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About this Act
TypeLegislative Instrument
Provisions590
Provisions
s 1.1Name of Policys 1.2Commencements 1.3Definitionss 1.4Transferred provisionss 2.1Aim of Chapters 2.2Land to which Chapter appliess 2.3Interpretation—generals 2.4Interpretation—references to land use zoness 2.5Interpretation—references to mapss 2.6Preconditions to carrying out certain developments 2.7Relationship to other environmental planning instrumentss 2.8Suspension of lawss 2.9Review of Policys 2.9ASavingss 2.10Consultation with councils—development with impacts on council-related infrastructure or servicess 2.11Consultation with councils—development with impacts on local heritages 2.12Consultation with councils—development with impacts on flood liable lands 2.13Consultation with State Emergency Service—development with impacts on flood liable lands 2.14Consultation with councils—development with impacts on certain land within the coastal zones 2.15Consultation with authorities other than councilss 2.16Consideration of Planning for Bush Fire Protections 2.17Exceptionss 2.18Additional uses of certain State land permitteds 2.19Site compatibility certificatess 2.20General requirements for exempt developments 2.21Exempt development carried out by public authorities for purposes in Schedule 1s 2.22General requirements for complying developments 2.23General conditions of complying development certificatess 2.24Development permitted without consents 2.25Development permitted with consents 2.26Definitionss 2.27Development permitted with consents 2.28Development permitted without consents 2.29Exempt developments 2.30Complying developments 2.31Development permitted with consents 2.32Definitionss 2.33Development permitted without consents 2.34Exempt developments 2.35Definitionss 2.36Development permitted with consents 2.37Other development permitted with consent where electricity generating works permitteds 2.38Development permitted without consents 2.39Complying developments 2.40Prohibited developments 2.41Exempt developments 2.42Determination of development applications for solar or wind electricity generating works on certain lands 2.43Definitionss 2.44Development permitted without consent—generals 2.44ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.45Notification of certain electricity substation development that may be carried out without consents 2.46Exempt developments 2.49Definitionss 2.50Division does not apply to shooting rangess 2.51Development permitted with consents 2.52Development permitted without consents 2.53Exempt developments 2.54Development on certain coastal wetlands lands 2.55Definitions 2.56Development permitted without consents 2.57Definitions 2.58Development permitted without consents 2.58ADefinitionss 2.58BDevelopment permitted without consents 2.59Definitionss 2.60Development permitted with consents 2.61Development permitted without consent—existing health services facilitiess 2.61ADevelopment permitted without consent—new health services facilitiess 2.62Notification of carrying out of certain development under section 2.61(1)s 2.62ANotification of carrying out of development under section 2.61As 2.63Exempt developments 2.63A(Repealed)s 2.64Complying developments 2.65Complying development—additional conditions 2.66Definitions 2.67Development permitted without consents 2.68Exempt developments 2.69Land to which Division appliess 2.70Exempt developments 2.70ASavings provisions 2.71Exempt developments 2.72Definitionss 2.73Development permitted without consents 2.74Exempt developments 2.75Development permitted without consents 2.76Exempt developments 2.77Determination of development applicationss 2.78Interpretations 2.79Application of Divisions 2.80Development permitted without consent—generals 2.80ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.81Development permitted with consents 2.82Exempt developments 2.83Complying developments 2.84Complying development conditions—additional conditionss 2.85Definitionss 2.86Existing buildings of the Crowns 2.87Sections 2.88 and 2.89 not applicable to police stationss 2.88Development permitted with consents 2.89Development permitted without consents 2.90Exempt developments 2.91Interpretations 2.92Development permitted without consent—rail infrastructure facilities generallys 2.93Development permitted without consent—particular rail infrastructure facilitiess 2.93ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.94Development permitted with consents 2.95Exempt development—public authoritiess 2.96Exempt developments 2.96AComplying developments 2.97Development involving access via level crossingss 2.98Development adjacent to rail corridorss 2.99Excavation in, above, below or adjacent to rail corridorss 2.100Impact of rail noise or vibration on non-rail developments 2.101-2.1032.101–2.103 (Repealed)s 2.104Definitionss 2.105Development permitted with consents 2.106Development permitted without consents 2.107Exempt developments 2.108Interpretations 2.109Development permitted without consent—generals 2.110Development permitted without consent—particular roads or road projectss 2.110ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.111Notification of carrying out of certain development under section 2.109, 2.110 or 2.110A without consents 2.112Development permitted with consents 2.113Exempt developments 2.114Complying developments 2.115Complying development certificate conditions—additional conditionss 2.116Development other than road facilities on public roadss 2.117Highway service centres in road corridorss 2.118(Repealed)s 2.119Development with frontage to classified roads 2.120Impact of road noise or vibration on non-road developments 2.121Excavation in or immediately adjacent to corridorss 2.122Traffic-generating developments 2.122A(Repealed)s 2.123Definitionss 2.124Development permitted without consent—electricity supply authorities and public authoritiess 2.124ADevelopment permitted with consent—generallys 2.124BDevelopment permitted with consent—residential premisess 2.124CDevelopment permitted with consent—buildings used for recharging or exchanging batteriess 2.124DExempt development—certain premisess 2.124EExempt development—existing electricity or lighting poless 2.124FExempt development—existing street furnitures 2.125Definitionss 2.126Development permitted with or without consents 2.126ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.127Exempt developments 2.128Definitionss 2.129Shooting ranges permissible with consents 2.130Development carried out by NSW Police Forces 2.131Exempt developments 2.132Definitions 2.133Development permitted without consents 2.134Definitions 2.135Development permitted with or without consents 2.136Interpretations 2.137Development permitted without consent—generals 2.137ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.138Development permitted with consents 2.139Exempt developments 2.140Definitionss 2.141Development permitted without consents 2.142Development permitted without consent—submarine cabless 2.143Development permitted with consents 2.144Exempt developments 2.145Complying developments 2.146Complying development certificates—additional conditionss 2.147Relationship of this Division with Telecommunications Act 1997 of Commonwealths 2.148Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010s 2.149Definitionss 2.150Development permitted without consents 2.151Development permitted with consents 2.152Definitionss 2.153Development permitted with consents 2.154Exempt developments 2.155Exempt development—disposal of drug exhibit wastes 2.156Additional permitted uses—Castlereagh Liquid Waste Disposal Depots 2.157Determination of development applicationss 2.158Definitionss 2.159Development permitted without consent—generals 2.159ADevelopment permitted without consent—coastal wetlands and littoral rainforests 2.160Development permitted without consent—desalination plantss 2.161Development permitted with consents 2.162Exempt developments 2.163Determination of development applicationss 2.164Definitions 2.165Development permitted without consents 2.165ADevelopment permitted without consent—landscape rehydration infrastructure workss 2.168Complying development—connections to Sydney and Hunter water supply and sewerages 2.169Complying development certificate—additional conditions for connections to Sydney and Hunter sewerage and water supplys 2.170Development permitted without consents 2.171Prohibited developments 2.172Application of divisions 2.173Definitionss 2.174Exempt developments 2.175Conditions of existing development consentss 2.176Complying developments 2.177Removal and pruning of trees and vegetations 2.178Heritage developments 2.179Conditions of existing development consentss 2.180Definitionss 2.181Application of divisions 2.182Development permitted without consents 2.183Exempt developments 3.1Aims of Chapters 3.2Land to which Chapter appliess 3.3Interpretations 3.4Giving written notices 3.5Preconditions to carrying out certain developments 3.6Relationship to other environmental planning instrumentss 3.7Review of Policys 3.8Consultation with councils—development with impacts on council-related infrastructure or servicess 3.9Consultation with councils—development with impacts on local heritages 3.10Notification of councils and State Emergency Service—development on flood liable lands 3.11Consideration of Planning for Bush Fire Protections 3.12Consultation with public authorities other than councilss 3.13Exceptionss 3.14Site compatibility certificatess 3.15Additional uses of certain State land permitteds 3.16General requirements for exempt developments 3.17Exempt development for Schedule 5 purposes carried out by public authorities in connection with educational establishmentss 3.18General requirements for complying developments 3.19Land on which complying development may not be carried out—bush fire prone lands 3.20Development affecting certain trees or vegetations 3.20ADevelopment affecting heritage item or heritage conservation areas 3.21General conditions of complying development certificatess 3.22(Repealed)s 3.23Centre-based child care facility—matters for consideration by consent authoritiess 3.24Centre-based child care facility in certain zones—additional matters for consideration by consent authoritiess 3.25Centre-based child care facility—floor space ratios 3.26Centre-based child care facility—non-discretionary development standardss 3.27Centre-based child care facility—development control planss 3.27ACentre-based child care facility—development permitted without consents 3.28Mobile child care—exempt developments 3.29Temporary emergency relocation of early education and child care facility—exempt developments 3.30Home-based child care—exempt developments 3.31Home-based child care—complying developments 3.32Out-of-school hours care at existing universities—complying developments 3.33Out-of-school hours care at existing TAFE establishments—complying developments 3.34Interpretations 3.35Development for purposes of campus student accommodations 3.36Schools—development permitted with consents 3.37Existing or approved government schools—development permitted without consents 3.37ANew government schools—development permitted without consents 3.38ANotification of carrying out of development under section 3.37(1)(a)(xi) and 3.37As 3.38Notification of carrying out of development under section 3.37(1)(a)(i)–(x)s 3.39Existing and approved schools—exempt developments 3.40Existing and approved schools—complying developments 3.41School-based child care—complying developments 3.42Complying development certificates—additional conditionss 3.43State significant development for the purpose of schools—application of development standards in environmental planning instrumentss 3.43ATemporary emergency relocation of government schools—exempt developments 3.44Interpretations 3.45Development for purposes of campus student accommodations 3.46Universities—development permitted with consents 3.47Universities—development permitted without consents 3.48Notification of carrying out of certain development without consents 3.49Existing universities—exempt developments 3.50Existing universities—complying developments 3.51Interpretations 3.52Development for purposes of campus student accommodations 3.53TAFE establishments—development permitted with consents 3.54TAFE establishments—development permitted without consents 3.55Notification of carrying out of certain development without consents 3.56Existing TAFE establishments—exempt developments 3.57Existing TAFE establishments—complying developments 3.58Traffic-generating developments 4.1Aims of Chapters 4.2Definitionss 4.3Land to which Chapter appliess 4.4Relationship with other environmental planning instrumentss 4.5Mapss 4.6Zone SP2 Infrastructures 4.7Development in future infrastructure corridor for previously permitted uses of lands 4.7AInterim development in future infrastructure corridorss 4.7BExempt development in future infrastructure corridorss 4.7CComplying development in future infrastructure corridorss 4.8Subdivision of land prohibiteds 4.9Excavation in, above, below or adjacent to future infrastructure corridorss 4.10Acquisition of land zoned under this Chapters 4.11Development on land within a future underground infrastructure corridors 4.12Development on land within or adjoining an infrastructure investigation areas 4.13Savingss 5.1Aims of Chapters 5.2Definitionss 5.3Land to which Chapter appliess 5.4Relationship with other environmental planning instrumentss 5.5Same developments 5.6Consent authoritys 5.7Mapss 5.8Suspension of covenants, agreements and instrumentss 5.9Savingss 5.10Land use zoness 5.11Zoning of land to which Chapter appliess 5.12Zone objectives and Land Use Tables 5.13Unzoned lands 5.14Subdivision—consent requirementss 5.15Demolition requires development consents 5.16Development by public authorities (including Port Operator)s 5.17Port Operator to be notified of certain development applicationss 5.18Prohibition on development for the purposes of container depots on certain land in Zone IN1s 5.19Business premises and office premises in Zone IN1s 5.19AOffice premises in Zone IN2s 5.19BFood and drink premises in Zone SP1s 5.20Earthworkss 5.21Additional permitted usess 5.22Exceptions to development standardss 5.23Conversion of fire alarmss 5.23ACanal estate development prohibiteds 1Objectives of zones 2Permitted without consents 3Permitted with consents 4Prohibiteds 5.24Exempt developments 5.25Complying developments 5.26Additional exempt and complying developments 5.27State significant developments 5.28State significant infrastructures 5.29Preservation of trees or vegetations 5.30Other trees or vegetations 5.31Heritage conservations 5.32Application of consultation requirementss 6.1Definitionss 6.2Land to which Chapter appliess 6.3Relationship with other environmental planning instrumentss 6.4Mapss 6.5Exempt developments 6.6Complying developments 6.7Conditions of applicable development consentss 6.8Height of buildingss 6.9Additional height for warehouse or distribution centres in “Area A”s 6.10Applications for traffic certificatess 6.11Determination of applications for traffic certificatess 1Cross City Tunnels 2Eastern Distributors 3Lane Cove Tunnels 4Liverpool—Parramatta Transitways 5North-West Sydney Transitway Networks 6Parramatta Rail Links 7Rail Clearways Programs 8Southern Sydney Freight Lines 9Sydney Airport Rail Links 10Tugun Bypasss 11Gore Hill Freeways 12Western Distributors 13Southern Cross Drives 14Cahill Expressways 15General Holmes Drives 16Hume Motorways 17M1 Pacific Motorways 18M2s 19M4s 20M5s 21M4–M5 Links 22M7s 23NorthConnexs 24Sydney Harbour Tunnels 25King Georges Road Interchanges 26Pacific Highways 1Above ground burial structuress 2Ash gardenss 3Grave markers, headstones and headstone beamss 4Demolition of buildingss 5Removal or pruning of treess 6Sheds and carportss 7At grade car parks, hardstand spaces, internal roads and pathways and pavings 8Earthworks and retaining wallss 9Fencings 10Decks, terraces and pergolass 11Landscaping and landscape structuress 12Monuments, sculptures and art workss 13Signages 14Minor internal alterations to existing buildingss 15Minor external alterations to existing buildingss 16Access and mobility structuress 17Rainwater and bore water tankss 18Infill burialss 19Above ground burial structuress 20Burial areass 21Ancillary buildingss 22External and internal alterations to existing buildingss 23Drainages 24Flood control lotss 25Earthworkss 26Garbage and wastes 27Excavated materials 28Stockpiled soils 29Burial in burial areass 1Definitionss 2Building heights 3Side and rear setbacks 4Front setbacks 5Design and materialss 6Noises 7Overshadowings 8Privacys 9Landscapes 10Wastes 11Earthworkss 12Drainages 13Flood control lotss 14Heritage developments 1Definitionss 2Building heights 3(Repealed)s 4Side and rear setbacks 5Front setbacks 6Design and materialss 7Noises 8Overshadowings 9Privacys 10Landscapes 11Wastes 12Earthworkss 13Drainages 14Bush fire prone lands 15Flood control lotss 16Heritage developments 1Responsive to contexts 2Sustainable, efficient and resilients 3Accessible and inclusives 4Healthy and safes 5Functional and comfortables 6Flexible and adaptables 7Visually appealings 1Savings provisions 2Complying development applications—bush fire prone lands 3State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021s 4State Environmental Planning Policy Amendment (National Construction Code) 2023s 5State Environmental Planning Policy Amendment (Flood Planning) 2023s 6State Environmental Planning Policy (Transport and Infrastructure) Amendment 2026s 1Building alterationss 2Bulk liquid storage tankss 2AStorage of certain “gas-free” liquefied petroleum gas storage tanks and cylinderss 3Bulk liquid storage tanks—change of stored liquids 3ABulk liquid storage tanks—change of stored liquid from Class 3 to combustibles 4Bulk liquid storage and handling facilities—fittings, fixtures, pipelines and other fixed plant, equipment and dispensing facilities—maintenance, repair and replacements 4AStorage of non-flammable non-toxic gasess 5Car parks (at-grade)s 6Demolitions 7Drivewayss 8Emergency workss 9Fences or gates (including security boom gates)s 10Flagpoless 11Fuel storage tankss 12Hail nettings 12AInvestigationss 12BHardstand area for open-air storage facilitiess 13Landscapings 14Lightings 15Liquefied petroleum gas storage tankss 15AMaintenance and repairs 16Minor works for securing, accessing or protecting wharves or vesselss 17Pavings 18Pedestrian ramps, paths and mechanical and non-mechanical stairwayss 18APreloading workss 19Movable plant and equipments 20Pollution control facilities, work health and safety measures and environmental protection workss 21Port facilities—change of uses 22Railway trackss 22AReefer pointss 23Retaining walls (not including sea walls)s 24Road and rail infrastructure—minor maintenance, repairs and workss 25Roads—marking outs 26Safety or security barrierss 27Satellite dishess 28Scaffoldings 29Security and monitoring cameras and other devicess 30Signages 31Signage—changes and maintenance and repairs 32Subdivision by Port Operator or Port Corporations 33Switch rooms and security boothss 34Temporary structuress 35Temporary uses of lands 36Truck marshalling areas 37Truck weighbridges and train weighbridgess 38Utilities and service facilitiess 39Washbayss 40Water tankss 1New port facility or wharf or boating facility buildings or alterations or additions to such buildingss 2Application of development standardss 3General standardss 4Building heightss 5Gross floor areas 6Visual amenitys 7Materials, finishes and colours 8Earthworkss 9Lightings 10Awnings or canopiess 10ABridges used for purposes other than roadss 11Bulk liquid storage tankss 12Bulk liquid storage tanks—change of stored liquid at Port Botany and Port Kembla Bulk Liquid Storage Tanks Areas 12ABulk liquid storage tanks—change of stored liquid in Mayfield Bulk Liquid Storage Tanks Areas 13Bulk liquid storage tanks—modifications to pipelines and flow ratess 13AAStorage of “liquid empty” LPG storage tanks, road tankers, storage vessels and cylinders at Port Botanys 13ABFilling and storage of LPG cylinders at Port Botanys 13ACTemporary parking of road tankers in dedicated parking areas in Mayfield Bulk Liquid Storage Tanks Areas 13AConveyor systemss 14Craness 15Demolition of certain structuress 15ADry bulk storage siloss 16Emergency services equipments 17Food and drink premisess 17ARoad and rail terminal facilitiess 18Port facilities—change of use (change of building classification or increased fire hazard level)s 18AShip loaders, unloaders and cargo handling facilitiess 18BStacker-reclaimers, stackers and reclaimerss 18CHardstand area for open-air storage facilitiess 19Retaining wallss 19AAShipping container storage and stackings 19AWharves and berthing infrastructures 19BDefinition of “final inspection”s 20General conditionss 21Further general conditionss 21ASurvey certificate required where proposed building close to lot boundarys 22Additional condition—awnings and canopiess 23Additional conditions—bridges, cranes, ship loaders, unloaders and bridges, conveyor systems, cranes, dry bulk storage silos, road and rail terminal facilities, ship loaders and unloaders, stacker-reclaimers, stackers, reclaimers, wharves and berthing infrastructures 24Additional condition—demolition of certain tanks and pipeliness 25Additional condition—emergency facilitiess 26Additional condition—retaining walls over 1ms 27Additional conditions—bulk liquid storage tankss 28Additional condition—bulk liquid storage tanks (change of stored liquid)s 29Additional conditions—bulk liquid storage tanks (modifications to pipelines and flow rates)s 29AAdditional condition—storage of “liquid empty” LPG storage tanks, road tankers, storage vessels and cylinders at Port Botanys 29BAdditional condition—filling and storage of LPG cylinders at Port Botanys 29CAdditional condition—temporary parking of road tankers in dedicated parking areas in Mayfield Bulk Liquid Storage Tanks Areas 30Additional condition—port facilities (change of use—change of building classification or increased fire hazard level)s 31Additional condition—development on land containing containment cells 32Development on land in Outer Harbour Areas 33(Renumbered as section 19AA)s 1State Environmental Planning Policy (Transport and Infrastructure) Amendment (Three Ports) 2022s 1Alterations to buildingss 2At-grade car parkss 3Change of use for freight support facilitiess 4Demolitions 5Drivewayss 6Emergency workss 7Fences or gatess 8Flagpoless 9Hail nettings 10Investigationss 11Landscapings 12Lightings 13Maintenance and repairs 14Moveable plant and equipments 15Pavings 16Pedestrian ramps, paths and mechanical and non-mechanical stairwayss 17Preloading workss 18Pollution control facilities, work health and safety measures and environmental protection workss 19Railway trackss 20Reefer pointss 21Retaining wallss 22Road and rail infrastructure—minor maintenance, repairs and workss 23Roads—marking outs 24Safety or security barrierss 25Satellite dishess 26Scaffoldings 27Security and monitoring cameras and other devicess 28Signages 29Signage—changes and maintenance and repairs 30Subdivisions 31Switch rooms and security boothss 32Temporary structuress 33Temporary uses of lands 34Truck marshalling areas 35Truck and train weighbridgess 36Utilities and service facilitiess 37Vegetation managements 38Washbayss 39Water tankss 1Freight intermodal facilities and freight support facilitiess 2Warehouse or distribution centress 3Change of use for freight support facilitiess 4Awnings or canopiess 5Bridges used for purposes other than roadss 6Conveyor systemss 7Craness 8Dry bulk storage siloss 9Emergency services equipments 10Importation and placement of fills 11Food and drink premisess 12Loaders, unloaders and cargo handling facilitiess 13Retaining wallss 14Hours of construction works 15Dust emissionss 16Earthworkss 17Development on land containing containment cells 18Survey certificate required if building close to lot boundarys 19Engineering certificate required for certain developments 20Emergency facilities