Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
BRAD HAZZARD, MPMinister for Planning and Infrastructure
Part 1 Preliminary
1 Name of Policy
This Policy is State Environmental Planning Policy (State and Regional Development) 2011.
2 Commencement
This Policy commences on the date Part 3A of the Act is repealed (on the commencement of Schedule 1.1 to the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011) and is required to be published on the NSW legislation website.
3 Aims of Policy
The aims of this Policy are as follows:(a) to identify development that is State significant development,(b) to identify development that is State significant infrastructure and critical State significant infrastructure,(c) to confer functions on joint regional planning panels to determine development applications.
4 Definitions
(1) In this Policy:capital investment value has the same meaning as in the Environmental Planning and Assessment Regulation 2000.environmentally sensitive area of State significance means:(a) coastal waters of the State, or(b) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or(d) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or(e) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or(f) land identified in an environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or(g) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or(h) land, places, buildings or structures listed on the State Heritage Register under the Heritage Act 1977, or(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.port facilities includes any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,(c) wharves for commercial fishing operations,(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,(e) sea walls or training walls,(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.regional panel means a joint regional planning panel.sensitive coastal location has the same meaning as it has in Schedule 4A to the Act.State Significant Development Sites Map means the State Environmental Planning Policy (State and Regional Development) 2011—State Significant Development Sites Map.the Act means the Environmental Planning and Assessment Act 1979.(2) Words and expressions used in this Policy have (in relation to State significant infrastructure) the same meaning as they have in Part 5.1 of the Act.(3) Words and expressions used in this Policy have (subject to this clause) the same meaning as they have in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.(4) Notes included in this Policy do not form part of this Policy.
5 Maps
(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.Note—The maps adopted by this Policy are to be made available on the official NSW legislation website in connection with this Policy.
6 Land to which Policy applies
This Policy applies to the State.
7 Relationship to other environmental planning instruments
Subject to section 74 (1) of the Act, in the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
Part 2 State significant development
8 Declaration of State significant development: section 89C
(1) Development is declared to be State significant development for the purposes of the Act if:(a) the development on the land concerned is, by the operation of an environmental planning instrument, not permissible without development consent under Part 4 of the Act, and(b) the development is specified in Schedule 1 or 2.(2) If a single proposed development the subject of one development application comprises development that is only partly State significant development declared under subclause (1), the remainder of the development is also declared to be State significant development (except so much of the remainder of the development as the Director-General determines is not sufficiently related to the State significant development).(3) This clause does not apply to development that was the subject of a certificate in force under clause 6C of State Environmental Planning Policy (Major Development) 2005 immediately before the commencement of this Policy.Note—Development does not require consent under Part 4 of the Act merely because it is declared to be State significant development under this clause. Any such development that, under an environmental planning instrument, is permitted without consent may be an activity subject to Part 5 of the Act or State significant infrastructure subject to Part 5.1 of the Act. Any such development that is permitted without consent may become State significant development requiring consent if it is part of a single proposed development that includes other development that is State significant development requiring consent (see section 89E (4) of the Act and subclause (2)).
9 Exclusion of certain complying development
If, but for this clause:(a) particular development would be State significant development, and(b) a provision of an environmental planning instrument (whether made before or after this Policy takes effect) provides that the particular development is complying development, andthe particular development is not State significant development.(c) the particular development is not carried out as part of other development that is State significant development,
10 Subdivision certificates for State significant development
A subdivision certificate may be issued by an accredited certifier for a subdivision that is State significant development in accordance with section 109D (1) (d) (iv) of the Act.
11 Exclusion of application of development control plans
Development control plans (whether made before or after the commencement of this Policy) do not apply to:(a) State significant development, or(b) development for which a relevant council is the consent authority under section 89D (2) of the Act.
12 Staged development applications
If:(a) development is specified in Schedule 1 or 2 to this Policy by reference to a minimum capital investment value, other minimum size or other aspect of the development, andany part of the development that is the subject of a separate development application is development specified in the relevant Schedule (whether or not that part of the development exceeds the minimum value or size or other aspect specified in the Schedule for such development).(b) development the subject of a staged development application under Part 4 of the Act is development so specified,
13 Extension of Part to State significant development under call-in power
Clauses 9–11 extend to State significant development declared under section 89C (3) of the Act.
Part 3 State significant infrastructure
14 Declaration of State significant infrastructure: section 115U (2)
(1) Development is declared, pursuant to section 115U (2) of the Act, to be State significant infrastructure for the purposes of the Act if:(a) the development on the land concerned is, by the operation of a State environmental planning policy, permissible without development consent under Part 4 of the Act, and(b) the development is specified in Schedule 3.Note—State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Major Development) 2005 are among the environmental planning instruments under which particular development may be carried out without development consent.(2) If a single proposed development comprises development that is only partly State significant infrastructure declared under subclause (1), the remainder of the development (except so much of the remainder of the development as is State significant development or as the Director-General determines is not sufficiently related to the State significant infrastructure):(a) may be carried out without development consent under Part 4 of the Act, and(b) is also declared to be State significant infrastructure for the purposes of the Act.Note—See clause 191 (2) of the Environmental Planning and Assessment Regulation 2000 which declares the remainder of the development to be infrastructure if it is not otherwise infrastructure within the meaning of Part 5.1 of the Act.
15 Declaration of State significant infrastructure: section 115U (4)
Development specified in Schedule 4 is declared, pursuant to section 115U (4) of the Act, to be State significant infrastructure for the purposes of the Act.
16 Declaration of development as critical State significant infrastructure: section 115V
Development specified in Schedule 5:(a) may be carried out without development consent under Part 4 of the Act, and(b) is declared to be State significant infrastructure for the purposes of the Act if it is not otherwise so declared, and(c) is declared to be critical State significant infrastructure for the purposes of the Act.
17 Exclusion of certain exempt development
If, but for this clause:(a) particular development would be State significant infrastructure, and(b) a provision of an environmental planning instrument (whether made before or after this Policy takes effect) provides that the particular development is exempt development, andthe particular development is not State significant infrastructure.(c) the particular development is not carried out as part of other development that is State significant infrastructure,
18 Subdivision certificates for State significant infrastructure
A subdivision certificate may be issued by an accredited certifier for a subdivision that is State significant infrastructure in accordance with section 109D (1) (d) (iv) of the Act.
19 Staged infrastructure applications
If:(a) development is specified in Schedule 3, 4 or 5 to this Policy by reference to a minimum capital investment value, other minimum size or other aspect of the development, andany part of the development that is the subject of a separate application for approval under Part 5.1 of the Act is development specified in the relevant Schedule (whether or not that part of the development exceeds the minimum value, size or other aspect specified in the Schedule for such development).(b) development the subject of a staged infrastructure application under Part 5.1 of the Act is development so specified,
Part 4 Regional development
20 Development to which Part applies
This Part applies to development of a class or description included in Schedule 4A to the Act.
21 Council consent functions to be exercised by regional panels
(1) A regional panel for a part of the State may exercise the following consent authority functions of the council or councils for that part of the State for development to which this Part applies:(a) the determination of development applications, and applications for the modification of development consents previously granted by the panel, in accordance with Part 4 of the Act,(b) without limiting paragraph (a), the functions of a consent authority under Divisions 2 and 2A of Part 4 of the Act and sections 89A, 93I, 94, 94A, 94B, 94C, 94CA, 94EF, 94F, 95 (2), 96 (2) and 96AA of the Act.(2) However, the following functions of a council as a consent authority are not conferred by this clause on a regional panel:(a) the functions conferred by section 79B of the Act (other than section 79B (9)),(b) the functions conferred by section 80A (7)–(10) of the Act,(c) the functions conferred by section 82B of the Act,(d) the functions conferred by sections 94 (5) and 94EF (5) of the Act,(e) the receipt and assessment of development applications,(f) the determination and receipt of fees for development applications,(g) notification of determination of development applications,(h) the functions conferred by section 95A of the Act,(i) the determination of applications for modification of consents on the ground of a minor error, misdescription or miscalculation under section 96 (1) of the Act,(j) the functions conferred by section 96 (1A) of the Act,(k) the functions conferred by section 96AA of the Act, if the original development application was not determined by a regional panel.(3) The council remains the consent authority for development to which this Part applies, subject to the exercise by regional panels of functions conferred on them by this clause.Note—The Environmental Planning and Assessment Regulation 2000 also provides that a regional panel is taken not to be the council for specified provisions of the Environmental Planning and Assessment Act 1979.
22 Staged development functions for development exceeding minimum capital investment values
If:(a) development of a class or description included in Schedule 4A to the Act is described in that Schedule by reference to a minimum capital investment value, other minimum size or other aspect, and(b) development the subject of a staged development application under Part 4 of the Act is development so specified, andthe functions of a council conferred on the regional panel under this Part extend to the determination of the separate development application.(c) the relevant regional panel is satisfied that development the subject of a separate development application forming part of the staged development application is part of a single proposed development so specified,
Part 5 Miscellaneous
23 Transitional provisions—existing development applications when development identified as State significant development
Despite any other provision of this Policy, development identified by this Policy as State significant development is not State significant development if:(a) the development is the subject of a development application that was made, but not determined, before the development was so identified, and(b) the consent authority for that development application was a council.
24 Transitional provisions—certain other existing development applications
(1) The Minister continues to be the consent authority for a development application for development referred to in Schedule 6 to State Environmental Planning Policy (Major Development) 2005 (as in force immediately before the amendment of that Schedule by this Policy) if the development application was made, but not determined by the Minister, before the commencement of this Policy.(2) Part 4 of this Policy does not apply to development included in clause 10 of Schedule 4A to the Act if it is the subject of a development application made before the commencement of this Policy.(3) This clause is subject to Schedule 6A to the Act.
25 Transitional provision—references to former regional panel provisions
A reference in an environmental planning instrument, an instrument made under an environmental planning instrument or any other administrative instrument made under the Act to a provision of Part 3 of the State Environmental Planning Policy (Major Development) 2005, as in force before the commencement of this Policy, is taken to be a reference to the corresponding provision of this Policy.
Schedule 1 State significant development—general
(Clause 8 (1))
1 Intensive livestock agriculture
Development for the purpose of intensive livestock agriculture that has a capital investment value of more than $30 million.
2 Aquaculture
(1) Development for the purpose of aquaculture that has a capital investment value of more than $30 million.(2) Development for the purpose of aquaculture located in an environmentally sensitive area of State significance.(3) This clause does not apply to development for the purpose of oyster aquaculture.Note—Subclause (3) is affected by clause 19 of State Environmental Planning Policy No 62—Sustainable Aquaculture, which relates to applications under the Act with respect to oyster aquaculture that were made but not finally determined prior to 1 August 2005.
3 Agricultural produce industries and food and beverage processing
Development that has a capital investment value of more than $30 million for any of the following purposes:(a) abattoirs or meat packing, boning or products plants, milk or butter factories, fish packing, processing, canning or marketing facilities, animal or pet feed production, gelatine plants, tanneries, wool scouring or topping or rendering plants,(b) cotton gins, cotton seed mills, sugar mills, sugar refineries, grain mills or silo complexes, edible or essential oils processing, breweries, distilleries, ethanol plants, soft drink manufacture, fruit juice works, canning or bottling works, bakeries, small goods manufacture, cereal processing, margarine manufacturing or wineries,(c) organic fertiliser plants or composting facilities or works.
4 Timber milling, timber processing, paper and pulp processing
Development that has a capital investment value of more than $30 million for any of the following purposes:(a) milling plants, sawmills, log processing works, wood-chipping or particle board manufacture,(b) manufacture of paper, pulp, cardboard or newsprint,(c) paper recycling,(d) wood preservation,but not including development for the purpose of plantations (unless it is ancillary to other development specified in this clause).(e) charcoal plants,
5 Mining
(1) Development for the purpose of mining that:(a) is coal or mineral sands mining, or(b) is in an environmentally sensitive area of State significance, or(c) has a capital investment value of more than $30 million.(2) Extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.(3) Development for the purpose of mining related works (including primary processing plants or facilities for storage, loading or transporting any mineral, ore or waste material) that:(a) is ancillary to or an extension of another State significant development project, or(b) has a capital investment value of more than $30 million.(4) Development for the purpose of underground coal gasification.
6 Petroleum (oil and gas)
(1) Development for the purpose of petroleum production.(2) Development for the purpose of drilling or operating petroleum exploration wells, not including:(a) stratigraphic boreholes, or(b) monitoring wells, or(c) a set of 5 or fewer wells that is more than 3 kilometres from any other petroleum well (other than an abandoned petroleum well) in the same petroleum title.(3) Development for the purpose of drilling or operating petroleum exploration wells (not including stratigraphic boreholes or monitoring wells) that is carried out in an environmentally sensitive area of State significance.(4) Development for the purpose of petroleum related works (including pipelines and processing plants) that:(a) is ancillary to or an extension of another State significant development project, or(b) has a capital investment value of more than $30 million.(5) In this clause, petroleum production has the same meaning as it has in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
7 Extractive industries
(1) Development for the purpose of extractive industry that:(a) extracts more than 500,000 tonnes of extractive materials per year, or(b) extracts from a total resource (the subject of the development application) of more than 5 million tonnes, or(c) extracts from an environmentally sensitive area of State significance.(2) Subclause (1) (c) does not apply to extraction:(a) by a public authority in maintenance dredging of a tidal waterway, or(b) in maintenance dredging of oyster lease areas, or adjacent areas, in Wallis Lake.(3) Development for the purpose of extractive industry related works (including processing plants, water management systems, or facilities for storage, loading or transporting any construction material or waste material) that:(a) is ancillary to or an extension of another State significant development project, or(b) has a capital investment value of more than $30 million.(4) This clause does not apply to development for the purpose of extractive industry or extractive industry related works that is part of a single proposed development if any other part of the development is State significant infrastructure.
8 Geosequestration
(1) Development for the purpose of injection and geological storage of greenhouse gases.(2) Development for the purpose of drilling or operating greenhouse gas geological exploration wells (not including stratigraphic boreholes or monitoring wells).
9 Metal, mineral and extractive material processing
Development that has a capital investment value of more than $30 million for any of the following purposes:(a) metal or mineral refining or smelting, metal founding, rolling, drawing, extruding, coating, fabricating or manufacturing works or metal or mineral recycling or recovery,(b) brickworks, ceramic works, silicon or glassworks or tile manufacture,(c) cement works, concrete or bitumen pre-mix industries or related products,(d) building or construction materials recycling or recovery.
10 Chemical, manufacturing and related industries
(1) Development that has a capital investment value of more than $30 million for the purpose of the manufacture or reprocessing of the following (not including labelling or packaging):(a) soap, detergent or cleaning agents,(b) paints, ink, dyes, adhesives, solvents,(c) pesticides or inorganic fertiliser,(d) pharmaceuticals or veterinary products,(e) ammunition or explosives,(f) oils, fuels, gas, petrochemicals or precursors,(g) polymers, plastics, rubber or tyres,(h) batteries or carbon black.(2) Development with a capital investment value of more than $30 million for any of the following purposes:(a) liquid fuel depots,(b) gas storage facilities,(c) chemical storage facilities.(3) Development for the purpose of the manufacture, storage or use of dangerous goods in such quantities that constitute the development as a major hazard facility within the meaning of Chapter 6B of the Occupational Health and Safety Regulation 2001.
11 Other manufacturing industries
Development that has a capital investment value of more than $30 million for any of the following purposes:(a) laboratory, research or development facilities,(b) medical products manufacturing,(c) printing or publishing,(d) textile, clothing, footwear or leather manufacturing,(e) furniture manufacturing,(f) machinery or equipment manufacturing,(g) the vehicle, defence or aerospace industry,(h) vessel or boat building and repair facilities (not including marinas).
12 Warehouses or distribution centres
(1) Development that has a capital investment value of more than $50 million for the purpose of warehouses or distribution centres (including container storage facilities) at one location and related to the same operation.(2) This clause does not apply to development for the purposes of warehouses or distribution centres to which clause 18 or 19 applies.
13 Cultural, recreation and tourist facilities
(1) Development that has a capital investment value of more than $30 million for any of the following purposes:(a) film production, the television industry or digital or recorded media,(b) convention centres and exhibition centres,(c) entertainment facilities,(d) information and education facilities, including museums and art galleries,(e) recreation facilities (major),(f) zoos, including animal enclosures, administration and maintenance buildings, and associated facilities.(2) Development for other tourist related purposes (but not including any commercial premises, residential accommodation and serviced apartments whether separate or ancillary to the tourist related component) that:(a) has a capital investment value of more than $100 million, or(b) has a capital investment value of more than $10 million and is located in an environmentally sensitive area of State significance or a sensitive coastal location.
14 Hospitals, medical centres and health research facilities
Development that has a capital investment value of more than $30 million for any of the following purposes:(a) hospitals,(b) medical centres,(c) health, medical or related research facilities (which may also be associated with the facilities or research activities of a NSW local health district board, a University or an independent medical research institute).
15 Educational establishments
Development for the purpose of educational establishments (including associated research facilities) that has a capital investment value of more than $30 million.
16 Correctional centres
Development for the purpose of correctional centres that has a capital investment value of more than $30 million.
17 Air transport facilities
Development for the purpose of air transport facilities that has a capital investment value of more than $30 million.
18 Port facilities and wharf or boating facilities
Development for the purpose of port facilities or wharf or boating facilities (not including marinas) that has a capital investment value of more than $30 million.
19 Rail and related transport facilities
(1) Development that has a capital investment value of more than $30 million for any of the following purposes:(a) heavy railway lines associated with mining, extractive industries or other industry,(b) railway freight terminals, sidings and inter-modal facilities.(2) Development within a rail corridor or associated with railway infrastructure that has a capital investment value of more than $30 million for any of the following purposes:(a) commercial premises or residential accommodation,(b) container packing, storage or examination facilities,(c) public transport interchanges.
20 Electricity generating works and heat or co-generation
Development for the purpose of electricity generating works or heat or their co-generation (using any energy source, including gas, coal, biofuel, distillate, waste, hydro, wave, solar or wind power) that:(a) has a capital investment value of more than $30 million, or(b) has a capital investment value of more than $10 million and is located in an environmentally sensitive area of State significance.
21 Water storage or water treatment facilities
(1) Development for the purpose of water storage or water treatment facilities (not including desalination plants) that has a capital investment value of more than $30 million.(2) Development for the purpose of desalination plants that has a capital investment value of more than $10 million.
22 Sewerage systems
Development for the purpose of sewerage systems that:(a) handles more than 10,000 EP (equivalent population), or(b) has a capital investment value of more than $30 million, or(c) has a capital investment value of more than $10 million and is located in an environmentally sensitive area of State significance.
23 Waste and resource management facilities
(1) Development for the purpose of regional putrescible landfills or an extension to a regional putrescible landfill that:(a) has a capacity to receive more than 75,000 tonnes per year of putrescible waste, or(b) has a capacity to receive more than 650,000 tonnes of putrescible waste over the life of the site, or(c) is located in an environmentally sensitive area of State significance.(2) Development for the purpose of waste or resource transfer stations in metropolitan areas of the Sydney region that handle more than 100,000 tonnes per year of waste.(3) Development for the purpose of resource recovery or recycling facilities that handle more than 100,000 tonnes per year of waste.(4) Development for the purpose of waste incineration that handles more than 1,000 tonnes per year of waste.(5) Development for the purpose of hazardous waste facilities that transfer, store or dispose of solid or liquid waste classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste that handles more than 1,000 tonnes per year of waste.(6) Development for the purpose of any other liquid waste depot that treats, stores or disposes of industrial liquid waste and:(a) handles more than 10,000 tonnes per year of liquid food or grease trap waste, or(b) handles more than 1,000 tonnes per year of other aqueous or non-aqueous liquid industrial waste.
24 Remediation of contaminated land
(1) Development for the purpose of remediation of land that is category 1 remediation work on significantly contaminated land if the work is required to be carried out under the Contaminated Land Management Act 1997 by a management order that requires:(a) the taking of action of the kind referred to in section 16 (d) or (g) of that Act, or(b) the preparation of a plan of management that provides for the taking of any such action.(2) In this clause, category 1 remediation work and remediation have the same meanings as in State Environmental Planning Policy No 55—Remediation of Land.
Schedule 2 State significant development—identified sites
(Clause 8 (1))
1 Sydney Opera House
All development on land identified as being within the Sydney Opera House Site on the State Significant Development Sites Map.
2 Development on specified sites
Development that has a capital investment value of more than $10 million on land identified as being within any of the following sites on the State Significant Development Sites Map:(a) Bays Precinct Site,(b) Darling Harbour Site,(c) Broadway (CUB) Site,(d) Honeysuckle Site,(e) Luna Park Site,(f) Sydney Olympic Park Site,(g) Redfern-Waterloo Sites,(h) Taronga Zoo Site.
3 Development at Barangaroo
(1) Development that has a capital investment value of more than $10 million on land identified as being within the Barangaroo Site on the State Significant Development Sites Map.(2) Subdivision of land within the Barangaroo Site, other than a strata title subdivision, a community title subdivision, or a subdivision for any one or more of the following purposes:(a) widening a public road,(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,(d) rectifying an encroachment on a lot,(e) creating a public reserve,(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes or emergency service purposes or public conveniences.
4 Development at Royal Randwick Racecourse
Development on land identified as being within the Royal Randwick Racecourse Site on the State Significant Development Sites Map if:(a) it has a capital investment value of more than $10 million, or(b) it is for the purposes of an event that is not a race day event.
5 Development in the Western Parklands
Development that has a capital investment value of more than $10 million on land identified as being within the Western Parklands on the Western Sydney Parklands Map within the meaning of State Environmental Planning Policy (Western Sydney Parklands) 2009.
6 Development in The Rocks
Development on land identified as being within The Rocks Site on the State Significant Development Sites Map if:(a) it has a capital investment value of more than $10 million, or(b) it does not comply with the approved scheme within the meaning of clause 27 of Schedule 6 to the Act.
7 Development at Fox Studios, Moore Park Showgrounds and Sydney Sports Stadiums Site
Development on land identified as being within Fox Studios, Moore Park Showgrounds and Sydney Sports Stadiums Site on the State Significant Development Sites Map if:(a) it has a capital investment value of more than $10 million, or(b) it is for the purposes of an event that is not a sporting event on land described in Part 1 of Schedule 2 to the Sydney Cricket and Sports Ground Act 1978.
8 Development at Penrith Lakes Site
Development on land identified as being within the Penrith Lakes Site on the State Significant Development Sites Map if the development is for the purposes of extraction, rehabilitation or lake formation (including for the purposes of associated infrastructure on land located within or outside that Site).
9 Development at Warnervale Town Centre Site
Development on land identified as being within the Warnervale Town Centre Site on the State Significant Development Sites Map if the development:(a) is for the purposes of retail premises having a floor space area of more than 5,000 square metres, and(b) has a capital investment value of more than $10 million.
10 Development at NSW Land and Housing Corporation Sites
Development on land identified as a NSW Land and Housing Corporation Site on the State Significant Development Sites Map, if the development is carried out by or on behalf of the NSW Land and Housing Corporation.Note—At the commencement of this Policy, there were no such sites identified.
11 Development at North Penrith Site
Development on land identified as being within the North Penrith Site on the State Significant Development Sites Map if the development is for the purposes of:(a) a principal subdivision establishing major lots or public domain areas, or(b) the creation of new roadways and associated works.
12 Development at North Ryde Station Precinct Site
Development on land identified as being within the North Ryde Station Precinct Site on the State Significant Development Sites Map if the development is for the purposes of:(a) a principal subdivision establishing major lots or public domain areas, or(b) the creation of new roadways and associated works.
Schedule 3 State significant infrastructure—general
(Clause 13)
Note—
Development within a category specified in this Schedule is not State significant infrastructure unless it is development that may be carried out without development consent under Part 4 of the Act (see section 115U (3) of the Act and clause 13).
1 General public authority activities
(1) Infrastructure or other development that (but for Part 5.1 of the Act and within the meaning of Part 5 of the Act) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Part 5 of the Act.(2) This clause does not apply to development if the proponent is a council or county council.(3) This clause does not apply to development specified in any other clause of this Schedule.
2 Port facilities and wharf or boating facilities
Development for the purpose of port and wharf facilities or boating facilities (not including marinas) by or on behalf of a public authority that has a capital investment value of more than $30 million.
3 Rail infrastructure
Development for the purpose of rail infrastructure by or on behalf of the Australian Rail Track Corporation that has a capital investment value of more than $50 million.
4 Water storage or water treatment facilities
(1) Development for the purpose of water storage or water treatment facilities (not including desalination plants) carried out by or on behalf of a public authority that has a capital investment value of more than $30 million.(2) Development for the purpose of desalination plants by or on behalf of a public authority that has a capital investment value of more than $10 million.
5 Pipelines
Development for the purpose of a pipeline in respect of which:(a) a licence is required under the Pipelines Act 1967, or(b) an application for a licence is made under that Act on or after the commencement of this clause, or(c) a licence was granted under that Act before the commencement of this clause.Note—The Pipelines Act 1967 enables a person to apply for and be granted a licence under that Act although a licence is not required by the Act for the pipeline concerned. Also, see Part 3 of Schedule 1 to the Pipelines Act 1967, which affects the operation of the Environmental Planning and Assessment Act 1979 with respect to pipelines.
6 Submarine telecommunication cables
Development for the purpose of submarine telecommunication cables (and any attached devices) laid on or under the seabed beneath the coastal waters of the State and below the mean high water mark, being cables used for communications between Australia and other countries.
7 Certain development in reserved land under the National Parks and Wildlife Act 1974
Development on land reserved under the National Parks and Wildlife Act 1974 by a person other than a public authority:(a) for a purpose authorised under section 151A (1) (b) of that Act, and(b) that has a capital investment value of more than $10 million.
Schedule 4 State significant infrastructure—specified development on specified land
(Clause 15)
Note—
Section 115U (4) of the Act provides a procedure for specified development on specified land to be declared State significant infrastructure by SEPP or by Ministerial order that amends a SEPP (any such declaration has effect whether or not the development would otherwise require consent under Part 4 of the Act). Clause 5 of Schedule 6A to the Act also provides such a procedure for declaring Part 3A projects to be State significant infrastructure and that clause applies to the development listed in Part 1 of this Schedule.
Part 1 Transitional projects
1 Transitional development—development subject to certain Part 3A applications
Development the subject of the following applications for approval under Part 3A of the Act:(a) Concept plan application No MP 06_0157,(b) Project application No MP 10_0203,(c) Project application No MP 09_0204,(d) Project application No MP 10_0146,(e) Project application No MP 10_0201.
Schedule 5 Critical State significant infrastructure
(Clause 16)
1 Pacific Highway projects
Development for the purposes of upgrading the following segments of the Pacific Highway, located within the Ballina, Clarence Valley, Coffs Harbour, Newcastle, Port Stephens and Richmond Valley local government areas, to achieve at least four lanes of dual carriageway:(a) F3 Freeway to Raymond Terrace, from the F3 Freeway approximately 1.5 kilometres south of the John Renshaw Drive Roundabout extending for approximately 15 kilometres to approximately 2.5 kilometres north of Masonite Road, Raymond Terrace,(b) Coffs Harbour Bypass, from approximately 1 kilometre south of the Englands Road intersection extending for approximately 14 kilometres to approximately 500 metres north of Seaview Close,(c) Woolgoolga to Ballina:(i) from Arrawarra Beach Road approximately 5 kilometres north of Woolgoolga to approximately 21 kilometres south of Grafton (the Franklins Road intersection with the Pacific Highway), and(ii) from approximately 13 kilometres south of Grafton (the Eight Mile Lane intersection with the Pacific Highway) to approximately 66 kilometres north of Grafton, and(iii) from approximately 72 kilometres north of Grafton to the Ballina Bypass approximately 6 kilometres south of Ballina.
2 Rail infrastructure projects
(1) Development for the purposes of the North West Rail Link, being the construction and operation of an electrified passenger rail line between Epping and Rouse Hill, including the following:(a) new stations in Cherrybrook, Castle Hill, Hills Centre, Norwest, Kellyville and Rouse Hill,(b) associated ancillary infrastructure, including (but not limited to) train stabling, roads, car parks, bus interchanges, public amenities and inter-modal facilities.(2) Development for the purposes of a CBD light rail extension, being the construction and operation of an extension of the light rail network within the City of Sydney Central Business District, generally between Haymarket and Circular Quay, including the following:(a) light rail tracks and associated road works,(b) stops and facilities for passengers,(c) associated ancillary infrastructure.
Schedule 6 Amendment of other instruments
Clause 8B Complying development
Omit the note to clause 8B (2) (e).
[1] Clause 9 Exempt development
Omit “State significant development,” from clause 9 (1) (j).
[2] Clause 10 Complying development
Omit “State significant development or” from clause 10 (1) (i).
Clause 9 Complying development
Omit clause 9 (1) (a).
Clause 7C Complying development—Clarence Valley
Omit the note to clause 7C (2).
Clause 4 Application of Policy
Insert at the end of clause 4 (4):Note—This Policy does not apply to development that is State significant infrastructure.
Clause 4 Application of Policy
Insert at the end of clause 4 (2):Note—This Policy does not apply to development that is State significant infrastructure.
6.7 State Environmental Planning Policy No 59—Central Western Sydney Regional Open Space and Residential
Clause 34 Application of Amendment No 1
Omit clause 34 (2).
[1] Clause 4 Definitions
Omit paragraph (d) from the definition of railway corridor in clause 4 (1).Insert instead:(d) land identified as a railway corridor in an approval of a transitional Part 3A project (within the meaning of Schedule 6A to the Act), an approval to carry out State significant infrastructure or a development consent given by the Minister.
[2] Clause 4 (1), definition of “road corridor”
Omit paragraph (c) from the definition. Insert instead:(c) land identified as a road corridor in an approval of a transitional Part 3A project (within the meaning of Schedule 6A to the Act), an approval to carry out State significant infrastructure or a development consent given by the Minister.
Clause 30 Determination of development applications
Insert “(other than State significant development)” after “residential flat development” where firstly occurring in clause 30 (1).
Clause 2 Aims of Policy
Omit clause 2 (2) (a).
[1] Part 3, Division 9, heading
Insert “and pipelines” after “distribution”.
[2] Part 3, Division 9, Subdivision 1, heading
Omit “Gas pipelines”. Insert instead “Pipelines”.
[3] Clause 53 Development permitted without consent
Omit “gas” from clause 53 (1) and (4) wherever occurring.
[4] Clause 65 Development permitted without consent
Omit “in the exercise of a function” from clause 65 (1) wherever occurring.Insert instead “for a use authorised”.
[5] Clause 78 Definitions
Insert “or Part 5.1” after “Part 3A” in paragraph (c) of the definition of rail corridor.
[6] Clause 78, definition of “rail corridor”
Insert “, or consent under Part 4 of the Act,” after “the Act” in paragraph (c) of the definition.
[7] Clause 93 Definitions
Insert “or Part 5.1” after “Part 3A” in paragraph (b) of the definition of road corridor.
[8] Clause 93, definition of “road corridor”
Insert “, or consent under Part 4 of the Act,” after “the Act” in paragraph (b) of the definition.
[9] Clause 114A
Insert after clause 114:114A Development permitted without consent—submarine cablesDevelopment for the purpose of submarine telecommunication cables (and any attached devices) laid on or under the seabed beneath the coastal waters of the State and below the mean high water mark, being cables used for communications between Australia and other countries, may be carried out by any person without consent on any land.
[1] Clause 2 Aims of Policy
Omit clause 2 (a), (b), (e) and (f).
[2] Clause 2A
Insert after clause 2:2A Application of Policy—transitional Part 3A projects(1) On the repeal of Part 3A of the Act, this Policy is subject to Schedule 6A to the Act.Note—Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (transitional Part 3A projects) and revokes the declaration of any other Part 3A project.(2) The repeal of clauses 6–6C and Schedules 1, 2 and 5 of this Policy, and the other amendments made to this Policy, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following:(a) the declaration under this Policy of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,(b) any certificate in force under clause 6C immediately before that repeal.
[3] Clause 3 Definitions and key concepts
Omit the definitions of environmentally sensitive area of State significance, regional panel and sensitive coastal location from clause 3 (1).
[4] Clause 3 (1)
Insert in alphabetical order:Sydney Harbour Foreshore Sites Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Foreshore Sites Map.Sydney Harbour Port and Related Employment Lands Map means the State Environmental Planning Policy (Major Development) 2005—Sydney Harbour Port and Related Employment Lands Map.
[5] Clause 3 (2)
Omit the subclause. Insert instead:(2) Words and expressions used in this Policy have the same meaning as they have in Schedule 6A to the Act.
[6] Clause 3A
Insert after clause 3:3A Maps(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.
[7] Part 2, heading
Omit “Major projects and”.
[8] Clauses 6–6C
Omit the clauses.
[9] Clause 7 State significant sites
Omit “, including development on those sites that is a project to which Part 3A of the Act applies” from clause 7 (1).
[10] Clause 9A Development for which Minister is consent authority under Part 4
Omit clause 9A (1). Insert instead:(1) The Minister is the consent authority under Part 4 of the Act for any development requiring consent under that Part that is of a kind described in Schedule 6 to this Policy and is not a transitional Part 3A project, State significant development or State significant infrastructure.
[11] Clause 10 Exclusion of certain exempt or complying development
Omit clause 10 (1) (a). Insert instead:(a) particular development would be a transitional Part 3A project, and
[12] Clause 10 (1) (c)
Omit “project to which Part 3A applies”.Insert instead “transitional Part 3A project”.
[13] Clause 10 (1)
Omit “, despite clauses 6 and 6A”.
[14] Clause 10A Development that does not require consent under Part 4
Omit “project to which Part 3A of the Act applies” from the note to the clause.Insert instead “transitional Part 3A project or State significant infrastructure”.
[15] Clause 12 Walsh Bay—designated consent authority
Omit clause 12 (1). Insert instead:(1) This Policy terminates the powers and functions of the Minister administering the Walsh Bay Development (Special Provisions) Act 1999 as the consent authority under the Environmental Planning and Assessment Act 1979 and appoints the Council of the City of Sydney as the consent authority for that development.
[16] Clause 12 (2)
Omit “project to which that Part applies”.Insert instead “transitional Part 3A project”.
[17] Clause 12 (3)
Insert after clause 12 (2) (and before the note to the clause):(3) This clause does not affect the operation of Division 4.1 of Part 4 or Part 5.1 of the Act in relation to any development at Walsh Bay that is development to which those provisions apply.
[18] Clause 12A Sydney Harbour Foreshore Sites—consent authority
Omit clause 12A (1). Insert instead:(1) This clause applies to development on land identified as a Sydney Harbour Foreshore Site on the Sydney Harbour Foreshore Sites Map that is not State significant development.
[19] Part 3 Regional development
Omit the Part.
[20] Clause 15 Review of Policy
Omit the clause.
[21] Clause 16 Savings and transitional provisions
Insert after clause 16 (2E):(2F) The amendments made by State Environmental Planning Policy (State and Regional Development) 2011 to Schedule 6 to this Policy do not apply to a development application made, but not finally determined, before the commencement of those amendments.
[22] Clause 17 Transitional provisions—residential, commercial or retail projects and coastal subdivision
Omit clause 17 (1)–(8). Insert instead:(1) This Policy continues to apply in respect of the following development that is a transitional Part 3A project under Schedule 6A to the Act, as if Group 5 of Schedule 1 and clause 1 of Schedule 2 had not been repealed by State Environmental Planning Policy (Major Development) Amendment 2011:(a) residential, commercial or retail development,(b) coastal subdivision development.Note—Schedule 6A to the Act continues projects saved by this clause as transitional Part 3A projects and applies Part 3A of the Act (now repealed) as modified by that Schedule to those projects.
[23] Clause 17 (9)
Omit the definition of environmental assessment requirements.
[24] Schedule 1 Part 3A projects—classes of development
Omit the Schedule.
[25] Schedule 2 Part 3A projects—specified sites
Omit the Schedule.
[26] Schedule 3 State significant sites
Omit Division 1 of Part 1, Division 1 of Part 2, Division 2 of Part 4, Division 2 of Part 5, Division 2 of Part 8, Division 2 of Part 9, Division 2 of Part 10, Division 2 of Part 12, Division 2 of Part 16, clause 5 of Part 23 and Division 2 of Part 29.
[27] Schedule 3, Part 2, clause 2 (2)
Omit the subclause.
[28] Schedule 3, Part 2, clause 2 (7) and (8)
Omit clause 2 (7)–(9). Insert instead:(7) Development consent must not be granted to the erection of any building on the cliff top sites unless:(a) the consent authority is satisfied, after consultation with the Roads and Traffic Authority, that the building will not interfere with sight lines along Glen and Northcliff Streets to such an extent as to be a hazard to traffic, and(b) the consent authority is satisfied, on the basis of information provided by the applicant for development consent, that neither the building, nor the process of its erection, will threaten or damage any heritage fig tree and, in particular, that land beneath the canopy of any heritage fig tree will not be used for any purpose in connection with the erection of the building, and(c) the consent authority is satisfied that appropriate arrangements will be made to give public access to the open spaces around the building.(8) Nothing in any local environmental plan or regional environmental plan applies to or in respect of the carrying out of development on the cliff top sites.
[29] Schedule 3, Part 4, clauses 6 and 11 (a), Part 5, clauses 6 and 25, Part 6, clauses 3 (1) and 10 (a), Part 8, clause 5, Part 9, clauses 4 and 15, Part 10, clauses 6 and 14, Part 12, clause 6, Part 14, clauses 3, 6, 13, 16 (1) and 17 (1), Part 16, clauses 3, 7 (2), 24 (1) and 25 (1), Part 20, clauses 5, 6 (2), 16 (1) and 17 (1), Part 21, clauses 5 (2), 14 (1) and 15 (1), Part 22, clauses 5 (2), 19 (1) and 20 (1), Part 23, clauses 6 (2), 21 (1) and 22 (1), Part 24, clauses 3, 6 (2), 17 (1) and 18 (1), Part 25, clauses 3, 6 (2), 16, 18 (4), 20 (1) and 21 (1), Part 27, clauses 5 (2), 14, 18 (1) and 19 (1), Part 28, clauses 6 (2), 16, 22 (1) and 23 (1), Part 29, clauses 3 and 7, Part 30, clauses 3 and 6, Part 31, clauses 3, 6 (2), 15, 27 (1) and 28 (1), Part 33, clauses 3, 6 (2), 11, 14 (1) and 15 (1)
Omit “project to which Part 3A of the Act applies” wherever occurring.Insert instead “transitional Part 3A project”.
[30] Schedule 3, Part 5, clause 4, Part 6, clause 2, Part 10, clause 4, Part 12, clause 4, Part 14, clause 4, Part 15, clause 4, Part 16, clause 4, Part 20, clause 3, Part 21, clause 3, Part 22, clause 4, Part 23, clause 3, Part 24, clause 4, Part 25, clause 4, Part 26, clause 4, Part 27, clause 3, Part 28, clause 4, Part 29, clause 4, Part 30, clause 4, Part 33, clause 4
Omit the clauses.
[31] Schedule 3, Part 5
Insert after clause 24:24A Infrastructure development and use of existing buildings of the Crown(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
[32] Schedule 3, Part 6, clause 3 (3), Part 12, clause 15 (1), Part 20, clause 6 (2), Part 30, clause 14, notes
Omit the notes.
[33] Schedule 3, Part 10
Insert after clause 16:17 Infrastructure development and use of existing buildings of the Crown(1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.(2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
[34] Schedule 5 Critical infrastructure projects
Omit the Schedule.
[35] Schedule 6 Minister consent authority for Part 4 development
Omit the heading to Part 1 and clause 1.
[36] Schedule 6, Part 1, clauses 2 and 4 (2)
Omit “$5 million” from clauses 2 and 4 (2) of Part 1 wherever occurring.Insert instead “$10 million”.
[37] Schedule 6, Part 1, clause 3
Omit “project to which Part 3A of the Act applies”.Insert instead “transitional Part 3A project”.
[38] Schedule 6, Part 1, clause 4 (2)
Omit “Maps 6A and 6B to Schedule 2”.Insert instead “the Sydney Harbour Port and Related Employment Lands Map”.
[39] Schedule 6, Part 1, clause 5
Omit the clause. Insert instead:5 Luna Park SiteDevelopment (with a capital investment value of not more than $10 million) within the area identified as the Luna Park Site on Map 2 to Schedule 3.
[40] Schedule 6, Part 2
Omit the Part.
[41] Schedule 7 Development that does not require consent under Part 4
Omit “Maps 6A and 6B to Schedule 2” from clause 1 (b).Insert instead “the Sydney Harbour Port and Related Employment Lands Map”.
[42] Schedule 7, clause 1 (b)
Omit “$5 million”. Insert instead “$10 million”.
[43] Schedule 8 Exempt development
Omit clause 1 (1) from Part 3. Insert instead:(1) Development specified in this Part that is of minimal environmental impact and carried out on the areas within Circular Quay, Darling Harbour or The Rocks as shown on the Sydney Harbour Foreshore Sites Map.
6.13 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
[1] Clause 7 Development permissible with consent
Insert after clause 7 (1) (e):(f) extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.
[2] Clause 7 (2) (f) and (g)
Insert after clause 7 (2) (e):(f) drilling or operating petroleum exploration wells, not including:(i) stratigraphic boreholes, or(ii) monitoring wells, or(iii) a set of 5 or fewer wells that is more than 3 kilometres from any other petroleum well (other than an abandoned petroleum well) in the same petroleum title,(g) drilling or operating petroleum exploration wells (not including stratigraphic boreholes or monitoring wells) that is carried out in an environmentally sensitive area of State significance.
[1] Clause 10 Declaration of Part 3A projects and consent authorities
Omit the clause.
[2] Clause 20A
Insert after clause 20:20A Savings and transitional provisions—Part 3A transitional projects and State significant development(1) The repeal of clause 10 of this Policy, by the State Environmental Planning Policy (State and Regional Development) 2011 does not affect the declaration under this Policy of a project to be a project to which Part 3A of the Act applies, if that project is a transitional Part 3A project.(2) Clause 10 (2) and (3), as in force immediately before the repeal of clause 10 by the State Environmental Planning Policy (State and Regional Development) 2011, continue to apply to a development application made, but not finally determined, before that repeal.(3) Words and expressions used in this clause have the same meaning as they have in Schedule 6A to the Act.
Clause 18A Subdivision in the waterways
Insert “or an approval under Part 5.1 of the Act to carry out State significant infrastructure” after “Part 3A of the Act” in clause 18A (3) (a).