State Environmental Planning Policy (Transport and Infrastructure) 2021 (NSW)
Transport Legislation Amendment Act 2025 No 66, Sch 4.7 (not commenced)
This Policy is State Environmental Planning Policy (Transport and Infrastructure) 2021.
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
In this Policy—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
Nothing in this Chapter (except section 2.8) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 2.3. Examples of Acts imposing such requirements include the Fisheries Management Act 1994, Forestry Act 2012, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000.
The aim of this Chapter is to facilitate the effective delivery of infrastructure across the State by—
(a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and
(b) providing greater flexibility in the location of infrastructure and service facilities, and
(c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and
(d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and
(e) identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and
(f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(g) providing opportunities for infrastructure to demonstrate good design outcomes.
Except as otherwise provided by this Chapter, this Chapter applies to the State.
A word or expression used in this Chapter has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Chapter.
In this Chapter—
(a) car parks intended for use by commuters,
(b) public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),
(c) bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),
(d) bus layovers.
Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.
(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and
(b) when used in any other context, means development consent.
As a result of paragraph (a) of the definition of
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
(b) accident, equipment failure or structural collapse, or
(c) damage caused by vandalism, arson or a pollution incident,
provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.
(a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and
(b) environmental protection works.
(a) AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,
(b) AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,
(c) AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2: Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,
(d) AS/NZS 1158.2:2005, Lighting for roads and public spaces, Part 2: Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,
(e) AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,
(f) AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,
(g) AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,
(h) AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.
(a) a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or
(b) an item of local heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.
(a) has the same meaning as it has in the Act, and
(b) in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).
(a) Crown land within the meaning of the Crown Land Management Act 2016, or
(b) any other land of the Crown or vested in a Minister on behalf of the Crown, or
(c) land owned by a public authority other than a council.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
If this Chapter provides that development for a particular purpose that may be carried out without consent includes
(a) accessways,
(b) temporary construction yards,
(c) temporary lay-down areas for materials or equipment,
(d) temporary structures,
(e) investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),
(f) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping,
(g) demolition,
(h) relocation or removal of infrastructure,
(i) extraction of extractive materials at the construction site solely for the purpose of the construction.
If this Chapter provides that development for a particular purpose that may be carried out without consent includes
(a) routine repairs to or replacement of equipment or assets,
(b) temporary construction yards,
(c) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping.
Notes included in this Chapter are provided for guidance and do not form part of this Chapter.
A reference in this Chapter to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 3.20(2) of the Act—
(a) that the Planning Secretary has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or
(b) if no such determination has been made in respect of the particular zone, that is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.
An assessment made by a relevant authority under subsection (1)(b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.
Despite subsection (1), in relation to land—
(a) to which an environmental planning instrument that is not made as provided by section 3.20(2) of the Act applies, and
(b) to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,
a reference in this Chapter to a lot or land in a named land use zone is a reference to a lot or land specified in a land use zone that is equivalent to such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.
In subsection (3),
In this section,
(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
(b) if the development is to be carried out by or on behalf of a person other than a public authority, the Planning Secretary.
Land use zones that are named in this Chapter are those set out in the standard instrument.
A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Chapter, and despite any other provision of this Chapter, development that is subject to a precondition that must be satisfied before it may be carried out without development consent is not development that may be carried out without development consent under this Chapter until the precondition is satisfied.
This section is subject to section 3.28(4) of the Act.
Except as provided by subsection (2), if there is an inconsistency between this Chapter and any other environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
Subsection (1) does not prevent a local environmental plan from making provision about development of a kind specified in Part 2.3 in a particular zone if the provisions of this Chapter dealing with development of that kind do not apply in that zone.
Except as provided by subsections (2A), (3) and (4), if there is an inconsistency between a provision of this Chapter and any of the following provisions of another environmental planning instrument, the provision of the other instrument prevails to the extent of the inconsistency—
(a) State Environmental Planning Policy (Resilience and Hazards) 2021, sections 2.7, 2.8 and 2.16,
(b) State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 2,
(c) State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021, Chapter 2,
(d) State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 2,
(e) State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 2.
Sections 2.44A, 2.80A, 2.93A, 2.110A, 2.126A, 2.137A and 2.159A prevail over State Environmental Planning Policy (Resilience and Hazards) 2021, section 2.7 to the extent of an inconsistency.
Section 2.54 prevails over State Environmental Planning Policy (Resilience and Hazards) 2021, sections 2.7 and 2.8 to the extent of an inconsistency.
A provision of this Chapter that permits development for the purpose of emergency works or routine maintenance works to be carried out without consent, or that provides that development for that purpose is exempt development, prevails over State Environmental Planning Policy (Resilience and Hazards) 2021, sections 2.7 and 2.8 to the extent of any inconsistency, but only if any adverse effect on the land concerned is restricted to the minimum possible to allow the works to be carried out.
For the avoidance of doubt, development to which subsection (2A), (3) or (4) applies is not declared designated development for the purposes of the Act.
The Acts, regulations and provisions of Acts specified below in relation to particular development to which this Chapter applies do not apply to that development to the extent necessary to enable the development to be carried out in accordance with this Chapter or with a consent granted under the Act—
(a) development to which clause 7(2) of State Environmental Planning Policy No 54—Northside Storage Tunnel applied immediately before its repeal—so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the continued operation of the Northside Storage Tunnel (as defined by section 2.125),
(b) development to which clause 9(1) of State Environmental Planning Policy No 63—Major Transport Projects applied immediately before its repeal—section 68 of the Local Government Act 1993 and sections 86, 87 and 91(b) of the Public Works Act 1912,
(c) development to which clause 8(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—Part 4 and Divisions 8 and 9 of Part 6 of the Heritage Act 1977,
(d) development to which clause 9(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—
(i) the Fisheries Management Act 1994 and the regulations made under that Act, and
(ii) section 68 of the Local Government Act 1993, and
(iii) so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the laying, maintenance or use of seawater inlet and outlet pipelines and tunnelling under Botany Bay National Park, or to a sewer line, for a desalination plant (including a pilot plant) on the Kurnell Peninsula.
This section does not affect the rights or interests of any public authority under any registered instrument.
In accordance with clause 28 of the Environmental Planning and Assessment Act 1979, before the making of this Chapter, the Governor approved the making of this section with the concurrence in writing of the Ministers administering the Acts referred to in subsection (1).
The Minister must ensure that the provisions of this Chapter are reviewed—
(a) as soon as practicable after the first anniversary of the commencement of this Chapter, and
(b) at least every 5 years after that commencement.
An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.
This section applies to development carried out by or on behalf of a public authority that this Chapter provides may be carried out without consent if, in the opinion of the public authority, the development—
(a) will have a substantial impact on stormwater management services provided by a council, or
(b) is likely to generate traffic to an extent that will strain the capacity of the road system in a local government area, or
(c) involves connection to, and a substantial impact on the capacity of, any part of a sewerage system owned by a council, or
(d) involves connection to, and use of a substantial volume of water from, any part of a water supply system owned by a council, or
(e) involves the installation of a temporary structure on, or the enclosing of, a public place that is under a council’s management or control that is likely to cause a disruption to pedestrian or vehicular traffic that is not minor or inconsequential, or
(f) involves excavation that is not minor or inconsequential of the surface of, or a footpath adjacent to, a road for which a council is the roads authority under the Roads Act 1993 (if the public authority that is carrying out the development, or on whose behalf it is being carried out, is not responsible for the maintenance of the road or footpath).
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this section applies unless the authority or the person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the council for the area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
This section applies to development carried out by or on behalf of a public authority if the development—
(a) is likely to affect the heritage significance of a local heritage item, or of a heritage conservation area, that is not also a State heritage item, in a way that is more than minor or inconsequential, and
(b) is development that this Chapter provides may be carried out without consent.
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this section applies unless the authority or the person has—
(a) had an assessment of the impact prepared, and
(b) given written notice of the intention to carry out the development, with a copy of the assessment and a scope of works, to the council for the area in which the heritage item or heritage conservation area (or the relevant part of such an area) is located, and
(c) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
(Repealed)
A public authority, or a person acting on behalf of a public authority, must not carry out, on flood liable land, development that this Chapter provides may be carried out without consent and that will change flood patterns other than to a minor extent unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the council for the area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
A public authority, or a person acting on behalf of a public authority, must not carry out development on flood liable land that may be carried out without development consent under a relevant provision unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the State Emergency Service, and
(b) taken into consideration any response to the notice that is received from the State Emergency Service within 21 days after the notice is given.
Any of the following provisions in Part 2.3 is a
(a) Division 1 (Air transport facilities),
(b) Division 2 (Correctional centres and correctional complexes),
(c) Division 6 (Emergency services facilities and bush fire hazard reduction),
(d) Division 10 (Health services facilities),
(e) Division 14 (Public administration buildings and buildings of the Crown),
(f) Division 15 (Railways),
(g) Division 16 (Research and monitoring stations),
(h) Division 17 (Roads and traffic),
(i) Division 20 (Stormwater management systems).
This section does not apply in relation to the carrying out of minor alterations or additions to, or the demolition of, a building, emergency works or routine maintenance.
(Repealed)
This section applies to development on land that is within a coastal vulnerability area and is inconsistent with a certified coastal management program that applies to that land.
A public authority, or a person acting on behalf of a public authority, must not carry out development to which this section applies, which this Chapter provides may be carried out without development consent, unless the authority or person has—
(a) given written notice of the intention to carry out the development to the council for the local government area in which the land is located, and
(b) taken into consideration any response to the notice that is received from the council within 21 days after the notice is given.
In this section—
A public authority, or a person acting on behalf of a public authority, must not carry out specified development that this Chapter provides may be carried out without consent unless the authority or person has—
(a) given written notice of the intention to carry out the development (together with a scope of works) to the specified authority in relation to the development, and
(b) taken into consideration any response to the notice that is received from that authority within 21 days after the notice is given.
For the purposes of subsection (1), the following development is
(a) development adjacent to land reserved under the National Parks and Wildlife Act 1974 or to land acquired under Part 11 of that Act—the Office of Environment and Heritage,
(b) development on land in Zone C1 National Parks and Nature Reserves or in a land use zone that is equivalent to that zone, other than land reserved under the National Parks and Wildlife Act 1974—the Office of Environment and Heritage,
(c) development comprising a fixed or floating structure in or over navigable waters—Transport for NSW,
(d) development that may increase the amount of artificial light in the night sky and that is on land within the dark sky region as identified on the dark sky region map—the Director of the Observatory,
Note. The dark sky region is land within 200 kilometres of the Siding Spring Observatory.
(e) development on defence communications facility buffer land within the meaning of clause 5.15 of the Standard Instrument—the Secretary of the Commonwealth Department of Defence,
Note. Defence communications facility buffer land is located around the defence communications facility near Morundah. See the Defence Communications Facility Buffer Map referred to in clause 5.15 of Lockhart Local Environmental Plan 2012, Narrandera Local Environmental Plan 2013 and Urana Local Environmental Plan 2011.
(f) development on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961—the Mine Subsidence Board,
(g) development on, or reasonably likely to have an impact on, a part of the Willandra Lakes Region World Heritage Property—the World Heritage Advisory Committee and Heritage NSW,
(h) development within a Western City operational area specified in the Western Parkland City Authority Act 2018, Schedule 2 with an estimated development cost of $30 million or more—the Western Parkland City Authority constituted under that Act.
In this section—
(a) the Willandra Lakes Region World Heritage Property Map under Balranald Local Environmental Plan 2010, or
(b) the Willandra Lakes Region World Heritage Property Map under Wentworth Local Environmental Plan 2011.
Clause 18A(2) of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 requires public authorities (or persons acting on their behalf) to consult with the Department of Planning and Environment before carrying out any development comprising the clearing of native vegetation on certain land within a growth centre (within the meaning of that Policy). The land concerned is land other than the subject land (within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995). The subject land is generally land to which precinct plans apply under that Policy.
This section applies to development for the following purposes that this Chapter provides may be carried out without development consent—
(a) health services facilities,
(b) correctional centres,
(c) residential accommodation.
A public authority, or a person acting on behalf of a public authority, must consider Planning for Bush Fire Protection before carrying out the development in an area that is bush fire prone land.
In this section—
Sections 2.10–2.15 do not apply with respect to development to the extent that—
(a) they would require notice of the intention to carry out the development to be given to a council or public authority from whom an approval is required in order for the development to be carried out lawfully, or
(b) they would require notice to be given to a council or public authority with whom the public authority that is carrying out the development, or on whose behalf it is being carried out, has an agreed consultation protocol that applies to the development, or
(c) they would require notice to be given to a council or public authority that is carrying out the development or on whose behalf it is being carried out, or
(d) the development is exempt development or complying development under any environmental planning instrument (including this Chapter), or
(e) the development comprises emergency works, or
(f) the development is carried out in accordance with a code of practice approved by the Minister for the purposes of this section and published in the Gazette.
In this section—
(a) is about when and how the parties to the arrangement will consult one another about proposed development, and
(b) is recorded in writing, and
(c) is approved in writing on behalf of any public authority that is a party to the arrangement by a person who is authorised to do so.
Consent for development under this Division may be granted only if the development is the subject of a certificate of the Planning Secretary certifying that the development is compatible with surrounding land uses. The provisions of this Division extend to the classes of development specified in sections 2.60(2) and 62(1).
In this section,
(a) not subject to a standard local environmental plan made as provided by section 3.20(2) of the Act, and
(b) not zoned for conservation purposes under an environmental planning instrument, and
(c) not a forestry area within the meaning of the Forestry Act 2012, and
(d) not reserved under the National Parks and Wildlife Act 1974, and
(e) not reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Planning Secretary, is an environmental protection or nature conservation purpose.
Development on land for a purpose that is permitted without consent by the zoning of that land may be carried out without consent on adjacent land that is prescribed State land despite any local environmental plan applying to that adjacent land.
This subsection and subsection (3) apply whether or not the land to which the relevant zoning applies and the adjacent State land (or former State land) are subject to the same environmental planning instruments.
Development on land for a purpose that is permitted with consent by the zoning of that land may be carried out with consent on adjacent land, despite any local environmental plan applying to that adjacent land, if—
(a) there is a valid site compatibility certificate applying to the development, and
(b) the adjacent land was prescribed State land when the Planning Secretary issued the certificate.
However, subsection (3) does not apply in relation to the development if the adjacent land concerned is no longer prescribed State land because it is—
(a) a forestry area within the meaning of the Forestry Act 2012, or
(b) reserved under the National Parks and Wildlife Act 1974, or
(c) reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Planning Secretary, is an environmental protection or nature conservation purpose.
This section does not—
(a) prevent a consent authority from—
(i) granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(ii) refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(b) otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this section applies.
Land is adjacent to other land for the purpose of this section even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.
In this section, a reference to land
(a) RE1 Public Recreation,
(b) C1 National Parks and Nature Reserves,
(c) C2 Environmental Conservation,
(d) W1 Natural Waterways.
An application for a site compatibility certificate for the purpose of section 2.18, 2.60(3) or 63C(2)(a) may be made to the Planning Secretary—
(a) by the owner of the land on which the development is proposed to be carried out, or
(b) by any other person with the consent of the owner of that land.
An application under this section—
(a) must be in writing in the form approved by the Planning Secretary, and
(b) must be accompanied by such documents and information as the Planning Secretary may require, and
(c) must be accompanied by such fee, if any, as is prescribed by the regulations.
The Planning Secretary may request further documents and information to be furnished in connection with an application under this section.
Within 7 days after the application is made, the Planning Secretary must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Planning Secretary refuses, before those 7 days have elapsed, to issue a certificate.
Subject to subsection (6), the Planning Secretary may determine the application by issuing a certificate or refusing to do so.
The Planning Secretary must not issue a certificate unless the Planning Secretary—
(a) has taken into account any comments received from the council within 21 days after the application for the certificate was made, and
(b) is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters—
(i) the existing uses and approved uses of land in the vicinity of the development,
(ii) the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of that land,
(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c) is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.
A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.
A certificate is valid for 5 years or such other period specified in the certificate.
Section 4.1 of the Act contains requirements applying to exempt development.
In addition to the requirements set out in this Chapter in relation to exempt development, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to the kind of exempt development concerned may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
This section applies to any development that this Chapter provides is exempt development.
Section 2.21 and other provisions of this Chapter identify kinds of development that are exempt development if they meet the requirements of this section.
To be exempt development, the development—
(a) 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, and
(b) must not, if it relates to an existing building—
(i) cause the building to contravene the Building Code of Australia, or
(ii) compromise the fire safety of the building or affect access to any fire exit, and
(c) must be carried out in accordance with all relevant requirements of the Blue Book, and
(d) must not be designated development, and
Note. Designated development is defined in section 4.10 of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations.
(e) if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the heritage significance of the item or area, and
(f) must not involve the demolition of a building or work that is, or is part of, a State or local heritage item, and
(g) if it involves the demolition of a building, must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, and
(h) must be installed in accordance with the manufacturer’s specifications, if applicable, and
(i) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
(j) must not involve the removal of asbestos, unless that removal is undertaken in accordance with Code of practice: How to safely remove asbestos published by SafeWork NSW in December 2022.
Development for a purpose specified in Schedule 1 is exempt development if—
(a) it is carried out by or on behalf of a public authority, and
(b) it meets the development standards for the development specified in Schedule 1, and
(c) it complies with section 2.20.
This section does not apply to development carried out by public authorities in connection with an existing educational establishment.
Chapter 3 provides for exempt development carried out by public authorities in connection with an existing educational establishment.
Any other provision of this Chapter prevails over Schedule 1 of this Policy to the extent of any inconsistency.
Clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains requirements that must be met for development to be complying development.
This section applies to any development that this Chapter provides is complying development.
To be complying development, the development must—
(a) not be exempt development under this Chapter, and
(b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and
Note. Accordingly, development that is permitted to be carried out without consent is not complying development.
(c) meet the relevant provisions of the Building Code of Australia, and
(d) must be carried out in accordance with the relevant provisions of the Blue Book, and
(e) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993—
(i) for each opening of a public road required by the development, and
(ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and
(f) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, and
Note. Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(2) of the Act.
(g) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
(h) not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and
(i) not involve the removal of asbestos, unless that removal is undertaken in accordance with Code of practice: How to safely remove asbestos published by SafeWork NSW in December 2022.
The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2017 contain provisions relating to noise.
A complying development certificate for complying development under this Chapter is subject to the conditions specified in this section.
The regulations made under the Act contain additional conditions of a complying development certificate.
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works—
(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or
(b) could cause damage to adjoining lands by falling objects, or
(c) involve the enclosure of a public place or part of a public place.
See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
Each toilet must—
(a) be a standard flushing toilet connected to a public sewer, or
(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or
(c) be a temporary chemical closet approved under the Local Government Act 1993.
A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
If works involve the demolition of a building, demolition must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.
Erosion and sediment controls must be effectively maintained until the site has been stabilised and landscaped.
If any object (other than an Aboriginal object) having interest due to its age or association with the past is discovered during the course of the work—
(a) all work must stop immediately, and
(b) the Office of Environment and Heritage must be advised of the discovery.
Depending on the nature and significance of the object, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before the work can continue.
If any Aboriginal object (including any evidence of habitation or remains) is discovered during the course of the work—
(a) all work must stop immediately, and
(b) the Chief Executive of the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.
If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.
Dirt, sand and other materials relating to the construction or other work comprised in the development and loaded on to any vehicles entering or leaving the site must be covered.
All vehicles, before leaving the site, must be cleaned of dirt, sand or other materials that have adhered during that construction or other work and could be tracked onto public roads.
Building, or demolition, materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
Demolition materials and waste materials must be sorted, and must be disposed of at a waste or resource management facility.
The work site must be left clear of waste and debris at the completion of the works.
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.
If—
(a) the development involves the erection or change of use of a building within a water supply authority’s area of operations, and
(b) the water supply authority requires a certificate of compliance to be obtained with respect to the erection or change of use of the building,
the building cannot be occupied before such a certificate has been obtained.
In this section—
(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
Development for the purpose of an airport may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of those zones—
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) IN4 Working Waterfront,
(d) SP1 Special Activities,
(e) SP2 Infrastructure,
(f) W2 Recreational Waterways,
(g) W3 Working Waterways,
(h) W4 Working Waterfront.
Development for the purpose of an air transport facility, being a heliport that is not part of an airport, may be carried out by or on behalf of a public authority without consent on land in any of the following land use zones or in a land use zone that is equivalent to any of these zones—
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) RU4 Primary Production Small Lots,
(c1) E4 General Industrial,
(c2) E5 Heavy Industrial,
(d) IN1 General Industrial,
(e) IN2 Light Industrial,
(f) IN3 Heavy Industrial,
(g) IN4 Working Waterfront,
(h) SP1 Special Activities,
(i) SP2 Infrastructure,
(j) W2 Recreational Waterways,
(k) W3 Working Waterways,
(l) W4 Working Waterfront.
A reference in this section to development for the purpose of an air transport facility includes a reference to development for any of the following purposes if the development is in connection with an air transport facility—
(a) construction works,
(b) fencing, drainage or vegetation management.
Development for any of the following purposes may be carried out with consent on land within the boundaries of an existing air transport facility if the development is ancillary to the air transport facility—
(a) passenger transport facilities,
(b) facilities for the receipt, forwarding or storage of freight,
(c) hangars for aircraft storage or maintenance,
(d) commercial premises,
(e) industries,
(f) recreation areas, recreation facilities (indoor) or recreation facilities (outdoor),
(g) residential accommodation,
(h) tourist and visitor accommodation.
In this Division—
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre declared under section 225A of that Act, and
(b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) RU2 Rural Landscape,
(b) RU4 Primary Production Small Lots,
(c) RU6 Transition,
(c1) MU1 Mixed Use,
(d) B4 Mixed Use,
(e) SP1 Special Activities,
(f) SP2 Infrastructure.
Development for the purpose of correctional centres may be carried out by or on behalf of a public authority with consent on land in a prescribed zone or within the boundaries of an existing correctional complex.
A reference in this section to development for the purpose of correctional centres includes a reference to development for any of the following purposes if the development is associated with a correctional centre—
(a) accommodation for staff,
(b) administration buildings,
(c) car parks for visitors and staff,
(d) educational establishments,
(e) group homes,
(f) health services facilities,
(g) industries,
(h) recreational facilities.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional centre—
(a) replacement of buildings,
(b) alterations of, or additions to, a correctional centre,
(c) demolition of buildings.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional complex—
(a) transitional group homes that each contain not more than 5 bedrooms and accommodate fewer residents than the number equal to the number calculated by multiplying the number of bedrooms in the home by 2,
(b) sporting facilities or additions to sporting facilities, if the development does not involve clearing of more than 2 hectares of native vegetation,
(c) demolition of buildings,
(d) replacement of accommodation, administration or other facilities in a correctional complex,
(e) alterations of, or additions to, a building within a correctional complex,
(f) construction or realignment of security fencing with a height of not more than 12 metres above ground level (existing),
(g) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, if any such facility does not exceed 1 storey and is setback at least 5 metres from any boundary with a residential zone and at least 1 metre from any other zone boundary.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land identified on the Correctional Centres Map—
(a) correctional centres, if the land is identified as “Centre” on the Correctional Centres Map,
(b) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, provided any such facility is erected within the boundaries of a correctional complex.
In this section,
Development for any of the following purposes is exempt development if it complies with section 2.20 and is carried out by or on behalf of a public authority within the boundaries of an existing correctional centre—
(a) demolition of buildings, if the footprint of the building covers an area no greater than 250 square metres,
(b) at grade car parks,
(c) outdoor recreational facilities, including playing fields and associated earthworks,
(d) environmental management works,
(e) landscaping, including landscape structures or features and irrigation systems (whether or not they use recycled water),
(f) emergency or maintenance works in relation to security fences.
Development carried out by or on behalf of a public authority on land within the boundaries of an existing correctional centre is complying development if—
(a) the development consists of the replacement of, construction of, or alterations or additions to accommodation, administration or other facilities, and
(b) the development complies with this section and section 2.22 (General requirements for complying development).
The following are the development standards for complying development under this section—
(a) Building height standard. The building height of a building must not exceed 12 metres.(b) Side and rear setback standard. A building must be located at least 5 metres from any side or rear boundary of the land.
Development for the purpose of data centres may be carried out by any person with consent on land in a prescribed zone.
In this section—
(a1) E3 Productivity Support,
(a2) E4 General Industrial,
(a3) E5 Heavy Industrial,
(a) B5 Business Development,
(b) B6 Enterprise Corridor,
(c) B7 Business Park,
(d) IN1 General Industrial,
(e) IN2 Light Industrial,
(f) IN3 Heavy Industrial,
(g) Zone SP4 Enterprise under the following local environmental plans—
(i) Canada Bay Local Environmental Plan 2013,
(ii) Central Coast Local Environmental Plan 2022,
(iii) Penrith Local Environmental Plan 2010,
(iv) Pittwater Local Environmental Plan 2014,
(v) Port Macquarie-Hastings Local Environmental Plan 2011,
(vi) Sutherland Shire Local Environmental Plan 2015,
(vii) The Hills Local Environmental Plan 2019,
(viii) Warringah Local Environmental Plan 2011.
In this Division—
Development for the following purposes may be carried out by any person without development consent on relevant land—
(a) maintenance or reconstruction of a border fence,
(b) the laying of a clay surface alongside a border fence to stabilise it and any associated excavation.
Development for the purposes of the construction of an extended border fence may be carried out by or on behalf of a public authority without development consent on relevant land.
Development on relevant land in connection with a dog-proof fence for the following purposes is exempt development—
(a) emergency repairs,
(b) installation, maintenance or removal of gates, signage or wires.
Development is exempt development under this section only if the development—
(a) complies with section 2.20, and
(b) involves no greater disturbance to the ground or native vegetation than necessary, and
(c) does not disturb any ground or native vegetation that is more than 8 metres from the dog-proof fence.
In this Division—
(a) making or generating electricity,
(b) electricity storage.
(a) RU1 Primary Production,
(b) RU2 Rural Landscape,
(c) RU3 Forestry,
(d) RU4 Primary Production Small Lots,
(e) E4 General Industrial,
(f) E5 Heavy Industrial,
(g) IN1 General Industrial,
(h) IN2 Light Industrial,
(i) IN3 Heavy Industrial,
(j) IN4 Working Waterfront,
(k) SP1 Special Activities,
(l) SP2 Infrastructure,
(m) W4 Working Waterfront.
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential,
(f) Zone RU5 Village.
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots.
(a) a photovoltaic electricity generating system used for the primary purpose of generating electricity for a land use—
(i) carried out on the land on which the system is located, or
(ii) carried out by the owner of the system on adjoining land,
(b) a solar hot water system,
(c) a solar air heating system.
Development for the purpose of electricity generating works may be carried out by any person with consent on the following land—
(a) in the case of electricity generating works comprising a building or place used for the purpose of making or generating electricity using waves, tides or aquatic thermal as the relevant fuel source—on any land,
(b) in any other case—any land in a prescribed non-residential zone.
Development for the purpose of a back-up electricity generating plant that operates for not more than 200 hours in any year may be carried out by any person with consent on any land.
Development for the purpose of the expansion of existing electricity generating works may be carried out by or on behalf of a public authority with consent on any land that is adjacent to the existing works.
Consent is not required to carry out any such development on land if the development could, but for subsection (3), be carried out on that land without consent.
Development for the purpose of, or resulting in, a change of fuel source of an existing coal or gas fired generating works by a proportion of more than 5 per cent in any 12 month period may only be carried out with consent.
If, under any environmental planning instrument (including this Chapter), development for the purpose of—
(a) industry, or
(b) a waste or resource management facility,
may be carried out on land with consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person with consent on that land.
Thermal energy from waste development is regulated by Division 28.
Without limiting subsection (1), development for the purpose of a small wind turbine system may be carried out by any person with consent on any land.
However, subsection (7) only applies in relation to land in a prescribed residential zone if—
(a) the small wind turbine system has the capacity to generate no more than 10kW, and
(b) the height of any ground-mounted small wind turbine in the system from ground level (existing) to the topmost point of the wind turbine is no more than 18m.
Development for the purpose of a solar energy system may be carried out by any person with consent on any land.
If, under any environmental planning instrument (including this Chapter), development for the purpose of coal-fired or gas-fired electricity generating works may be carried out on land with consent, development for the purpose of industry may also be carried out by any person with consent on that land if the industry—
(a) is located close to the works, and
(b) provides opportunities for energy efficiency or co-generation in the operation of the works.
Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land—
(a) the generation or distribution of hydro-electric power using existing dam infrastructure,
(b) routine maintenance of, or emergency works relating to, electricity generating works,
(c) the installation of plant that—
(i) is on the site of, and required in connection with, existing electricity generating works, and
(ii) does not increase the existing electricity generating capacity of the works by more than 2 percent.
In subsection (1)(c),
If, under any environmental planning instrument (including this Chapter), development for the purpose of sewage treatment plants may be carried out on land without consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person without consent on that land.
Thermal energy from waste development is regulated by Division 28.
Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if it is ancillary to—
(a) an existing infrastructure facility, or
(b) an educational establishment within the meaning of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.
Development for the purpose of a small wind turbine system is complying development on any land if—
(a) the development complies with section 2.22, and
(b) the land is not in a heritage conservation area, and
(c) the system is installed no less than—
(i) 25 metres—in the case of a system that has a source sound power level of 0–70 dB(A), or
(ii) 40 metres—in the case of a system that has a source sound power level of 71–80 dB(A), or
(iii) 126 metres—in the case of a system that has a source sound power level of 81–90 dB(A), or
(iv) 200 metres—in the case of a system that has a source sound power level of more than 91 dB(A), or
(v) 200 metres—in the case of a system that has an unknown source sound power level,
from any dwelling that is not owned or occupied by the owner of the system, and
(d) the system is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(e) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(f) in the case of any ground-mounted small wind turbine in the system—the turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(g) in the case of land in a prescribed residential zone—
(i) the system has the capacity to generate no more than 10kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than one small wind turbine being situated on the lot concerned, and
(B) the small wind turbine has a height of not more than 18m above ground level (existing), and
(C) the small wind turbine is not installed forward of any existing building line on the lot concerned that faces a primary road, and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 3m above any building to which it is attached (as measured from the point of attachment), and
(C) each small wind turbine is not attached to a wall or roof facing a primary road, and
(h) in the case of land in a prescribed non-residential zone—
(i) the system has the capacity to generate no more than 100kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than 3 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine has a height of not more than 35m above ground level (existing), and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment), and
(i) in the case of land in any land use zone other than a land use zone referred to in paragraph (g) or (h)—
(i) the system has the capacity to generate no more than 100kW, and
(ii) if the system is ground-mounted—
(A) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine has a height of not more than 26m above ground level (existing), and
(iii) if the system is not ground-mounted—
(A) the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B) each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment).
Development for the purpose of a solar energy system is complying development on any land if—
(a) the development complies with section 2.22, and
(b) the land is not in a heritage conservation area, and
(c) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and
(d) in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and
(e) in the case of a system that is ground-mounted—
(i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m
2 , and(ii) the system has a height of not more than 10m above ground level (existing), and
(iii) the system is installed no less than 10m from any adjoining property boundary, and
(iv) if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and
(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and
(f) in the case of a system that is not ground-mounted—
(i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and
Note. The term
building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.(ii) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and
(iii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and
(iv) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—
(A) the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and
(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and
(v) the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.
For the purposes of subsection (1)(c), a
Development on any land for the purpose of electricity generating works that burn native forest bio-material, within the meaning of the Protection of the Environment Operations (General) Regulation 2022, Chapter 9, Part 3, is prohibited.
Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if—
(a) it complies with section 2.20 (other than section 2.20(2)(h)), and
(b) the system is ground-mounted, and
(c) each small wind turbine has a height of not more than 35m from ground level (existing), and
(d) each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and
(e) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(f) each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(g) each small wind turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(h) the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind systems under the Clean Energy Council’s wind endorsement scheme, and
(i) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.
The installation of a wind monitoring tower used in connection with investigating or determining the feasibility of a small wind turbine system that has a generating capacity of no more than 1 MW is exempt development on any land if—
(a) it complies with section 2.20 (other than section 2.20(2)(h)), and
(b) the tower is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(c) the tower does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(d) the tower is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(e) if the land contains a State or local heritage item or is in a heritage conservation area—the tower is not visible from any road at the point where the road adjoins the property boundary concerned, and
(f) in the case of land in a prescribed residential zone—
(i) there is no other wind monitoring tower installed on the lot concerned, and
(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 18m, and
(iii) the tower is installed no less than 18m from any dwelling that is not owned or occupied by the owner of the tower, and
(g) in the case of land in a prescribed non-residential zone—
(i) there are no more than 2 other wind monitoring towers installed on the lot concerned, and
(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 35m, and
(iii) the tower is installed no less than 35m from any dwelling that is not owned or occupied by the owner of the tower, and
(h) in the case of land in any land use zone (other than a land use zone referred to in paragraph (f) or (g))—
(i) there is no more than one other wind monitoring tower installed on the lot concerned, and
(ii) the height of the tower from ground level (existing) to the topmost point of the tower is no more than 26m, and
(iii) the tower is installed no less than 26m from any dwelling that is not owned or occupied by the owner of the tower, and
(i) in the case of a development application in relation to the small wind turbine system to be used in connection with the tower that is refused or withdrawn—the tower is demolished within 6 months after the decision to refuse or withdraw the application.
Development for the purpose of a wind monitoring tower used in connection with the investigation or determination of the feasibility of a wind farm that has a generating capacity of more than 1 MW is exempt development if—
(a) it complies with section 2.20, and
(b) the tower—
(i) is erected in accordance with the manufacturer’s specifications, and
(ii) has a height of not more than 110m, and
Painting, plastering, cement rendering, cladding, attaching fittings and decorative work.
(b) work involving the removal of lead,
(c) work involving the removal of asbestos or asbestos cement if the removal complies with Code of practice: How to safely remove asbestos published by SafeWork NSW in December 2022,
(d) the construction or installation of mechanical plant or an air conditioning unit.
Interior alterations to a building that do not—
(a) cause the load bearing capacity of a component of the building to be exceeded, or
(b) detrimentally affect the operational effectiveness of the fire safety measures for the building.
In this section—
The construction or installation of an at-grade car park.
The car park must be designed in accordance with one of the following—
(a) AS 1428.1:2021, Design for access and mobility, Part 1: General requirements for access—New building work,
(b) AS 1428.2—1992, Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities,
(c) AS 1428.3—1992, Design for access and mobility, Part 3: Requirements for children and adolescents with physical disabilities,
(d) AS/NZS 1428.4.1:2009, Design for access and mobility, Part 4.1: Means to assist the orientation of people with vision impairment—Tactile ground surface indicators,
(e) AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking,
(f) AS 2890.2:2018, Parking facilities, Part 2: Off-street commercial vehicle facilities.
The car park must be—
(a) paved with concrete or bituminous surfaces, and
(b) designed and constructed to drain surface water run-off to—
(i) a stormwater drainage system, or
(ii) a landscaped area.
If the car park requires the removal of a tree with a diameter of more than 40cm at a height of 1.5m above ground level (existing), the tree must be replaced by at least 2 new trees of a local native species with a pot size of at least 200L.
The change of use from a lawful use for the purposes of a freight support facility to another kind of use for the purposes of a freight support facility.
The land on which the development is carried out must—
(a) be suitable for the new use, and
(b) not be on contaminated land within the meaning of the Act, Schedule 6.
The new use must not—
(a) result in a change of building classification under the Building Code of Australia, or
(b) increase the level of fire hazard arising from the use of a building, or
(c) involve alterations to a building classified under the Building Code of Australia, other than alterations that are exempt development under this Schedule.
Demolition of a building or work in accordance with AS 2601—2001, The demolition of structures.
This section does not apply to demolition of the following—
(a) bulk liquid storage tanks that have been used to store dangerous goods or combustible liquids,
(b) pipelines that have been used to carry dangerous goods or combustible liquids,
(c) liquefied petroleum gas storage tanks that together have a capacity to store more than 3 tonnes of gas at the same time, or
(d) a heritage item.
The construction or installation of a driveway that is ancillary or incidental to a lawful use on the land on which the development is carried out.
The driveway must be designed in accordance with AS 2890.2:2018, Parking facilities, Part 2: Off-street commercial vehicle activities.
Maintenance or restoration of Precinct facilities and emergency services equipment for the purposes of ensuring public safety or protecting buildings or the environment as a result of—
(a) a sudden natural event, including a storm, flood, tree fall, bush fire or land slip, or
(b) an accident, equipment failure or structural collapse, or
(c) damage caused by vandalism or arson.
The development must not, except to the extent necessary to carry out the development—
(a) disturb soil or vegetation, or
(b) affect the heritage value of a heritage item.
The construction or installation of a fence or gate, including a security boom gate.
The fence or gate must be constructed of low reflective, factory pre-coloured materials.
The fence or gate must not have a height of more than 5m.
The construction or installation of a flagpole.
The flagpole must not be located within 20m of a boundary of a property that is used for residential purposes.
The flagpole must not display a commercial advertisement for anything other than a business located on the site.
The construction or installation of hail netting.
The netting must—
(a) not have a height above ground level (existing) of more than 12m, and
(b) be dark in colour.
Surveying works and works for the purposes of investigating the physical properties of soil or rock, including geotechnical investigations and sediment sampling.
The development must not disturb soil or vegetation, except to the extent necessary to carry out the development.
The construction or installation of landscaping works and landscaping structures, including landscaping works and landscaping structures used for drainage.
The construction or installation of lighting, including structures for external lighting.
All new external lighting must—
(a) comply with AS/NZS 4282:2019, Control of the obtrusive effects of outdoor lighting, and
(b) be mounted, screened and directed to not create a nuisance or light spill onto land outside the Precinct.
The maintenance, repair or replacement of fittings, fixtures and infrastructure in relation to development for the purposes of Precinct facilities.
The development must not involve excavation works, except to the extent necessary to carry out the maintenance, repair or replacement.
The installation and maintenance of moveable plant and equipment.
The construction or installation of paving, including maintenance and repair of paving.
The paving must be designed and constructed—
(a) to withstand the loads for which it will be used, and
(b) to drain surface water run-off to—
(i) a stormwater drainage system, or
(ii) a landscaped area.
The construction or installation of pedestrian ramps, paths and mechanical and non-mechanical stairways.
Preloading works for compression of soil before construction.
The development must not—
(a) disturb soil or vegetation, except to the extent necessary to carry out the development, or
(b) damage adjoining buildings or structures on the land or an adjoining lot, or
(c) redirect the flow of surface water onto an adjoining lot.
Fill brought to the site must be appropriate fill.
The construction or installation of facilities and works for the purposes of pollution control, work health and safety measures and environmental protection works, including facilities and works associated with the following—
(a) liquefied petroleum gas storage tanks or fuel storage tanks,
(b) noise walls,
(c) environmental monitoring stations,
(d) stormwater treatment.
The construction or installation of railway tracks, including signals and sidings, and maintenance and replacement works.
The construction or installation of reefer points for refrigerated containers.
The construction or installation of a retaining wall.
The wall must not retain fill of a height more than 2m above ground level (existing).
The excavation must not exceed a depth below ground level (existing) of 1m.
The wall must comply with the following—
(a) AS 3700:2018, Masonry structures and AS 3700:2018 Sup 1:2020, Masonry structures—Commentary (Supplement 1 to AS 3700:2018),
(b) AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions, and AS/NZS 1170.1 Supp 1:2002, Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002),
(c) if the structure is made of timber—AS 1720.1—2010, Timber structures, Part 1: Design methods.
The wall must be designed to manage the natural flow of stormwater or surface water run-off.
Minor maintenance, minor repairs and other minor works to roads and rail infrastructure.
The marking out of roads, including the marking out of parking areas, queuing areas and pedestrian crossings.
The construction, installation or removal of safety or security barriers, including jersey barriers, earth berms and bollards.
The construction or installation of radio or satellite communication dishes for the purposes of—
(a) receiving television or radio signals, or
(b) use in connection with community band or two-way radio.
The construction, installation or removal of a scaffold or hoarding.
The development must—
(a) comply with AS/NZS 1576.1:2019, Scaffolding, Part 1: General requirements, and
(b) be removed as soon as practicable without compromising public health or safety.
The construction or installation of security cameras and other devices, including radar, communication devices and microwave receivers for the purposes of monitoring traffic or tracking trucks or for security purposes.
Signage other than advertising structures.
A sign must comply with—
(a) AS 1319—1994, Safety signs for the occupational environment, and
(b) AS/NZS 4282:2019, Control of the obtrusive effects of outdoor lighting.
A change to the display on an existing sign or the maintenance or repair of an existing sign.
The subdivision of land if the size of each resulting lot is not less than 2,000m
The erection of a switch room or security booth.
The building must not have a gross floor area of more than 500m
The construction, installation or removal of a temporary structure, if the structure is used for a period of not more than 12 months in total.
The temporary use of land in connection with a freight intermodal facility for a maximum period of 182 days, whether or not consecutive, in any period of 12 months.
The use must not—
(a) prejudice the subsequent carrying out of development on land in the Precinct, or
(b) adversely impact on adjoining land or the amenity of the neighbourhood, or
(c) adversely impact on environmental attributes or features of the land, or
(d) increase the risk of natural hazards that may affect the land.
The construction or installation of a truck marshalling area.
The truck marshalling area must—
(a) be paved with concrete or bituminous surfaces, and
(b) be designed and constructed to contain leaks and spillages so they do not enter a stormwater drainage system or contaminate land, and
(c) comply with AS 2890.2:2018, Parking facilities, Part 2: Off-street commercial vehicle facilities.
The construction or installation of a truck or train weighbridge.
The construction or installation of a utility or service facility, including—
(a) pipelines, other than pipelines used to carry dangerous goods or pipelines that are the subject of a licence under the Pipelines Act 1967, and
(b) stormwater drainage.
An overhead structure used to support a pipeline must be at a height that provides adequate clearance for road or rail traffic below the structure.
Minor vegetation management for the purposes of maintaining the security or safety of the Precinct
The development must not disturb vegetation more than is necessary for those purposes.
The construction or installation of washbays for cleaning vehicles and equipment.
The construction, installation or removal of a rainwater tank or grey water tank.
The tank must—
(a) not have a capacity of more than 20,000 tonnes of water, and
(b) be the same colour as the surrounding development or a neutral colour.
section 6.6
Erection or use of a building for the following purposes—
(a) freight intermodal facilities,
(b) freight support facilities, other than—
(i) the erection or use of a building of a kind that is not within a building classification under the Building Code of Australia, or
(ii) designated development.
Erection or use of warehouse or distribution centres, if the gross floor area of all buildings used for warehouse or distribution centres in the Precinct does not exceed 1,220,000m
If a building used for a warehouse or distribution centre has a height of more than 21m, the following apply—
(a) the visual impact of the building must be minimised,
(b) the building must be oriented to the street and the principal form must follow the boundary orientation,
(c) the design of the building must add visual interest through the building structure, facade design and signage integration,
(d) existing native trees within the setback of the building must be retained as an integral component of the site’s landscaping, to protect local flora habitats,
(e) landscaping must—
(i) be included around the building or on the site boundaries, and
(ii) establish a distinctive entry to the site,
(f) native species of trees must be planted at 3m intervals along the landscaped areas at the side and rear boundaries,
(g) the trees in paragraph (f) must be capable of achieving—
(i) a height of at least 8m and a crown of 4m at maturity, and
(ii) a crown of at least 2m within 2 years of the occupation of the development,
(h) construction materials must be robust and durable,
(i) light coloured materials with a high total solar reflectance must be used for roofing to reduce heat loading,
(j) the colour and materials used in the building must provide a continuity along frontages,
(k) the reflectivity of the glazing of the building must not exceed 20%,
(l) the signage on the building must be designed to avoid clutter.
The change of use from a lawful use for the purposes of freight support facilities to another kind of use for the purposes of freight support facilities.
The land on which the development is carried out must be suitable for the new use.
If the new use results in an increase in the level of fire hazard arising from the use of a building, appropriate fire safety measures for the increased level of fire hazard must be implemented.
Certain changes of use for freight support facilities are exempt development under this Policy, Chapter 6 and Schedule 12.
The construction or installation of an awning or canopy.
The development must not—
(a) result in an increase to the gross floor area of a building, or
(b) reduce the existing level of access to a building by people with a disability.
The awning or canopy must not be—
(a) less than 2.7m above ground level (existing) at any point, or
(b) more than 3m in depth measured horizontally from the facade of the building, or
(c) closer than 450mm to the edge of a kerb or alignment of a path or road on which vehicles travel.
The construction or installation of a bridge used for a purpose other than a road.
The construction or installation of a conveyor system.
An overhead structure that supports a conveyor system must be constructed to provide adequate clearance for traffic below the structure.
The installation of a rail-mounted crane, fixed crane or crane rails for a rail-mounted crane.
The construction or installation of a dry bulk storage silo that is not used for the storage of dangerous goods.
The construction or installation, including upgrading and replacing, of emergency services equipment, including the following—
(a) fire systems,
(b) pumphouses,
(c) fire water tanks,
(d) other essential fire safety facilities.
The development must not—
(a) reduce the level of fire safety of a building, or
(b) detrimentally affect the structural integrity of a building, or
(c) alter or extend an existing fire sprinkler system of a building that is unsuitable for the level of fire hazard arising from the use of the building.
Subsection (2)(c) does not apply to an alteration or extension that is for the purposes of, or includes, upgrading the fire sprinkler system so that it is suitable for the level of fire hazard arising from the use of the building.
The use of up to 2,300,000m
The fill must be appropriate fill.
No more than 22,000 tonnes of fill may be delivered to land in the Precinct in a 24-hour period.
The fill must not be stored on contaminated land within the meaning of the Act, Schedule 6.
Despite subsection (4), the fill may be stored on land referred to in the Environmental Planning and Assessment Regulation 2021, section 129(2) if the remediation works specified in a statement under that Regulation, section 129(5) have been carried out.
Food and drink premises to provide for persons working in the Precinct with—
(a) a gross floor area of not more than 1,250m
2 , and(b) food preparation areas that comply with AS 4674—2004, Design, construction and fit-out of food premises.
The construction or installation of a loader or unloader and associated cargo handling facilities.
The construction of a retaining wall with a height of not more than 6m above ground level (existing).
The wall must comply with the following—
(a) AS 3700:2018, Masonry structures and AS 3700:2018 Sup 1:2020, Masonry structures—Commentary (Supplement 1 to AS 3700:2018),
(b) AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions, and AS/NZS 1170.1 Supp 1:2002, Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002),
(c) if the structure is made of timber—AS 1720.1—2010, Timber structures, Part 1: Design methods.
Construction may be carried out only between 7.00am and 5.00pm Monday to Saturday, unless construction cannot be heard at the nearest residence.
To control dust emissions from the site, suitable measures must be taken to suppress dust or mitigate the effect of dust emissions prior to demolition, excavation or building work.
Earthworks, including a structural retaining system or other related structure, must not—
(a) cause a danger to life or property or damage to any adjoining buildings or structures on the land comprising the lot on which the earthworks are carried out or to any building or structure on land comprising an adjoining lot, or
(b) redirect the flow of any surface or ground water, or cause sediment to be transported, onto an adjoining property.
Excavated soil found to be contaminated, as classified under guidelines made under the Contaminated Land Management Act 1997, must be—
(a) removed from the site in accordance with any requirements of the Protection of the Environment Operations Act 1997, or
(b) appropriately remediated or managed on site.
Fill brought to the site must be appropriate fill.
Excavation must be carried out in accordance with Excavation Work: Code of Practice, published by SafeWork NSW in January 2020.
This section applies to complying development carried out on land containing a containment cell if the development is likely to—
(a) cause the cell to be breached or otherwise damaged, or
(b) reduce the effectiveness of the cell.
A plan that provides for the following must be prepared and approved by a site auditor before the development commences—
(a) the management of the construction process relating to a breach of or damage to the containment cell, including how exposed contaminated material will be dealt with,
(b) the process for reinstating the containment cell before the development is completed.
The plan, including the reinstatement of the containment cell, must be complied with.
The land on which the development is carried out must not be used for the purpose of the development unless—
(a) a site audit report and site audit statement are obtained from a site auditor before the development is completed, and
(b) the report and statement indicate that the site is suitable for the intended use.
In this section—
This section applies to complying development that consists of the erection of a building that will be located less than 3m from a lot boundary.
A survey certificate must be provided to the principal certifying authority—
(a) before form work below a ground floor slab is carried out, or
(b) if there is no form work below a ground floor slab—before concrete is poured for a ground floor slab or foundations.
The survey certificate must—
(a) be prepared by a registered land surveyor under the Surveying and Spatial Information Act 2002, and
(b) show the location of the building relative to the boundaries of the lot.
This section applies to development specified in sections 1, 2, 4–9, 12 and 13.
A certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that the development has satisfactory design and structural integrity.
Fire watch measures must be implemented during a period in which work on existing alarm signalling equipment results in a loss of a monitoring service.
State Environmental Planning Policy (Transport and Infrastructure) 2021 (732). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Policy has been amended by this Policy, Sch 12, sec 7 and as follows—
(132) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Miscellaneous) 2022. LW 1.4.2022. Date of commencement, on publication on LW, sec 2. | |
(248) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Moorebank Freight Intermodal Precinct) 2022. LW 27.5.2022. Date of commencement, on publication on LW, sec 2. | |
(274) | State Environmental Planning Policy Amendment (Temporary Emergency Facilities) 2022. LW 3.6.2022. Date of commencement, on publication on LW, sec 2. | |
(373) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Three Ports) 2022. LW 8.7.2022. Date of commencement, on publication on LW, sec 2. | |
(441) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Miscellaneous) (No 2) 2022. LW 5.8.2022. Date of commencement, on publication on LW, sec 2. | |
(451) | State Environmental Planning Policy Amendment (Housing Supply) 2022. LW 12.8.2022. Date of commencement, on publication on LW, sec 2. | |
(461) | State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022. LW 17.8.2022. Date of commencement, on publication on LW, sec 2(1). | |
(517) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Intertrade Industrial Park) 2022. LW 26.8.2022. Date of commencement, on publication on LW, sec 2. | |
(528) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Change of Use) 2022. LW 1.9.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(664) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Bee Keeping and Grazing) 2022. LW 4.11.2022. Date of commencement, 9.11.2022, sec 2. | |
(727) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Land Use Zones) 2022. LW 30.11.2022. Date of commencement, on the commencement of Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (ie 30.11.2022), sec 2. | |
(742) | State Environmental Planning Policy Amendment (Miscellaneous) (No 2) 2022. LW 2.12.2022. Date of commencement, on publication on LW, sec 2. | |
(768) | State Environmental Planning Policy Amendment (Exempt and Complying Development) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(825) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Thermal Energy from Waste) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(826) | State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022. LW 16.12.2022. Date of commencement, 8.9.23, sec 2. Amended by Sydney Local Environmental Plan Amendment (Precincts) 2023 (275). LW 8.6.2023. Date of commencement, 8.6.23, cl 2. | |
(36) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Water Supply Systems) 2023. LW 3.2.2023. Date of commencement, on publication on LW, sec 2. | |
(80) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Electric Vehicles) 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(29) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Port Kembla) 2024. LW 9.2.2024. Date of commencement, on publication on LW, sec 2. | |
(115) | State Environmental Planning Policy (Transport and Infrastructure) Amendment 2024. LW 5.4.2024. Date of commencement, on publication on LW, sec 2. | |
(452) | Inner West Local Environmental Plan Amendment (Electric Vehicle Charging Units) 2024. LW 30.8.2024. Date of commencement, on publication on LW, cl 2. | |
(505) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Cemeteries) 2024. LW 27.9.2024. Date of commencement, on publication on LW, sec 2. | |
No 67 | Ports and Maritime Administration Amendment Act 2024. Assented to 30.9.2024. Date of commencement of Sch 5, assent, sec 2(b). | |
(585) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 2) 2024. LW 22.11.2024. Date of commencement, on publication on LW, sec 2. | |
(594) | State Environmental Planning Policy Amendment (Exemptions) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2(b). | |
(609) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2024. LW 29.11.2024. Date of commencement, on publication on LW, sec 2. | |
(654) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 3) 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
(291) | State Environmental Planning Policy (Housing) Amendment (Diverse Housing) 2025. LW 20.6.2025. Date of commencement, on publication on LW, sec 2. | |
(352) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Government Schools) 2025. LW 11.7.2025. Date of commencement, on publication on LW, sec 2. | |
(423) | State Environmental Planning Policy Amendment (Central Precinct) 2025. LW 15.8.2025. Date of commencement, on publication on LW, sec 2. | |
(618) | State Environmental Planning Policy (Precincts—Regional) Amendment (Port Kembla Land Transformation Precinct) 2025. LW 14.11.2025. Date of commencement, on publication on LW, sec 2. |
Sec 1.3 | Am 2024 (585), Sch 1[1]; 2025 (291), Sch 3[1]. |
Sec 2.3 | Am 2023 (523), Sch 2.8[1]; 2023 (609), Sch 2.22[1]; 2024 (654), Sch 1[1]. |
Sec 2.4 | Am 2022 (517), Sch 1[1]. |
Sec 2.7 | Am 2024 (654), Sch 1[2]–[7]. |
Sec 2.9A | Ins 2023 (83), Sch 2.6[1]. |
Sec 2.12 | Am 2023 (609), Sch 2.22[2]. |
Sec 2.13 | Am 2023 (609), Sch 2.22[2]. |
Sec 2.14 | Am 2024 (654), Sch 1[8]. |
Sec 2.15 | Am 2022 (517), Sch 1[2]; 2022 (629), Sch 3.19[1]–[3]; 2022 (742), Sch 1[1]; 2023 (523), Sch 2.8[2]. |
Sec 2.16 | Am 2023 (83), Sch 2.6[2]. |
Part 2.2, Div 2, note | Am 2022 (517), Sch 1[1]. |
Sec 2.18 | Am 2022 (517), Sch 1[1]–[3]. |
Sec 2.19 | Am 2022 (517), Sch 1[1]. |
Sec 2.20 | Am 2024 (609), Sch 2[1]. |
Sec 2.21 | Am 2022 (742), Sch 1[2] [3]. |
Sec 2.22 | Am 2024 (609), Sch 2[1]. |
Sec 2.23 | Am 2022 (517), Sch 1[4]. |
Sec 2.24 | Am 2022 (727), Sch 1[1]–[3]. |
Sec 2.26 | Am 2022 (727), Sch 1[4]. |
Part 2.3, Div 3, heading | Am 2022 (768), Sch 3[1]. |
Sec 2.31 | Am 2022 (727), Sch 1[5] [6]; 2022 (768), Sch 3[2]. |
Sec 2.35 | Am 2022 (132), Sch 1[1]–[3]; 2022 (727), Sch 1[7]. |
Sec 2.36 | Am 2022 (727), Sch 1[8]; 2022 (825), Sch 1[1]. |
Sec 2.38 | Am 2022 (825), Sch 1[1]. |
Sec 2.39 | Am 2022 (727), Sch 1[8]. |
Sec 2.40 | Am 2022 (825), Sch 1[2]. |
Sec 2.41 | Am 2022 (132), Sch 1[4]–[6]; 2022 (727), Sch 1[8]. |
Sec 2.44 | Am 2024 (654), Sch 1[6] [9]. |
Sec 2.44A | Ins 2024 (654), Sch 1[10]. |
Sec 2.48 | Am 2022 (742), Sch 1[4]. |
Sec 2.49 | Am 2022 (727), Sch 1[9] [10]. |
Sec 2.52 | Am 2024 (585), Sch 1[2] [3]; 2024 (654), Sch 1[11]. |
Sec 2.54 | Am 2024 (654), Sch 1[12]. |
Part 2.3, Div 9 | Subst 2022 (664), sec 4. |
Sec 2.58A | Ins 2022 (664), sec 4. |
Sec 2.58B | Ins 2022 (664), sec 4. |
Sec 2.59 | Am 2022 (727), Sch 1[11] [12]; 2024 (585), Sch 1[4] [5]. |
Sec 2.60 | Am 2022 (517), Sch 1[1] [5]. |
Sec 2.61 | Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[13]; 2024 (585), Sch 1[6]–[8]. |
Sec 2.61A | Ins 2024 (585), Sch 1[9]. |
Sec 2.62 | Am 2024 (585), Sch 1[10]. |
Sec 2.62A | Ins 2024 (585), Sch 1[11]. |
Sec 2.63 | Am 2022 (742), Sch 1[5]; 2025 (291), Sch 3[2]. |
Sec 2.63A | Ins 2022 (132), Sch 1[7]. Rep 2024 (585), Sch 1[12]. |
Sec 2.69 | Am 2022 (826), Sch 1.3[1] [2]; 2025 (423), Sch 5. |
Sec 2.70 | Am 2022 (528), sec 4(1). |
Sec 2.70A | Ins 2022 (826), Sch 1.3[3]. |
Sec 2.73 | Am 2022 (742), Sch 1[6]. |
Sec 2.74 | Am 2022 (528), sec 4(2); 2022 (742), Sch 1[7] [8]. |
Sec 2.75 | Am 2022 (517), Sch 1[2]. |
Sec 2.78 | Am 2022 (727), Sch 1[14]–[16]; 2024 (654), Sch 1[13] [14]. |
Sec 2.80 | Am 2024 (654), Sch 1[9] [15]. |
Sec 2.80A | Ins 2024 (654), Sch 1[16]. |
Sec 2.81 | Am 2024 (654), Sch 1[17]. |
Sec 2.82 | Am 2022 (517), Sch 1[7]. |
Sec 2.85 | Am 2022 (727), Sch 1[17] [18]. |
Sec 2.91 | Am 2022 (441), Sch 1[1]; 2022 (727), Sch 1[19]; 2024 (654), Sch 1[18] [19]. |
Sec 2.92 | Am 2024 (654), Sch 1[20]. |
Sec 2.93A | Ins 2024 (654), Sch 1[21]. |
Sec 2.94 | Am 2022 (742), Sch 1[9]; 2024 (654), Sch 1[22]. |
Sec 2.95 | Am 2022 (441), Sch 1[2]–[4]. |
Sec 2.96 | Subst 2022 (441), Sch 1[5]. |
Sec 2.96A | Ins 2022 (441), Sch 1[5]. |
Sec 2.98 | Am 2022 (517), Sch 1[1]. |
Sec 2.99 | Am 2022 (517), Sch 1[1]. |
Sec 2.100 | Am 2022 (517), Sch 1[1]. |
Sec 2.101 | Am 2023 (523), Sch 2.8[2]. |
Sec 2.104 | Am 2022 (727), Sch 1[20]. |
Sec 2.107 | Am 2022 (517), Sch 1[2]. |
Sec 2.108 | Am 2022 (727), Sch 1[21] [22]; 2024 (654), Sch 1[23] [24]. |
Sec 2.109 | Am 2022 (742), Sch 1[10]; 2024 (654), Sch 1[25]. |
Sec 2.110A | Ins 2024 (654), Sch 1[26]. |
Sec 2.111 | Am 2024 (654), Sch 1[27]. |
Sec 2.112 | Am 2024 (654), Sch 1[28]. |
Sec 2.118 | Am 2023 (523), Sch 2.8[2]. |
Sec 2.120 | Am 2022 (451), Sch 3; 2022 (517), Sch 1[1]. |
Sec 2.121 | Am 2022 (517), Sch 1[1]. |
Sec 2.122A | Ins 2024 (594), Sch 4. |
Part 2.3, Div 17. Subdiv 3 | Subst 2023 (80), Sch 1. |
Sec 2.123 | Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[29]. |
Sec 2.124 | Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[30]–[34]. |
Sec 2.124A | Ins 2023 (80), Sch 1. Am 2023 (458), Sch 3.6[1]–[3]; 2024 (654), Sch 1[35]. |
Sec 2.124B | Ins 2023 (80), Sch 1. |
Sec 2.124C | Ins 2023 (80), Sch 1. |
Sec 2.124D | Ins 2023 (80), Sch 1. Am 2024 (115), Sch 1[1] [2]; 2024 (654), Sch 1[34] [36]. |
Sec 2.124E | Ins 2023 (80), Sch 1. Am 2024 (452), Sch 1; 2024 (654), Sch 1[34] [37]. |
Sec 2.124F | Ins 2023 (80), Sch 1. Am 2024 (654), Sch 1[34] [38] [39]. |
Sec 2.125 | Am 2022 (727), Sch 1[23]. |
Sec 2.126 | Am 2024 (115), Sch 1[3] [4]. |
Sec 2.126A | Ins 2024 (654), Sch 1[40]. |
Sec 2.131 | Am 2022 (517), Sch 1[3] [8]. |
Sec 2.136 | Am 2024 (654), Sch 1[41] [42]. |
Sec 2.137 | Subst 2024 (654), Sch 1[43]. |
Sec 2.137A | Ins 2024 (654), Sch 1[43]. |
Sec 2.140 | Am 2022 (132), Sch 1[8]–[10]. |
Sec 2.141 | Am 2022 (132), Sch 1[11]; 2022 (441), Sch 1[6] [7]; 2022 (517), Sch 1[1]. |
Sec 2.143 | Am 2022 (517), Sch 1[1]. |
Sec 2.145 | Am 2022 (132), Sch 1[12]. |
Sec 2.152 | Am 2022 (727), Sch 1[24]. |
Sec 2.153 | Am 2022 (727), Sch 1[25] [26]; 2022 (825), Sch 1[3]. |
Sec 2.158 | Am 2022 (727), Sch 1[27]; 2023 (36), sec 4. |
Sec 2.159 | Am 2023 (458), Sch 3.6[4] [5]; 2024 (654), Sch 1[9]. |
Sec 2.159A | Ins 2024 (654), Sch 1[44]. |
Sec 2.161 | Am 2024 (654), Sch 1[45]. |
Sec 2.165 | Am 2022 (742), Sch 1[11]. |
Sec 2.165A | Ins 2022 (742), Sch 1[12]. |
Part 2.3, Div 25A | Rep 2022 (629), Sch 3.19[4]. |
Sec 2.166 | Rep 2022 (629), Sch 3.19[4]. |
Sec 2.167 | Rep 2022 (629), Sch 3.19[4]. |
Sec 2.169 | Ins 2022 (132), Sch 1[13]. Rep 2022 (461), Sch 2.1[1]. |
Part 2.3, Div 27 | Ins 2022 (274), Sch 1. |
Sec 2.170 | Ins 2022 (274), Sch 1. |
Part 2.3, Div 28 | Ins 2022 (825), Sch 1[4]. |
Sec 2.171 | Ins 2022 (825), Sch 1[4]. |
Part 2.3, Div 29 | Ins 2024 (505), Sch 1[1]. |
Part 2.3, Div 29, Subdiv 1 | Ins 2024 (505), Sch 1[1]. |
Sec 2.172 | Ins 2024 (505), Sch 1[1]. |
Sec 2.173 | Ins 2024 (505), Sch 1[1]. |
Part 2.3, Div 29, Subdiv 2 | Ins 2024 (505), Sch 1[1]. |
Sec 2.174 | Ins 2024 (505), Sch 1[1]. |
Sec 2.175 | Ins 2024 (505), Sch 1[1]. |
Part 2.3, Div 29, Subdiv 3 | Ins 2024 (505), Sch 1[1]. |
Sec 2.176 | Ins 2024 (505), Sch 1[1]. |
Sec 2.177 | Ins 2024 (505), Sch 1[1]. |
Sec 2.178 | Ins 2024 (505), Sch 1[1]. |
Sec 2.179 | Ins 2024 (505), Sch 1[1]. |
Sec 3.3 | Am 2022 (742), Sch 1[13]; 2023 (83), Sch 2.6[2]; 2023 (609), Sch 2.22[3]; 2024 (585), Sch 1[13]. |
Sec 3.6 | Am 2022 (461), Sch 2.1[2]. |
Sec 3.10 | Am 2023 (609), Sch 2.22[4]. |
Sec 3.15 | Am 2022 (517), Sch 1[2] [3]. |
Sec 3.16 | Am 2024 (609), Sch 2[2]. |
Sec 3.17 | Am 2022 (742), Sch 1[14]; 2025 (291), Sch 3[3]. |
Sec 3.18 | Am 2022 (629), Sch 3.19[5]; 2023 (523), Sch 2.8[3]–[7]. |
Sec 3.19 | Am 2024 (585), Sch 1[14]. |
Sec 3.21 | Am 2022 (517), Sch 1[4]; 2023 No 35, Sch 4.40. |
Sec 3.24 | Am 2022 (727), Sch 1[28]–[30]. |
Sec 3.34 | Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[31] [32]; 2022 (742), Sch 1[15]; 2024 (115), Sch 1[5]; 2024 (585), Sch 1[15] [16]; 2025 (352), Sch 1[1] [2]. |
Sec 3.36 | Am 2022 (742), Sch 1[16]; 2023 (523), Sch 2.8[8] [9]. |
Sec 3.37 | Am 2022 (742), Sch 1[16]; 2024 (585), Sch 1[17]–[26]; 2025 (352), Sch 1[3] [4]. |
Sec 3.37A | Ins 2024 (585), Sch 1[28]. Am 2025 (352), Sch 1[5]. |
Sec 3.38A | Ins 2024 (585), Sch 1[28]. |
Sec 3.38 | Am 2024 (585), Sch 1[27]. |
Sec 3.39 | Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[6]; 2024 (585), Sch 1[29]–[33]; 2025 (291), Sch 3[4]. |
Sec 3.40 | Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[7]–[9]; 2024 (585), Sch 1[34]–[37]. |
Sec 3.41 | Am 2022 (742), Sch 1[16]. |
Sec 3.44 | Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[33] [34]. |
Sec 3.46 | Am 2024 (654), Sch 1[46]. |
Sec 3.47 | Am 2024 (654), Sch 1[47] [48]. |
Sec 3.49 | Am 2025 (291), Sch 3[5]. |
Sec 3.51 | Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[35] [36]. |
Sec 3.56 | Am 2025 (291), Sch 3[6]. |
Sec 4.2 | Am 2023 (523), Sch 2.8[10]. |
Sec 4.5 | Am 2024 (585), Sch 1[38]. |
Sec 4.7 | Am 2023 (523), Sch 2.8[11]. |
Chapter 5, heading | Am 2022 (373), Sch 1[1]. |
Sec 5.2 | Am 2022 (373), Sch 1[2]–[4]; 2022 (517), Sch 1[9] [10]; 2023 (523), Sch 2.8[12]; 2024 No 67, Sch 5.6[1]. |
Sec 5.3 | Subst 2022 (373), Sch 1[5]. Am 2022 (517), Sch 1[11]. |
Sec 5.4 | Am 2022 (517), Sch 1[12]–[15]. |
Sec 5.5 | Am 2022 (373), Sch 1[6]. |
Sec 5.6 | Subst 2022 (373), Sch 1[7]. Am 2022 (517), Sch 1[16]. |
Sec 5.9 | Am 2022 (517), Sch 1[17]; 2023 (524), Sch 1.4[1] [2]; 2025 (618), Sch 3[1]. |
Sec 5.10 | Am 2022 (373), Sch 1[8]. |
Sec 5.14 | Am 2022 (373), Sch 1[9]; 2024 No 67, Sch 5.6[2]. |
Sec 5.16 | Am 2022 (517), Sch 1[18]; 2023 (523), Sch 2.8[13]. |
Sec 5.17 | Subst 2022 (373), Sch 1[10]. |
Sec 5.19A | Ins 2022 (373), Sch 1[11]. |
Sec 5.19B | Ins 2022 (373), Sch 1[11]. |
Sec 5.20 | Am 2022 (373), Sch 1[12]–[16]. |
Sec 5.21 | Am 2024 (29), Sch 1[1] [2]; 2025 (618), Sch 3[2]. |
Sec 5.22 | Am 2023 (524), Sch 1.4[3]. |
Sec 5.23A | Ins 2022 (629), Sch 3.19[6]. |
Land Use Table | Am 2022 (373), Sch 1[17]–[20]. |
Sec 5.24 | Am 2022 (373), Sch 1[21]–[24]. |
Sec 5.25 | Am 2022 (373), Sch 1[23] [25]–[27]. |
Sec 5.26 | Am 2022 (373), Sch 1[6]. |
Sec 5.27 | Am 2023 (523), Sch 2.8[13]. |
Sec 5.28 | Am 2023 (523), Sch 2.8[13]. |
Sec 5.29 | Am 2022 (373), Sch 1[6] [28]–[33]. |
Sec 5.30 | Am 2022 (373), Sch 1[6] [32] [34]. |
Sec 5.31 | Am 2022 (373), Sch 1[35] [36]; 2022 (517), Sch 1[19] [20]; 2025 (618), Sch 3[3]. |
Chapter 6 | Ins 2022 (248), Sch 1[1]. |
Part 6.1 | Ins 2022 (248), Sch 1[1]. |
Sec 6.1 | Ins 2022 (248), Sch 1[1]. |
Sec 6.2 | Ins 2022 (248), Sch 1[1]. |
Sec 6.3 | Ins 2022 (248), Sch 1[1]. |
Sec 6.4 | Ins 2022 (248), Sch 1[1]. |
Part 6.2 | Ins 2022 (248), Sch 1[1]. |
Sec 6.5 | Ins 2022 (248), Sch 1[1]. |
Sec 6.6 | Ins 2022 (248), Sch 1[1]. |
Sec 6.7 | Ins 2022 (248), Sch 1[1]. Am 2022 (742), Sch 1[18]–[25]. |
Part 6.3 | Ins 2022 (248), Sch 1[1]. |
Sec 6.8 | Ins 2022 (248), Sch 1[1]. |
Sec 6.9 | Ins 2022 (248), Sch 1[1]. |
Part 6.4 | Ins 2022 (248), Sch 1[1]. |
Sec 6.10 | Ins 2022 (248), Sch 1[1]. |
Sec 6.11 | Ins 2022 (248), Sch 1[1]. Am 2024 (654), Sch 1[49]. |
Sch 1, heading | Am 2022 (248), Sch 1[2]. |
Sch 1 | Am 2022 (517), Sch 1[1] [7]; 2022 (742), Sch 1[26]–[28]. |
Sch 2, heading | Am 2022 (248), Sch 1[3]. |
Sch 3, heading | Am 2022 (248), Sch 1[4]. |
Sch 4, heading | Am 2022 (248), Sch 1[5]. |
Sch 4 | Am 2022 (132), Sch 1[14]–[23]; 2022 (517), Sch 1[21]; 2022 (727), Sch 1[37]. |
Sch 4A | Ins 2024 (505), Sch 1[2]. |
Sch 5, heading | Am 2022 (248), Sch 1[6]. |
Sch 5 | Am 2022 (517), Sch 1[7]; 2022 (742), Sch 1[29] [30]; 2024 (585), Sch 1[39]–[42]; 2024 (654), Sch 1[50]. |
Sch 6, heading | Subst 2022 (248), Sch 1[7]. |
Sch 6 | Am 2022 (517), Sch 1[22]; 2023 (609), Sch 2.22[5]–[7]; 2024 (115), Sch 1[10]. |
Sch 7, heading | Subst 2022 (248), Sch 1[8]. |
Sch 7 | Am 2022 (517), Sch 1[23]; 2023 (609), Sch 2.22[8]–[10]. |
Sch 8, heading | Subst 2022 (248), Sch 1[9]; 2024 (585), Sch 1[43]. |
Sch 8 | Subst 2024 (585), Sch 1[43]. Am 2025 (352), Sch 1[6]. |
Sch 9, heading | Am 2022 (248), Sch 1[10]. |
Sch 9 | Am 2023 (83), Sch 2.6[3]; 2023 (609), Sch 2.22[11]. |
Sch 10, heading | Am 2022 (248), Sch 1[11]. |
Sch 10 | Am 2022 (373), Sch 1[37]–[51]; 2022 (517), Sch 1[7]; 2024 (609), Sch 2[3]. |
Sch 11, heading | Am 2022 (248), Sch 1[11]. |
Sch 11 | Am 2022 (373), Sch 1[4] [45] [49] [52]–[66]; 2023 (523), Sch 2.8[14]. |
Sch 12 | Ins 2022 (373), Sch 1[67]. |
Sch 12 | Rep 2021 (732), Sch 12. Ins 2022 (248), Sch 1[12]. Am 2024 (609), Sch 2[4]. |
Sch 13 | Ins 2022 (248), Sch 1[12]. Am 2024 (654), Sch 1[51]. |
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