State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:49)
Part 3 Division 21
Division 21 Telecommunications and other communication facilities
Note.
 The installation of telecommunications facilities identified as low impact facilities by a determination made under clause 6(3) of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth may be exempt under that Schedule from State laws.
113   Definitions
In this Division and Schedule 3A—
ancillary facilities to a telecommunications facility means any of the following—
(a)  safety rails, fences or guards,
(b)  staircases or ladders,
(c)  steel walkways,
(d)  spreader beams supporting shelters,
(e)  screens or shrouds,
(f)  cable trays,
(g)  pole, rail or pedestal mounts,
(h)  electromagnetic energy, safety or operational signage,
(i)  anti-climbing devices,
(j)  power supply such as cabling, standby generators or small solar arrays,
(k)  raised platforms on flood liable land.
array of antennas means two or more antennas connected and arranged in a regular structure to form a single antenna.
carrier has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.
Civil Aviation Safety Authority means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth.
co-location purpose means for the purpose of placing the telecommunications facilities of two or more carriers on the same support structure.
directional antenna means an antenna that focuses a narrow beam in a single specific direction, and includes an array of such antennas.
Electromagnetic Radiation Standard means the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2014 made under section 162 of the Radiocommunications Act 1992 of the Commonwealth.
emergency, in relation to a telecommunications facility, means circumstances in which the facility must be installed without delay to protect—
(a)  the integrity of a telecommunications network or a facility, or
(b)  the health or safety of persons, or
(c)  the environment, or
(d)  property, or
(e)  the maintenance of an adequate level of service.
equivalent land use zone, in relation to a named land use zone, means a land use zone that is equivalent to the named land use zone.
Note.
 Land use zones that are named in this Policy are those set out in the Standard Instrument. See also clause 6 for the meaning of a land use zone that is equivalent to a named land use zone.
fibre access node means a facility that houses equipment for the purposes of a fibre to the premises distribution network.
fibre to the premises distribution network means an extensive network of optical fibre cables reaching all the way to the particular premises to which communications services are provided.
heritage item means a local heritage item or a State heritage item.
interconnect point means a facility that contains connection points for connection to a distribution network by wholesale or retail telecommunications service providers.
maintenance activities, in relation to a telecommunications facility, means painting, restoration or minor replacement of materials, elements, components, equipment or fixtures that comprise the facility for the purposes of maintaining or ensuring the proper functioning of the facility.
microcell installation means an installation that comprises one or more antennas and associated equipment cabinets for use in supplementing a mobile phone network in heavy usage areas by providing localised additional coverage or extra call capacity (or both).
Mobile Phone Base Station Code means the code published by Communications Alliance Ltd entitled C564:2011 Mobile Phone Base Station Deployment.
omnidirectional antenna means an antenna that sends or receives signals equally in all directions, and includes—
(a)  an array of such antennas, and
(b)  such an antenna for repeater installations, global positioning systems and the like.
panel antenna means a directional antenna that is flat and has a panel-like appearance.
Radiation Protection Standard means the Radiation Protection Standard entitled Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz (2002, Radiation Protection Series No 3, as republished in 2016) published by the Australian Radiation Protection and Nuclear Safety Agency.
subscriber connection means an installation for the sole purpose of connecting premises to a telecommunications network.
support mount, in relation to a telecommunications facility, means a structure to support the facility, but does not include a tower.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network has the same definition as it has in the Standard Instrument.
Note.
 
The Standard Instrument defines telecommunications network as follows—
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
tower means a freestanding ground-based structure that supports a telecommunications facility at a height where it can satisfactorily send and receive radio waves, but does not include the facility.
yagi antenna means an antenna that radiates in only one direction, consisting of one or two dipoles connected to the transmitting or receiving circuit, and several insulated dipoles all parallel and about equally spaced in a line.
114   Development permitted without consent
(1)  Development for the purposes of telecommunications facilities (including radio facilities) may be carried out by a public authority without consent on any land.
(2)  Before a public authority undertakes the development of a tower or mast under this clause, the public authority must—
(a)  give written notice of its intention to carry out the development to the council of the area in which the land is located (unless the authority is that council) and to the occupiers of any adjoining land, and
(b)  take into consideration any response to the notice that is received within 21 days after the notice is given, and
(c)  take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Secretary for the purposes of this clause and published in the Gazette.
(3)  Development for the purpose of co-locating telecommunications network cables on electricity or cable poles or with underground electricity or cable facilities, other than subscriber connections, may be carried out by any person without consent on any land.
(3A)  To avoid doubt, development does not cease to be development permitted under subclause (3) if a cable is not co-located on a pole for safety reasons.
(4)  Development for the purpose of subscriber connections, other than development of a kind specified in clause 116, may be carried out by any person without consent on any land unless the subscriber’s premises, or any land traversed by the connection, is a State or local heritage item or is located in a heritage conservation area.
(5)  Development for the purposes of an underground telecommunications network cable, other than subscriber connections, may be carried out by any person without consent on any land if the existing electricity or telecommunications network cable facilities are located underground.
(6)  Before carrying out development to which subclause (5) applies, a person must—
(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located, and
(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.
(7)  Development for the purposes of a new or existing fibre access node (including the extension of the area of an existing fibre access node or the installation of equipment, plant or structures in an existing fibre access node or an associated building) may be carried out by any person without consent on any land.
(8)  Before carrying out development to which subclause (7) applies that is not a project to which Part 3A of the Act applies or State significant infrastructure, a person must—
(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located and to the occupiers of adjoining and adjacent land, and
(b)  take into consideration any response to the notice that is received within 21 days after the notice is given.
114A   Development permitted without consent—submarine cables
Development for the purpose of submarine telecommunication cables (and any attached devices) laid on or under the seabed beneath the coastal waters of the State and below the mean high water mark, being cables used for communications between Australia and other countries, may be carried out by any person without consent on any land.
115   Development permitted with consent
(1)  Development for the purposes of telecommunications facilities, other than development in clause 114 or development that is exempt development under clause 20 or 116, may be carried out by any person with consent on any land.
(2)    (Repealed)
(3)  Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Secretary for the purposes of this clause and published in the Gazette.
116   Exempt development
(1)  Development carried out by or on behalf of any person on land in connection with a telecommunications facility is exempt development if—
(a)  it is for any of the purposes specified in Part 1 of Schedule 3A, and
(b)  it meets the development standards (if any) for the development specified in Part 1 of Schedule 3A, and
(c)  it complies with clause 20, and
(d)  the land on which the development is proposed to be carried out is not located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(e)    (Repealed)
(f)  in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies—
(i)  it complies with that Code, and
(ii)  it is designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, and
Note.
 If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.
(g)  in the case of development for the purpose of boring or directional drilling in connection with a telecommunications facility or for the purpose of an underground conduit or cable deployed by either trench or direct burial—
(i)  access to business premises is not restricted between the hours of 7 am and 5 pm, Monday to Friday, or such other hours agreed to by the relevant local government authority (ie, any hours within the range of 7 am to 5 pm), and
(ii)  where the development is on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone—not more than 100 metres of excavation is left open at any time and vehicle access to each affected property is not lost for more than 8 hours in total, and
(h)  it complies with any relevant site and height requirements specified by the Civil Aviation Regulations 1988, Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, and
Note
 See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.
(i)  it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(j)    (Repealed)
(2)  Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 1 of Schedule 3A is exempt development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation.
116A   Complying development
(1)  Development carried out by or on behalf of any person on land in connection with a telecommunications facility (other than exempt development under clause 20A or 116) is complying development if—
(a)  it is for any of the purposes specified by Part 2 of Schedule 3A, and
(b)  it meets the development standards (if any) for the development specified in Part 2 of Schedule 3A, and
(c)  it complies with the requirements of this clause and clause 20B.
(2)  To be complying development, the development—
(a), (b)    (Repealed)
(c)  must not be carried out on land located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(d)  in the case of development that involves the installation of equipment—must be carried out in accordance with the applicable specifications (if any) of the manufacturer for the installation of such equipment, and
(e)  in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies—must—
(i)  comply with that Code, and
(ii)  be designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, and
Note.
 If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.
(f)  must comply with any relevant site and height requirements specified by the Civil Aviation Regulations 1988, Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, and
Note
 See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.
(g)  must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(h), (i)    (Repealed)
(3)  Despite subclause (1), development for any of the purposes specified in items 1, 2 or 3 of Part 2 of Schedule 3A is complying development only if it is carried out by or on behalf of a public authority, a carrier or an emergency services organisation.
116B   Complying development certificates—additional conditions
A complying development certificate for development that is complying development under this Division is subject to the following conditions—
(a)  the conditions set out in clause 20C,
(b)  if the development is part of infrastructure for a public mobile phone network—the principal certifying authority must, before work commences, be given—
(i)  in the case of development that will produce electromagnetic radiation—a report in the format required by the Australian Radiation Protection and Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and
(ii)  a report showing compliance with the Mobile Phone Base Station Code.
116C   Relationship of this Division with Telecommunications Act 1997 of Commonwealth
(1)  If a carrier is authorised to carry out development for a particular purpose by Division 2, 3 or 4 of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, this Division does not authorise or permit the carrier to carry out development for that purpose otherwise than in accordance with the authority given by that Act.
(2)  If the development that a carrier proposes to carry out is not authorised by Division 2, 3 or 4 of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, nothing in this Division prevents the carrier from carrying out development for that purpose in a manner authorised or permitted by this Division.
A consent authority is not required to have regard to guidelines issued for the purposes of clause 115(3) (as inserted by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010) in relation to development applications made, but not finally determined, before the commencement of that subclause.