State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:41)
Part 1
Part 1 Preliminary
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, Rural Fires Act 1997 and Water Management Act 2000.
2   Aim of Policy
The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by—
(a)  improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and
(b)  providing greater flexibility in the location of infrastructure and service facilities, and
(c)  allowing for the efficient development, redevelopment or disposal of surplus government owned land, and
(d)  identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and
(e)  identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and
(f)  providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(g)  providing opportunities for infrastructure to demonstrate good design outcomes.
3   Commencement of Policy
This Policy commences on 1 January 2008.
4   Land to which Policy applies
Except as otherwise provided by this Policy, this Policy applies to the State.
5   Interpretation—general
(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.
(2)  In this Policy—
associated public transport facilities for a railway station, public ferry wharf or road means such of the following as are integrated or associated with the station, wharf or road—
(a)  car parks intended for use by commuters,
(b)  public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),
(c)  bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),
(d)  bus layovers.
Blue Book means Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and as in force at the commencement of State Environmental Planning Policy (Infrastructure) Amendment 2018.
bus layover means a location set aside for buses to park during periods between bus journeys.
Note.
 Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.
capital investment value of development has the same meaning as in the Environmental Planning and Assessment Regulation 2000.
consent
(a)  when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and
(b)  when used in any other context, means development consent.
Note.
 
As a result of paragraph (a) of the definition of consent, development that this Policy provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
consent authority has the same meaning as it has in the Act.
emergency works means works carried out in response to—
(a)  a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
(b)  accident, equipment failure or structural collapse, or
(c)  damage caused by vandalism, arson or a pollution incident,
provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.
environmental management works means—
(a)  works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and
(b)  environmental protection works.
heritage conservation area means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
infrastructure facility means development that is the subject of development controls under Part 3.
Lighting for Roads and Public Spaces Standard means the following Australian and New Zealand Standards—
(a)  AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,
(b)  AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,
(c)  AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2: Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,
(d)  AS/NZS 1158.2:2005, Lighting for roads and public spaces, Part 2: Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,
(e)  AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,
(f)  AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,
(g)  AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,
(h)  AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.
local heritage item means—
(a)  a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or
(b)  an item of local heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.
maintenance includes repair.
primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.
public authority
(a)  has the same meaning as it has in the Act, and
(b)  in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).
railway station includes any station for a metro (within the meaning of the Transport Administration Act 1988).
site compatibility certificate means a certificate issued under clause 19(5).
Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act.
State heritage item means an item of State heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act.
State land means—
(a)  Crown land within the meaning of the Crown Land Management Act 2016, or
(b)  any other land of the Crown or vested in a Minister on behalf of the Crown, or
(c)  land owned by a public authority other than a council.
telecommunications facility—see clause 113.
waste has the same meaning as in Schedule 3 to the Environmental Planning and Assessment Regulation 2000.
written notice includes notice by electronic mail or facsimile.
Note.
 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
(3)  If this Policy provides that development for a particular purpose that may be carried out without consent includes construction works, the following works or activities are (subject to and without limiting that provision) taken to be construction works if they are carried out for that purpose—
(a)  accessways,
(b)  temporary construction yards,
(c)  temporary lay-down areas for materials or equipment,
(d)  temporary structures,
(e)  investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),
(f)  clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping,
(g)  demolition,
(h)  relocation or removal of infrastructure,
(i)  extraction of extractive materials at the construction site solely for the purpose of the construction.
(4)  If this Policy provides that development for a particular purpose that may be carried out without consent includes routine maintenance works, the following works or activities are (subject to and without limiting that provision) taken to be routine maintenance works if they are carried out for that purpose—
(a)  routine repairs to or replacement of equipment or assets,
(b)  temporary construction yards,
(c)  clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping.
(5)  Notes included in this Policy are provided for guidance and do not form part of this Policy.
6   Interpretation—references to equivalent land use zones
(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 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or
(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.
(2A)  Despite subclause (1), in relation to land—
(a)  to which an environmental planning instrument that is not made as provided by section 3.20(2) of the Act applies, and
(b)  to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,
a reference in this Policy to a lot or land in a named land use zone is a reference to a lot or land specified in a land use zone that is equivalent to such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.
(2B)  In subclause (2A), community consultation means community consultation under clause 4 of Schedule 1 to the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000).
(3)  In this clause, relevant authority means—
(a)  the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
(b)  if the development is to be carried out by or on behalf of a person other than a public authority, the Secretary.
Note.
 Land use zones that are named in this Policy are those set out in the standard instrument.
7   Interpretation—references to 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.
7A   Preconditions to carrying out certain development
For the purposes of this Policy, and despite any other provision of this Policy, development that is subject to a precondition that must be satisfied before it may be carried out without development consent is not development that may be carried out without development consent under this Policy until the precondition is satisfied.
8   Relationship to other environmental planning instruments
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.
(2)  Except as provided by subclauses (3) and (4), if there is an inconsistency between a provision of this Policy and any of the following provisions of another environmental planning instrument, the provision of the other instrument prevails to the extent of the inconsistency—
(3)  Clause 48B of this Policy prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency.
(4)  A provision of this Policy that permits development for the purpose of emergency works or routine maintenance works to be carried out without consent, or that provides that development for that purpose is exempt development, prevails over clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 to the extent of any inconsistency, but only if any adverse effect on the land concerned is restricted to the minimum possible to allow the works to be carried out.
(5)  For the avoidance of doubt, development to which subclause (3) or (4) applies is not declared designated development for the purposes of the Act.
9   Suspension of laws
(1)  The Acts, regulations and provisions of Acts specified below in relation to particular development to which this Policy applies do not apply to that development to the extent necessary to enable the development to be carried out in accordance with this Policy or with a consent granted under the Act—
(a)    (Repealed)
(b)  development to which clause 7(2) of State Environmental Planning Policy No 54—Northside Storage Tunnel applied immediately before its repeal—so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the continued operation of the Northside Storage Tunnel (as defined by clause 105),
(c)  development to which clause 9(1) of State Environmental Planning Policy No 63—Major Transport Projects applied immediately before its repeal—section 68 of the Local Government Act 1993 and sections 86, 87 and 91(b) of the Public Works Act 1912,
(d)  development to which clause 8(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—Part 4 and Divisions 8 and 9 of Part 6 of the Heritage Act 1977,
(e)  development to which clause 9(1) of State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004 applied immediately before its repeal—
(i)  the Fisheries Management Act 1994 and the regulations made under that Act, and
(ii)  section 68 of the Local Government Act 1993, and
(iii)  so much of the National Parks and Wildlife Act 1974 and the regulations made under that Act as would prevent or restrict the laying, maintenance or use of seawater inlet and outlet pipelines and tunnelling under Botany Bay National Park, or to a sewer line, for a desalination plant (including a pilot plant) on the Kurnell Peninsula.
(2)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(3)  In accordance with section 28 of the Environmental Planning and Assessment Act 1979, before the making of this Policy, the Governor approved the making of this clause with the concurrence in writing of the Ministers administering the Acts referred to in subclause (1).
10   (Repealed)
11   Savings provisions
(1)  This Policy does not apply to or in respect of—
(a)  the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of this Policy, or
(b)  the determination of a project application made under Part 3A of the Act, but not finally determined before the commencement of this Policy, or
(c)  the carrying out of an activity for which an approval was granted under Part 5 of the Act before the commencement of this Policy, if the carrying out of the activity under that approval begins within 2 years after that commencement, or
(d)  the determination of an application for an approval for an activity made under Part 5 of the Act within 2 years before the commencement of this Policy but not finally determined before that commencement, or
(e)  the carrying out of an activity for which an approval was granted in response to an application referred to in paragraph (d) if the carrying out of the activity under that approval begins within 2 years after the grant of the approval, or
(f)  the carrying out of an activity for which the proponent is also the determining authority and in relation to which an environmental assessment under Part 5 of the Act has been completed if the carrying out of the activity is commenced within 2 years after the completion of the assessment.
(1A)  Division 3 of Part 3, as inserted by State Environmental Planning Policy Amendment (Data Storage) 2019, applies to the determination of a development application made under Part 4 of the Act, but not finally determined before the commencement of that Policy.
(2)  In this clause—
activity and approval have the same meanings as they have in Part 5 of the Act.
project has the same meaning as it has in Part 3A of the Act.
project application means—
(a)  an application for approval of a concept plan, or
(b)  an application for approval to carry out a project (or a part or aspect of a project), or
(c)  an application for approval of a concept plan and to carry out a project (or a part or aspect of a project).
12   Review of Policy
The Minister must ensure that the provisions of this Policy are reviewed—
(a)  as soon as practicable after the first anniversary of the commencement of this Policy, and
(b)  at least every 5 years after that commencement.