Complying development
2.39 Complying development
Small wind turbine systems Development for the purpose of a small wind turbine system is complying development on any land if—
the development complies with section 2.22, and
the land is not in a heritage conservation area, and
the system is installed no less than—
25 metres—in the case of a system that has a source sound power level of 0–70 dB(A), or
40 metres—in the case of a system that has a source sound power level of 71–80 dB(A), or
126 metres—in the case of a system that has a source sound power level of 81–90 dB(A), or
200 metres—in the case of a system that has a source sound power level of more than 91 dB(A), or
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
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
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
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
in the case of land in a prescribed residential zone—
the system has the capacity to generate no more than 10kW, and
if the system is ground-mounted—
the development will result in no more than one small wind turbine being situated on the lot concerned, and
the small wind turbine has a height of not more than 18m above ground level (existing), and
the small wind turbine is not installed forward of any existing building line on the lot concerned that faces a primary road, and
if the system is not ground-mounted—
the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
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
each small wind turbine is not attached to a wall or roof facing a primary road, and
in the case of land in a prescribed non-residential zone—
the system has the capacity to generate no more than 100kW, and
if the system is ground-mounted—
the development will result in no more than 3 small wind turbines being situated on the lot concerned, and
each small wind turbine has a height of not more than 35m above ground level (existing), and
if the system is not ground-mounted—
the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
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
in the case of land in any land use zone other than a land use zone referred to in paragraph (g) or (h)—
the system has the capacity to generate no more than 100kW, and
if the system is ground-mounted—
the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
each small wind turbine has a height of not more than 26m above ground level (existing), and
if the system is not ground-mounted—
the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
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).
Solar energy systems Development for the purpose of a solar energy system is complying development on any land if—
the development complies with section 2.22, and
the land is not in a heritage conservation area, and
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 Solar Accreditation Australia, ABN 51 666 008 368, for the installation of photovoltaic electricity generating systems, and
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
in the case of a system that is ground-mounted—
the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m2, and
the system has a height of not more than 10m above ground level (existing), and
the system is installed no less than 10m from any adjoining property boundary, and
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
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
in the case of a system that is not ground-mounted—
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.
the system does not involve mirrors or lenses to reflect or concentrate sunlight, and
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
if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—
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
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
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.
Stand-alone power systems Development for the purposes of a stand-alone power system on land in a prescribed non-residential zone is complying development if—
the development complies with section 2.22, and
if the development is carried out on land in a heritage conservation area—the stand-alone power system is not visible from the street at ground level at the property boundary, and
the stand-alone power system is installed in accordance with the manufacturer’s specifications, and
the stand-alone power system complies with the following standards, as relevant to each component of the system—
AS/NZS 4509.1:2009, Stand-alone power systems, Part 1:Safety and installation,
AS/NZS 4777.1:2024, Grid connection of energy systems via inverters, Part 1: Installation Requirements,
AS/NZS 4777.2:2020, Grid connection of energy systems via inverters, Part 2: Inverter Requirements,
AS/NZS 3000:2018, Electrical installations (known as the Australian/New Zealand Wiring Rules),
AS/NZS 5139:2019, Electrical installations — Safety of battery systems for use with power conversion equipment,
AS/NZS 5033:2021, Installation and safety requirements for photovoltaic (PV) arrays,
AS 60529:2025, Degrees of protection provided by enclosures (IP Code),
AS/NZS 3010:2017, Electrical installations — Generating sets, and
if a solar energy system is part of the stand-alone power system—
the solar energy system is installed—
in accordance with specifications approved by Solar Accreditation Australia, ABN 51 666 008 368, and
by a person accredited by Solar Accreditation Australia, ABN 51 666 008 368, for an accreditation scheme for the installation of solar energy systems, and
the solar energy system complies with the standards specified in subsection (2)(e) and (f), and
if a generator is part of the stand-alone power system—
the generator and any fuel must be installed within a separate room that is sealed from any solar battery system or battery inverter, and
the generator must not use any hydrogen or metal hydride-based fuels, and
if a solar battery system is part of the stand-alone power system—the battery is installed—
in accordance with specifications approved by the Clean Energy Council, and
by a person accredited by Solar Accreditation Australia, ABN 51 666 008 368, for the installation of battery systems.
To avoid doubt, a solar energy system that is part of a stand-alone power system is not required to comply with the standards specified in subsection (2)(b)–(d).
Solar battery systems Development for the purposes of a solar battery system is complying development if—
the development complies with section 2.22, and
the system is installed—
in accordance with the manufacturer’s specifications, and
in accordance with specifications approved by the Clean Energy Council, and
by a person accredited by Solar Accreditation Australia, ABN 51 666 008 368, for the installation of battery systems, and
the system complies with AS/NZS 5139:2019, Electrical installations—Safety of battery systems for use with power conversion equipment, and
the maximum kWh storage capacity of all solar battery systems installed on the site—
if the system is installed on land in a prescribed residential zone—does not exceed 100kWh, and
otherwise—does not exceed 200kWh, and
for development on land containing a heritage item or within a heritage conservation area—the system is not visible from any road at ground level at the property boundary.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, section 1.17A(1)(d) does not apply to development for the purposes of a solar battery system on land in a heritage conservation area or land containing a heritage item.
For the purposes of subsection (1)(c), a source sound power level is a level that is measured at a wind speed of no less than 8 metres per second and in accordance with the International Standard IEC 61400—11Noise Measurement.
In this subsection—
stand-alone power system has the same meaning as in the National Electricity (NSW) Law, section 6B.
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