State Environmental Planning Policy (Infrastructure) 2007
79 Development permitted without consent—rail infrastructure facilities generally
(1) Development for the purpose of a railway or rail infrastructure 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 without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development—(a) is authorised by or under that Act, or(b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or(c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.(2) In this clause, a reference to development for the purpose of a railway or rail infrastructure facilities includes a reference to operation of a railway and to development for any of the following purposes if the development is in connection with a railway or rail infrastructure facilities—(a) construction works (whether or not in a heritage conservation area), including—(i) temporary crushing plants, or temporary concrete batching plants, that are in or adjacent to a rail corridor and used solely in connection with the construction of a railway, and(ii) track support earthworks, and(iii) alteration, demolition or relocation of a local heritage item, and(iv) alteration or relocation of a State heritage item, and(v) temporary buildings, or temporary facilities for the management of railway construction, that are in or adjacent to a rail corridor,(b) emergency works or routine maintenance works,Note.See clause 8(4) regarding emergency works and routine maintenance works on land to which clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 apply.(c) maintenance of an existing rail infrastructure facility,(d) environmental management works.(3) Development for the following purposes may be carried out by or on behalf of a rail authority for a rail corridor without consent on land in a prescribed zone—(a) any of the following if the development is carried out in a car park intended for use by commuters that is owned, leased, managed or controlled by a rail authority—(i) vehicle share car parking,(ii) vehicle hire,(iii) vehicle servicing and cleaning,(b) markets if the development is carried out on land used for the purpose of a railway station or on any land that is owned, leased, managed or controlled by a rail authority no more than once per calendar month.