State Environmental Planning Policy (Transport and Infrastructure) 2021

Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land—

the generation or distribution of hydro-electric power using existing dam infrastructure,

routine maintenance of, or emergency works relating to, electricity generating works,

the installation of plant that—

is on the site of, and required in connection with, existing electricity generating works, and

does not increase the existing electricity generating capacity of the works by more than 2 percent.

In subsection (1)(c), existing electricity generating capacity of works includes the electricity generating capacity of the works, as changed from time to time as a result of the alteration of the works (other than solely as a result of alterations that have been carried out in reliance on that paragraph).

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.

Solar energy systems 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—

an existing infrastructure facility, or

an educational establishment within the meaning of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.