State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 6 August 2020 at 02:59)
Part 2 Division 2 Clause 18
18   Additional uses of certain State land permitted
(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 Forestry Act 2012, and
(d)  not reserved under the National Parks and Wildlife Act 1974, and
(e)  not reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.
(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.
(3A)  However, subclause (3) does not apply in relation to the development if the adjacent land concerned is no longer prescribed State land because it is—
(a)  a forestry area within the meaning of the Forestry Act 2012, or
(b)  reserved under the National Parks and Wildlife Act 1974, or
(c)  reserved under the Crown Land Management Act 2016 for a public purpose that, in the opinion of the Secretary, is an environmental protection or nature conservation purpose.
(4)  This clause does not—
(a)  prevent a consent authority from—
(i)  granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(ii)  refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(b)  otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this clause applies.
(5)    (Repealed)
(6)  Land is adjacent to other land for the purpose of this clause even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.
(7)  In this clause, a reference to land zoned for conservation purposes means land in any of the following land use zones or in a land use zone that is equivalent to any of those zones—
(a)  RE1 Public Recreation,
(b)  E1 National Parks and Nature Reserves,
(c)  E2 Environmental Conservation,
(d)  W1 Natural Waterways.