State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 6 August 2020 at 03:06)
Part 3 Division 13
Division 13 Port, wharf or boating facilities
67   Definitions
In this Division—
navigation and emergency response facilities means facilities for—
(a)  water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and
(b)  emergency response, including rescue stations and emergency communication facilities and jetties.
port facilities has the same meaning as in the Standard Instrument.
prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—
(a)  B4 Mixed Use,
(a1)  B8 Metropolitan Centre,
(b)  IN1 General Industrial,
(c)  IN3 Heavy Industrial,
(d)  IN4 Working Waterfront,
(e)  SP1 Special Activities,
(f)  SP2 Infrastructure,
(g)  SP3 Tourist,
(h)  RE1 Public Recreation,
(i)  W2 Recreational Waterways,
(j)  W3 Working Waterways,
and includes any waterbody that is unzoned under any environmental planning instrument.
public ferry wharf means a wharf or any associated facilities used for the purposes of public passenger services provided by ferries.
wharf or boating facilities has the same meaning as in the Standard Instrument.
67A   Application of Division
This Division does not apply to land within the Lease Area within the meaning of State Environmental Planning Policy (Three Ports) 2013.
68   Development permitted without consent
(1)  Development for the purpose of port facilities may be carried out—
(a)  by or on behalf of the Newcastle Port Corporation or Roads and Maritime Services without consent on land in a prescribed zone or (providing the development is directly related to an existing port facility) on any other land, or
(b)  by or on behalf of any other public authority without consent on land in a prescribed zone.
(2)  The following development may be carried out by or on behalf of a public authority without consent on any land—
(a)  development for the purposes of navigation and emergency response facilities,
(b)  environmental management works associated with a port facility or a wharf or boating facility,
(c)  emergency works associated with a navigation and emergency response facility or a port facility.
(3)  Subdivision of land in the area of a port managed by the Newcastle Port Corporation, being subdivision that is required to facilitate operations at the port, may be carried out by the Newcastle Port Corporation without consent.
(4)  Development for the purpose of wharf or boating facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.
(4AA)  To avoid doubt, subclause (4) does not permit the subdivision of any land.
(4A)  Development for the purposes of associated public transport facilities for a public ferry wharf may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act.
(5)  In this clause, a reference to development for the purpose of port facilities, navigation and emergency response facilities, wharf or boating facilities or associated public transport facilities for a public ferry wharf includes a reference to the operation of such a facility and to development for any of the following purposes if the development is in connection with such facilities—
(a)  construction works (including dredging or land reclamation, if the dredging or land reclamation is required for the construction of those facilities),
(b)  routine maintenance works,
(c)  environmental management works,
(d)  alteration, demolition or relocation of a local heritage item,
(e)  alteration or relocation of a State heritage item.
(6)  In this clause, a reference to development for the purpose of port facilities also includes a reference to any of the following if carried out in connection with port facilities—
(a)  dredging, or bed profile levelling, of existing navigation channels,
(b)  dredging, or bed profile levelling, so as to create new navigation channels.
(7)  In this clause, a reference to development for the purpose of navigation and emergency response facilities, wharf or boating facilities or associated public transport facilities for a public ferry wharf also includes a reference to dredging, or bed profile levelling, of existing navigation channels, if that dredging or levelling is—
(a)  carried out for safety reasons, or
(b)  carried out in connection with any such facilities that, at the time of the dredging or levelling, exist.
69   Development permitted with consent
(1)  The erection or use of a structure (within an existing port facility or public ferry wharf) that is associated with retail premises, business premises or industrial premises that are not directly related to the operation of the port or wharf may be carried out by any person with consent on land in a prescribed zone or on unzoned land.
(2)  Subdivision of any land in the area of a port managed by the Newcastle Port Corporation may be carried out by any person with consent.
(3)  Dredging may be carried out by any person with consent on any land.
(4)  Development for the purpose of a facility for maintaining vessels may be carried out by any person with consent on land in a prescribed zone or on unzoned land.
(5)  Nothing in this clause requires a person to obtain consent for development of any kind that the person is permitted by clause 68 or 70 to carry out without consent.
70   Exempt development
Development for any of the following purposes is exempt development if it is lawfully carried out on land in the area of a port that is managed by the Newcastle Port Corporation, or is vested in Roads and Maritime Services, and complies with clause 20—
(a)  awnings or canopies,
(b)  adjustment of boundaries between lots or consolidation of lots, if it will not result in—
(i)  a change in the area of any lot by more than 10 per cent, or
(ii)  the creation of an additional lot or of a legal right to erect a building on a lot, or
(iii)  a reduction in vehicular access to any lot, in loading and unloading areas on any lot or in areas used for car parks, or
(iv)  a breach of any requirements under an environmental planning instrument relating to a minimum area of open space or of landscaping, or
(v)  a lot that depends on the use of the services provided to, or utilities of, another lot,
(c)  building alterations, including—
(i)  non-structural alterations to the exteriors of buildings (such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work), where the alterations do not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000), and
(ii)  interior alterations to buildings that do not affect the load bearing capacity of any load bearing component of a building,
(iii)    (Repealed)
(d)  demolition of a building—
(i)  that has a gross floor area of not more than 500m2, or
(ii)  the erection of which is exempt development under this Policy,
Note.
 The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.
(d1)  minor installations for securing or accessing vessels (such as bollards, ladders, ramps, gantries, railings and mooring points), including the removal of those installations,
(d2)  minor installations for protecting wharves or vessels (such as cathodic protection systems and fenders), including the removal of those installations,
(e)  emergency services equipment (including replacement or augmentation of fire systems, pumphouses, fire water tanks and other essential fire safety facilities),
(f)  a flagpole that—
(i)  has a height above ground level (existing) of not more than 30m or (if attached to or mounted on a building) extends not more than 10m above the highest point of the roof of the building, and
(ii)  is located no closer than 20m from any boundary of a property on which residential accommodation is located, and
(iii)  does not display any commercial advertisements for or about anything other than the Newcastle Port Corporation (in the case of the area of a port managed by it) or Roads and Maritime Services (in the case of the area of a port vested in it) or any business operating in those areas,
(g)  hail netting that—
(i)  has a height above ground level (existing) of not more than 12m, and
(ii)  is dark in colour,
(h)  paving, or an at-grade car park (including access to or from the car park), that—
(i)  is ancillary or incidental to a lawful use of the land, and
(ii)  is designed so that any surface water run-off is directed to a stormwater management system or landscaped area,
(h1)  landscaping, including landscape structures or features (such as art work),
(i)  marking out of roads,
(j)  structures for external lighting if—
(i)  any obtrusive effects of the external lighting (if new) are controlled in accordance with AS 4282—1997, Control of the obtrusive effects of outdoor lighting, and
(ii)  the structures have a height above ground level (existing) of not more than 35m or (if attached to or mounted on a building) do not extend more than 10m above the highest point of the roof of the building,
(k)  pedestrian ramps, pathways or stairways (other than escalators or travelators),
(k1)  escalators, or travelators, that are designed to ensure that any noise emitted by them does not exceed 5dB(A) above ambient background noise level (as measured at any adjoining property boundary),
(l)  pollution control facilities, occupational health and safety measures and environmental management works (including such facilities and works associated with liquid petroleum gas storage containers or fuel storage tanks) that satisfy any applicable pollution control provisions and guidelines and are not inconsistent with, or in contravention of, an existing development consent or undertaken for the purpose of remediating contaminated land,
(m)  retaining walls (not including sea walls) that—
(i)  provide for the retaining of fill to a height above ground level (existing) of not more than 2m and excavation to a depth below ground level (existing) of not more than 1m, and
(ii)  are constructed so as to not impede the natural flow of stormwater or surface water run-off,
(n)  hoardings or scaffolding in the circumstances specified in Schedule 1,
(o)  security fencing or security boom gate (whether or not installed along a road frontage) that has a height (in the case of a security fence) of not more than 3.5m,
(o1)  safety or security barriers, including jersey barriers, earth berms and bollards,
(p)  traffic monitoring and security cameras and other facilities for tracking vessels or trucks, port navigation or security (including radar, communication or microwave receivers and the like),
(q)  directional or safety signs that comply with AS 1319—1994, Safety signs for the occupational environment and AS 4282—1997, Control of the obtrusive effects of outdoor lighting,
(r)  public notices that—
(i)  are displayed by a public authority, and
(ii)  contain only warning, safety, security or instructive information (whether or not conveyed by a graphic),
(iii)    (Repealed)
(s)  business identification signs that—
(i)  are flush to or painted on a wall, and
(ii)  have an area of not more than 25m2, and
(iii)  are not more than 10m wide or long, and
(iv)  if flush to a wall, do not project more than 0.3m out from the wall and do not extend vertically above or laterally beyond the wall, and
(v)  are not illuminated, and
(vi)  relate to the business carried out on the land,
(t)  without limiting paragraph (q), (r) or (s), a change in the display on, or the maintenance or replacement of, an existing sign that does not involve a change in the area, form or shape of the sign,
(u)  a temporary structure if—
(i)  the structure is used for a period totalling not more than 12 months, and
(ii)  any car parks and directional or safety signage associated with the use of the structure is located on the same site as the structure, and
(iii)  any waste associated with use of the structure is disposed of lawfully,
(v)  utilities and service facilities that have a height of not more than 3m above ground level (existing), including pipelines (but not including pipelines for fuel or hazardous materials or pipelines that are the subject of a licence under the Pipelines Act 1967 or above ground or overhead power facilities),
(w)  minor vegetation management carried out for the purpose of maintaining the security or safety of the designated port concerned and that involves no more disturbance of vegetation than is necessary for that purpose,
(x)  investigations of the physical properties of soil, rock or seabed (including geotechnical and other testing, surveying and sampling to investigate those physical properties),
(y)  movable plant and equipment,
(z)  a port facility, but only in the circumstances specified in clause 21 of Schedule 1 to State Environmental Planning Policy (Three Ports) 2013 (relating to the change of use of port facilities), and the maintenance of a port facility if—
(i)  the facility is not a petroleum terminal, and
(ii)  the facility was not, before the change of use, a petroleum terminal, and
(iii)  the maintenance work does not involve dredging or bed profile levelling, and
(iv)  the maintenance work involves no greater waterway bed, soil or vegetation disturbance than necessary,
(z1)  washbays,
(z2)  rainwater or grey water tanks used by any business at the designated port that, together with any other rainwater or grey water tanks used by the business, have a total storage capacity of not more than 20,000 litres of water,
(z3)  maintenance, removal and replacement of moorings and navigation marks if—
(i)  they are not located in a marine park or aquatic reserve (within the meaning of the Marine Estate Management Act 2014), and
(ii)  they are not moved to a different location, and
(iii)  the work involves no greater waterway bed, soil or vegetation disturbance than necessary,
(z4)  emergency works to protect port facilities, navigation facilities, wharf or boating facilities, the environment or the public, but only if the work involves no greater waterway bed, soil or vegetation disturbance than necessary.
71   Complying development
(1)  Development for any of the following purposes is complying development if it is lawfully carried out on land in the area of a port that is managed by the Newcastle Port Corporation, or is vested in Roads and Maritime Services, and complies with clause 20B—
(a)  addition to, or alteration (including internal alteration) of, a building that does not result in—
(i)  the gross floor area of the building being the lesser of 25 per cent or 500m2 greater than it was immediately before the commencement of this Policy, or
(ii)  the building having a height (including the addition or alteration) of more than 12m above ground level (existing),
(b)  a new building that—
(i)  has a gross floor area of not more than 500m2 or is not more than 1 storey high, and
(ii)  has a height above ground level (existing) of not more than 12m, and
(iii)  except in the case of a security booth, is erected no closer than 1m from any adjoining property boundary (unless the adjoining property is owned or managed by the Port Corporation), and
(iv)  in the case of food premises, including a canteen or kiosk, is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004, Design, construction and fit-out of food premises,
(c)  demolition, carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, of a building—
(i)  that has a gross floor area not exceeding 2,000m2, or
(ii)  the erection of which is complying development under this clause,
(d)  fences or gates (including security boom gates) that have a height (when closed, in the case of boom gates) of not more than 5m above ground level (existing),
(e)  buildings (including switch rooms or security booths) or sheds that—
(i)  have a floor space area of not more than 500m2, and
(ii)  are one storey high and have a height above ground level (existing) of not more than 10m, and
(iii)  are not within 10m of any boundary,
(f)  retaining walls (other than seawalls) that—
(i)  have a height of not more than 3m above ground level (existing), and
(ii)  if they have a height of more than 1m, are certified by a structural engineer as having a satisfactory design and structure and as having been constructed in accordance with the specifications of that design, and
(iii)  comply with—
(A)  AS 3700—2011, Masonry structures and AS 3700 Supp 1—2004, Masonry structures—Commentary (Supplement to AS 3700—2001), and
(B)  AS/NZS 1170.1:2002, Structural design actions Part 1: Permanent, imposed and other actions and AS/NZS 1170.1 Supp1:2002, Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002), and
(C)  if the structure is made of timber, AS 1720:1—1997/Amdt 1—1998, Timber structures (known as the SAA Timber Structures Code)—Design methods,
(g)  removal of existing cranes, replacement of existing cranes with smaller cranes or with cranes of the same capacity, or installation of crane rails for an existing crane, if—
(i)  the development is not inconsistent with or in contravention of an existing consent, and
(ii)  in the case of the replacement of cranes or installation of crane rails, the new cranes or crane rails are certified by a structural engineer as having a satisfactory design and as having been erected or installed in accordance with the specifications of that design,
(h)  liquid petroleum gas storage containers that—
(i)  together have a capacity to store, at any one time, a total of not more than 3 tonnes of gas for each business, and
(ii)  comply with the relevant requirements of AS 1940—2004, The storage and handling of flammable and combustible liquids and Australian and New Zealand Standard AS/NZS 1596:2008, The storage and handling of LP Gas,
(i)  fuel storage tanks that—
(i)  together have a capacity to store, at any one time, a total of not more than 50,000 litres of fuel for each business, and
(ii)  comply with the relevant requirements of Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids,
(j)  fire water tanks that together have a capacity to store, at any one time, a total of not more than 1,500 tonnes of water for each business,
(k)    (Repealed)
(l)  new or replacement paving, if the area being paved is not more than 5,000m2 and the development is not inconsistent with or in contravention of an existing consent,
(m)  satellite dishes or telecommunications facilities, if—
(i)  the development will result in there being not more than one dish or one facility on the site at any one time, and
(ii)  the dish or facility is made of non-reflective materials, has a height of not more than 12m above ground level (existing) and a diameter of not more than 3m,
(2), (3)    (Repealed)
72   Complying development conditions—additional conditions
A complying development certificate for development referred to in clause 71 is subject to the following conditions (in addition to the conditions set out in clause 20C)—
(a), (b)    (Repealed)
(c)  at the following stages, the principal certifying authority must be given the following survey certificates prepared by a registered land surveyor—
(i)  before any form work below any ground floor slab or any addition to the ground floor slab, for a new building or addition is completed or (if there is no such form work) before the concrete is poured for the ground floor slab or addition to the ground floor slab—a survey certificate showing the location of the proposed new building or addition relative to the property boundaries,
(ii)  at the completion of the lowest floor of any building or any addition to the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued,
(d)–(f)    (Repealed)
(g)  to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work,
(h)    (Repealed)
(i)  following removal of any friable asbestos from the site, a certificate from a suitably qualified person must be provided to the principal certifying authority certifying that no such asbestos remains on site and a copy of the certificate must be forwarded, before any other work begins, to the following—
(i)  the Newcastle Port Corporation if the land is in the area of a port managed by it,
(ii)  Roads and Maritime Services if the land is in the area of a port vested in it,
(iii)  the Department of Planning and Environment,
(iv)  the council.
73   (Repealed)