New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007

- Made under the Environmental Planning and Assessment Act 1979
- As at 26 June 2020
- Reg 641 of 2007

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY
   Note

   1.      Name of Policy
   2.      Aim of Policy
   3.      Commencement of Policy
   4.      Land to which Policy applies
   5.      Interpretation--general
   6.      Interpretation--references to equivalent land use zones
   7.      Interpretation--references to maps
   7A.     Preconditions to carrying out certain development
   8.      Relationship to other environmental planning instruments
   9.      Suspension of laws
   10.     (Repealed)
   11.     Savings provisions
   12.     Review of Policy

   PART 2 - GENERAL

           Division 1 - Consultation

   13.     Consultation with councils--development with impacts on council-related infrastructure or services
   14.     Consultation with councils--development with impacts on local heritage
   15.     Consultation with councils--development with impacts on flood liable land
   15AA.   Consultation with State Emergency Service--development with impacts on flood liable land
   15A.    Consultation with councils--development with impacts on certain land within the coastal zone
   16.     Consultation with public authorities other than councils
   17.     Exceptions

           Division 2 - Additional uses of State land
           Note

   18.     Additional uses of certain State land permitted

           Division 3 - Site compatibility certificates

   19.     Site compatibility certificates

           Division 4 - Exempt development
           Note
           Note

   20.     General requirements for exempt development
   20A.    Exempt development carried out by public authorities for purposes in Schedule 1

           Division 5 - Complying development
           Note

   20B.    General requirements for complying development
   20C.    General conditions of complying development certificates

   PART 3 - DEVELOPMENT CONTROLS

           Division 1 - Air transport facilities

   21.     (Repealed)
   22.     Development permitted without consent
   23.     Development permitted with consent

           Division 2 - Correctional centres and correctional complexes

   24.     Definitions
   25.     Development permitted with consent
   26.     Development permitted without consent
   26A.    Exempt development
   26B.    Complying development

           Division 3 - Data storage

   27.     Development permitted with consent
           28-32. (Repealed)

           Division 4 - Electricity generating works or solar energy systems

   33.     Definitions
   34.     Development permitted with consent
   35.     Other development permitted with consent where electricity generating works permitted
   36.     Development permitted without consent
   37.     Complying development
   38.     Prohibited development
   39.     Exempt development

           Division 5 - Electricity transmission or distribution

              Subdivision 1 - Electricity transmission or distribution networks

   40.     Definitions
   41.     Development permitted without consent
   42.     Notification of certain electricity substation development that may be carried out without consent
   43.     Exempt development

              Subdivision 2 - Development likely to affect an electricity transmission or distribution network

   44.     Excavation--corridors in City of Sydney
   45.     Determination of development applications--other development

           Division 6 - Emergency services facilities and bush fire hazard reduction

   46.     Definitions
   46A.    Division does not apply to shooting ranges
   47.     Development permitted with consent
   48.     Development permitted without consent
   48A.    Exempt development
   48B.    Development on certain coastal wetlands land

           Division 7 - Flood mitigation work

   49.     Definition
   50.     Development permitted without consent

           Division 8 - Forestry
           Note

   51.     Definition
   52.     Development permitted without consent

           Division 9 - (Renumbered)

           Division 10 - Health services facilities

   56.     Definitions
   57.     Development permitted with consent
   58.     Development permitted without consent
   58A.    Notification of carrying out of certain development without consent
   58B.    Exempt development
   58C.    Complying development

           Division 10A - Operational land

   58D.    Definition
   58E.    Development permitted without consent
   58F.    Exempt development

           Division 11 - Public authority precincts

   58G.    Land to which Division applies
   58H.    Exempt development

           Division 11A - Certain development at the Sydney Cricket Ground

   58I.    Exempt development
           59-63F. (Repealed)

           Division 12 - Parks and other public reserves

   64.     Definitions
   65.     Development permitted without consent
   66.     Exempt development

           Division 12A - Pipelines and pipeline corridors

              Subdivision 1 - Pipelines

   66A.    Development permitted without consent
   66B.    Exempt development

              Subdivision 2 - Development adjacent to pipeline corridors

   66C.    Determination of development applications

           Division 13 - Port, wharf or boating facilities

   67.     Definitions
   67A.    Application of Division
   68.     Development permitted without consent
   69.     Development permitted with consent
   70.     Exempt development
   71.     Complying development
   72.     Complying development conditions--additional conditions
   73.     (Repealed)

           Division 14 - Public administration buildings and buildings of the Crown

   74.     Definitions
   75.     Existing buildings of the Crown
   75A.    Clauses 76 and 77 not applicable to police stations
   76.     Development permitted with consent
   77.     Development permitted without consent
   77A.    Exempt development

           Division 15 - Railways

              Subdivision 1 - Railways and rail infrastructure facilities

   78.     Definitions
   79.     Development permitted without consent--rail infrastructure facilities generally
   80.     Development permitted without consent--particular rail infrastructure facilities
   81.     Development permitted with consent
   82.     Exempt development--public authorities
   82A.    Exempt development--any persons
   83.     (Repealed)

              Subdivision 2 - Development in or adjacent to rail corridors and interim rail corridors--notification and other requirements

   84.     Development involving access via level crossings
   85.     Development adjacent to rail corridors
   86.     Excavation in, above, below or adjacent to rail corridors
   87.     Impact of rail noise or vibration on non-rail development
   88.     Development within or adjacent to interim rail corridor
   88A.    Major development within Interim Metro Corridor
   88B.    Development near proposed metro stations
           88C, 89. (Repealed)

           Division 16 - Research and monitoring stations

   90.     Definitions
   91.     Development permitted with consent
   92.     Development permitted without consent
   92A.    Exempt development

           Division 17 - Roads and traffic

              Subdivision 1 - Roads and road infrastructure facilities

   93.     Definitions
   94.     Development permitted without consent--general
   95.     Development permitted without consent--particular roads or road projects
   95A.    Notification of carrying out of certain development under clause 94 or 95 without consent
   96.     Development permitted with consent
   97.     Exempt development
   97A.    Complying development
   97B.    Complying development certificate conditions--additional conditions

              Subdivision 2 - Development in or adjacent to road corridors and road reservations

   98.     Development other than road facilities on public roads
   99.     Highway service centres in road corridors
   100.    Development on proposed classified road
   101.    Development with frontage to classified road
   102.    Impact of road noise or vibration on non-road development
   103.    Excavation in or immediately adjacent to corridors
   104.    Traffic-generating development

              Subdivision 3 - Facilities for electric vehicles

   104A.   Premises used for recharging or exchanging batteries
   104B.   Exempt development

           Division 18 - Sewerage systems

   105.    Definitions
   106.    Development permitted with or without consent
   107.    Exempt development

           Division 18A - Shooting ranges

   107A.   Definitions
   107B.   Shooting ranges permissible with consent
   107C.   Development carried out by NSW Police Force
   107D.   Exempt development

           Division 19 - Soil conservation works

   108.    Definition
   109.    Development permitted without consent

           Division 19A - State sport and recreation centres

   109A.   Definition
   109B.   Development permitted with or without consent

           Division 20 - Stormwater management systems

   110.    Definition
   111.    Development permitted without consent
   111A.   Development permitted with consent
   112.    Exempt development

           Division 21 - Telecommunications and other communication facilities
           Note

   113.    Definitions
   114.    Development permitted without consent
   114A.   Development permitted without consent--submarine cables
   115.    Development permitted with consent
   116.    Exempt development
   116A.   Complying development
   116B.   Complying development certificates--additional conditions
   116C.   Relationship of this Division with Telecommunications Act 1997 of Commonwealth
   116D.   Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010

           Division 22 - Travelling stock reserves

   117.    Definitions
   118.    Development permitted without consent
   119.    Development permitted with consent

           Division 23 - Waste or resource management facilities

   120.    Definitions
   121.    Development permitted with consent
   121AA.  Exempt development
   121A.   Exempt development--disposal of drug exhibit waste
   122.    Additional permitted uses--Castlereagh Liquid Waste Disposal Depot
   123.    Determination of development applications

           Division 24 - Water supply systems

   124.    Definitions
   125.    Development permitted without consent
   126.    Development permitted without consent--desalination plants
   126A.   Development permitted with consent
   127.    Exempt development

           Division 25 - Waterway or foreshore management activities

   128.    Definition
   129.    Development permitted without consent
   129A.   (Repealed)

           Division 25A - Subdivision of Sydney Harbour and adjacent land

   129B.   Consent authority
   129C.   Subdivision of land permitted with consent

           Division 26 - Special provisions

   130.    Complying development--connections to Sydney and Hunter water supply and sewerage
   131.    Complying development certificate--additional conditions for connections to Sydney and Hunter sewerage and water supply
   132.    Dog-proof fences in Western Division of State
           SCHEDULE 1
           Schedule 1A (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           Schedule 4 (Repealed)
           SCHEDULE 5