State Environmental Planning Policy (Infrastructure) 2007
16 Consultation with public authorities other than councils
(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.(2) For the purposes of subclause (1), the following development is specified development and the following authorities are in relation to that development—(a) development adjacent to land reserved under the National Parks and Wildlife Act 1974 or to land acquired under Part 11 of that Act—the Office of Environment and Heritage,(b) development on land in Zone E1 National Parks and Nature Reserves or in a land use zone that is equivalent to that zone—the Office of Environment and Heritage,(c) development adjacent to an aquatic reserve or a marine park declared under the Marine Estate Management Act 2014—the Department of Industry,(d) development in the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998—the Sydney Harbour Foreshore Authority,(e) development comprising a fixed or floating structure in or over navigable waters—Roads and Maritime Services,(f) development for the purposes of a health services facility, correctional centre or group home, or for residential purposes, in an area that is bush fire prone land (as defined by the Act)—the NSW Rural Fire Service,Note.The Act defines bush fire prone land, in relation to an area, as land recorded for the time being as bush fire prone land on a map certified as referred to in section 10.3(2) of the Act.Note.When carrying out development of a kind referred to in paragraph (f), consideration should be given to the publication of the NSW Rural Fire Service Planning for Bush Fire Protection 2019.(g) development that may increase the amount of artificial light in the night sky and that is on land within the dark sky region as identified on the dark sky region map—the Director of the Observatory,Note.The dark sky region is land within 200 kilometres of the Siding Spring Observatory.(h) development on defence communications facility buffer land within the meaning of clause 5.15 of the Standard Instrument—the Secretary of the Commonwealth Department of Defence,Note.Defence communications facility buffer land is located around the defence communications facility near Morundah. See the Defence Communications Facility Buffer Map referred to in clause 5.15 of Lockhart Local Environmental Plan 2012, Narrandera Local Environmental Plan 2013 and Urana Local Environmental Plan 2011.(i) development on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961—the Mine Subsidence Board.(3) In this clause—dark sky region map means the map marked “Dark Sky Region Map” held in the head office of the Department of Planning and Environment.Note.Clause 18A(2) of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 requires public authorities (or persons acting on their behalf) to consult with the Department of Planning and Environment before carrying out any development comprising the clearing of native vegetation on certain land within a growth centre (within the meaning of that Policy). The land concerned is land other than the subject land (within the meaning of Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995). The subject land is generally land to which precinct plans apply under that Policy.