State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 9 August 2020 at 01:38)
Part 3 Division 4 Clause 34
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(8)    (Repealed)