State Environmental Planning Policy (Infrastructure) 2007
129C Subdivision of land permitted with consent
(1) Despite any other environmental planning instrument, land owned by Roads and Maritime Services that is in or adjacent to Sydney Harbour and that is subject to a lease that was entered before the commencement of this Division may be subdivided with development consent.(2) The consent authority must not give development consent to subdivision under this clause unless the consent authority is satisfied that the subdivision is necessary for the purposes of—(a) renewing, for a period of 5 years or more, the lease to which the land is subject, or(b) entering, for a period of 5 years or more, a new lease over the land subject to the lease with the same lessee.(3) Before granting consent to subdivision under this clause the consent authority must consider whether, and to what extent, the subdivision is likely to result in any reduction in public access to the foreshore or waterways.(4) Land is subject to a lease for the purposes of this clause even if any written lease has expired if the lessee has, with the consent of the lessor, continued to occupy the land.(5) In this clause—Sydney Harbour includes all tidal bays, rivers and their tributaries connected with or leading to Sydney Harbour, and all waters bounded by mean high water mark and lying to the west of a line running between the southernmost point of North Head and the northernmost point of South Head.