (b) | on completion of the building work, the principal certifying authority must be satisfied that the tank is structurally adequate for its intended purpose. |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany) 2013 |
[51] Schedule 2, clauses 28–30
Insert after clause 27:
|
Development that consists of a change in the kind of liquid stored in a bulk liquid storage tank is subject to the condition that, if any building work has been carried out, the principal certifying authority must be satisfied that the tank is structurally adequate for the liquid that is intended to be stored in the tank on completion of the building work.
29 Additional conditions—bulk liquid storage tanks (modifications to pipelines and flow rates)
Development that consists of modifications referred to in clause 13 (1) (a) or (b), or the installation of a new pipeline referred to in clause 13 (1) (c), is subject to the following conditions:
| (a) | a certificate by a qualified engineer must be provided to the principal certifying authority certifying that: | |||
| ||||
| (b) | the commissioning and operation of the tank, as modified or after the installation of the new pipeline or after the modification of an existing pipeline, must comply with the applicable recommendations of the studies referred to in clause 13 (2), | |||
| (c) | on completion of the building work, the principal certifying authority must be satisfied that the item is structurally adequate for its intended purpose. |
30 Additional condition—port facilities (change of use—change of building classification or increased fire hazard level)
Development that involves a change of use referred to in clause 18 is subject to the condition that, if the new use involves a structure that is not within a classification of building under the Building Code of Australia, the principal certifying authority must be satisfied that fire safety measures appropriate to the level of fire hazard have been provided on completion of any building work.
| State Environmental Planning Policy (Port Botany) Amendment (Port | 2013 No 241 |
| Kembla) 2013 |
| Amendment of other instruments | Schedule 2 |
| Schedule 2 | Amendment of other instruments |
| 2.1 | State Environmental Planning Policy (Major Development) 2005 |
| [1] | Schedule 3 State significant sites |
| Omit the heading to Part 20. Insert instead “Port of Newcastle”. | |
| [2] | Schedule 3, Part 20, clause 1 |
| Omit “Three Ports Site”. Insert instead “Newcastle Port Site”. | |
| [3] | Schedule 3, Part 20, clause 2 (1), definition of “Land Application Map” |
| Omit the definition. Insert instead: |
Land Application Map means the State Environmental Planning Policy (Major Projects) Amendment (Three Ports) 2009 Newcastle Port Site Land Application Map.
[4] Schedule 3, Part 20, clause 2 (1), definition of “Land Zoning Map”
Omit the definition. Insert instead:
Land Zoning Map means the State Environmental Planning Policy (Major Projects) Amendment (Three Ports) 2009 Newcastle Port Site Land Zoning Map.
[5] Schedule 3, Part 20, clauses 4, 5, Division 2 (heading), 6 (1), 7, 14, 15 (1), 16 (1), 17 (1), 19 (1) and Schedule 7, clause 2 (1)
| Omit “Three Ports Site” wherever occurring. Insert instead “Newcastle Port Site”. |
[6] Schedule 3, Part 20, clauses 7 (b) and (d), 10 and 12
Omit the provisions.
[7] Schedule 3, Part 20, clause 21
Omit the matter relating to Wollongong LGA from the Table to the clause.
[8] Schedule 7 Development that does not require consent under Part 4
| Omit “Three Ports Site” from the heading to clause 2. Insert instead “Newcastle Port Site”. |
| 2013 No 241 | State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013 |
| Schedule 2 | Amendment of other instruments |
[9] Schedule 7, clause 2 (2), definition of “Newcastle Port Site”
Insert in alphabetical order:
Newcastle Port Site means the land identified in Schedule 3 on the State Environmental Planning Policy (Major Projects) Amendment (Three Ports) 2009 Newcastle Port Site Land Application Map.
[10] Schedule 7, clause 2 (2), definition of “Three Ports Site”
Omit the definition.
| 2.2 | State Environmental Planning Policy (Infrastructure) 2007 |
| Clause 67A Application of Division | |
| Insert “and Port Kembla” after “Port Botany”. |
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