State Environmental Planning Policy (Transport and Infrastructure) 2021

development consent under the Act, Part 4, or

an environmental impact assessment under the Act, Division 5.1, or

State significant infrastructure approval under the Act, Division 5.2, or

a certificate under the Act, Part 6.

The objective of this section is to declare development of minor impact as exempt development.

Development specified in Schedule 10 on land within the Lease Area that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

The following development is exempt development—

building alterations specified in Schedule 10, item 1(1)(a) and (b),

for bulk liquid storage tanks—change of stored liquid, where a change does not occur on premises for which no environmental protection licence issued under the Protection of the Environment Operations Act 1997 applies,

driveways,

emergency works,

fences or gates, including security boom gates,

flagpoles,

hail netting,

investigations,

landscaping,

paving,

pedestrian ramps, paths and mechanical and non-mechanical stairways,

preloading works,

reefer points,

retaining walls, not including sea walls,

for road and rail infrastructure—minor maintenance, repairs and works,

for roads—marking out,

safety or security barriers,

satellite dishes,

scaffolding,

security and monitoring cameras and other devices,

signage,

for signage—changes and maintenance and repair,

switch rooms and security booths,

temporary structures,

truck weighbridges and train weighbridges,

utilities and service facilities,

washbays,

water tanks.

Subsection (2A) does not apply unless the development—

is carried out on land in Zone IN3 Heavy Industrial, and

is on land that is outside the Lease Area within Port Kembla, and

complies with the requirements under this part, and

meets the development standards specified for the development in Schedule 10.

To be exempt development, the development—

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia or compromise the fire safety of the building or affect access to any fire exit, and

must not be development of a kind specified as designated development (other than development specified in clause 28 or 30 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000), and

if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, must involve no more than minimal impact on the heritage significance of the item or area, and

must not be a potentially hazardous industry or a potentially offensive industry within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3, and

if it is development on land containing a containment cell, must not be development that is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell, and

must not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997, and

must not be carried out on land in an area of outstanding biodiversity value within the meaning of the Biodiversity Conservation Act 2016.

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

the building has a current fire safety certificate or fire safety statement, or

no fire safety measures are currently implemented, required or proposed for the building.

To be exempt development, the development must be installed in accordance with the manufacturer’s specifications, if applicable.

A heading to an item in Schedule 10 is part of that Schedule.