Interpretation—general
2.3 Interpretation—general
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—
associated public transport facilities for a railway station, public ferry wharf or road means such of the following as are integrated or associated with the station, wharf or road—
car parks intended for use by commuters,
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),
bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),
bus layovers.
Blue Book means Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and as in force at the commencement of State Environmental Planning Policy (Infrastructure) Amendment 2018.
bus layover means a location set aside for buses to park during periods between bus journeys.
Note.
Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.
Coastal Wetlands and Littoral Rainforests Area Map has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.
consent—
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
when used in any other context, means development consent.
Note.
As a result of paragraph (a) of the definition of consent, development that this Chapter provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).
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.
consent authority has the same meaning as it has in the Act.
emergency works means works carried out in response to—
a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
accident, equipment failure or structural collapse, or
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.
environmental management works means—
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
environmental protection works.
estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.
flood liable land has the same meaning as in the Flood Risk Management Manual.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
heritage conservation area means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
infrastructure facility means development that is the subject of development controls under Part 2.3.
Lighting for Roads and Public Spaces Standard means the following Australian and New Zealand Standards—
AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,
AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,
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,
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,
AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,
AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,
AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,
AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.
local heritage item means—
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
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.
maintenance includes repair.
primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.
public authority—
has the same meaning as it has in the Act, and
in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).
railway station includes any station for a metro (within the meaning of the Transport Administration Act 1988).
site compatibility certificate means a certificate issued under section 2.19(5).
Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act.
State heritage item means an item of State heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act.
State land means—
Crown land within the meaning of the Crown Land Management Act 2016, or
any other land of the Crown or vested in a Minister on behalf of the Crown, or
land owned by a public authority other than a council.
telecommunications facility—see section 2.140.
the Act means the Environmental Planning and Assessment Act 1979.
Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
waste has the same meaning as in Schedule 3 to the Environmental Planning and Assessment Regulation 2000.
written notice includes notice by electronic mail or facsimile.
Note.
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 construction works, the following works or activities are (subject to and without limiting that provision) taken to be construction works if they are carried out for that purpose—
accessways,
temporary construction yards,
temporary lay-down areas for materials or equipment,
temporary structures,
investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),
clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping,
demolition,
relocation or removal of infrastructure,
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 routine maintenance works, the following works or activities are (subject to and without limiting that provision) taken to be routine maintenance works if they are carried out for that purpose—
routine repairs to or replacement of equipment or assets,
temporary construction yards,
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.
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