State Environmental Planning Policy (State Significant Precincts) 2005 (NSW)

Case
No judgment structure available for this case.

See also—

Planning Legislation Amendment Bill 2019

Maps: Am 2008 (457), Sch 1; 2008 (483), Sch 1 [2]; 2008 (495), Sch 1 [2]; 2008 (557), Sch 1 [2]; 2008 (629), Sch 1; 2009 (120), Sch 1; 2009 (161), Sch 1; 2009 (283), Sch 1 [3] [4]; 2009 (333), cl 5; 2009 (342), Sch 1 [5]; 2009 (456), Sch 1; 2009 (481), cl 3; 2009 (494), Sch 1 [2]; 2009 (549), Sch 1; 2009 (604), Sch 1; 2010 (136), Sch 1; 2010 (137), cl 3; 2010 (316), cl 1.9 (2A); 2010 (531), Sch 1; 2010 (604), cl 3; 2010 (615), cl 4; 2010 (631), Sch 1.1 [1]; 2010 (692), cl 3; 2010 (765), Sch 1; 2011 (405), Sch 1; 2011 (511), Sch 6.12 [4]; 2011 (679), cl 3; 2012 (106), cl 3; 2012 (120), cl 4; 2012 (473), Sch 1 [2]; 2012 (671), cl 3; 2013 (228), Sch 3; 2013 (241), cl 3 (2); 2013 (759), cl 1.8B (1) (2); 2014-97, Sch 2.2; 2014 (179), cl 1.8B; 2014 (220) cl 3; 2015 (127), cl 5; 2015 (588), Sch 2; 2016 (364), cl 5; 2016 (564), cl 3; 2018 (420), cl 4 (1); 2018 (513), cl 3; 2020 (523), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Part 1Preliminary

pt 1, hdg: Ins 2009 (284), Sch 1 [1].

1Name of Policy

This Policy is State Environmental Planning Policy (State Significant Precincts) 2005.

cl 1: Am 2005 (392), Sch 1 [1]; 2009 (284), Sch 1 [2]; 2016 (153), cl 3 (1).

2Aims of Policy

The aims of this Policy are as follows—

  • (a), (b)

    (Repealed)

  • (c)

    to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,

  • (d)

    to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.

  • (e), (f)

    (Repealed)

cl 2: Subst 2005 (392), Sch 1 [2]. Am 2009 (284), Sch 1 [3]; 2011 (511), Sch 6.12 [1]; 2016 (153), cl 3 (2).

2AApplication of Policy—transitional Part 3A projects(1)

On the repeal of Part 3A of the Act, this Policy is subject to Schedule 6A to the Act.

Note—

Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (transitional Part 3A projects) and revokes the declaration of any other Part 3A project.

(2)

The repeal of clauses 6–6C and Schedules 1, 2 and 5 of this Policy, and the other amendments made to this Policy, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—

  • (a)

    the declaration under this Policy of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,

  • (b)

    any certificate in force under clause 6C immediately before that repeal.

(3)

Particular development is not a transitional Part 3A project if—

  • (a)

    another provision of this Policy or a provision of another environmental planning instrument, whether made before or after this Policy takes effect, provides that the particular development is exempt or complying development, and

  • (c)

    the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project.

cl 2A: Ins 2011 (511), Sch 6.12 [2]. Am 2021 (682), Sch 1[1].

3Definitions and key concepts(1)

In this Policy—

capital investment value has the same meaning as in the Environmental Planning and Assessment Regulation 2000.

coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.

coastal zone has the same meaning as in the Coastal Management Act 2016.

Sydney Harbour Foreshore Sites Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Foreshore Sites Map.

Sydney Harbour Port and Related Employment Lands Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Port and Related Employment Lands Map.

the Act means the Environmental Planning and Assessment Act 1979.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

(2)

Words and expressions used in this Policy have the same meaning as they have in Schedule 6A to the Act.

(3)

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

cl 3: Am 2007 (171), Sch 1 [1]; 2009 (284), Sch 1 [4]; 2010 (173), Sch 1.2 [1] [2]; 2011 (511), Sch 6.12 [3]–[5]; 2018 (106), Sch 2.18 [1].

3AMaps(1)

A reference in this Policy to a named map adopted by this Policy 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.

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.

cl 3A: Ins 2011 (511), Sch 6.12 [6].

4Land to which Policy applies

This Policy applies to the State.

5Relationship to other environmental planning instruments

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

Part 2State significant precincts

pt 2, hdg: Ins 2009 (284), Sch 1 [5]. Am 2011 (511), Sch 6.12 [7]; 2016 (153), cl 3 (3).

6–6C

(Repealed)

cl 6A: Ins 2005 (392), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].

cl 6B: Ins 2005 (780), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].

cl 6C: Ins 2011 (232), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].

7State significant precincts(1)

Each Appendix to this Policy describes a State significant precinct.

(2)

The provisions in an Appendix to this Policy relating to the carrying out of development on a State significant precinct have effect.

cl 7: Am 2005 (392), Sch 1 [4]; 2011 (511), Sch 6.12 [9]; 2016 (153), cl 3 (2); 2019 (659), Sch 3.2[1] [2].

8Guidelines for proposals for State significant precinct listing(1)

The Minister may publish guidelines for proposals to amend an Appendix to this Policy.

(2)

This clause does not preclude an amendment of an Appendix to this Policy without compliance with those guidelines.

cl 8: Am 2005 (392), Sch 1 [4]; 2007 (359), Sch 1 [2]. Subst 2016 (153), cl 3 (4). Am 2019 (659), Sch 3.2[2].

9A–10A

(Repealed)

cl 9A: Ins 2005 (392), Sch 1 [6]. Am 2005 (618), cl 4; 2005 (851), Sch 1 [1]; 2006 (495), Sch 1 [1]; 2011 (511), Sch 6.12 [10]. Rep 2021 (682), Sch 1[2].

9Development for which Minister is consent authority under the Act, Part 4(1)

The Minister is the consent authority under the Act, Part 4 for development requiring consent under that Part that is of a kind specified in this clause, other than development that is—

  • (a)

    a transitional Part 3A project, or

  • (b)

    State significant development, or

  • (c)

    State significant infrastructure.

(2)

Development with a capital investment value of not more than $10 million on land to which Appendix 4 applies.

Note—

Development controls in relation to the Redfern–Waterloo Authority Sites for development under the Act, Part 4 are contained in Appendix 4.

(3)

Development on land to which Appendix 11 applies.

Note—

Development controls in relation to the Sydney Olympic Park site for development under the Act, Part 4 are contained in Appendix 11.

(4)

Development within the area identified as Glebe Island, White Bay, Rozelle Bay and Blackwattle Bay on the Sydney Harbour Port and Related Employment Lands Map, if the development—

  • (a)

    has a capital investment value of not more than $10 million, and

  • (b)

    is carried out by a person other than a public authority.

(5)

Development with a capital investment value of not more than $10 million within the area identified as Luna Park on the State Significant Development Sites Map under State Environmental Planning Policy (State and Regional Development) 2011.

(6)

Despite subclause (1), the Minister is not the consent authority for particular development under this clause if—

  • (a)

    another provision of this Policy or a provision of another environmental planning instrument, whether made before or after this Policy takes effect, provides that the development is exempt or complying development, and

  • (b)

    the development is not carried out as part of or in conjunction with other development for which the Minister is the consent authority.

cl 9: Rep 2005 (392), Sch 1 [5]. Ins 2021 (682), Sch 1[2].

10Development that does not require consent under the Act, Part 4(1)

Development specified in this clause is development that does not require consent under the Act, Part 4.

Note—

Development specified in this clause will be subject to the environmental assessment and approval requirements of the Act, Part 5 if it is not a transitional Part 3A project or State significant infrastructure.

(2)

Development with a capital investment value of not more than $10 million carried out by a public authority within the area identified as Glebe Island, White Bay, Rozelle Bay and Blackwattle Bay on the Sydney Harbour Port and Related Employment Lands Map.

cl 10: Subst 2005 (392), Sch 1 [7]. Am 2005 (780), Sch 1 [4]; 2007 (171), Sch 1 [2]–[4]; 2011 (511), Sch 6.12 [11]–[13]. Subst 2021 (682), Sch 1[2].

10B

(Repealed)

cl 10B: Ins 2007 (171), Sch 1 [5]. Am 2008 (557), Sch 1 [1]. Rep 2013 (706), Sch 2.13 [1].

11Subdivision certificates for Part 3A projects

Subject to section 75S of the Act, a subdivision certificate may be issued by an accredited certifier for a subdivision that is a transitional Part 3A project in accordance with section 6.5(3)(a) of the Act.

cl 11: Subst 2005 (392), Sch 1 [8]. Am 2011 No 62, Sch 2.34 [1]; 2018 (68), Sch 2 [1].

12Walsh Bay—designated consent authority(1)

This Policy terminates the powers and functions of the Minister administering the Walsh Bay Development (Special Provisions) Act 1999 as the consent authority under the Environmental Planning and Assessment Act 1979 and appoints the Council of the City of Sydney as the consent authority for that development.

(2)

This clause does not affect the operation of Part 3A of the Act in relation any development at Walsh Bay that is a transitional Part 3A project.

(3)

This clause does not affect the operation of Division 4.7 or 5.2 of the Act in relation to any development at Walsh Bay that is development to which those provisions apply.

Note—

The above provision is authorised by section 9(3) of the Walsh Bay Development (Special Provisions) Act 1999.

cl 12: Am 2005 (392), Sch 1 [9] [10]; 2011 (511), Sch 6.12 [15]–[17]; 2018 (68), Sch 2 [1].

12ASydney Harbour Foreshore Sites—consent authority(1)

This clause applies to development on land identified as a Sydney Harbour Foreshore Site on the Sydney Harbour Foreshore Sites Map that is not State significant development.

(2)

Despite clauses 22(1) and 28(1) of Schedule 6 to the Act, the consent authority for development to which this clause applies is the Council of the City of Sydney.

Note 1—

The Sydney Harbour Foreshore Sites include land that was part of the Darling Harbour Development Area and land that was part of the Sydney Cove Development Area.

Note 2—

The Council of the City of Sydney is the consent authority for development on land in the Sydney Harbour Foreshore Sites that is in Walsh Bay (under Sydney Regional Environmental Plan No 16—Walsh Bay) and the Bank Street Precinct, Circular Quay and the Sydney Casino (under Sydney Local Environmental Plan 2005).

cl 12A: Ins 2009 (162), Sch 1 [1]. Am 2011 (511), Sch 6.12 [18].

Parts 3, 413–18

(Repealed)

pt 3, hdg: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

pt 3: Rep 2011 (511), Sch 6.12 [19].

pt 3, div 1: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

pt 3, div 2: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

pt 3, div 3: Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

cl 13F: Ins 2009 (284), Sch 1 [6]. Am 2010 (193), Sch 1 [2] [3]. Rep 2011 (511), Sch 6.12 [19].

cl 13G: Ins 2009 (284), Sch 1 [6]. Am 2009 (412), Sch 1 [2]; 2010 (193), Sch 1 [4]. Rep 2011 (511), Sch 6.12 [19].

pt 4, hdg: Ins 2009 (284), Sch 1 [7]. Rep 2021 (682), Sch 1[3].

Appendix 1Sydney Opera House

sch 1, hdg: Am 2005 (392), Sch 1 [14]. Rep 2011 (511), Sch 6.12 [24].

Part 11

(Repealed)

Part 2Exempt development2Definition

In this Part—

CMP means the conservation management plan for the Sydney Opera House and its site as adopted and published for the time being by the Sydney Opera House Trust.

3Exempt development

The development described in this Part is exempt development if it is of minimal environmental impact and complies with the applicable requirements under this Part.

4Minor Repairs(1)

Exempt development includes minor repairs, including the replacement of missing, damaged or deteriorated fabric that is beyond further maintenance.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the repairs must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the repairs must match the existing fabric in appearance, material and method of affixing,

  • (c)

    the repairs must not involve damage or removal of other fabric graded “some”, “considerable” or “exceptional” significance in the CMP.

5Minor internal alterations and additions(1)

Exempt development includes minor internal alterations and additions including—

  • (a)

    minor building works and alterations to the backstage infrastructure and performance venues (such as widening the doors or updating flying systems) for the purpose of improving the operational efficiency,

  • (b)

    minor works and fitout of new technology for telecommunications and technical purposes,

  • (c)

    replacement of doors, walls, ceiling or floor linings,

  • (d)

    renovation of bathrooms, kitchens and storage areas.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the development must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    any internal alterations must not affect the load-bearing capacity of any load-bearing component of the building,

  • (c)

    the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

6Minor building works related to permanent and temporary security arrangements(1)

Exempt development includes minor building works related to permanent and temporary security arrangements, including—

  • (a)

    the installation of security cameras, light fittings and other minor alterations and additions to the interior or exterior spaces of the building to upgrade building security,

  • (b)

    the installation of emergency security fencing, scaffolding, hoardings or other barriers to prevent unauthorised access or to secure public safety.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the minor building works must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the minor building works must not involve significant changes to the external appearance of the building,

  • (c)

    the minor building works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

  • (d)

    the minor building works must be appropriate having regard to current and future risk/threat assessments provided by State and/or Commonwealth security agencies or by recognised security consultants commissioned by the Sydney Opera House and the NSW Police Force.

cl 6: Subst 2005 (392), Sch 1 [3]. Am 2005 (780), Sch 1 [1] [2]; 2007 (359), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].

7Internal works and fitout of shops, restaurants, cafes and offices(1)

Exempt development includes internal works and fitout of shops, restaurants, cafes and offices.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the development must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the development must not involve significant changes to the external appearance of the building,

  • (c)

    the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

8Minor public domain works(1)

Exempt development includes minor public domain works including—

  • (a)

    footpath improvements, tree planting, re-paving, street surfacing, kerb reconstruction, footpaths, gutters, street furniture (benches, bollards, public artwork, installations and street lighting), and

  • (b)

    installation of permanent directional/wayfinding signage.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the works must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

  • (c)

    the works must not prevent public access to, and use of, the adjoining public domain.

9Installation of minor structures ancillary to the use of Sydney Opera House(1)

Exempt development includes the installation of minor structures ancillary to the use of the Sydney Opera House, including small structures to house on-line information, refreshment vending carts (up to a maximum number of 12), ticketing and banking services and plasma and flat screen displays for the purpose of promoting performances and sponsors.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the structures must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the structures do not obstruct views identified as significant in the CMP,

  • (c)

    the structures must not prevent public access to, and use of, the adjoining public domain,

  • (d)

    the structures must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

10Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House(1)

Exempt development includes signage associated with shops, cafes, restaurants and offices, and signage for the purposes of advertising the events within the Sydney Opera House such as concourse posters, and light boxes, including—

  • (a)

    removal of signage,

  • (b)

    replacement of existing signage with new signage,

  • (c)

    installation of new signage.

(2)

Any such exempt development must comply with the following requirements—

  • (a)

    the signage must be identified as non-intrusive or of “low” significance in the CMP,

  • (b)

    the development must make no change to the dimension, size and location of the existing signage,

  • (c)

    any new signage must be consistent with signage for adjoining tenancies in regard to size, dimension, location, design details and total number,

  • (d)

    the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

11Temporary use of Sydney Opera House to project fireworks or make broadcast(1)

Exempt development includes the temporary use of the Sydney Opera House to project fireworks or make a broadcast.

(2)

Any such use must comply with the following requirements—

  • (a)

    the use must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    the use must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

  • (c)

    the use must be only for limited periods and on infrequent occasions,

  • (d)

    the use must be confined to exceptional, non-commercial occasions of brief duration.

12Temporary use of public space for community events(1)

Exempt development includes the temporary use of public space for community events that are open to the general public with no entry charges, including public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.

(2)

Any such use must comply with the following requirements—

  • (a)

    the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays and 8.00am to midnight on Fridays and Saturdays, except New Years Eve celebrations which may occur between 8.00am and 2.00am,

  • (b)

    community events (not more than four events in total in a calendar year) can start as early as 6.00am,

  • (c)

    set-up and clean-up can occur one day before and one day after each event, except some community events (not more than a total of five events in a calendar year) with longer set-up and clean-up times may be required (not more than six bump in/out days in total per event),

  • (d)

    should the event involve amplified music, ancillary to the main purpose of the event, the noise levels at the following locations must not exceed the background noise levels—

    • (i)

      Beulah Street Wharf (off Waruda Street), Kirribilli,

    • (ii)

      Cremorne Wharf (off Milson Road), Cremorne Point,

    • (iii)

      a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,

    • (iv)

      Dawes Point Park (off Lower Fort Street), Millers Point,

  • (e)

    all amplified music is to commence after 8.00am (except for those four events in total in a calendar year which may start as early as 6.00am) and to cease by 10.30pm on Sundays to Thursdays and 11.30pm on Fridays and Saturdays,

  • (f)

    lighting associated with events must not cause adverse impact on the area surrounding the site,

  • (g)

    the event does not include staging of private or commercial functions,

  • (h)

    back of house areas must be carefully designed (fencing and gates must be of high quality, and provide artwork and visual interest/public information in appropriate places).

13Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House(1)

Exempt development includes the temporary use of public space for minimal impact events related to the primary function of the Opera House as a performing arts centre, including temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event for which an entry fee may be charged.

(2)

Any such use must comply with the following requirements—

  • (a)

    the use takes place not more than 40 days (whether consecutive or not) in any 12 month period,

  • (b)

    the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays (all amplified music to commence after 10.00am and to cease by 10.30pm) and 8.00am to midnight on Fridays and Saturdays (all amplified music to commence after 10.00am and to cease by 11.30pm),

  • (c)

    no more than 5,000 people attend each event at any one time,

  • (d)

    in addition to the maximum events days (ie 40 days) set-up and clean-up can occur one day before and one day after each event. Any additional days required for set-up and clean-up are to be included within the 40 days,

  • (e)

    lighting associated with events must not cause adverse impact on the area surrounding the site,

  • (f)

    noise levels at the following locations must not exceed LAmax 70 dB(A) and LCmax 90 dB(C) from Friday to Saturday and LAmax 65 dB(A) and LCmax 85 dB(C) from Sunday to Thursday—

    • (i)

      Beulah Street Wharf (off Waruda Street), Kirribilli,

    • (ii)

      Cremorne Wharf (off Milson Road), Cremorne Point,

    • (iii)

      a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,

    • (iv)

      Dawes Point Park (off Lower Fort Street), Millers Point.

cl 13: Rep 2005 (194), cl 13 (2). Ins 2007 (456), Sch 1 [1]. Rep 2008 No 62, Sch 4. Ins 2009 (284), Sch 1 [6]. Am 2011 (103), Sch 1.10 [1]. Rep 2011 (511), Sch 6.12 [19].

14Erection of temporary building ancillary to the temporary use of a public space for minimal impact events(1)

Exempt development includes the erection of temporary buildings ancillary to the temporary use of a public space for minimal impact events.

(2)

Any such use must comply with the following requirements—

  • (a)

    all temporary buildings related to events must be confined to the event site area,

  • (b)

    public access to the lower concourse via the southern escalators, southern stairs and ramp must not be obstructed at any time,

  • (c)

    public access must not be obstructed between the bottom of the Tarpeian Steps and Royal Botanic Gardens Opera House Gate along the forecourt except during events,

  • (d)

    must not obstruct views identified as significant in the CMP,

  • (e)

    must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

  • (f)

    details of temporary buildings must be consistent with the principles of the CMP in relation to “exterior furniture”,

  • (g)

    any temporary building must not remain in place for not more than 40 days (whether consecutive or not) in any 12 month period, excluding one day bump-in and one day bump-out for each event.

(3)

In this clause, minimal impact events include temporary outdoor events and performances such as Sydney Festival events that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.

cl 14: Am 2005 (392), Sch 1 [11]. Subst 2005 (780), Sch 1 [5]. Rep 2021 (682), Sch 1[3].

15Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events(1)

Exempt development includes the erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events.

(2)

Any such use must comply with the following requirements—

  • (a)

    must not adversely affect the heritage significance of the Sydney Opera House,

  • (b)

    must have no adverse effect on fabric rated “some”, “considerable” or “exceptional” significance in the CMP,

  • (c)

    must not be displayed for more than fourteen days before a temporary outdoor event and must be removed within seven days after the event,

  • (d)

    does not obstruct views identified as significant in the CMP,

  • (e)

    must not contain general advertising unrelated to events or sponsors at the Sydney Opera House,

  • (f)

    any temporary signage ancillary to minimal impact events must not remain in place for more than 60 days (whether consecutive or not) in any 12 month period.

(3)

In this clause—

community events include public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.

minimal impact events include temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.

cl 15: Am 2005 (392), Sch 1 [12] [13]. Rep 2011 (511), Sch 6.12 [20].

Appendix 1 (previously sch 3, pt 1): Renumbered 2019 (659), Sch 3.2[4].

sch 1: Am 2005 (392), Sch 1 [15]–[19]; 2005 (780), Sch 1 [6]; 2006 No 58, Sch 2.56 [1]; 2006 (581), Sch 1; 2006 No 120, Sch 2.88 [1]; 2006 (720), Sch 2; 2007 (171), Sch 1 [7]–[9]; 2007 (359), Sch 1 [4]–[11]; 2009 (91), Sch 3.14; 2009 (284), Sch 1 [10] [11]; 2009 (342), Sch 1 [1] [2]; 2011 (232), Sch 1 [5]. Rep 2011 (511), Sch 6.12 [24].

Appendix 2The Luna Park site

sch 2, hdg: Am 2005 (392), Sch 1 [20]. Rep 2011 (511), Sch 6.12 [25].

Part 1Preliminary1

(Repealed)

1ADefinitions

In this Appendix—

amusement device includes an amusement, ride or game.

Heritage Council has the same meaning as in the Heritage Act 1977.

Luna Park means the land identified as “Luna Park” on the Luna Park Amusement Zone Map.

Luna Park Amusement Zone Map means the State Environmental Planning Policy (State Significant Precincts) 2005 Luna Park Amusement Zone Map.

the cliff top sites means land in the cliff top area, near the intersection of Glen and Dind Streets, North Sydney, being such part of Lot 1 DP 1066900 as comprises former Lots 1259 and 1260 DP 48514.

The Midway means the land identified as “The Midway” on the Luna Park Amusement Zone Map.

Part 2Development on the cliff top sites1BLand to which Part applies

This Part applies to the cliff top sites.

1CSubdivision—consent requirements

Land to which this Part applies may be subdivided, but only with development consent.

Notes—

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Policy or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

1DDemolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Policy or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

1ETemporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Policy, development consent may be granted for development on land to which this Part applies for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Policy and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2Development near the intersection of Glen and Dind Streets, North Sydney(1)

This clause applies to land in the cliff top area, near the intersection of Glen and Dind Streets, North Sydney, being such part of Lot 1 DP 1066900 as comprises former Lots 1259 and 1260 DP 48514 (the cliff top sites).

(2)

(Repealed)

(3)

Development may be carried out on the cliff top sites for any purpose that is an authorised use under section 6C of the Luna Park Site Act 1990 in relation to the cliff top area.

(4)

Any building on the cliff top sites—

  • (a)

    must not exceed—

    • (i)

      in the case of a building on land comprising former Lot 1259 DP48514, 44.8 metres in height above Australian Height Datum, or

    • (ii)

      in the case of a building on land comprising former Lot 1260 DP48514, 31.5 metres in height above Australian Height Datum, and

  • (b)

    must not encroach on land beneath the canopy of any heritage fig tree.

(5)

Any building on land comprising former Lot 1259 DP48514, and any parking space on that land, must be set back at least 6 metres from the northern boundary of that land.

(6)

Subclause (5) does not prevent the erection, within 6 but no closer than 1.7 metres of the northern boundary, of any structure to facilitate vehicular access to parking spaces within the building.

(7)

Development consent must not be granted to the erection of any building on the cliff top sites unless—

  • (a)

    the consent authority is satisfied, after consultation with the Roads and Traffic Authority, that the building will not interfere with sight lines along Glen and Northcliff Streets to such an extent as to be a hazard to traffic, and

  • (b)

    the consent authority is satisfied, on the basis of information provided by the applicant for development consent, that neither the building, nor the process of its erection, will threaten or damage any heritage fig tree and, in particular, that land beneath the canopy of any heritage fig tree will not be used for any purpose in connection with the erection of the building, and

  • (c)

    the consent authority is satisfied that appropriate arrangements will be made to give public access to the open spaces around the building.

(8)

Nothing in any local environmental plan or regional environmental plan applies to or in respect of the carrying out of development on the cliff top sites.

(9)

(Repealed)

(10)

Clause 4.6 of North Sydney Local Environmental Plan 2013 does not apply to or in respect of the cliff top sites.

(11)

In this clause—

cliff top area has the same meaning as it has in Part 2A of the Luna Park Site Act 1990.

heritage fig tree means a fig tree that is a heritage item for the purposes of North Sydney Local Environmental Plan 2001.

2AConversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

  • (b)

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

  • (c)

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

(3)

Development to which subclause (2) applies is complying development if it consists only of—

  • (a)

    internal alterations to a building, or

  • (b)

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

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

Part 3Amusement devices3Exempt development—amusement devices

The installation, modification, replacement, relocation or operation of an amusement device that is on land identified as “Exempt and complying development” on the Luna Park Amusement Zone Map is exempt development if it complies with the following requirements—

  • (a)

    the amusement device must not be installed for more than 16 weeks in any 26 week period,

  • (b)

    the development must not involve any permanent footings or foundations,

  • (c)

    the development must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate,

  • (d)

    the development must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia,

  • (e)

    the amusement device must be installed in accordance with the manufacturer’s specifications, if applicable,

  • (f)

    the development must—

    • (i)

      be consistent with a conservation management plan endorsed by the Heritage Council under section 38A of the Heritage Act 1977, or

    • (ii)

      have been granted an exemption under section 57(2) of that Act or be subject to an exemption under section 57(1A) or (3) of that Act, or

    • (iii)

      be consistent with an approval granted under section 63 of that Act,

  • (g)

    the amusement device must not exceed a stationary height of RL20,

  • (h)

    the amusement device must not be enclosed (partially or otherwise) within a new building,

  • (i)

    the amusement device must not emit noise that exceeds the maximum permissible noise level (within the meaning of section 19A(5) of the Luna Park Site Act 1990),

  • (j)

    the amusement device must not involve strobe lighting,

  • (k)

    the development must be consistent with—

    • (i)

      the Luna Park Acoustic Plan of Management adopted on 4 June 2002, and

    • (ii)

      the Luna Park Lighting Strategy adopted on 28 May 2002, and

    • (iii)

      AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and

    • (iv)

      AS/NZS 1158.3.1:1999, Road lighting, Part 3.1: Pedestrian area (Category P) lighting—Performance and installation design requirements,

  • (l)

    the development must comply with the relevant provisions of AS 3533.1–2009, Amusement rides and devices—Design and construction.

Note 1—

The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017 contain provisions relating to amusement devices.

Note 2—

The development consent for DA 154-06-01 imposes conditions regulating the hours of operation of all external rides, amusements and entertainments at Luna Park.

4Complying development—amusement devices

The installation, modification, replacement, relocation or operation of an amusement device on land identified as “Exempt and complying development” on the Luna Park Amusement Zone Map is complying development if it complies with the following requirements—

  • (a)

    the number of amusement devices within Luna Park with a stationary height of more than RL22 must not exceed 6,

  • (b)

    the amusement device must not exceed a stationary height of RL40,

  • (c)

    the development must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia,

  • (d)

    the development must meet the relevant provisions of the Building Code of Australia,

  • (e)

    the amusement device must not emit noise that exceeds the maximum permissible noise level (within the meaning of section 19A(5) of the Luna Park Site Act 1990),

  • (f)

    the development must—

    • (i)

      be consistent with a conservation management plan endorsed by the Heritage Council under section 38A of the Heritage Act 1977, or

    • (ii)

      have been granted an exemption under section 57(2) of that Act or be subject to an exemption under section 57(1A) or (3) of that Act, or

    • (iii)

      be consistent with any approval granted under section 63 of that Act,

  • (g)

    the amusement device must not be enclosed (partially or otherwise) within a new building,

  • (h)

    the amusement device must not involve strobe lighting,

  • (i)

    the development must be consistent with—

    • (i)

      the Luna Park Acoustic Plan of Management adopted on 4 June 2002, and

    • (ii)

      the Luna Park Lighting Strategy adopted on 28 May 2002, and

    • (iii)

      AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and

    • (iv)

      AS/NZS 1158.3.1:1999, Road lighting, Part 3.1: Pedestrian area (Category P) lighting—Performance and installation design requirements,

  • (j)

    the development must comply with the relevant provisions of AS 3533.1–2009, Amusement rides and devices—Design and construction,

  • (k)

    if works are required for the purposes of the development, the occupier of each dwelling that is located on a lot that has a boundary within 20 metres of Luna Park has been given written notice of the works at least 7 days before the works commence.

Note—

The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017 contain provisions relating to amusement devices.

5Amusement devices on “The Midway”(1)

The installation, modification, replacement or relocation of an amusement device on The Midway must also comply with the following requirements—

  • (a)

    despite clause 3(a) of this Appendix, the amusement device must not be installed for a period exceeding 3 months,

  • (b)

    the development must not result in the width of The Midway being less than 8 metres,

  • (c)

    the amusement device must not exceed a length or width of more than 10 metres,

  • (d)

    emergency vehicle access to and through The Midway must be maintained.

(2)

Subclause (1)(b) does not prevent an amusement device being installed on, or relocated to, the site occupied by the ferris wheel or carousel ride at the commencement of this clause.

6Condition of complying development

A complying development certificate issued under this Appendix in relation to the operation of an amusement device must contain a condition requiring the hours of operation of the amusement device to be in accordance with the conditions of the development consent for DA 154-06-01.

Appendix 2 (previously sch 3, pt 2): Renumbered 2019 (659), Sch 3.2[4].

sch 2: Am 2005 (392), Sch 1 [21] [22]; 2005 (780), Sch 1 [7] [8]; 2005 (851), Sch 1 [2] [3]; 2006 (495), Sch 1 [3] [4]; 2006 (539), Sch 1; 2007 (171), Sch 1 [10]–[12]; 2007 (359), Sch 1 [12]–[22]; 2007 (511), Sch 1 [2] [3]; 2007 (641), Sch 5.43 [1]; 2009 (162), Sch 1 [3] [4]; 2009 (284), Sch 1 [12]–[14]; 2009 (342), Sch 1 [3] [4]; 2009 (494), Sch 1 [1]; 2010 (193), Sch 1 [5]; 2010 (281), Sch 2; 2011 (232), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [25].

Appendix 3Channel 7 site

sch 3, hdg: Am 2016 (153), cl 3 (3). Rep 2019 (659), Sch 3.2[5].

Part 1Preliminary1Definition of particular terms

In this Appendix—

basement means the space of a building where the floor level of that space is predominantly below ground level (finished) and where the floor level of the storey immediately above is less than 1.2 metres above ground level (finished).

Channel 7 site means the land identified on the Land Application Map.

dwelling, earthworks, excavation and gross floor area have the same meanings as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).

ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which development consent or an approval under Part 3A of the Act has been granted, or that is exempt development.

Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Height of Buildings Map.

Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Channel 7 Land Zoning Map.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    a basement.

2

(Repealed)

3Meaning of development purposes

Words and expressions used to refer to a development purpose in clause 8 or 9 have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).

4Application of this Appendix

Nothing in this Appendix applies to or with respect to development for the purposes of a public utility undertaking.

Part 25

(Repealed)

Part 3Provisions applying to development within Channel 7 site6Application of Part

This Part applies with respect to any development within the Channel 7 site and so applies whether or not the development is a transitional Part 3A project.

7Land use zones(1)

For the purposes of this Policy, land within the Channel 7 site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone—

  • (a)

    General Residential Zone,

  • (b)

    Public Recreation Zone.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

8General Residential Zone(1)

The objectives of the General Residential Zone are as follows—

  • (a)

    to provide for the housing needs of the community,

  • (b)

    to provide for a variety of housing types and densities,

  • (c)

    to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)

Development for any of the following purposes is permitted with consent within the General Residential Zone—

  • boarding houses; car parks; centre-based child care facilities; community facilities; dwelling houses; exhibition homes; group homes; home-based child care; home businesses; home industries; home occupations; hostels; multi dwelling housing; neighbourhood shops; office premises; places of public worship; recreation areas; residential care facilities; residential flat buildings; roads that are not classified roads; seniors housing; shop top housing; telecommunications facilities.

(3)

Except as otherwise provided by this Policy, development is prohibited within the General Residential Zone unless it is permitted by subclause (2).

9Public Recreation Zone(1)

The objectives of the Public Recreation Zone are as follows—

  • (a)

    to enable land to be used for open space or recreational purposes,

  • (b)

    to provide a range of recreational settings and activities and compatible land uses,

  • (c)

    to protect and enhance the natural environment for recreational purposes,

  • (d)

    to provide a range of community uses that serve the needs of the people who live and work in the surrounding neighbourhood.

(2)

Development for any of the following purposes is permitted with consent within the Public Recreation Zone—

  • car parks; centre-based child care facilities; community facilities; environmental facilities; environmental protection works; kiosks; recreation areas; recreation facilities (outdoor); roads that are not classified roads.

(3)

Except as otherwise provided by this Policy, development is prohibited within the Public Recreation Zone unless it is permitted by subclause (2).

10Development controls(1)

The height of a building on any land is not to exceed the maximum number of storeys shown for the land on the Height of Buildings Map.

(2)

Development for the purpose of a dwelling must not be carried out if it would result in—

  • (a)

    (Repealed)

  • (b)

    there being more than 800 dwellings (whether of the same or different types) on the Channel 7 site, or

  • (c)

    the total of the gross floor areas for dwellings within the Channel 7 site exceeding 80,000 square metres.

Part 4Miscellaneous11Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Channel 7 site are as follows—

  • (a)

    in the case of development that is a transitional Part 3A project—this Policy and all other State environmental planning policies except clause 4.6 of Parramatta Local Environmental Plan 2011,

  • (b)

    in the case of all other development—all environmental planning instruments except clause 4.6 of Parramatta Local Environmental Plan 2011.

12

(Repealed)

13Acquisition of land within Channel 7 site(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land within the Channel 7 site, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to that land (or, if none is specified, the authority designated or determined under those provisions)—

Zone

Authority of the State

Public Recreation Zone

The corporation constituted by section 2.5(1) of the Act

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

14Infrastructure development and the use of existing buildings of the Crown(1)

This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Infrastructure) 2007.

(2)

This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

Appendix 3 (previously sch 3, pt 4): Renumbered 2019 (659), Sch 3.2[4].

sch 3: Am 2005 (392), Sch 1 [23] [24]; 2005 (851), Sch 1 [3] [4]; 2006 (420), Sch 1; 2006 (442), Sch 1; 2006 (495), Sch 1 [5] [6]; 2006 (665), Sch 1 [2]–[4]; 2007 (40), Sch 1 [1] [2]; 2007 (202), Sch 1 [1] [2]; 2007 (217), Sch 1 [1] [2]; 2007 (234), Sch 1 [1] [2]; 2007 No 27, Sch 4.31; 2007 (345), Sch 1 [1] [2]; 2007 (359), Sch 1 [23]–[25]; 2007 (511), Sch 1 [4] [5]; 2008 (292), Sch 1; 2008 (293), Sch 1; 2008 (406), Sch 1; 2008 (457); Sch 1; 2008 (483), Sch 1 [1]–[6]; 2008 (495), Sch 1 [2]; 2008 (496), Sch 1 [2]; 2008 (511), Sch 1; 2008 (557), Sch 1 [2]; 2008 No 114, Sch 2.30; 2008 (629), Sch 1; 2009 (5), Sch 1; 2009 (120), Sch 1; 2009 (161), Sch 1; 2009 (283), Sch 1 [1]–[12]; 2009 No 56, Sch 2.63 [1]–[3]; 2009 (333), Sch 1 [1]–[5]; 2009 (342), Sch 1 [5]; 2009 (364), Sch 3.7; 2009 (456), Sch 1; 2009 (494), Sch 1 [2]; 2009 (549), Sch 1; 2009 (604), Sch 1; 2010 (18), cl 3; 2010 (19), Sch 1 [1] [2]; 2010 (136) Sch 1 [1]–[67]; 2010 (137), Sch 1; 2010 No 59, Sch 2.88 [1] [2]; 2010 (316), cl 1.9 (2A); 2010 (361), Sch 1; 2010 (417), Sch 1 [1]–[3]; 2010 (522), cl 3; 2010 (531), Sch 1 [1]–[7]; 2010 (604), Sch 1 [1] [2]; 2010 (615), Sch 1.1 [2]–[6]; 2010 (620), Sch 1 [1] [2]; 2010 (631), Sch 1.1 [1] [2]; 2010 (692), Sch 1 [1]–[6]; 2010 (765), Sch 1; 2011 (10), Sch 1 [1]; 2011 (26), Sch 1 [1] [2]; 2011 (100), cl 3 (1) (2); 2011 (103), Sch 1.10 [2]; 2011 No 27, Sch 2.51; 2011 (405), Sch 1; 2011 (406), cl 3; 2011 (511), Sch 6.12 [26]–[33]; 2011 No 62, Sch 2.34 [2]; 2011 (679), Sch 1 [1] [2]; 2012 (31), Sch 1 [1]–[5]; 2012 (106), Sch 1 [1]–[5]; 2012 (120), Sch 1 [1]–[11]; 2012 (203), cl 3 (1) (2); 2012 No 42, Sch 5; 2012 (473), Sch 1 [2] [3]; 2012 (671), Sch 1 [1]–[9]; 2013 (67), cl 3; 2013 (228), Sch 3 [1]–[7]; 2013 (241), Sch 2.1 [1]–[7]; 2013 (706), Sch 2.13 [2]–[13] [16]–[35]; 2013 (759), cl 1.8B (1); 2014 (17), cl 3 (1)–(4); 2014 (97), Sch 2.2 [1]; 2014 (148), cl 4; 2014 (179), cl 1.8B; 2014 (220), cl 3; 2015 (127), cl 5; 2015 (588), Sch 2; 2016 (127), cl 3 (1)–(6); 2016 (130), cl 3; 2016 (364), Sch 1; 2016 (310), Sch 4.31; 2016 (564), Sch 1 [1]–[3]; 2017 (493), Sch 3.4 [1]–[3]; 2018 (68), Sch 2 [1]; 2018 (106), Sch 2.18 [2]; 2018 (420), Sch 1 [1]; 2018 (488), Sch 2.2 [2]–[4]; 2018 (513), Sch 1 [1]–[11]; 2018 (718), Sch 1 [1] [2]; 2019 (460), cl 4 (1) (2); 2019 (577), Sch 1.3[1]–[5]; 2019 (621), Sch 2.31[1]–[4]; 2019 (659), Schs 1.31[1]–[13], 2.32[1]–[25], Sch 3.2[3]. Renumbered as Appendices 1–19, 2019 (659), Sch 3.2[4]. Rep 2019 (659), Sch 3.2[5].

Appendix 4The Redfern–Waterloo Authority SitesPart 1Preliminary1Land to which Appendix applies

This Appendix applies to the area shown edged heavy black on the Land Application Map referred to in this Schedule as the Redfern–Waterloo Authority Sites.

2Definitions(1)

A word or expression used in this Appendix has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Appendix.

(2)

In this Appendix—

Additional Permitted Uses Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Additional Permitted Uses Map.

Floor Space Ratio Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Floor Space Ratio Map.

Gross Floor Area Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Gross Floor Area Map.

Height of Buildings Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Height of Buildings Map.

Heritage Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Heritage Map.

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

Land Application Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Land Application Map.

Land Zoning Map means the State Environmental Planning Policy (Major Development) 2005 Redfern–Waterloo Authority Sites—Land Zoning Map.

rail infrastructure facilities include—

  • (a)

    railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and

  • (b)

    signalling, train control, communication and security systems, and

  • (c)

    power supply (including overhead power supply) systems, and

  • (d)

    railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and

  • (e)

    public amenities for commuters, and

  • (f)

    associated public transport facilities for railway stations, and

  • (g)

    maintenance, repair and stabling facilities for rolling stock, and

  • (h)

    refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and

  • (i)

    railway workers’ facilities, and

  • (j)

    rail freight terminals, sidings and freight intermodal facilities,

but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes.

storey means a space within a building that is situated between one floor level and the floor level next above or, if there is no floor level above, the ceiling or roof above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    an attic, or

  • (d)

    a basement, or

  • (e)

    any space within a building with a floor level that is predominantly below a basement.

3Relationship with other environmental planning instruments

All other environmental planning instruments do not apply to the Redfern–Waterloo Authority Sites, except for other State environmental planning policies.

4

(Repealed)

Part 25

(Repealed)

Part 3Provisions relating to development of Redfern–Waterloo Authority Sites6Development to which Part applies

The provisions of this Part apply with respect to development on land within the Redfern–Waterloo Authority Sites and so apply whether or not the development is a transitional Part 3A project.

7Land use zones(1)

For the purposes of this Policy, land within the Redfern–Waterloo Authority Sites is within a zone specified below if the land is shown on the Land Zoning Map as being within that zone—

  • (a)

    Business Zone—Business Park

  • (b)

    Business Zone—Commercial Core

  • (c)

    Business Zone—Mixed Use

  • (d)

    Business Zone—Local Centre

  • (e)

    Recreation Zone—Public Recreation

  • (f)

    Recreation Zone—Private Recreation

  • (g)

    Residential Zone—Medium Density Residential

  • (h)

    Special Purpose Zone—Infrastructure

  • (i)

    Special Purpose Zone—Community

(2)

The consent authority must take into consideration each of the objectives for development in a zone when determining a development application in respect of land within the zone.

8Business Zone—Business Park(1)

The objectives of the Business Zone—Business Park are as follows—

  • (a)

    to establish business and technology parks to encourage employment generating activities that provide for a wide range of business, technology, educational and entertainment facilities in the Zone,

  • (b)

    to support development that is related or ancillary to business, technology or education,

  • (c)

    to support development for retail uses that primarily serve the needs of the working population in the Zone and the local community,

  • (d)

    to ensure the vitality and safety of the community and public domain,

  • (e)

    to ensure buildings achieve design excellence,

  • (f)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes is prohibited on land within the Business Zone—Business Park—

  • boarding houses; bulky goods premises; depots; dual occupancies; dwelling houses; group homes; hazardous industries; hazardous storage establishments; heavy industries; offensive industries; residential accommodation; restricted premises; sex services premises.

(3)

Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Business Park unless it is prohibited by subclause (2).

9Business Zone—Commercial Core(1)

The objectives of the Business Zone—Commercial Core are as follows—

  • (a)

    to facilitate the development of a town centre,

  • (b)

    to encourage employment generating activities by providing a wide range of retail, business, office, community and entertainment facilities,

  • (c)

    to permit residential development that is compatible with non-residential development,

  • (d)

    to maximise public transport patronage and encourage walking and cycling,

  • (e)

    to ensure the vitality and safety of the community and public domain,

  • (f)

    to ensure buildings achieve design excellence,

  • (g)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes is prohibited on land within the Business Zone—Commercial Core—

  • bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouses or distribution centres.

(3)

Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Commercial Core unless it is prohibited by subclause (2).

10Business Zone—Mixed Use(1)

The objectives of the Business Zone—Mixed Use are as follows—

  • (a)

    to support the development of sustainable communities with a mix of employment, educational, cultural and residential opportunities,

  • (b)

    to encourage employment generating activities by providing a range of office, business, educational, cultural and community activities in the Zone,

  • (c)

    to permit residential development that is compatible with non-residential development,

  • (d)

    to maximise public transport patronage and encourage walking and cycling,

  • (e)

    to ensure the vitality and safety of the community and public domain,

  • (f)

    to ensure buildings achieve design excellence,

  • (g)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes is prohibited on land within the Business Zone—Mixed Use—

  • bulky goods premises; depots; dual occupancies; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops.

(3)

Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Mixed Use unless it is prohibited by subclause (2).

11Business Zone—Local Centre(1)

The objectives of the Business Zone—Local Centre are as follows—

  • (a)

    to facilitate the development of a local centre,

  • (b)

    to provide a range of retail, business, educational, health and community facilities in the Zone to serve the local community,

  • (c)

    to permit residential development that is compatible with non-residential development,

  • (d)

    to maximise public transport patronage and encourage walking and cycling,

  • (e)

    to ensure the vitality and safety of the community and public domain,

  • (f)

    to ensure buildings achieve design excellence,

  • (g)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes is prohibited on land within the Business Zone—Local Centre—

  • depots; dwelling houses; hazardous industries; hazardous storage establishments; heavy industries; home occupations (sex services); industries; light industries; offensive industries; offensive storage establishments; restricted premises; sex services premises; transport depots; truck depots; vehicle body repair workshops; warehouse or distribution centres.

(3)

Except as otherwise provided by this Policy, development is permitted with consent on land within the Business Zone—Local Centre unless it is prohibited by subclause (2).

12Recreation Zone—Public Recreation(1)

The objectives of the Recreation Zone—Public Recreation are as follows—

  • (a)

    to enable land to be used for public open space or recreational purposes,

  • (b)

    to enable development for the enjoyment of the community,

  • (c)

    to ensure the vitality and safety of the community and public domain,

  • (d)

    to enhance and protect the natural environment for recreational purposes,

  • (e)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes may be carried out on land within the Recreation Zone—Public Recreation only with consent—

  • car parks; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (outdoor).

(3)

Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Public Recreation unless it may be carried out under subclause (2).

13Recreation Zone—Private Recreation(1)

The objectives of the Recreation Zone—Private Recreation are as follows—

  • (a)

    to enable land to be used for private open space or recreational purposes,

  • (b)

    to enable a range of recreational and community activities and compatible land uses,

  • (c)

    to ensure the vitality and safety of the community and public domain,

  • (d)

    to enhance and protect the natural environment for recreational purposes,

  • (e)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes may be carried out on land within the Recreation Zone—Private Recreation only with consent—

  • car parks; community facilities; environmental facilities; environmental protection works; kiosks; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor).

(3)

Except as otherwise provided by this Policy, development is prohibited on land within the Recreation Zone—Private Recreation unless it may be carried out under subclause (2).

14Residential Zone—Medium Density Residential(1)

The objectives of the Residential Zone—Medium Density Residential are as follows—

  • (a)

    to provide for a range and variety of housing types in the Zone,

  • (b)

    to allow for other types of development to provide facilities or services to meet the day to day needs of residents in the local area,

  • (c)

    to enable other development that is compatible with housing,

  • (d)

    to ensure the vitality and safety of the community and public domain,

  • (e)

    to ensure that buildings achieve design excellence,

  • (f)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes may be carried out on land within the Residential Zone—Medium Density Residential only with development consent—

  • boarding houses; centre-based child care facilities; community facilities; dual occupancies; dwelling houses; group homes; health consulting rooms; home industries; multi dwelling housing; neighbourhood shops; places of public worship; residential flat buildings; seniors housing; shop top housing; telecommunications facilities; temporary structures.

(3)

Except as otherwise provided by this Policy, development is prohibited on land within the Residential Zone—Medium Density Residential unless it may be carried out under subclause (2).

15Special Purpose Zone—Infrastructure(1)

The objectives of the Special Purpose Zone—Infrastructure are as follows—

  • (a)

    to provide for railway infrastructure and related facilities,

  • (b)

    to prevent development in the Zone that is not compatible with or may detract from the provision of railway infrastructure and related facilities,

  • (c)

    to ensure the vitality and safety of the community and public domain,

  • (d)

    to ensure that buildings achieve design excellence,

  • (e)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Infrastructure only with consent—

  • (a)

    the alteration of or addition to a railway station; the construction of a new railway station; retail or business activities ancillary to a railway station,

  • (b)

    telecommunications facilities,

  • (c)

    access facilities (such as tunnels or bridges) that traverse the railway corridor.

(3)

Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone—Infrastructure unless it may be carried out under subclause (2).

16Special Purpose Zone—Community(1)

The objectives of the Special Purpose Zone—Community are as follows—

  • (a)

    to enable land to be used for community purposes,

  • (b)

    to enable development to be carried out for the social, educational and recreational needs of the community,

  • (c)

    to support development that is related or ancillary to community, recreational or educational use of the land in the Zone,

  • (d)

    to ensure the vitality and safety of the community and public domain,

  • (e)

    to ensure that buildings achieve design excellence,

  • (f)

    to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2)

Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Community only with development consent—

  • advertisements; advertising structures; boarding houses; car parks; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; function centres; hostels; information and educational facilities; kiosks; medical centres; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); registered clubs; restaurants; telecommunications facilities; temporary structures; tourist and visitor accommodation related or ancillary to community facilities, educational establishments, recreation facilities (indoor) or recreation facilities (outdoor).

(3)

Except as otherwise provided by this Policy, development is prohibited on land within the Special Purpose Zone—Community unless it may be carried out under subclause (2).

cl 16: Ins 2006 (495), Sch 1 [2]. Subst 2006 (665), Sch 1 [1]. Am 2007 (171), Sch 1 [6]; 2007 (359), Sch 1 [3]; 2007 (511), Sch 1 [1]; 2008 (495), Sch 1 [1]; 2008 (496), Sch 1 [1]; 2009 (162), Sch 1 [2]; 2009 (284), Sch 1 [8] [9]; 2009 (412), Sch 1 [3]; 2010 (615), Sch 1.1 [1]; 2011 (511), Sch 6.12 [21]; 2018 (488), Sch 2.2 [1]. Rep 2021 (682), Sch 1[3].

16AExceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

  • (a)

    that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

  • (b)

    that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Development consent must not be granted for development that contravenes a development standard unless—

  • (a)

    the consent authority is satisfied that—

    • (i)

      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

    • (ii)

      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

  • (b)

    the concurrence of the Planning Secretary has been obtained.

(5)

In deciding whether to grant concurrence, the Planning Secretary must consider—

  • (a)

    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

  • (b)

    the public benefit of maintaining the development standard, and

  • (c)

    any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

(6)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(7)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

17Exempt development

The following development is exempt development if it is carried out on land within the Redfern–Waterloo Authority Sites, is of minimal environmental impact and complies with the criteria set out in the guidelines prepared by the Redfern–Waterloo Authority (and approved by the Minister and made publicly available) for the purposes of this clause—

  • (a)

    the temporary use of the land for community events that are open to the general public, including public gatherings, ceremonies, sporting events or outdoor exhibitions,

  • (b)

    the erection and use of temporary structures, having minimal visual impact, for the purposes of, or in connection with, any such community event,

  • (c)

    the erection and use of outdoor seating, tables and similar furniture located in the public domain and associated with cafes, restaurants, bars and other similar development,

  • (d)

    the erection, installation, maintenance and upgrading by or on behalf of a public authority of public furniture, planter boxes, lighting, public art, street signs, bus shelters, public telephone booths or post boxes, or the carrying out by or on behalf of a public authority of street planting, work for the purpose of changing the width or surface of a footpath, and related road works,

  • (e)

    the erection, installation, maintenance and upgrading by or on behalf of a public authority in existing public recreation areas of public furniture, shade structures, public art, tables, seats, children’s play equipment, barbecues and toilets,

  • (e1)

    the carrying out, by or on behalf of a public authority, of landscaping associated with existing public recreation areas,

  • (f)

    development for the purposes of real estate signs,

  • (g)

    the erection of a flagpole, if the maximum height of the flagpole is not more than 6 metres above existing ground level,

  • (h)

    erection of a side or rear boundary fence located behind the front wall of a building, if the fence does not exceed 1.8 metres in height and is not of masonry construction,

  • (i)

    the use of premises for a home business,

  • (j)

    minor internal alterations to commercial or retail premises, such as fit-out works or the installation of partitions, shelving, benches or workstations, if the alterations are not structural, do not result in the creation of additional floor space and do not change the building classification.

cl 17: Ins 2011 (232), Sch 1 [4]. Am 2011 (511), Sch 6.12 [22] [23]. Rep 2021 (682), Sch 1[3].

18Unzoned land(1)

This clause applies to land within the Redfern–Waterloo Authority sites that is not within a zone specified in clause 7.

(2)

Except as provided by this clause, development is prohibited on land to which this clause applies.

(3)

Development for the purposes of public utility undertakings to which clause 19(1) applies may be carried out on land to which this clause applies without development consent.

(4)

Development referred to in clause 30 may be carried out on land to which this clause applies with development consent.

cl 18: Ins 2012 (473), Sch 1 [1]. Rep 2021 (682), Sch 1[3].

19Public utility undertakings excepted(1)

Development for the purposes of public utility undertakings that is carried out on land within the Redfern–Waterloo Authority Sites does not require development consent.

(2)

Subclause (1) does not apply to development referred to in clause 15(2)(a) or (c).

20Subdivision—consent requirements(1)

Land within the Redfern–Waterloo Authority Sites may be subdivided, but only with consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

(2)

(Repealed)

(3)

Despite subclause (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except—

  • (a)

    in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or

  • (b)

    where the building has been designed or approved for occupation as a single unit.

20ADemolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Policy or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

21Height, floor space ratio and gross floor area restrictions(1)

The height of a building on any land that is the subject of the Height of Buildings Map is not to exceed the maximum height shown for the land on that map.

(2)

The floor space ratio of a building on any land that is the subject of the Floor Space Ratio Map is not to exceed the floor space ratio shown for the land on that map.

(2A)

The gross floor area of a building on any land that is the subject of the Gross Floor Area Map, being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.

Note—

The total maximum floor space ratio for the land to which this subclause applies is equivalent to 2:1.

(3)

This clause applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this clause), provided for the construction of a building that exceeds the height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subclauses (1), (2) and (2A).

22Design excellence(1)

Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.

(2)

In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—

  • (a)

    whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

  • (b)

    whether the form and external appearance of the building will improve the quality and amenity of the public domain,

  • (c)

    whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,

  • (d)

    if a competition is held as referred to in subclause (3) in relation to the development, the results of the competition.

(3)

The consent authority may require a design competition for any development over 12 storeys consistent with guidelines issued by the Redfern–Waterloo Authority and approved by the Minister.

(4)

The Redfern–Waterloo Authority may draft a guideline to be approved by the Minister detailing what matters are to be addressed for design excellence and for the conduct of design competitions.

23Car parks

Development consent may not be granted for the purpose of car parks on land within the Business Zone—Business Park unless the consent authority is satisfied that the number of car parking spaces in that zone will not, as a result of the granting of consent, exceed 1,600 car spaces.

23AAdditional permitted uses for certain land

Despite any other provision of this Policy, a person may, with development consent, carry out development for the purposes of information and education facilities and rail infrastructure facilities on land shown hatched on the Additional Permitted Uses Map.

24Suspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land within any zone to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)

Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).

24AInfrastructure development and use of existing buildings of the Crown(1)

This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2)

This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

24BConversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

  • (b)

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

Date of commencement, on gazettal.

2007

(40)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 11). GG No 24 of 2.2.2007, p 655.

Date of commencement, on gazettal.

(171)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 4). GG No 53 of 18.4.2007, p 2349.

Date of commencement, on gazettal.

(202)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 14). GG No 66 of 11.5.2007, p 2687.

Date of commencement, on gazettal.

(217)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 13). GG No 70 of 25.5.2007, p 2976.

Date of commencement, on gazettal.

(234)

State Environmental Planning Policy (Major Projects) (Amendment No 15). GG No 72 of 1.6.2007, p 3094.

Date of commencement, on gazettal.

No 27

Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.

Date of commencement of Sch 4, assent, sec 2 (2).

(345)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 17). GG No 92 of 20.7.2007, p 4718.

Date of commencement, on gazettal.

(359)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 16). GG No 94 of 27.7.2007, p 4833.

Date of commencement, on gazettal.

(456)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 23). GG No 116 of 7.9.2007, p 6963.

Date of commencement, on gazettal.

(511)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 18). GG No 146 of 12.10.2007, p 7756.

Date of commencement, on gazettal.

No 82

Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007.

Date of commencement of Sch 2.18, assent, sec 2 (2).

(641)

State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003.

Date of commencement, 1.1.2008, cl 3.

2008

(184)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 12). GG No 68 of 13.6.2008, p 4801.

Date of commencement, on gazettal.

No 62

Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.

Date of commencement of Sch 4, assent, sec 2 (1).

(292)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28). GG No 87 of 11.7.2008, p 6945.

Date of commencement, on gazettal.

(293)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 30). GG No 87 of 11.7.2008, p 6960.

Date of commencement, on gazettal.

(406)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 26). GG No 109 of 2.9.2008, p 9127.

Date of commencement, on gazettal.

(457)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 33). GG No 132 of 17.10.2008, p 10009.

Date of commencement, on gazettal.

(483)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 31). GG No 138 of 31.10.2008, p 10559.

Date of commencement, on gazettal.

(495)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 24). GG No 141 of 7.11.2008, p 10665.

Date of commencement, on gazettal.

(496)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 21). GG No 141 of 7.11.2008, p 10686.

Date of commencement, on gazettal.

(511)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29). GG No 147 of 14.11.2008, p 10970.

Date of commencement, on gazettal.

(557)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22). GG No 155 of 5.12.2008, p 11754.

Date of commencement, on gazettal.

No 114

Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008.

Date of commencement of Sch 2.30, assent, sec 2 (2).

(629)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 34). GG No 158 of 19.12.2008, p 12605.

Date of commencement, on gazettal.

2009

(4)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 32). GG No 8 of 9.1.2009, p 131.

Date of commencement, on gazettal.

(5)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 35). GG No 8 of 9.1.2009, p 134.

Date of commencement, on gazettal.

(91)

State Environmental Planning Policy (Western Sydney Parklands) 2009. LW 6.3.2009.

Date of commencement, on publication on LW.

(120)

State Environmental Planning Policy (Major Projects) Amendment (Bloomfield) 2009. LW 9.4.2009.

Date of commencement, on publication on LW.

(161)

State Environmental Planning Policy (Major Projects) 2005 (Amendment No 36). LW 1.5.2009.

Date of commencement, on publication on LW.

(162)

State Environmental Planning Policy (Major Projects) Amendment (Sydney Harbour Foreshore) 2009. LW 1.5.2009.

Date of commencement, 1.5.2009, cl 2.

(283)

State Environmental Planning Policy (Major Projects) Amendment (Caritas) 2009. LW 26.6.2009.

Date of commencement, on publication on LW.

(284)

State Environmental Planning Policy (Major Projects) Amendment (Joint Regional Planning Panels) 2009. LW 26.6.2009.

Date of commencement, 1.7.2009, cl 2.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 2.63, 17.7.2009, sec 2 (2).

(333)

State Environmental Planning Policy (Major Projects) Amendment (Redfern–Waterloo Authority and Channel 7) 2009. LW 17.7.2009.

Date of commencement, on publication on LW, cl 2.

(342)

State Environmental Planning Policy (Major Projects) Amendment (Three Ports) 2009. LW 24.7.2009.

Date of commencement, on publication on LW, cl 2.

(364)

State Environmental Planning Policy (Affordable Rental Housing) 2009. LW 31.7.2009.

Date of commencement of Sch 3.7, on publication on LW, cl 2 (1).

(412)

State Environmental Planning Policy (Major Development) Amendment (Wagga Wagga and Western Region Regional Panels) 2009. LW 21.8.2009.

Date of commencement, 1.9.2009, cl 2.

(456)

State Environmental Planning Policy (Major Development) Amendment (Macquarie University) 2009. LW 11.9.2009.

Date of commencement, on publication on LW, cl 2.

(481)

State Environmental Planning Policy (Major Development) Amendment (Redfern–Waterloo Authority Sites) 2009. LW 25.9.2009.

Date of commencement, on publication on LW, cl 2.

(494)

State Environmental Planning Policy (Major Development) Amendment (Sydney Olympic Park) 2009. LW 2.10.2009.

Date of commencement, on publication on LW, cl 2.

(549)

State Environmental Planning Policy (Major Development) Amendment (Sandon Point) 2009. LW 27.11.2009.

Date of commencement, on publication on LW, cl 2.

(604)

State Environmental Planning Policy (Major Development) Amendment (Wahroonga Estate) 2009. LW 18.12.2009.

Date of commencement, on publication on LW, cl 2.

2010

(18)

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2009. LW 22.1.2010.

Date of commencement, on publication on LW, cl 2.

(19)

State Environmental Planning Policy (Major Development) Amendment (Southern Highlands Regional Shooting Complex) 2010. LW 22.1.2010.

Date of commencement, on publication on LW, cl 2.

(136)

State Environmental Planning Policy (Major Development) Amendment (Maps) 2010. LW 23.4.2010.

Date of commencement, on publication on LW, cl 2.

(137)

State Environmental Planning Policy (Major Development) Amendment (Three Ports) 2010. LW 23.4.2010.

Date of commencement, on publication on LW, cl 2.

(173)

State Environmental Planning Policy Amendment (Capital Investment Value) 2010. LW 7.5.2010.

Date of commencement, on publication on LW, cl 2.

(193)

State Environmental Planning Policy (Major Development) Amendment (Joint Regional Planning Panels and Consent Functions) 2010. LW 18.5.2010.

Date of commencement, on publication on LW, cl 2.

(281)

State Environmental Planning Policy No 53—Metropolitan Residential Development Amendment (Ku-ring-gai) 2010. LW 25.6.2010.

Date of commencement, on publication on LW, cl 2.

No 59

Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 2.88, 9.7.2010, sec 2 (2).

(316)

Ryde Local Environmental Plan 2010. LW 30.6.2010.

Date of commencement, on publication on LW, cl 1.1AA.

(361)

State Environmental Planning Policy (Major Development) Amendment (Rise Bilambil Heights) 2010. LW 9.7.2010.

Date of commencement, on publication on LW, cl 2.

(417)

State Environmental Planning Policy (Major Development) Amendment (Channel 7) 2010. LW 6.8.2010.

Date of commencement, on publication on LW, cl 2.

(522)

Environmental Planning and Assessment Amendment (State Environmental Planning Policy (Major Development) 2005) Order 2010. LW 10.9.2010.

Date of commencement, on publication on LW, cl 2.

(531)

State Environmental Planning Policy (Major Development) Amendment (Kings Forest) 2010. LW 10.9.2010.

Date of commencement, on publication on LW, cl 2.

(604)

State Environmental Planning Policy (Major Development) Amendment (Channel 7 and UTS Ku-ring-gai Campus) 2010. LW 22.10.2010.

Date of commencement, on publication on LW, cl 2.

(615)

State Environmental Planning Policy (Major Development) Amendment (Port Botany) 2010. LW 29.10.2010.

Date of commencement, on publication on LW, cl 2.

(620)

State Environmental Planning Policy (Major Development) Amendment (State Significant Sites—South Wallarah Peninsula) 2010. LW 5.11.2010.

Date of commencement, on publication on LW, cl 2.

(631)

State Environmental Planning Policy (Major Development) Amendment (Transfer of Planning Controls) 2010. LW 12.11.2010.

Date of commencement, on publication on LW, cl 2.

(692)

State Environmental Planning Policy (Major Development) Amendment (Barangaroo) 2010. LW 16.12.2010.

Date of commencement, on publication on LW, cl 2.

(765)

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2010. LW 21.12.2010.

Date of commencement, on publication on LW, cl 2.

2011

(10)

State Environmental Planning Policy (Major Development) Amendment (Calderwood) 2010. LW 14.1.2011.

Date of commencement, on publication on LW, cl 2.

(26)

State Environmental Planning Policy (Major Development) Further Amendment (Three Ports) 2010. LW 21.1.2011.

Date of commencement, on publication on LW, cl 2.

(100)

State Environmental Planning Policy (Major Development) Amendment (Channel 7 Site) 2011. LW 25.2.2011.

Date of commencement, on publication on LW, cl 2.

(103)

State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW 25.2.2011.

Date of commencement, 25.2.2011, cl 2.

(232)

State Environmental Planning Policy (Major Development) Amendment 2011. LW 13.5.2011.

Date of commencement, on publication on LW, cl 2.

No 27

Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011.

Date of commencement of Sch 2.51, 8.7.2011, sec 2 (2).

(405)

State Environmental Planning Policy (Major Development) Amendment (Edmondson Park South) 2011. LW 5.8.2011.

Date of commencement, on publication on LW, cl 2.

(406)

Environmental Planning and Assessment Amendment (State Environmental Planning Policy (Major Development) 2005) Order 2011. LW 5.8.2011.

Date of commencement, on publication on LW, cl 2.

(511)

State Environmental Planning Policy (State and Regional Development) 2011. LW 28.9.2011.

Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011.

No 62

Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011.

Date of commencement of Sch 2.34, 6.1.2012, sec 2 (1).

(679)

State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus) 2011. LW 16.12.2011.

Date of commencement, on publication on LW, cl 2.

2012

(31)

State Environmental Planning Policy (Major Development) Amendment (Edmondson Park South) (No 2) 2011. LW 27.1.2012.

Date of commencement, on publication on LW, cl 2.

(106)

State Environmental Planning Policy (Major Development) Amendment (Redfern–Waterloo Authority Sites) 2012. LW 16.3.2012.

Date of commencement, on publication on LW, cl 2. Sch 1 [6] was without effect.

(120)

State Environmental Planning Policy (Major Development) Amendment (Sydney Olympic Park) 2012. LW 23.3.2012.

Date of commencement, on publication on LW, cl 2.

(203)

State Environmental Planning Policy (Major Development) Amendment (Vincentia Coastal Village Site) 2012. LW 25.5.2012.

Date of commencement, on publication on LW, cl 2.

No 42

Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012.

Date of commencement of Sch 5, 6.7.2012, sec 2 (1).

(473)

State Environmental Planning Policy Amendment (Miscellaneous) 2012. LW 21.9.2012.

Date of commencement, on publication on LW, cl 2.

(671)

State Environmental Planning Policy (Major Development) Amendment (UTS Ku-ring-gai Campus and Wahroonga Estate) 2012. LW 21.12.2012

Date of commencement, on publication on LW, cl 2.

2013

(67)

State Environmental Planning Policy (Major Development) Amendment (Edmondson Park South) 2013. LW 22.2.2013.

Date of commencement, on publication on LW, cl 2.

(228)

State Environmental Planning Policy (Port Botany and Port Kembla) 2013. LW 24.5.2013.

Date of commencement, 31.5.2013, cl 2.

(241)

State Environmental Planning Policy (Port Botany) Amendment (Port Kembla) 2013. LW 31.5.2013.

Date of commencement, 31.5.2013, cl 2.

(706)

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013. LW 20.12.2013.

Date of commencement, 22.2.2014, cl 2. The amendments made by Sch 2.13 [14] and [15] were without effect as the provisions being amended were repealed by Wyong Local Environmental Plan 2013.

(759)

Wyong Local Environmental Plan 2013. LW 23.12.2013.

Date of commencement, on publication on LW, cl 1.1AA.

2014

(17)

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town) 2014. LW 31.1.2014.

Date of commencement, on publication on LW, cl 2.

(97)

State Environmental Planning Policy (Port Botany and Port Kembla) Amendment (Port of Newcastle) 2014. LW 7.3.2014.

Date of commencement of Sch 2.2, 31.5.2014, cl 2 (1).

(148)

State Environmental Planning Policy (Major Development) Amendment (Port of Newcastle) 2014. LW 28.3.2014.

Date of commencement, on publication on LW, cl 2.

(179)

Shoalhaven Local Environmental Plan 2014. LW 8.4.2014.

Date of commencement, 22.4.2014, cl 1.1AA.

(220)

State Environmental Planning Policy Amendment (South Wallarah Peninsula) 2014. LW 17.4.2014.

Date of commencement, on publication on LW, cl 2.

2015

(127)

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2015. LW 5.3.2015.

Date of commencement, on publication on LW, cl 2.

(588)

State Environmental Planning Policy (Major Development) Amendment (Ryde) 2015. LW 1.10.2015.

Date of commencement, on publication on LW, cl 2.

2016

(127)

State Environmental Planning Policy Amendment (Permissible Land Uses) 2016. LW 11.3.2016.

Date of commencement, on publication on LW, cl 2.

(130)

State Environmental Planning Policy (Major Development) Amendment (Greystanes Southern Employment Lands) 2016. LW 16.3.2016.

Date of commencement, on publication on LW, cl 2.

(153)

State Environmental Planning Policy (Major Development) Amendment (State Significant Precincts) 2016. LW 24.3.2016.

Date of commencement, on publication on LW, cl 2.

(310)

State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

(364)

State Environmental Planning Policy Amendment (Sydney Harbour) 2016. LW 28.6.2016.

Date of commencement, on publication on LW, cl 2.

(564)

State Environmental Planning Policy (State Significant Precincts) Amendment (Sydney Olympic Park) 2016. LW 29.8.2016.

Date of commencement, on publication on LW, cl 2.

2017

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

2018

(68)

State Environmental Planning Policies Amendment (State and Regionally Significant Development and Law Revision) 2018. LW 28.2.2018.

Date of commencement, 1.3.2018, cl 2.

(106)

State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(420)

State Environmental Planning Policy Amendment (36–50 Cumberland Street, The Rocks—Sirius Site) 2018. LW 3.8.2018.

Date of commencement, on publication on LW, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of 2.2 [1], on publication on LW, cl 2 (2); date of commencement of Sch 2.2 [2]–[4], 31.8.2018, cl 2 (1).

(513)

State Environmental Planning Policy (State Significant Precincts) Amendment (Sydney Olympic Park) 2017. LW 31.8.2018.

Date of commencement, on publication on LW, cl 2.

(718)

State Environmental Planning Policy (State Significant Precincts) Amendment (Luna Park) 2018. LW 7.12.2018.

Date of commencement, on publication on LW, cl 2.

2019

(460)

State Environmental Planning Policy (State Significant Precincts) Amendment (Sydney Olympic Park) 2019. LW 13.9.2019.

Date of commencement, on publication on LW, cl 2.

(577)

State Environmental Planning Policy (Community Participation Plans) Amendment 2019. LW 29.11.2019.

Date of commencement, on publication on LW, cl 2.

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Sch 2.31, 15.1.2020, cl 2(1).

(659)

State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019.

Date of commencement, 1.2.2020, cl 2.

2020

(523)

State Environmental Planning Policy (State Significant Precincts) Amendment (Barangaroo Site) 2020. LW 3.9.2020.

Date of commencement, on publication on LW, cl 2.

(667)

State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020.

Date of commencement, on publication on LW, cl 2.

2021

(225)

State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(682)

State Environmental Planning Policy Amendment (Precincts) 2021. LW 19.11.2021.

Date of commencement, on publication on LW, cl 2.

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Part 1, heading

Ins 2009 (284), Sch 1 [1].

Cl 1

Am 2005 (392), Sch 1 [1]; 2009 (284), Sch 1 [2]; 2016 (153), cl 3 (1).

Cl 2

Subst 2005 (392), Sch 1 [2]. Am 2009 (284), Sch 1 [3]; 2011 (511), Sch 6.12 [1]; 2016 (153), cl 3 (2).

Cl 2A

Ins 2011 (511), Sch 6.12 [2]. Am 2021 (682), Sch 1[1].

Cl 3

Am 2007 (171), Sch 1 [1]; 2009 (284), Sch 1 [4]; 2010 (173), Sch 1.2 [1] [2]; 2011 (511), Sch 6.12 [3]–[5]; 2018 (106), Sch 2.18 [1].

Cl 3A

Ins 2011 (511), Sch 6.12 [6].

Part 2, heading

Ins 2009 (284), Sch 1 [5]. Am 2011 (511), Sch 6.12 [7]; 2016 (153), cl 3 (3).

Cl 6

Subst 2005 (392), Sch 1 [3]. Am 2005 (780), Sch 1 [1] [2]; 2007 (359), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].

Cl 6A

Ins 2005 (392), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].

Cl 6B

Ins 2005 (780), Sch 1 [3]. Rep 2011 (511), Sch 6.12 [8].

Cl 6C

Ins 2011 (232), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [8].

Cl 7

Am 2005 (392), Sch 1 [4]; 2011 (511), Sch 6.12 [9]; 2016 (153), cl 3 (2); 2019 (659), Sch 3.2[1] [2].

Cl 8

Am 2005 (392), Sch 1 [4]; 2007 (359), Sch 1 [2]. Subst 2016 (153), cl 3 (4). Am 2019 (659), Sch 3.2[2].

Cl 9

Rep 2005 (392), Sch 1 [5]. Ins 2021 (682), Sch 1[2].

Cl 9A

Ins 2005 (392), Sch 1 [6]. Am 2005 (618), cl 4; 2005 (851), Sch 1 [1]; 2006 (495), Sch 1 [1]; 2011 (511), Sch 6.12 [10]. Rep 2021 (682), Sch 1[2].

Cl 10

Subst 2005 (392), Sch 1 [7]. Am 2005 (780), Sch 1 [4]; 2007 (171), Sch 1 [2]–[4]; 2011 (511), Sch 6.12 [11]–[13]. Subst 2021 (682), Sch 1[2].

Cl 10A

Ins 2007 (171), Sch 1 [5]. Am 2011 (511), Sch 6.12 [14]. Rep 2021 (682), Sch 1[2].

Cl 10B

Ins 2007 (171), Sch 1 [5]. Am 2008 (557), Sch 1 [1]. Rep 2013 (706), Sch 2.13 [1].

Cl 11

Subst 2005 (392), Sch 1 [8]. Am 2011 No 62, Sch 2.34 [1]; 2018 (68), Sch 2 [1].

Cl 12

Am 2005 (392), Sch 1 [9] [10]; 2011 (511), Sch 6.12 [15]–[17]; 2018 (68), Sch 2 [1].

Cl 12A

Ins 2009 (162), Sch 1 [1]. Am 2011 (511), Sch 6.12 [18].

Part 3, heading

Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

Part 3

Rep 2011 (511), Sch 6.12 [19].

Part 3, Div 1

Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

Cl 13

Rep 2005 (194), cl 13 (2). Ins 2007 (456), Sch 1 [1]. Rep 2008 No 62, Sch 4. Ins 2009 (284), Sch 1 [6]. Am 2011 (103), Sch 1.10 [1]. Rep 2011 (511), Sch 6.12 [19].

Part 3, Div 2

Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

Cll 13A, 13B

Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

Cl 13C

Ins 2009 (284), Sch 1 [6]. Am 2010 (193), Sch 1 [1]; 2011 (232), Sch 1 [2] [3]. Rep 2011 (511), Sch 6.12 [19].

Cl 13D

Ins 2009 (284), Sch 1 [6]. Subst 2009 (412), Sch 1 [1]. Rep 2011 (511), Sch 6.12 [19].

Cl 13E

Ins 2009 (284), Sch 1 [6]. Rep 2009 (412), Sch 1 [1].

Part 3, Div 3

Ins 2009 (284), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [19].

Cl 13F

Ins 2009 (284), Sch 1 [6]. Am 2010 (193), Sch 1 [2] [3]. Rep 2011 (511), Sch 6.12 [19].

Cl 13G

Ins 2009 (284), Sch 1 [6]. Am 2009 (412), Sch 1 [2]; 2010 (193), Sch 1 [4]. Rep 2011 (511), Sch 6.12 [19].

Part 4, heading

Ins 2009 (284), Sch 1 [7]. Rep 2021 (682), Sch 1[3].

Cl 14

Am 2005 (392), Sch 1 [11]. Subst 2005 (780), Sch 1 [5]. Rep 2021 (682), Sch 1[3].

Cl 15

Am 2005 (392), Sch 1 [12] [13]. Rep 2011 (511), Sch 6.12 [20].

Cl 16

Ins 2006 (495), Sch 1 [2]. Subst 2006 (665), Sch 1 [1]. Am 2007 (171), Sch 1 [6]; 2007 (359), Sch 1 [3]; 2007 (511), Sch 1 [1]; 2008 (495), Sch 1 [1]; 2008 (496), Sch 1 [1]; 2009 (162), Sch 1 [2]; 2009 (284), Sch 1 [8] [9]; 2009 (412), Sch 1 [3]; 2010 (615), Sch 1.1 [1]; 2011 (511), Sch 6.12 [21]; 2018 (488), Sch 2.2 [1]. Rep 2021 (682), Sch 1[3].

Cl 17

Ins 2011 (232), Sch 1 [4]. Am 2011 (511), Sch 6.12 [22] [23]. Rep 2021 (682), Sch 1[3].

Cl 18

Ins 2012 (473), Sch 1 [1]. Rep 2021 (682), Sch 1[3].

Appendix 1 (previously Sch 3, Part 1)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 2 (previously Sch 3, Part 2)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 3 (previously Sch 3, Part 4)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 4 (previously Sch 3, Part 5)

Renumbered 2019 (659), Sch 3.2[4]. Am 2021 (716), Sch 1.36[1].

Appendix 5 (previously Sch 3, Part 6)

Renumbered 2019 (659), Sch 3.2[4]. Am 2020 (667), Sch 2.3; 2021 (716), Sch 1.36[2].

Appendix 6 (previously Sch 3, Part 8)

Renumbered 2019 (659), Sch 3.2[4]. Am 2021 (682), Sch 1[4].

Appendix 7 (previously Sch 3, Part 9)

Renumbered 2019 (659), Sch 3.2[4]. Am 2021 (682), Sch 1[5] [6].

Appendix 8 (previously Sch 3, Part 10)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 9 (previously Sch 3, Part 12)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 10 (previously Sch 3, Part 22)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 11 (previously Sch 3, Part 23)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 12 (previously Sch 3, Part 24)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 13 (previously Sch 3, Part 25)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 14 (previously Sch 3, Part 26)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 15 (previously Sch 3, Part 28)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 16 (previously Sch 3, Part 31)

Renumbered 2019 (659), Sch 3.2[4]. Am 2021 (225), Sch 2.

Appendix 17 (previously Sch 3, Part 33)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 18 (previously Sch 3, Part 34)

Renumbered 2019 (659), Sch 3.2[4].

Appendix 19 (previously Sch 3, Part 35)

Renumbered 2019 (659), Sch 3.2[4]. Rep 2021 (682), Sch 1[7].

Sch 1, heading

Am 2005 (392), Sch 1 [14]. Rep 2011 (511), Sch 6.12 [24].

Sch 1

Am 2005 (392), Sch 1 [15]–[19]; 2005 (780), Sch 1 [6]; 2006 No 58, Sch 2.56 [1]; 2006 (581), Sch 1; 2006 No 120, Sch 2.88 [1]; 2006 (720), Sch 2; 2007 (171), Sch 1 [7]–[9]; 2007 (359), Sch 1 [4]–[11]; 2009 (91), Sch 3.14; 2009 (284), Sch 1 [10] [11]; 2009 (342), Sch 1 [1] [2]; 2011 (232), Sch 1 [5]. Rep 2011 (511), Sch 6.12 [24].

Sch 2, heading

Am 2005 (392), Sch 1 [20]. Rep 2011 (511), Sch 6.12 [25].

Sch 2

Am 2005 (392), Sch 1 [21] [22]; 2005 (780), Sch 1 [7] [8]; 2005 (851), Sch 1 [2] [3]; 2006 (495), Sch 1 [3] [4]; 2006 (539), Sch 1; 2007 (171), Sch 1 [10]–[12]; 2007 (359), Sch 1 [12]–[22]; 2007 (511), Sch 1 [2] [3]; 2007 (641), Sch 5.43 [1]; 2009 (162), Sch 1 [3] [4]; 2009 (284), Sch 1 [12]–[14]; 2009 (342), Sch 1 [3] [4]; 2009 (494), Sch 1 [1]; 2010 (193), Sch 1 [5]; 2010 (281), Sch 2; 2011 (232), Sch 1 [6]. Rep 2011 (511), Sch 6.12 [25].

Sch 3, heading

Am 2016 (153), cl 3 (3). Rep 2019 (659), Sch 3.2[5].

Sch 3

Am 2005 (392), Sch 1 [23] [24]; 2005 (851), Sch 1 [3] [4]; 2006 (420), Sch 1; 2006 (442), Sch 1; 2006 (495), Sch 1 [5] [6]; 2006 (665), Sch 1 [2]–[4]; 2007 (40), Sch 1 [1] [2]; 2007 (202), Sch 1 [1] [2]; 2007 (217), Sch 1 [1] [2]; 2007 (234), Sch 1 [1] [2]; 2007 No 27, Sch 4.31; 2007 (345), Sch 1 [1] [2]; 2007 (359), Sch 1 [23]–[25]; 2007 (511), Sch 1 [4] [5]; 2008 (292), Sch 1; 2008 (293), Sch 1; 2008 (406), Sch 1; 2008 (457); Sch 1; 2008 (483), Sch 1 [1]–[6]; 2008 (495), Sch 1 [2]; 2008 (496), Sch 1 [2]; 2008 (511), Sch 1; 2008 (557), Sch 1 [2]; 2008 No 114, Sch 2.30; 2008 (629), Sch 1; 2009 (5), Sch 1; 2009 (120), Sch 1; 2009 (161), Sch 1; 2009 (283), Sch 1 [1]–[12]; 2009 No 56, Sch 2.63 [1]–[3]; 2009 (333), Sch 1 [1]–[5]; 2009 (342), Sch 1 [5]; 2009 (364), Sch 3.7; 2009 (456), Sch 1; 2009 (494), Sch 1 [2]; 2009 (549), Sch 1; 2009 (604), Sch 1; 2010 (18), cl 3; 2010 (19), Sch 1 [1] [2]; 2010 (136) Sch 1 [1]–[67]; 2010 (137), Sch 1; 2010 No 59, Sch 2.88 [1] [2]; 2010 (316), cl 1.9 (2A); 2010 (361), Sch 1; 2010 (417), Sch 1 [1]–[3]; 2010 (522), cl 3; 2010 (531), Sch 1 [1]–[7]; 2010 (604), Sch 1 [1] [2]; 2010 (615), Sch 1.1 [2]–[6]; 2010 (620), Sch 1 [1] [2]; 2010 (631), Sch 1.1 [1] [2]; 2010 (692), Sch 1 [1]–[6]; 2010 (765), Sch 1; 2011 (10), Sch 1 [1]; 2011 (26), Sch 1 [1] [2]; 2011 (100), cl 3 (1) (2); 2011 (103), Sch 1.10 [2]; 2011 No 27, Sch 2.51; 2011 (405), Sch 1; 2011 (406), cl 3; 2011 (511), Sch 6.12 [26]–[33]; 2011 No 62, Sch 2.34 [2]; 2011 (679), Sch 1 [1] [2]; 2012 (31), Sch 1 [1]–[5]; 2012 (106), Sch 1 [1]–[5]; 2012 (120), Sch 1 [1]–[11]; 2012 (203), cl 3 (1) (2); 2012 No 42, Sch 5; 2012 (473), Sch 1 [2] [3]; 2012 (671), Sch 1 [1]–[9]; 2013 (67), cl 3; 2013 (228), Sch 3 [1]–[7]; 2013 (241), Sch 2.1 [1]–[7]; 2013 (706), Sch 2.13 [2]–[13] [16]–[35]; 2013 (759), cl 1.8B (1); 2014 (17), cl 3 (1)–(4); 2014 (97), Sch 2.2 [1]; 2014 (148), cl 4; 2014 (179), cl 1.8B; 2014 (220), cl 3; 2015 (127), cl 5; 2015 (588), Sch 2; 2016 (127), cl 3 (1)–(6); 2016 (130), cl 3; 2016 (364), Sch 1; 2016 (310), Sch 4.31; 2016 (564), Sch 1 [1]–[3]; 2017 (493), Sch 3.4 [1]–[3]; 2018 (68), Sch 2 [1]; 2018 (106), Sch 2.18 [2]; 2018 (420), Sch 1 [1]; 2018 (488), Sch 2.2 [2]–[4]; 2018 (513), Sch 1 [1]–[11]; 2018 (718), Sch 1 [1] [2]; 2019 (460), cl 4 (1) (2); 2019 (577), Sch 1.3[1]–[5]; 2019 (621), Sch 2.31[1]–[4]; 2019 (659), Schs 1.31[1]–[13], 2.32[1]–[25], Sch 3.2[3]. Renumbered as Appendices 1–19, 2019 (659), Sch 3.2[4]. Rep 2019 (659), Sch 3.2[5].

Sch 4

Rep 2005 (194), cl 13 (2). Ins 2007 (456), Sch 1 [2]. Rep 2008 No 62, Sch 4.

Sch 5

Ins 2005 (392), Sch 1 [25]. Am 2005 (713), Sch 2; 2006 No 58, Sch 2.56 [2]; 2006 (604), Sch 1; 2007 (345), Sch 1 [3]; 2008 (184), Sch 1; 2009 (4), Sch 1. Rep 2011 (511), Sch 6.12 [34].

Sch 6

Ins 2005 (392), Sch 1 [25]. Am 2005 (851), Sch 1 [5]–[8]; 2006 (495), Sch 1 [7] [8]; 2006 No 120, Sch 2.88 [2]; 2007 (171), Sch 1 [13]; 2007 (359), Sch 1 [26]; 2007 (511), Sch 1 [6] [7]; 2007 No 82, Sch 2.18 [1]; 2007 (641), Sch 5.43 [2]; 2009 (162), Sch 1 [5]; 2009 (342), Sch 1 [6]; 2009 (494), Sch 1 [3]; 2010 (136), Sch 1 [68]; 2010 (692), Sch 1 [7]; 2011 (511), Sch 6.12 [35]–[40]; 2013 (706), Sch 2.13 [36]. Rep 2021 (682), Sch 1[7].

Sch 7

Ins 2007 (171), Sch 1 [14]. Am 2009 (342), Sch 1 [7] [8]; 2011 (511), Sch 6.12 [41] [42]; 2013 (228), Sch 3 [8]; 2013 (241), Sch 2.1 [5] [8]–[10]; 2014 (97), Sch 2.2 [2]. Rep 2021 (682), Sch 1[7].

Sch 8

Ins 2007 (171), Sch 1 [14]. Am 2007 (359), Sch 1 [27]; 2007 No 82, Sch 2.18 [2]; 2008 (557), Sch 1 [3] [4]; 2009 (162), Sch 1 [6]; 2009 (494), Sch 1 [4] [5]; 2010 (193), Sch 1 [6] [7]; 2011 (511), Sch 6.12 [43]; 2012 (120), Sch 1 [12]–[15]; 2013 (706), Sch 2.13 [37].

Sch 9

Ins 2008 (557), Sch 1 [5]. Am 2009 (494), Sch 1 [6] [7]; 2012 (120), Sch 1 [16]; 2013 (706), Sch 2.13 [38].

Maps

Am 2008 (457), Sch 1; 2008 (483), Sch 1 [2]; 2008 (495), Sch 1 [2]; 2008 (557), Sch 1 [2]; 2008 (629), Sch 1; 2009 (120), Sch 1; 2009 (161), Sch 1; 2009 (283), Sch 1 [3] [4]; 2009 (333), cl 5; 2009 (342), Sch 1 [5]; 2009 (456), Sch 1; 2009 (481), cl 3; 2009 (494), Sch 1 [2]; 2009 (549), Sch 1; 2009 (604), Sch 1; 2010 (136), Sch 1; 2010 (137), cl 3; 2010 (316), cl 1.9 (2A); 2010 (531), Sch 1; 2010 (604), cl 3; 2010 (615), cl 4; 2010 (631), Sch 1.1 [1]; 2010 (692), cl 3; 2010 (765), Sch 1; 2011 (405), Sch 1; 2011 (511), Sch 6.12 [4]; 2011 (679), cl 3; 2012 (106), cl 3; 2012 (120), cl 4; 2012 (473), Sch 1 [2]; 2012 (671), cl 3; 2013 (228), Sch 3; 2013 (241), cl 3 (2); 2013 (759), cl 1.8B (1) (2); 2014-97, Sch 2.2; 2014 (179), cl 1.8B; 2014 (220) cl 3; 2015 (127), cl 5; 2015 (588), Sch 2; 2016 (364), cl 5; 2016 (564), cl 3; 2018 (420), cl 4 (1); 2018 (513), cl 3; 2020 (523), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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