State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:07)
Part 3 Division 18
Division 18 Sewerage systems
105   Definitions
In this Division—
biosolids treatment facility, sewage reticulation system, sewage treatment plant, sewerage system and water recycling facility have the same meanings as in the Standard Instrument.
Northside Storage Tunnel means—
(a)  a tunnel running from Thorn Street, Hunters Hill to the North Head Sewage Treatment Plant, Manly, and
(b)  a branch tunnel to Scotts Creek, and
(c)  branch bores to two outlets at Tarban Creek, namely, the Huntley’s Point submain and the Woolwich submain, and
(d)  a branch shaft to South Willoughby, and
(e)  a branch tunnel to Shelly Beach.
prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—
(a)  RU1 Primary Production,
(b)  RU2 Rural Landscape,
(c)  RU4 Primary Production Small Lots,
(d)  IN1 General Industrial,
(e)  IN3 Heavy Industrial,
(f)  SP1 Special Activities,
(g)  SP2 Infrastructure.
106   Development permitted with or without consent
(1)  Development is carried out in the prescribed circumstances if the development—
(a)  is carried out by or on behalf of a public authority, or
(b)  consists of the construction or operation of water industry infrastructure and, under the Water Industry Competition Act 2006, a network operator’s licence is required before the development may be carried out.
(2)  Development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances.
(2A)  In any other circumstances, development for the purpose of sewage treatment plants or biosolids treatment facilities may be carried out with consent on land in a prescribed zone.
(3)  Development for the purpose of water recycling facilities may be carried out without consent on land in a prescribed zone in the prescribed circumstances.
(3A)  In any other circumstances, development for the purpose of water recycling facilities may be carried out with consent if—
(a)  the land on which the development is carried out is in a prescribed zone, or
(b)  the development is ancillary to an existing land use.
(3B)  Development for the purpose of sewage reticulation systems may be carried out without consent on any land in the prescribed circumstances.
(3C)  In any other circumstances, development for the purpose of sewage reticulation systems may be carried out with consent on any land.
(3D)  Development for the purpose of water recycling facilities or sewage reticulation systems 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.
(4)  Development for the purpose of the Northside Storage Tunnel may be carried out by or on behalf of Sydney Water Corporation without consent on land in any of the following local government areas—
(a)  Hunters Hill,
(b)  Lane Cove,
(c)  Leichhardt,
(d)  Manly,
(e)  Mosman,
(f)  North Sydney,
(g)  Willoughby.
(5)  A reference in this Division to development for the purpose of a sewerage system of any kind includes a reference to development for any of the following purposes if the development is in connection with the sewerage system—
(a)  pumping stations, pipelines and tunnels,
(b)  temporary storage, including reservoirs, and transfer works to reticulate sewage or treated effluent,
(c)  effluent and biosolids reuse schemes,
(c1)  sewage or effluent treatment systems, including artificial wetlands,
(d)  power supply to the development,
(e)  energy generating works,
(f)  construction works,
(g)  routine maintenance works,
(h)  environmental management works,
(i)  maintenance depots.
(6)  In this clause, network operator’s licence and water industry infrastructure have the same meanings as in the Water Industry Competition Act 2006.
107   Exempt development
Development for any of the following purposes carried out by or on behalf of a public authority is exempt development if the development is in connection with a sewerage system and complies with clause 20—
(a)  emergency works or emergency maintenance to protect a sewerage system, if they involve no greater soil or vegetation disturbance than necessary,
(b)    (Repealed)
(c)  routine maintenance or associated landscaping works, including the following, if any disturbance to soil or vegetation is no greater than necessary—
(i)  removal of litter, silt or debris from any part of the sewerage system,
(ii)  harvesting of macrophytes associated with a treatment system,
(iii)  excavations to expose a pipeline for inspection or testing and the creation of temporary stockpiles associated with pipeline maintenance or replacement,
(iv)  flushing or relining of a pipeline if access is by a manhole,
(v)  maintenance of access tracks or fire trails (including access tracks along or to corridors, pipelines or other infrastructure),
(vi)  painting, servicing or minor alteration of existing equipment,
(vii)  alterations to existing enclosures or buildings,
(viii)  maintenance or replacement of sewerage system components that does not increase capacity (or increases capacity only to a minimal extent),
(d)  installation or maintenance of a cathodic protection system or trunk drainage channel pipeline marker,
(e)  works for safety or security, such as—
(i)  construction, maintenance or realignment of security fencing that has a height above ground level (existing) of not more than 3.2m, or
(ii)  temporary fencing around work sites or around open excavations, or
(iii)  maintenance of existing gates or installation of new gates, or
(iv)  slope stability works,
(f)  temporary structures associated with maintenance projects, but only if the structure has only one storey.