State Environmental Planning Policy (Infrastructure) 2007
41 Development permitted without consent
(1) Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development—(a) is authorised by or under that Act, or(b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or(c) is carried out on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement, or(d) is an electricity work to which section 53 of the Electricity Supply Act 1995 applies.(2) In this clause, a reference to development for the purpose of an electricity transmission or distribution network includes a reference to development for any of the following purposes if the development is in connection with such a network—(a) construction works (whether or not in a heritage conservation area), including—(i) laying and installation of cables and cable pits, co-location of cabling and erection of ventilation and access structures, bridges and tunnel adits, and construction of a tunnel or conduit for an underground cable, and(ii) alteration, demolition or relocation of a local heritage item, and(iii) alteration or relocation of a State heritage item, and(iv) installation of overhead wires and associated component parts, including support structures, and(v) construction of access tunnels or access tracks,(b) emergency works or routine maintenance works,Note.See clause 8(4) regarding emergency works and routine maintenance works on land to which clauses 10 and 11 of State Environmental Planning Policy (Coastal Management) 2018 apply.(c) environmental management works,(d) establishment of a new substation or an increase in the area of existing substation yards or the installation of equipment, plant or structures in existing substation yards or substation buildings,(e) above or below ground co-location of telecommunications cabling and associated structures,(f) an electricity generating unit to provide temporary support to the network, but only if—(i) the combined capacity of all units at the premises where the unit is located, or is intended to be located, does not exceed 5 megawatts, and(ii) none of the units is operated, or is intended to be operated, for more than 200 hours in any 12 month period.