State Environmental Planning Policy (Transport and Infrastructure) 2021

Development carried out by or on behalf of any person on land in connection with a telecommunications facility (other than exempt development under section 2.21 or 2.144) is complying development if—

it is for any of the purposes specified by Part 2 of Schedule 4, and

it meets the development standards (if any) for the development specified in Part 2 of Schedule 4, and

it complies with the requirements of this section and section 2.22.

To be complying development, the development—

must not be carried out on land located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and

in the case of development that involves the installation of equipment—must be carried out in accordance with the applicable specifications (if any) of the manufacturer for the installation of such equipment, and

in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies—must—

comply with that Code, and

be designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, and

must comply with any relevant site and height requirements specified by the Civil Aviation Regulations 1988, Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, and

must 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 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and

Despite subsection (1), development for any of the purposes specified in items 1, 2 or 3 of Part 2 of Schedule 4 is complying development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation.

Before carrying out development involving the erection of a tower or mast under this section, a person must—

give written notice of the person’s intention to carry out the development to—

if the authority is not the council of the area in which the development will be carried out—the council of the area, and

the occupiers of land adjoining the land on which the development will be carried out, and

consider all responses to the notice received within 21 days after the notice is given.