State Environmental Planning Policy (Transport and Infrastructure) 2021

Development is declared, pursuant to section 5.12 (2) of the Act, to be State significant infrastructure for the purposes of the Act if—

it is carried out on land within the Lease Area or on unzoned land under this Chapter, and

the development on that land is, by the operation of a State environmental planning policy, permissible without development consent under Part 4 of the Act, and

the development is for the purposes of port facilities or wharf or boating facilities carried out by or on behalf of a public authority, being development having an estimated development cost of more than $100 million, or for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or development that involves reclamation work.

State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this Chapter to be State significant infrastructure as if the declaration was made under State Environmental Planning Policy (State and Regional Development) 2011.

Despite subsection (2), clause 14(1) of State Environmental Planning Policy (State and Regional Development) 2011 does not apply to development specified in clause 2 of Schedule 3 to that Policy if the development is carried out on land within the Lease Area or on land that is unzoned land under this Chapter.

Clause 19 of State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this section to be State significant infrastructure in the same way it applies to development specified in Schedule 3, 4 or 5 to State Environmental Planning Policy (State and Regional Development) 2011.

This section does not apply to development specified in clause 3 of Schedule 3 to State Environmental Planning Policy (State and Regional Development) 2011.