Chapter 1 Preliminary
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Transport and Infrastructure) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—the Act means the Environmental Planning and Assessment Act 1979.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.Note—The Interpretation Act 1987, section 30A provides—(a) the transfer of a provision does not affect the operation or meaning of the provision, and(b) a transferred provision is to be construed as if it had not been transferred.
Chapter 2 Infrastructure
Editorial note—
Schedule 12 transfers certain provisions of State Environmental Planning Policy (Infrastructure) 2007 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 3 Educational establishments and child care facilities
Editorial note—
Schedule 12 transfers certain provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 4 Major infrastructure corridors
Editorial note—
Schedule 12 transfers certain provisions of State Environmental Planning Policy (Major Infrastructure Corridors) 2020 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 5 Three ports—Port Botany, Port Kembla and Newcastle
Editorial note—
Schedule 12 transfers certain provisions of State Environmental Planning Policy (Three Ports) 2013 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedules 1–11
Editorial note—
Schedule 12 transfers certain Schedules from the following environmental planning instruments to this Policy—
(b) State Environmental Planning Policy (Education Establishments and Child Care Facilities) 2017,
The Schedules will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedule 12 Transfer of provisions
(1) Transfer State Environmental Planning Policy (Infrastructure) 2007, Parts 1–3, other than clauses 1, 3 and 11, to this Policy as Chapter 2, Parts 2.1–2.3.(2) Renumber the clauses in Chapter 2 as sections with decimal numbering, commencing with section 2.1.(3) Transfer State Environmental Planning Policy (Infrastructure) 2007, Schedules 1, 2, 3 and 3A to this Policy as Schedules 1–4.
(1) Transfer State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Parts 1–7, other than clauses 1 and 2, to this Policy as Chapter 3, Parts 3.1–3.7.(2) Renumber the clauses in Chapter 3 as sections with decimal numbering, commencing with section 3.1.(3) Transfer State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Schedules 1–5 to this Policy as Schedules 5–9.
(1) Transfer State Environmental Planning Policy (Major Infrastructure Corridors) 2020, clauses 3–12 to this Policy as Chapter 4.(2) Renumber the clauses in Chapter 4 as sections with decimal numbering, commencing with section 4.1.
(1) Transfer the following provisions of State Environmental Planning Policy (Three Ports) 2013 to this Policy as Chapter 5, Parts 5.1–5.5—(a) Part 1, other than clauses 1, 2, 11(1) and 11A,(b) Part 2, including the Land Use Table,(c) Parts 3–5.(2) Renumber the clauses in Chapter 5 as sections with decimal numbering, commencing with section 5.1.(3) Transfer State Environmental Planning Policy (Three Ports) 2013, Schedules 1 and 2 to this Policy as Schedules 10 and 11.
5 Consequential amendments
(1) Update all cross-references and provision numbering below the section level in this Policy as required by the transfer of provisions to this Policy.(2) Omit each expression specified in Column 1 of the following table wherever occurring in this Policy, other than in Chapter 1 and this Schedule, including definitions, headings and notes and regardless of capitalisation.Insert instead the expression specified opposite in Column 2, with appropriate capitalisation—
6 Repeal of environmental planning instruments
The following environmental planning instruments, as amended by this Schedule, are repealed—Note—Savings and transitional provisions in the instruments repealed by this section are not transferred to this Policy. They continue to have effect because of the Interpretation Act 1987, sections 5(6) and 30(2)(d).
7 Repeal of Schedule
This Schedule is repealed at the beginning of the day after this Policy commences.