State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:47)
Part 3 Division 13 Clause 68
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.