Does not include amendments by: (not commenced) Water Industry Competition Amendment (Review) Act 2014 No 57
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 3.20 (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 3.28 (4) of the Act. (1) Except as provided by subclause (2), if there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency. Note— Subclause (1) does not prevent a local environmental plan from making provision about development of a kind specified in Part 3 in a particular zone if the provisions of this Policy dealing with development of that kind do not apply in that zone.
(1) A public authority, or a person acting on behalf of a public authority, must not carry out development on flood liable land that may be carried out without development consent under a relevant provision unless the authority or person has:
(a) given written notice of the intention to carry out the development (together with a scope of works) to the State Emergency Service, and (b) taken into consideration any response to the notice that is received from the State Emergency Service within 21 days after the notice is given.
(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 (together with a scope of works) 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) In this clause, prescribed State land means State land that is:
(a) not subject to a standard local environmental plan made as provided by section 3.20 (2) of the Act, and (b) not zoned for conservation purposes under an environmental planning instrument, and (c) not a forestry area within the meaning of the , and Forestry Act 2012 (d) not reserved under the , and National Parks and Wildlife Act 1974 (e) not reserved under the for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose. Crown Land Management Act 2016 (2) Development on land for a purpose that is permitted without consent by the zoning of that land may be carried out without consent on adjacent land that is prescribed State land despite any local environmental plan applying to that adjacent land. Note— This subclause and subclause (3) apply whether or not the land to which the relevant zoning applies and the adjacent State land (or former State land) are subject to the same environmental planning instruments. (3) Development on land for a purpose that is permitted with consent by the zoning of that land may be carried out with consent on adjacent land, despite any local environmental plan applying to that adjacent land, if:
(a) there is a valid site compatibility certificate applying to the development, and (b) the adjacent land was prescribed State land when the Secretary issued the certificate.
(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— Section 4.1 of the Act contains requirements applying to exempt development.
Note— Clause 1.17A of contains requirements that must be met for development to be complying development. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
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. (6) Conditions applying during works Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday. (7) Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates. (7A) If works involve the demolition of a building, demolition must be carried out in accordance with Australian Standard . AS 2601—2001 ,The demolition of structures
(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 if the development is carried out within the boundaries of an existing correctional centre:
(a) replacement of buildings, (b) alterations of, or additions to, a correctional centre, (c) demolition of buildings.
(1) Development for the purpose of electricity generating works may be carried out by any person with consent on the following land:
(a) in the case of electricity generating works comprising a building or place used for the purpose of making or generating electricity using waves, tides or aquatic thermal as the relevant fuel source—on any land, (b) in any other case—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. (2) Development for the purpose of an ambulance facility may be carried out by or on behalf of a public authority without consent on any land if the facility is a single storey building that provides parking for no more than 2 ambulances. (3) Development for any of the following purposes may be carried out by or on behalf of an emergency services organisation without consent on any land:
(a) the replacement or alteration of, or an addition to, an existing emergency services facility, (b) the restoration of an emergency services facility due to damage, (c) the demolition of an emergency services facility.
(1) Development for any of the following purposes is exempt development if the development complies with clause 20 and is consistent with the applicable bush fire management plan or the direction or agreement relating to the applicable designated fire trail:
(a) maintaining fire trails, or installing or maintaining gates and associated structures on such trails, if the development is consistent with the Fire Trail Standards and does not result in any change in the alignment of fire trails, (b) maintaining asset protection zones or installing or maintaining gates and associated structures on such zones, if the development is consistent with the NSW Rural Fire Service’s publication published on the website of the NSW Rural Fire Service and does not result in any change in the alignment of asset protection zones. Standards for Asset Protection Zones
(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 any of the following purposes is complying development if it is carried out within the boundaries of an existing health services facility, and complies with the requirements of this clause and clause 20B:
(a) a health services facility, (b) a building or place used for the training or education of health and other professionals, (c) commercial premises, providing goods or services to staff or patients of, or visitors to, a health services facility (or to staff of, or visitors to, other premises within the boundaries of a health services facility), (d) any premises to service patients or staff of, or visitors to, a health services facility (or to service staff of, or visitors to, other premises within the boundaries of a health services facility) that consist of an administration building or a car park, (e) demolition of buildings.
(1) Development for any purpose may be carried out without consent:
(a) on land reserved under the , or acquired under Part 11 of that Act, if the development is for a use authorised under that Act, or National Parks and Wildlife Act 1974 (b) on land declared under the to be a marine park or an aquatic reserve if the development is for a use authorised under that Act, or Marine Estate Management Act 2014 (c)
(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 port facilities may be carried out:
(a) by or on behalf of the Newcastle Port Corporation or Roads and Maritime Services without consent on land in a prescribed zone or (providing the development is directly related to an existing port facility) on any other land, or (b) by or on behalf of any other public authority without consent on land in a prescribed zone. (2) The following development may be carried out by or on behalf of a public authority without consent on any land:
(a) development for the purposes of navigation and emergency response facilities, (b) environmental management works associated with a port facility or a wharf or boating facility, (c) emergency works associated with a navigation and emergency response facility or a port facility. (3) Subdivision of land in the area of a port managed by the Newcastle Port Corporation, being subdivision that is required to facilitate operations at the port, may be carried out by the Newcastle Port Corporation without consent.
(1) The erection or use of a structure (within an existing port facility or public ferry wharf) that is associated with retail premises, business premises or industrial premises that are not directly related to the operation of the port or wharf may be carried out by any person with consent on land in a prescribed zone or on unzoned land.
(1) This clause applies to development that involves:
(a) a new level crossing, or (b) the conversion into a public road of a private access road across a level crossing, or (c) a likely significant increase in the total number of vehicles or the number of trucks using a level crossing as a result of the development. (2) Before determining a development application for development to which this clause applies, the consent authority must:
(a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and (b) take into consideration:
(i) any response to the notice that is received within 21 days after the notice is given, and (ii) the implications of the development for traffic safety including the costs of ensuring an appropriate level of safety, having regard to existing traffic characteristics and any likely change in traffic at level crossings as a result of the development, and (iii) the feasibility of access for the development that does not involve use of level crossings.
(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, below or above a rail corridor, or (b) within 25m (measured horizontally) of a rail corridor, or (b1) within 25m (measured horizontally) of the ground directly below 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) on the land shown as “Zone A” on a rail corridors map and has a capital investment value of more than $200,000, or (b) on the land shown as “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) (3) Before determining a development application to which this clause applies, the consent authority must give written notice of the application to the rail authority for the interim rail corridor in which the development is to be carried out ( the relevant rail authority ) within 7 days after the application is made.
(1) This clause applies to land within the City of Sydney that is within the Interim Metro Corridor.
(1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority or the Minister responsible for Crown roads (within the meaning of the ) in connection with a road or road infrastructure facilities and complies with clause 20: Roads Act 1993
(a), (b) (c) erection, installation, maintenance, reconstruction or replacement of any of the following, and any associated landscaping works:
(i) security fencing with a height above ground level (existing) of not more than 3.2m, (ii) safety barriers or systems, including Jersey barriers, (iii) directional, safety or other advisory signs relating to road works or the use of existing road infrastructure facilities, (iv) pedestrian and cyclist facilities (such as footpaths, street lighting, kerb adjustments and ramps, pedestrian fences, refuges, holding rails, and bollards), (v) slope stability works that are required for safety reasons and minor road safety improvements, (vi) minor road pavement or shoulder work (such as patching, grading, re-sheeting, sealing and re-sealing), (vii) street furniture (such as seats, bins and directional signs) and any associated kerb construction, access paths and ramps, lighting and signage that complies with and the Disability Standards, AS:1428.2 (viii) removal from or addition to existing traffic lights of items such as signal displays, loops or buttons, (ix) roadside facilities and rest areas, if the development does not involve the installation of toilets and involves no greater disturbance to the ground or vegetation than necessary, (x) street lighting, if any replacement involves the replacement of existing materials with similar materials only and if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard, (xi) pavement and road surface markings (such as bus lane markings), lane delineators, electric pavement lights, detection loops and traffic counters, (xii) kerb and guttering, (xiii) culverts, drains and other works to improve the quality or control of stormwater runoff, (xiv) public transport information display and ticketing systems, (d) repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment, replacement of screening of overhead bridges and removal of graffiti or debris, (e) emergency works to protect a road or road infrastructure facilities, the environment or the public, but only if they involve no greater disturbance to soil or vegetation than necessary, (f) upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that:
(i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (g) installation, replacement or maintenance of temporary structures (such as temporary bus stops, bus shelters or signs) that are associated with alternative transport arrangements necessitated by road works or road maintenance and that are removed as soon as practicable. (h) (1A) The construction of bus stops or bus shelters (including the construction or installation of any associated kerbs, access paths or ramps, lighting or signage) carried out by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if:
(a) the development complies with clause 20, and (b) the stops or shelters:
(i) have a height above the footpath of not more than 3.2 metres, and (ii) have only non-reflective finishes, and (iii) do not obstruct the line of sight of vehicular traffic or pedestrian traffic, and (c) the design of any associated kerbs, access paths and ramps, lighting and signage is in accordance with and the Disability Standards. AS 1428
(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 $185,000, (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 20,000 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) residential accommodation, (b) a place of public worship, (c) a hospital, (d) an educational establishment or centre-based child care facility.
(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.
(1) Development is carried out in the prescribed circumstances if the development:
(a) is carried out by or on behalf of a public authority, or (b) consists of the construction or operation of water industry infrastructure and, under the , a network operator’s licence is required before the development may be carried out. Water Industry Competition Act 2006 (2) Development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances. (2A) In any other circumstances, development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out with consent on land in a prescribed zone. (3) Development for the purpose of water recycling facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances.
(1) This clause applies to land that is part of or adjoining a lawful shooting range if the land is in any of the following land use zones or a land use zone that is equivalent to any of those zones:
(a) RU1 Primary Production, (b) RU2 Rural Landscape, (c) RU3 Forestry, (d) RU4 Primary Production Small Lots, (e) SP1 Special Activities, (f) SP2 Infrastructure, (g) RE1 Public Recreation, (h) RE2 Private Recreation, (i) E2 Environmental Conservation, (j) E3 Environmental Management.
Note— The installation of telecommunications facilities identified as low impact facilities by a determination made under clause 6 (3) of Schedule 3 to the of the Commonwealth may be exempt under that Schedule from State laws. 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 may be carried out without consent if it is carried out by or on behalf of:
(a) any public authority on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP1 Special Activities, Zone SP2 Infrastructure or an equivalent land use zone, or (b) Water NSW on land within the Sydney catchment area within the meaning of the . Water NSW Act 2014
(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.
(1) Despite any other environmental planning instrument, land owned by Roads and Maritime Services that is in or adjacent to Sydney Harbour and that is subject to a lease that was entered before the commencement of this Division may be subdivided with development consent.
(1) A complying development certificate for development referred to in clause 130 is subject to the conditions specified in this clause (in addition to the conditions set out in clause 20C).
(Clauses 80, 95 and 103)
(Clause 104)