State Environmental Planning Policy (Infrastructure) 2007
Current version for 26 June 2020 to date (accessed 6 August 2020 at 03:32)
Part 3 Division 4 Clause 39
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)