State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 6 August 2020 at 03:27)
Part 3 Division 4
Division 4 Electricity generating works or solar energy systems
33   Definitions
In this Division—
electricity generating works has the same meaning as it has in the Standard Instrument.
Note.
 
The term electricity generating works is defined by the Standard Instrument as follows—
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
prescribed residential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential,
(d)  Zone R4 High Density Residential,
(e)  Zone R5 Large Lot Residential,
(f)  Zone RU5 Village.
prescribed rural zone means any of the following land use zones or a land use zone that is equivalent to any of those zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU3 Forestry,
(d)  Zone RU4 Primary Production Small Lots.
prescribed rural, industrial or special use 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)  RU3 Forestry,
(d)  RU4 Primary Production Small Lots,
(e)  IN1 General Industrial,
(f)  IN2 Light Industrial,
(g)  IN3 Heavy Industrial,
(h)  IN4 Working Waterfront,
(i)  SP1 Special Activities,
(j)  SP2 Infrastructure.
small wind turbine means a wind turbine that has a generating capacity of no more than 100kW.
small wind turbine system means a system comprising one or more small wind turbines each of which feed into the same grid or battery bank.
solar energy system means any of the following systems—
(a)  a photovoltaic electricity generating system,
(b)  a solar hot water system,
(c)  a solar air heating system.
waste or resource management facility has the same meaning as in the Standard Instrument.
34   Development permitted with consent
(1)  Development for the purpose of electricity generating works may be carried out by any person with consent on the following land—
(a)  in the case of electricity generating works comprising a building or place used for the purpose of making or generating electricity using waves, tides or aquatic thermal as the relevant fuel source—on any land,
(b)  in any other case—any land in a prescribed rural, industrial or special use zone.
(2)  Development for the purpose of a back-up electricity generating plant that operates for not more than 200 hours in any year may be carried out by any person with consent on any land.
(2A)  Development for the purpose of the expansion of existing electricity generating works may be carried out by or on behalf of a public authority with consent on any land that is adjacent to the existing works.
(2B)  Consent is not required to carry out any such development on land if the development could, but for subclause (2A), be carried out on that land without consent.
(3)  Development for the purpose of, or resulting in, a change of fuel source of an existing coal or gas fired generating works by a proportion of more than 5 per cent in any 12 month period may only be carried out with consent.
(4)  If, under any environmental planning instrument (including this Policy), development for the purpose of—
(a)  industry, or
(b)  a waste or resource management facility,
may be carried out on land with consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person with consent on that land.
(5)  Without limiting subclause (1), development for the purpose of a small wind turbine system may be carried out by any person with consent on any land.
(6)  However, subclause (5) only applies in relation to land in a prescribed residential zone if—
(a)  the small wind turbine system has the capacity to generate no more than 10kW, and
(b)  the height of any ground-mounted small wind turbine in the system from ground level (existing) to the topmost point of the wind turbine is no more than 18m.
(7) Solar energy systems Development for the purpose of a solar energy system may be carried out by any person with consent on any land.
(8)    (Repealed)
35   Other development permitted with consent where electricity generating works permitted
If, under any environmental planning instrument (including this Policy), development for the purpose of coal-fired or gas-fired electricity generating works may be carried out on land with consent, development for the purpose of industry may also be carried out by any person with consent on that land if the industry—
(a)  is located close to the works, and
(b)  provides opportunities for energy efficiency or co-generation in the operation of the works.
36   Development permitted without consent
(1)  Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land—
(a)  the generation or distribution of hydro-electric power using existing dam infrastructure,
(b)  routine maintenance of, or emergency works relating to, electricity generating works,
(c)  the installation of plant that—
(i)  is on the site of, and required in connection with, existing electricity generating works, and
(ii)  does not increase the existing electricity generating capacity of the works by more than 2 percent.
(1A)  In subclause (1)(c), existing electricity generating capacity of works includes the electricity generating capacity of the works, as changed from time to time as a result of the alteration of the works (other than solely as a result of alterations that have been carried out in reliance on that paragraph).
(2)  If, under any environmental planning instrument (including this Policy), development for the purpose of sewage treatment plants may be carried out on land without consent, development for the purpose of electricity generating works that generate energy from waste, or from gas generated by waste, may also be carried out by any person without consent on that land.
(3) Solar energy systems Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if it is ancillary to—
(a)  an existing infrastructure facility, or
37   Complying development
(1) Small wind turbine systems Development for the purpose of a small wind turbine system is complying development on any land if—
(a)  the development complies with clause 20B, and
(b)  the land is not in a heritage conservation area, and
(c)  the system is installed no less than—
(i)  25 metres—in the case of a system that has a source sound power level of 0–70 dB(A), or
(ii)  40 metres—in the case of a system that has a source sound power level of 71–80 dB(A), or
(iii)  126 metres—in the case of a system that has a source sound power level of 81–90 dB(A), or
(iv)  200 metres—in the case of a system that has a source sound power level of more than 91 dB(A), or
(v)  200 metres—in the case of a system that has an unknown source sound power level,
from any dwelling that is not owned or occupied by the owner of the system, and
(d)  the system is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(e)  the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(f)  in the case of any ground-mounted small wind turbine in the system—the turbine 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 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(g)  in the case of land in a prescribed residential zone—
(i)  the system has the capacity to generate no more than 10kW, and
(ii)  if the system is ground-mounted—
(A)  the development will result in no more than one small wind turbine being situated on the lot concerned, and
(B)  the small wind turbine has a height of not more than 18m above ground level (existing), and
(C)  the small wind turbine is not installed forward of any existing building line on the lot concerned that faces a primary road, and
(iii)  if the system is not ground-mounted—
(A)  the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B)  each small wind turbine does not protrude more than 3m above any building to which it is attached (as measured from the point of attachment), and
(C)  each small wind turbine is not attached to a wall or roof facing a primary road, and
(h)  in the case of land in a prescribed rural, industrial or special use zone—
(i)  the system has the capacity to generate no more than 100kW, and
(ii)  if the system is ground-mounted—
(A)  the development will result in no more than 3 small wind turbines being situated on the lot concerned, and
(B)  each small wind turbine has a height of not more than 35m above ground level (existing), and
(iii)  if the system is not ground-mounted—
(A)  the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B)  each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment), and
(i)  in the case of land in any land use zone other than a land use zone referred to in paragraph (g) or (h)—
(i)  the system has the capacity to generate no more than 100kW, and
(ii)  if the system is ground-mounted—
(A)  the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(B)  each small wind turbine has a height of not more than 26m above ground level (existing), and
(iii)  if the system is not ground-mounted—
(A)  the development will result in no more than 4 small wind turbines being situated on the lot concerned, and
(B)  each small wind turbine does not protrude more than 5m above any building to which it is attached (as measured from the point of attachment).
(2) Solar energy systems Development for the purpose of a solar energy system is complying development on any land if—
(a)  the development complies with clause 20B, and
(b)  the land is not in a heritage conservation area, and
(c)  in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and
(d)  in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and
(e)  in the case of a system that is ground-mounted—
(i)  the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m2, and
(ii)  the system has a height of not more than 10m above ground level (existing), and
(iii)  the system is installed no less than 10m from any adjoining property boundary, and
(iv)  if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and
(v)  if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and
(f)  in the case of a system that is not ground-mounted—
(i)  the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and
Note.
 The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.
(ii)  the system does not involve mirrors or lenses to reflect or concentrate sunlight, and
(iii)  if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and
(iv)  if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—
(A)  the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and
(B)  the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and
(v)  the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.
(3)  For the purposes of subclause (1)(c), a source sound power level is a level that is measured at a wind speed of no less than 8 metres per second and in accordance with the International Standard IEC 61400—11 Noise Measurement.
38   Prohibited development
Development on any land for the purpose of electricity generating works that burn native forest bio-material (within the meaning of clause 57L of the Protection of the Environment Operations (General) Regulation 1998) is prohibited.
39   Exempt development
(1) Small wind turbine systems Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if—
(a)  it complies with clause 20 (other than clause 20(2)(f)), and
(b)  the system is ground-mounted, and
(c)  each small wind turbine has a height of not more than 35m from ground level (existing), and
(d)  each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and
(e)  the development will result in no more than 2 small wind turbines being situated on the lot concerned, and
(f)  each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(g)  each small wind turbine 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 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(h)  the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind systems under the Clean Energy Council’s wind endorsement scheme, and
(i)  if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.
(1A) Wind monitoring towers The installation of a wind monitoring tower used in connection with investigating or determining the feasibility of a small wind turbine system that has a generating capacity of no more than 1 MW is exempt development on any land if—
(a)  it complies with clause 20 (other than clause 20(2)(f)), and
(b)  the tower is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and
(c)  the tower 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 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
(d)  the tower is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and
(e)  if the land contains a State or local heritage item or is in a heritage conservation area—the tower is not visible from any road at the point where the road adjoins the property boundary concerned, and
(f)  in the case of land in a prescribed residential zone—
(i)  there is no other wind monitoring tower installed on the lot concerned, and
(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 18m, and
(iii)  the tower is installed no less than 18m from any dwelling that is not owned or occupied by the owner of the tower, and
(g)  in the case of land in a prescribed rural, industrial or special use zone—
(i)  there are no more than 2 other wind monitoring towers installed on the lot concerned, and
(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 35m, and
(iii)  the tower is installed no less than 35m from any dwelling that is not owned or occupied by the owner of the tower, and
(h)  in the case of land in any land use zone (other than a land use zone referred to in paragraph (f) or (g))—
(i)  there is no more than one other wind monitoring tower installed on the lot concerned, and
(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 26m, and
(iii)  the tower is installed no less than 26m from any dwelling that is not owned or occupied by the owner of the tower, and
(i)  in the case of a development application in relation to the small wind turbine system to be used in connection with the tower that is refused or withdrawn—the tower is demolished within 3 months after the decision to refuse or withdraw the application.
(2)  Development for the purpose of a wind monitoring tower used in connection with the investigation or determination of the feasibility of a wind farm that has a generating capacity of more than 1 MW is exempt development if—
(a)  it complies with clause 20, and
(b)  the tower—
(i)  is erected in accordance with the manufacturer’s specifications, and
(ii)  has a height of not more than 110m, and
(iii)  is removed within 30 months after its erection is completed, and
(c)  the site of the tower—
(i)  is enclosed by a fence that prevents unauthorised entry to the site, and
(ii)  is not within 100m of any public road, and
(iii)  is not within 1km of any other wind monitoring tower or a school, and
(iv)  is not within 1km of any dwelling except with the prior written permission of the owner of the dwelling, and
(v)  is not within 500m of any State heritage item, and
(vi)  does not affect a significant view to or from any such item that is identified in a conservation management plan (as defined by clause 3 of the Heritage Regulation 2005) for the item, and
(d)  before the tower is erected, the Civil Aviation Safety Authority (established under the Civil Aviation Act 1988 of the Commonwealth) is notified in writing of—
(i)  the tower’s “as constructed” longitude and latitude co-ordinates, and
(ii)  the ground level elevation at the base of the tower, referenced to the Australian Height Datum, and
(iii)  the height from ground level (existing) to the topmost point of the tower (including all attachments), and
(iv)  the elevation to the top of the tower (including all attachments), referenced to the Australian Height Datum, and
(v)  the date on which it is proposed to remove the tower.
(3) Solar energy systems Development for the purpose of a solar energy system is exempt development if—
(a)  it complies with clause 20 (other than clause 20(2)(f)), and
(b)  in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and
(c)  in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and
(d)  the system does not involve mirrors or lenses to reflect or concentrate sunlight, and
(e)  in the case of a system that is ground-mounted—
(i)  the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 150m2, and
(ii)  the system has a height of not more than 5m above ground level (existing), and
(iii)  the system is installed no less than 3m from any adjoining property boundary, and
(iv)  if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and
(v)  if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and
(f)  in the case of a system that is not ground-mounted—
(i)  the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and
Note.
 The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.
(ii)  if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and
(iii)  if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road—
(A)  the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and
(B)  the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and
(iv)  if the land contains a State or local heritage item or is in a heritage conservation area—
(A)  the system is not attached to any wall or roof of a building facing a primary road, and
(B)  the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and
(v)  the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.
(vi)    (Repealed)