Does not include amendments by: (not commenced) Water Industry Competition Amendment (Review) Act 2014 No 57(not commenced — to commence on 7.7.2017) Statute Law (Miscellaneous Provisions) Act 2017 No 22
Note— Nothing in this Policy (except clause 9) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 3. Examples of Acts imposing such requirements include the , Fisheries Management Act 1994 , Forestry Act 2012 , Heritage Act 1977 , Mine Subsidence Compensation Act 1961 , Mining Act 1992 , National Parks and Wildlife Act 1974 , Protection of the Environment Operations Act 1997 , Roads Act 1993 and Rural Fires Act 1997 . Water Management Act 2000
(1) A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.
(1) A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 33A (2) of the Act:
(a) that the Secretary has determined under clause 1.6 of is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (b) if no such determination has been made in respect of the particular zone, that is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone. (2) An assessment made by a relevant authority under subclause (1) (b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.
Note— This clause is subject to section 36 (4) of the Act.
(1) A public authority, or a person acting on behalf of a public authority, must not carry out specified development that this Policy provides may be carried out without consent unless the authority or person has:
(a) given written notice of the intention to carry out the development to the specified authority in relation to the development, and (b) taken into consideration any response to the notice that is received from that authority within 21 days after the notice is given.
(1) This clause applies to State land unless:
(a) the land is subject to a standard local environmental plan made as provided by section 33A (2) of the Act, or (b) the land is:
(i) zoned for conservation purposes under an environmental planning instrument, or (ii) a forestry area within the meaning of the , or Forestry Act 2012 (iii) reserved under the , or National Parks and Wildlife Act 1974 (iv) reserved under the for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose. Crown Lands Act 1989 (2) If development for a particular purpose is permitted (with or without consent) on land by the zoning of that land, development for that purpose may be carried out on any adjacent State land to which this clause applies:
(a) with consent, if the development is permitted on the land with consent, or (b) without consent, if the development is permitted on the land without consent, despite the provisions of any local environmental plan that applies to that State land. Note— Development includes subdivision of land—see the definition of development in the Act.
(1) An application for a site compatibility certificate for the purpose of clause 18, 57 (3) or 63C (2) (a) may be made to the Secretary:
(a) by the owner of the land on which the development is proposed to be carried out, or (b) by any other person with the consent of the owner of that land. (2) An application under this clause:
(a) must be in writing in the form approved by the Secretary, and (b) must be accompanied by such documents and information as the Secretary may require, and (c) must be accompanied by such fee, if any, as is prescribed by the regulations. (3) The Secretary may request further documents and information to be furnished in connection with an application under this clause.
Note 1— Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act. The section states that exempt development:
(a) must be of minimal environmental impact, and (b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the or the Threatened Species Conservation Act 1995 ), and Fisheries Management Act 1994 (c) cannot be carried out in a wilderness area (identified under the ). Wilderness Act 1987
Note— The and the Protection of the Environment Operations Act 1997 contain provisions relating to noise. Protection of the Environment Operations (Noise Control) Regulation 2008 (1) General A complying development certificate for complying development under this Policy is subject to the conditions specified in this clause. Note— The regulations made under the Act contain additional conditions of a complying development certificate. (2) Conditions applying before works commence A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:
(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or (b) could cause damage to adjoining lands by falling objects, or (c) involve the enclosure of a public place or part of a public place. Note— See the entry for hoardings in Schedule 1. See also the entry for scaffolding, hoardings and temporary construction site fences in the General Exempt Development Code in . State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (3) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site. (4) Each toilet must:
(a) be a standard flushing toilet connected to a public sewer, or (b) have an on-site effluent disposal system approved under the , or Local Government Act 1993 (c) be a temporary chemical closet approved under the . Local Government Act 1993 (5) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
(1) Development for the purpose of educational establishments may be carried out by any person with consent on land in a prescribed zone. (1A), (1B)
(1) Development carried out by or on behalf of any person on land within the boundaries of an existing school or TAFE establishment is complying development if:
(a) it consists of the construction of, or alterations or additions to, any of the following:
(i) a library or an administration building, (ii) a gym, indoor sporting facility or hall, (iii) a classroom, lecture theatre, laboratory, trade or training facility, (iv) a tuckshop, cafeteria, bookshop or child care facility to provide for students or staff (or both), (v) a hall with an associated covered outdoor learning area or tuck shop, (vi) if the development is not on bush fire prone land or if the educational establishment is not, or does not contain, a heritage item—an outdoor learning or play area and associated awnings or canopies, (vii) a car park, and (b) it complies with this clause and clause 20B (General requirements for complying development).
(1)
(1) Development for the purpose of electricity generating works may be carried out by any person with consent on any land in a prescribed rural, industrial or special use zone. (2) Development for the purpose of a back-up electricity generating plant that operates for not more than 200 hours in any year may be carried out by any person with consent on any land. (2A) Development for the purpose of the expansion of existing electricity generating works may be carried out by or on behalf of a public authority with consent on any land that is adjacent to the existing works. (2B) Consent is not required to carry out any such development on land if the development could, but for subclause (2A), be carried out on that land without consent.
(1) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land:
(a) the generation or distribution of hydro-electric power using existing dam infrastructure, (b) routine maintenance of, or emergency works relating to, electricity generating works, (c) the installation of plant that:
(i) is on the site of, and required in connection with, existing electricity generating works, and (ii) does not increase the existing electricity generating capacity of the works by more than 2 percent.
(1) Small wind turbine systems Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if:
(a) it complies with clause 20 (other than clause 20 (2) (f)), and (b) the system is ground-mounted, and (c) each small wind turbine has a height of not more than 35m from ground level (existing), and (d) each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and (e) the development will result in no more than 2 small wind turbines being situated on the lot concerned, and (f) each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the ) and complies with any requirements of the network operator that relate to clearance from those works, and Electricity Supply Act 1995 (g) each small wind 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 (h) 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 systems under the Clean Energy Council’s wind endorsement scheme, and (i) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.
(1) Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority (other than the NSW Rural Fire Service) without consent in a prescribed zone. However, such development may be carried out on land reserved under the only if it is authorised by or under that Act. National Parks and Wildlife Act 1974
(1) Development for the purpose of a pipeline may be carried out by any person without consent on any land if the pipeline is subject to a licence under the or a licence or authorisation under the Pipelines Act 1967 . Gas Supply Act 1996
(1) Development for the purpose of health services facilities may be carried out by any person with consent on land in a prescribed zone.
(1) Development for the purpose of port facilities may be carried out:
(a) by or on behalf of a Port Corporation or Roads and Maritime Services without consent on land in a prescribed zone or on any other land, providing the development is directly related to an existing port facility, and (b) by or on behalf of any other public authority without consent on land in a prescribed zone. (2) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land or on unzoned land:
(a) navigation and emergency response facilities, (b) environmental management works associated with a port, wharf or boating facility.
Note— This Subdivision contains provisions requiring the notification of certain development to ARTC, Sydney Metro or RailCorp. See also clause 45.
(1) This clause applies to development (other than development to which clause 88 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on land:
(a) within or above a rail corridor, or (b) within 25m (measured horizontally) of a rail corridor, or (c) within 25m (measured horizontally) of the ground directly above an underground rail corridor.
(1) This clause applies to development that is:
(a) in the area marked “Zone A” on a rail corridors map and has a capital investment value of more than $200,000, or (b) in the area marked “Zone B” on a rail corridors map and:
(i) involves the penetration of ground to a depth of at least 2m below ground level (existing), or (ii) has a capital investment value of more than $200,000 and involves the erection of a structure that is 10 or more metres high or an increase in the height of a structure so that it is more than 10m. (2)
(1) This clause applies to land within the City of Sydney that is within the Interim Metro Corridor.
(1) This clause applies to land shown as CBD Metro Station Extent on the rail corridors map and marked “Rozelle” and land that is adjacent to that land.
(1) Consent for development for any of the following purposes on land reserved for the purposes of a classified road (but before the land is declared to be a classified road) may be granted only with the concurrence of the chief executive officer of RMS:
(a) subdivision that results in the creation of an additional lot with dwelling entitlements, (b) development with a capital investment value greater than $150,000, (c) development for the purpose of dwellings that are, or any other building that is, to be held under strata title.
(1) This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data published on the website of RMS) and that the consent authority considers is likely to be adversely affected by road noise or vibration:
(a) a building for residential use, (b) a place of public worship, (c) a hospital, (d) an educational establishment or child care centre.
(1) This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves:
(a) new premises of the relevant size or capacity, or (b) an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity.
Note— Clause 1.8 (2) of ( State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 the Codes SEPP ) provides that if the Codes SEPP and this Policy specify the same development as either exempt or complying development, the Codes SEPP does not apply to that development if:
(a) the development is carried out by a person who may carry out the development under this Policy, and (b) in the case of development for the purposes of the construction or installation of an aerial or antenna—the aerial or antenna is for use for some purpose other than:
(i) receiving television or radio signals, or (ii) in connection with community band or two-way radio (or any combination of these uses), or (iii) any combination of the uses referred to in subparagraphs (i) and (ii), and (c) in the case of development for the purposes of the construction or installation of a radio or satellite communications dish—the dish is for use for some purpose other than receiving television or radio signals (or both). Also, installation of a telecommunications facility of a kind identified as a low-impact facility in the Low-Impact Facilities Determination may be exempt from State laws under Schedule 3 to the of the Commonwealth. Telecommunications Act 1997
(1) Development for the purposes of telecommunications facilities (including radio facilities) may be carried out by a public authority without consent on any land. (2) Before a public authority undertakes the development of a tower or mast under this clause, the public authority must:
(a) give written notice of its intention to carry out the development to the council of the area in which the land is located (unless the authority is that council) and to the occupiers of any adjoining land, and (b) take into consideration any response to the notice that is received within 21 days after the notice is given, and (c) take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Secretary for the purposes of this clause and published in the Gazette. (3) Development for the purpose of co-locating telecommunications network cables on electricity or cable poles or with underground electricity or cable facilities, other than subscriber connections, may be carried out by any person without consent on any land.
(1) Development for the purpose of water reticulation systems may be carried out by or on behalf of a public authority without consent on any land. (2) Development for the purpose of water storage facilities, including development for any of the following purposes, may be carried out by or on behalf of a public authority without consent on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP1 Special Activities, Zone SP2 Infrastructure or an equivalent land use zone:
(a) catchment management works, (b) public recreational facilities associated with a water storage facility.
(1) Despite clause 129A, development for the purpose of waterway or foreshore management activities may be carried out by or on behalf of a public authority without consent on any land. (1A) To avoid doubt, subclause (1) does not permit the subdivision of any land.
(Clauses 80, 95 and 103)