State Environmental Planning Policy (Infrastructure) 2007
129 Development permitted without consent
(1) Despite clause 129A, development for the purpose of waterway or foreshore management activities may be carried out by or on behalf of a public authority without consent on any land.(1A) To avoid doubt, subclause (1) does not permit the subdivision of any land.(2) In this clause, a reference to development for the purpose of waterway or foreshore management activities includes a reference to development for any of the following purposes if the development is in connection with waterway or foreshore management activities—(a) construction works,(b) routine maintenance works,(c) emergency works, including works required as a result of flooding, storms or erosion,(d) environmental management works.(2A), (2B) (Repealed)(3) Development for the purpose of temporary works for or associated with drought relief may be carried out by or on behalf of a public authority without consent, but only if the development is—(a) carried out on land publicly identified by the Minister for Primary Industries as being in drought, and(b) removed, and the area rehabilitated, within 4 months after the date on which the area is no longer so identified.Note.Areas of NSW that are in drought are identified on the website of the Department of Primary Industries.