{"id":"nsw:epi-2021-0724","name":"State Environmental Planning Policy (Planning Systems) 2021","slug":"state-environmental-planning-policy-planning-systems-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"724 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181095,"registerId":"nsw-nsw:epi-2021-0724-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to identify development that is State significant development,\n> \n> > (b) to identify development that is State significant infrastructure and critical State significant infrastructure,\n> \n> > (c) to identify development that is regionally significant development.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General\n\n**pt 2.2, div 1, hdg:** Ins 2025 (616), Sch 1\\[1\\].","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Alternative design excellence pathway","content":"## Division 2 Alternative design excellence pathway\n\nDivision 2 Alternative design excellence pathway\n\n**pt 2.2, div 2:** Ins 2025 (616), Sch 1\\[2\\].\n\n**pt 2.2, div 2, sdiv 1:** Ins 2025 (616), Sch 1\\[2\\].\n\n**pt 2.2, div 2, sdiv 2:** Ins 2025 (616), Sch 1\\[2\\].\n\n**pt 2.2, div 2, sdiv 3:** Ins 2025 (616), Sch 1\\[2\\].","sortOrder":19},{"sectionNumber":"ch.2-pt.2.2-div.2-sdiv.2.1","sectionType":"division","heading":"Preliminary","content":"### ch.2-pt.2.2-div.2-sdiv.2.1 Preliminary\n\nSubdivision 2.1 Preliminary","sortOrder":20},{"sectionNumber":"ch.2-pt.2.2-div.2-sdiv.2.2","sectionType":"division","heading":"ADE pathway for residential SSD","content":"### ch.2-pt.2.2-div.2-sdiv.2.2 ADE pathway for residential SSD\n\nSubdivision 2.2 ADE pathway for residential SSD","sortOrder":24},{"sectionNumber":"ch.2-pt.2.2-div.2-sdiv.2.3","sectionType":"division","heading":"Other","content":"### ch.2-pt.2.2-div.2-sdiv.2.3 Other\n\nSubdivision 2.3 Other","sortOrder":27},{"sectionNumber":"Part 3","sectionType":"part","heading":"Preliminary","content":"# Part 3 Preliminary\n\nPart 3.1 Preliminary","sortOrder":45},{"sectionNumber":"3","sectionType":"section","heading":"Aims of Chapter","content":"#### 3 Aims of Chapter\n\n3.1 Aims of Chapter\n\n> The aims of this Chapter are—\n> \n> > (a) to provide for development delivery plans for areas of land owned by Aboriginal Land Councils to be considered when development applications are considered, and\n> \n> > (b) to declare specified development carried out on land owned by Aboriginal Land Councils to be regionally significant development.\n> \n> **s 3.1:** Am 2022 (822), Sch 1\\[1\\].","sortOrder":46},{"sectionNumber":"4","sectionType":"section","heading":"Land to which Chapter applies","content":"#### 4 Land to which Chapter applies\n\n4.1 Land to which Chapter applies\n\n> This Chapter applies to the State.","sortOrder":61},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State significant development—general","content":"# Schedule 1 State significant development—general\n\nSchedule 1 State significant development—general\n\n(Section 2.6(1))\n\n**sch 1:** Am 2022 (99), Sch 2\\[1\\]–\\[5\\]; 2022 (112), Sch 2.4; 2022 (202), sec 4; 2022 (349), Sch 2; 2022 (768), Sch 2\\[1\\] \\[2\\]; 2022 (825), Sch 2; 2023 (523), Sch 2.2\\[5\\]–\\[7\\]; 2023 (664), Sch 2.2\\[1\\]–\\[4\\]; 2024 (74), Sch 2\\[1\\]–\\[4\\]; 2024 (115), Sch 2.1; 2024 (334), Sch 2\\[1\\]–\\[3\\]; 2024 (653), Sch 1\\[3\\]–\\[9\\]; 2025 (3), Sch 1.","sortOrder":66},{"sectionNumber":"5","sectionType":"section","heading":"Mining","content":"#### 5 Mining\n\n5 Mining\n\n> > (1) Development for the purpose of mining that—\n> > \n> > > (a) is coal or mineral sands mining, or\n> > \n> > > (b) is in an environmentally sensitive area of State significance, or\n> > \n> > > (c) has an estimated development cost of more than $30 million.\n> \n> > (2) Extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.\n> \n> > (3) Development for the purpose of mining related works (including primary processing plants or facilities for storage, loading or transporting any mineral, ore or waste material) that—\n> > \n> > > (a) is ancillary to or an extension of another State significant development project, or\n> > \n> > > (b) has an estimated development cost of more than $30 million.\n> \n> > (4) Development for the purpose of underground coal gasification.\n> \n> > (5) This section does not apply to development specified in Schedule 1 to [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007](/view/html/repealed/current/epi-2007-0065).","sortOrder":71},{"sectionNumber":"6","sectionType":"section","heading":"Petroleum (oil and gas)","content":"#### 6 Petroleum (oil and gas)\n\n6 Petroleum (oil and gas)\n\n> > (1) Development for the purpose of petroleum production.\n> \n> > (2) Development for the purpose of petroleum related works (including pipelines and processing plants) that—\n> > \n> > > (a) is ancillary to or an extension of another State significant development project, or\n> > \n> > > (b) has an estimated development cost of more than $30 million.\n> \n> > (3) This section does not apply to coal seam gas development on or under land within a coal seam gas exclusion zone or land within a buffer zone (within the meaning of clause 9A of [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007](/view/html/repealed/current/epi-2007-0065)).\n> \n> > (4) In this section, petroleum production has the same meaning as it has in [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007](/view/html/repealed/current/epi-2007-0065).","sortOrder":72},{"sectionNumber":"7","sectionType":"section","heading":"Extractive industries","content":"#### 7 Extractive industries\n\n7 Extractive industries\n\n> > (1) Development for the purpose of extractive industry that—\n> > \n> > > (a) extracts more than 500,000 tonnes of extractive materials per year, or\n> > \n> > > (b) extracts from a total resource (the subject of the development application) of more than 5 million tonnes, or\n> > \n> > > (c) extracts from an environmentally sensitive area of State significance.\n> \n> > (2) Subsection (1)(c) does not apply to extraction—\n> > \n> > > (a) by a public authority in maintenance dredging of a tidal waterway, or\n> > \n> > > (b) in maintenance dredging of oyster lease areas, or adjacent areas, in Wallis Lake.\n> \n> > (3) Development for the purpose of extractive industry related works (including processing plants, water management systems, or facilities for storage, loading or transporting any construction material or waste material) that—\n> > \n> > > (a) is ancillary to or an extension of another State significant development project, or\n> > \n> > > (b) has an estimated development cost of more than $30 million.\n> \n> > (4) This section does not apply to development for the purpose of extractive industry or extractive industry related works that is part of a single proposed development if any other part of the development is State significant infrastructure.\n> \n> > (5) This section does not apply to development specified in Schedule 1 to [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007](/view/html/repealed/current/epi-2007-0065).","sortOrder":73},{"sectionNumber":"8","sectionType":"section","heading":"Geosequestration","content":"#### 8 Geosequestration\n\n8 Geosequestration\n\n> > (1) Development for the purpose of injection and geological storage of greenhouse gases.\n> \n> > (2) Development for the purpose of drilling or operating greenhouse gas geological exploration wells (not including stratigraphic boreholes or monitoring wells).","sortOrder":74},{"sectionNumber":"9","sectionType":"section","heading":"Metal, mineral and extractive material processing","content":"#### 9 Metal, mineral and extractive material processing\n\n9 Metal, mineral and extractive material processing\n\n> Development that has an estimated development cost of more than $30 million for any of the following purposes—\n> \n> > (a) metal or mineral refining or smelting, metal founding, rolling, drawing, extruding, coating, fabricating or manufacturing works or metal or mineral recycling or recovery,\n> \n> > (b) brickworks, ceramic works, silicon or glassworks or tile manufacture,\n> \n> > (c) cement works, concrete or bitumen pre-mix industries or related products,\n> \n> > (d) building or construction materials recycling or recovery.","sortOrder":75},{"sectionNumber":"10","sectionType":"section","heading":"Chemical, manufacturing and related industries","content":"#### 10 Chemical, manufacturing and related industries\n\n10 Chemical, manufacturing and related industries\n\n> > (1) Development that has an estimated development cost of more than $30 million for the purpose of the manufacture or reprocessing of the following (not including labelling or packaging)—\n> > \n> > > (a) soap, detergent or cleaning agents,\n> > \n> > > (b) paints, ink, dyes, adhesives, solvents,\n> > \n> > > (c) pesticides or inorganic fertiliser,\n> > \n> > > (d) pharmaceuticals or veterinary products,\n> > \n> > > (e) ammunition or explosives,\n> > \n> > > (f) oils, fuels, gas, petrochemicals or precursors,\n> > \n> > > (g) polymers, plastics, rubber or tyres,\n> > \n> > > (h) batteries or carbon black.\n> \n> > (2) Development with an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) liquid fuel depots,\n> > \n> > > (b) gas storage facilities,\n> > \n> > > (c) chemical storage facilities.\n> \n> > (3) Development for the purpose of the manufacture, storage or use of dangerous goods in such quantities that constitute the development as a major hazard facility within the meaning of Chapter 6B of the [Occupational Health and Safety Regulation 2001](/view/html/repealed/current/sl-2001-0648).\n> \n> > (4) This section does not apply to development on land within the area of the City of Sydney.","sortOrder":76},{"sectionNumber":"11","sectionType":"section","heading":"Other manufacturing industries","content":"#### 11 Other manufacturing industries\n\n11 Other manufacturing industries\n\n> > (1) Development that has an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) laboratory, research or development facilities,\n> > \n> > > (b) medical products manufacturing,\n> > \n> > > (c) printing or publishing,\n> > \n> > > (d) textile, clothing, footwear or leather manufacturing,\n> > \n> > > (e) furniture manufacturing,\n> > \n> > > (f) machinery or equipment manufacturing,\n> > \n> > > (g) the vehicle, defence or aerospace industry,\n> > \n> > > (h) vessel or boat building and repair facilities (not including marinas).\n> \n> > (2) Subsection (1)(b)–(f) does not apply to development on land within the area of the City of Sydney.","sortOrder":77},{"sectionNumber":"12","sectionType":"section","heading":"Warehouses or distribution centres","content":"#### 12 Warehouses or distribution centres\n\n12 Warehouses or distribution centres\n\n> > (1) Development that has an estimated development cost of more than the relevant amount for the purpose of warehouses or distribution centres (including container storage facilities) at one location and related to the same operation.\n> \n> > (2) Subsection (1) does not apply to the following development—\n> > \n> > > (a) development for the purposes of warehouses or distribution centres to which section 18 or 19 applies,\n> > \n> > > (b) development on land within the area of the City of Sydney.\n> \n> > (3) In this section—\n> > \n> > relevant amount means—\n> > \n> > > (a) for development in relation to which the relevant environmental assessment requirements are notified under the Act on or before 31 May 2023—$30 million, or\n> > \n> > > (b) for any other development—$50 million.","sortOrder":78},{"sectionNumber":"13","sectionType":"section","heading":"Cultural, recreation and tourist facilities","content":"#### 13 Cultural, recreation and tourist facilities\n\n13 Cultural, recreation and tourist facilities\n\n> > (1) Development that has an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) film production, the television industry or digital or recorded media,\n> > \n> > > (b) convention centres and exhibition centres,\n> > \n> > > (c) entertainment facilities,\n> > \n> > > (d) information and education facilities, including museums and art galleries,\n> > \n> > > (e) recreation facilities (major),\n> > \n> > > (f) zoos, including animal enclosures, administration and maintenance buildings, and associated facilities.\n> \n> > (2) Development for other tourist related purposes (but not including any commercial premises, residential accommodation and serviced apartments whether separate or ancillary to the tourist related component) that—\n> > \n> > > (a) has an estimated development cost of more than $100 million, or\n> > \n> > > (b) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance or a sensitive coastal location.\n> \n> > (3) Subsection (2) does not apply to development on land within the area of the City of Sydney.","sortOrder":79},{"sectionNumber":"14","sectionType":"section","heading":"Hospitals, medical centres and health research facilities","content":"#### 14 Hospitals, medical centres and health research facilities\n\n14 Hospitals, medical centres and health research facilities\n\n> > (1) Development that has an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) hospitals,\n> > \n> > > (b) medical centres,\n> > \n> > > (c) health, medical or related research facilities (which may also be associated with the facilities or research activities of a NSW local health district board, a University or an independent medical research institute).\n> \n> > (2) Subsection (1)(b) does not apply to development on land within the area of the City of Sydney.","sortOrder":80},{"sectionNumber":"15","sectionType":"section","heading":"Educational establishments","content":"#### 15 Educational establishments\n\n15 Educational establishments\n\n> > (1) Development that has an estimated development cost of more than $20 million that—\n> > \n> > > (a) is for the purpose of a new school, or\n> > \n> > > (b) involves the erection of a building for an existing school on land that, immediately before the commencement of the development, was not used for the purposes of a school.\n> \n> > (2) Development for the purposes of the erection of a building, or alterations or additions to an existing building, at an existing school that has an estimated development cost of more than $50 million.\n> \n> > (3) Development for the purposes of a tertiary institution, including an associated research facility, that has an estimated development cost of more than $50 million.\n> \n> > (4) This section does not apply to development that consists only of development for the purposes of campus student accommodation within the site of a school or tertiary institution.\n> \n> > (5) This section, as in force immediately before the commencement of [State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021](/view/pdf/asmade/epi-2021-776), Schedule 2 continues to apply to a development application made but not finally determined before the commencement.\n> \n> > (6) In this section—\n> > \n> > campus student accommodation has the same meaning as in [State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017](/view/html/repealed/current/epi-2017-0494).\n> > \n> > tertiary institution has the same meaning as in [State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017](/view/html/repealed/current/epi-2017-0494).","sortOrder":81},{"sectionNumber":"16","sectionType":"section","heading":"Correctional centres and correctional complexes","content":"#### 16 Correctional centres and correctional complexes\n\n16 Correctional centres and correctional complexes\n\n> > (1) Development for the purpose of a new correctional centre, or the expansion of an existing correctional complex, that has an estimated development cost of more than $30 million.\n> \n> > (2) In this section—\n> > \n> > correctional complex means any premises declared to be a correctional complex by a proclamation in force under section 224 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).","sortOrder":82},{"sectionNumber":"17","sectionType":"section","heading":"Air transport facilities","content":"#### 17 Air transport facilities\n\n17 Air transport facilities\n\n> Development for the purpose of air transport facilities that has an estimated development cost of more than $30 million.","sortOrder":83},{"sectionNumber":"18","sectionType":"section","heading":"Port facilities and wharf or boating facilities","content":"#### 18 Port facilities and wharf or boating facilities\n\n18 Port facilities and wharf or boating facilities\n\n> Development for the purpose of port facilities or wharf or boating facilities (not including marinas) that has an estimated development cost of more than $30 million.","sortOrder":84},{"sectionNumber":"19","sectionType":"section","heading":"Rail and related transport facilities","content":"#### 19 Rail and related transport facilities\n\n19 Rail and related transport facilities\n\n> > (1) Development that has an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) heavy railway lines associated with mining, extractive industries or other industry,\n> > \n> > > (b) railway freight terminals, sidings and inter-modal facilities.\n> \n> > (2) Development within a rail corridor or associated with railway infrastructure that has an estimated development cost of more than $30 million for any of the following purposes—\n> > \n> > > (a) commercial premises or residential accommodation,\n> > \n> > > (b) container packing, storage or examination facilities,\n> > \n> > > (c) public transport interchanges.","sortOrder":85},{"sectionNumber":"20","sectionType":"section","heading":"Electricity generating works and heat or co-generation","content":"#### 20 Electricity generating works and heat or co-generation\n\n20 Electricity generating works and heat or co-generation\n\n> Development for the purpose of electricity generating works or heat or their co-generation (using any energy source, including gas, coal, biofuel, distillate, waste, hydro, wave, solar or wind power) that—\n> \n> > (a) has an estimated development cost of more than $30 million, or\n> \n> > (b) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.","sortOrder":86},{"sectionNumber":"21","sectionType":"section","heading":"Water storage or water treatment facilities","content":"#### 21 Water storage or water treatment facilities\n\n21 Water storage or water treatment facilities\n\n> > (1) Development for the purpose of water storage or water treatment facilities (not including desalination plants) that has an estimated development cost of more than $30 million.\n> \n> > (2) Development for the purpose of desalination plants that has an estimated development cost of more than $10 million.","sortOrder":87},{"sectionNumber":"22","sectionType":"section","heading":"Sewerage systems","content":"#### 22 Sewerage systems\n\n22 Sewerage systems\n\n> Development for the purpose of sewerage systems that—\n> \n> > (a) handles more than 10,000 EP (equivalent population), or\n> \n> > (b) has an estimated development cost of more than $30 million, or\n> \n> > (c) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.","sortOrder":88},{"sectionNumber":"23","sectionType":"section","heading":"Waste and resource management facilities","content":"#### 23 Waste and resource management facilities\n\n23 Waste and resource management facilities\n\n> > (1) Development for the purpose of regional putrescible landfills or an extension to a regional putrescible landfill that—\n> > \n> > > (a) has a capacity to receive more than 75,000 tonnes per year of putrescible waste, or\n> > \n> > > (b) has a capacity to receive more than 650,000 tonnes of putrescible waste over the life of the site, or\n> > \n> > > (c) is located in an environmentally sensitive area of State significance.\n> \n> > (2) Development for the purpose of waste or resource transfer stations in metropolitan areas of the Sydney region that handle more than 100,000 tonnes per year of waste.\n> \n> > (3) Development for the purpose of resource recovery or recycling facilities that handle more than 100,000 tonnes per year of waste.\n> \n> > (4) Development for the purpose of waste incineration that handles more than 1,000 tonnes per year of waste.\n> \n> > (5) Development for the purpose of hazardous waste facilities that transfer, store or dispose of solid or liquid waste classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste that handles more than 1,000 tonnes per year of waste.\n> \n> > (6) Development for the purpose of any other liquid waste depot that treats, stores or disposes of industrial liquid waste and—\n> > \n> > > (a) handles more than 10,000 tonnes per year of liquid food or grease trap waste, or\n> > \n> > > (b) handles more than 1,000 tonnes per year of other aqueous or non-aqueous liquid industrial waste.","sortOrder":89},{"sectionNumber":"24","sectionType":"section","heading":"Remediation of contaminated land","content":"#### 24 Remediation of contaminated land\n\n24 Remediation of contaminated land\n\n> > (1) Development for the purpose of remediation of land that is category 1 remediation work on significantly contaminated land if the work is required to be carried out under the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140) by a management order that requires—\n> > \n> > > (a) the taking of action of the kind referred to in section 16(d) or (g) of that Act, or\n> > \n> > > (b) the preparation of a plan of management that provides for the taking of any such action.\n> \n> > (2) In this section, category 1 remediation work and remediation have the same meanings as in [State Environmental Planning Policy No 55—Remediation of Land](/view/html/repealed/current/epi-1998-0520).","sortOrder":90},{"sectionNumber":"25","sectionType":"section","heading":"Data centres","content":"#### 25 Data centres\n\n25 Data centres\n\n> > (1) Development for the purpose of data centres that has a total power consumption of more than the relevant amount.\n> \n> > (1A) Subsection (1) does not apply to development on land within the area of the City of Sydney.\n> \n> > (2) In this section—\n> > \n> > relevant amount means—\n> > \n> > > (a) for development in relation to which the relevant environmental assessment requirements are notified under the Act on or before 31 May 2023—10 megawatts, or\n> > \n> > > (b) for any other development—15 megawatts.","sortOrder":91},{"sectionNumber":"26","sectionType":"section","heading":"Housing development carried out by certain public authorities","content":"#### 26 Housing development carried out by certain public authorities\n\n26 Housing development carried out by certain public authorities\n\n> > (1) Development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation if the development—\n> > \n> > > (a) has an estimated development cost of more than $30 million, or\n> > \n> > > (b) will result in more than 75 dwellings.\n> \n> > (2) Development carried out by or on behalf of Landcom if—\n> > \n> > > (a) the development—\n> > > \n> > > > (i) has an estimated development cost of more than $30 million, or\n> > > \n> > > > (ii) will result in more than 75 dwellings, and\n> > \n> > > (b) at least 50% of the gross floor area of the development will be used for the purposes of affordable housing.","sortOrder":92},{"sectionNumber":"26A","sectionType":"section","heading":"In-fill affordable housing","content":"#### 26A In-fill affordable housing\n\n26A In-fill affordable housing\n\n> > (1) Development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 1 applies if—\n> > \n> > > (a) the part of the development that is residential development has an estimated development cost of—\n> > > \n> > > > (i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $75 million, or\n> > > > \n> > > > Note—\n> > > > \n> > > > The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n> > > \n> > > > (ii) for development on other land—more than $30 million, and\n> > \n> > > (b) the development does not involve development prohibited under an environmental planning instrument applying to the land.\n> \n> > (1A) In determining the estimated development cost for subsection (1)(a), the estimated development cost of existing residential development must be included if—\n> > \n> > > (a) the development will be carried out on the same land as the existing residential development, and\n> > \n> > > (b) the development will result in—\n> > > \n> > > > (i) for development on land to which subsection (1)(a)(i) applies—at least 40 additional dwellings, or\n> > > \n> > > > (ii) for development on land to which subsection (1)(a)(ii) applies—at least 20 additional dwellings.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) development to which [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 3, Part 4 applies, or\n> > \n> > > (b) a development application made, but not finally determined, before the commencement of this section.\n> \n> > (2A) This section, as in force immediately before the commencement of [State Environmental Planning Policy Amendment (Housing) 2024](/view/pdf/asmade/epi-2024-74), continues to apply to a development application made, but not finally determined, before the commencement.\n> \n> > (2B) Subsection (1A) applies only if the development application for the development is made—\n> > \n> > > (a) on or after 2 August 2024, and\n> > \n> > > (b) before 3 August 2025.\n> \n> > (3) In this section—\n> > \n> > existing residential development means residential development in relation to which development consent was granted after 14 December 2021.\n> > \n> > residential development has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 15B.","sortOrder":93},{"sectionNumber":"27","sectionType":"section","heading":"Build-to-rent housing","content":"#### 27 Build-to-rent housing\n\n27 Build-to-rent housing\n\n> > (1) Development permitted under the Housing SEPP, Chapter 3, Part 4 if—\n> > \n> > > (a) the proposed development has an estimated development cost of—\n> > > \n> > > > (i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $50 million, or\n> > > > \n> > > > Note—\n> > > > \n> > > > The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n> > > \n> > > > (ii) for development on other land—more than $30 million, and\n> > \n> > > (b) the tenanted component of the proposed development has a value of at least 60% of the estimated development cost of the proposed development, and\n> > \n> > > (c) for development on land in Zone B3 Commercial Core or Zone E2 Commercial Centre—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land, other than development for the purposes of multi dwelling housing, residential flat buildings or shop top housing, and\n> > \n> > > (d) for development on other land—the proposed development does not involve development that is prohibited under an environmental planning instrument applying to the land.\n> \n> > (2) Subsection (1) does not apply to development on land within the area of the City of Sydney.\n> \n> > (2A) Subsection (1)(d) does not apply to development on land for which a site compatibility certificate has been issued—\n> > \n> > > (i) under the Housing SEPP, section 39, or\n> > \n> > > (ii) [State Environmental Planning Policy (Affordable Rental Housing) 2009](/view/html/repealed/current/epi-2009-0364), clause 37, as in force immediately before its repeal.\n> \n> > (2B) This section, as in force immediately before the commencement of [State Environmental Planning Policy Amendment (Housing) 2024](/view/pdf/asmade/epi-2024-74), continues to apply to a development application made, but not finally determined, before the commencement.\n> \n> > (3) In this section—\n> > \n> > Housing SEPP means [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).\n> > \n> > tenanted component has the same meaning as in the Housing SEPP.","sortOrder":94},{"sectionNumber":"28","sectionType":"section","heading":"Seniors housing","content":"#### 28 Seniors housing\n\n28 Seniors housing\n\n> > (1) Development for the purposes of seniors housing if—\n> > \n> > > (a) the seniors housing component has an estimated development cost of—\n> > > \n> > > > (i) for development on land in the Greater Sydney region—more than $30 million, or\n> > > \n> > > > (ii) otherwise—more than $20 million, and\n> > \n> > > (b) the seniors housing component includes a residential care facility, and\n> > \n> > > (c) other components of the proposed development are not prohibited on the land under an environmental planning instrument.\n> \n> > (2) This section does not apply to development on land within the area of the City of Sydney.","sortOrder":95},{"sectionNumber":"29","sectionType":"section","heading":"Development in the Western Sydney Aerotropolis","content":"#### 29 Development in the Western Sydney Aerotropolis\n\n29 Development in the Western Sydney Aerotropolis\n\n> Development on land shown on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-planning-systems-2021) under [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 4 if the proposed development—\n> \n> > (a) has an estimated development cost of more than $30 million, and\n> \n> > (b) does not involve development—\n> > \n> > > (i) prohibited under the Chapter, or\n> > \n> > > (ii) to which that Policy, section 4.13A applies.","sortOrder":96},{"sectionNumber":"30","sectionType":"section","heading":"Cemeteries","content":"#### 30 Cemeteries\n\n30 Cemeteries\n\n> > (1) Development for the purposes of cemeteries that will create at least 5,000 sites for the interment of human remains other than cremated remains.\n> \n> > (2) In this section—\n> > \n> > human remains has the same meaning as in the [Cemeteries and Crematoria Act 2013](/view/html/inforce/current/act-2013-105).\n> > \n> > interment, of human remains, has the same meaning as in the [Cemeteries and Crematoria Act 2013](/view/html/inforce/current/act-2013-105).","sortOrder":97},{"sectionNumber":"31","sectionType":"section","heading":"Thermal energy from waste development","content":"#### 31 Thermal energy from waste development\n\n31 Thermal energy from waste development\n\n> > (1) Development for the purposes of electricity generating works, industry or waste or resource management facilities—\n> > \n> > > (a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and\n> > \n> > > (b) with an estimated development cost of—\n> > > \n> > > > (i) if the development is located in an environmentally sensitive area of State significance—more than $10 million, or\n> > > \n> > > > (ii) otherwise—more than $30 million.\n> \n> > (2) Development for the purposes of industry or waste or resource management facilities—\n> > \n> > > (a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and\n> > \n> > > (b) involving the incineration of more than 1,000 tonnes of waste per year.\n> \n> > (3) This section does not apply to proposed development the subject of a development application made, but not finally determined, before this section commenced.\n> \n> > (4) A word or expression used in this section has the same meaning as in the [Protection of the Environment Operations (General) Regulation 2022](/view/html/inforce/current/sl-2022-0449), Chapter 9, Part 4, unless otherwise defined in this section.\n> \n> > (5) In this section—\n> > \n> > waste has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).","sortOrder":98},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"State significant development—identified sites","content":"# Schedule 2 State significant development—identified sites\n\nSchedule 2 State significant development—identified sites\n\n(Section 2.6(1))\n\n**sch 2:** Am 2022 (827), Sch 2\\[2\\]; 2023 (523), Sch 2.2\\[8\\]; 2023 (664), Sch 2.2\\[5\\]; 2024 (584), Sch 2; 2024 (594), Sch 3; 2024 (653), Sch 1\\[10\\]; 2025 (82), Sch 2\\[4\\]–\\[7\\]; 2025 (171), Sch 2; 2025 (350), Sch 2; 2025 (403), Sch 2; 2025 (423), Sch 4\\[2\\]; 2025 (617), Sch 1; 2025 (618), Sch 1\\[2\\].","sortOrder":99},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"State significant infrastructure—general","content":"# Schedule 3 State significant infrastructure—general\n\nSchedule 3 State significant infrastructure—general\n\n(Section 2.13)\n\nNote.\n\nDevelopment within a category specified in this Schedule is not State significant infrastructure unless it is development that may be carried out without development consent under Part 4 of the Act (see section 5.12(3) of the Act and section 2.13).\n\n**sch 3:** Am 2022 (742), Sch 2\\[3\\]; 2023 (523), Sch 2.2\\[9\\]; 2025 (692), Sch 3.","sortOrder":125},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"State significant infrastructure—specified development on specified land","content":"# Schedule 4 State significant infrastructure—specified development on specified land\n\nSchedule 4 State significant infrastructure—specified development on specified land\n\n(Section 2.14)\n\nNote.\n\nSection 5.12(4) of the Act provides a procedure for specified development on specified land to be declared State significant infrastructure by SEPP or by Ministerial order that amends a SEPP (any such declaration has effect whether or not the development would otherwise require consent under Part 4 of the Act). Clause 5 of Schedule 6A to the Act also provides such a procedure for declaring Part 3A projects to be State significant infrastructure and that clause applies to the development listed in Part 1 of this Schedule.\n\n**sch 4:** Am 2023 (7), sec 3; 2023 (68), Sch 1; 2023 (97), Sch 1; 2023 (278), sec 3; 2023 (523), Sch 2.2\\[10\\]; 2025 (500), Sch 1; 2025 (652), Sch 1.","sortOrder":133},{"sectionNumber":"Part 1","sectionType":"part","heading":"Transitional projects","content":"# Part 1 Transitional projects\n\nPart 1 Transitional projects","sortOrder":134},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Critical State significant infrastructure","content":"# Schedule 5 Critical State significant infrastructure\n\nSchedule 5 Critical State significant infrastructure\n\n(Section 2.15)\n\n**sch 5:** Am 2022 (410), Sch 1; 2022 (541), sec 3; 2022 (616), sec 3; 2022 (617), Sch 1; 2022 (655), Sch 1\\[1\\]–\\[6\\]; 2022 (774), Sch 1; 2022 (792), sec 3; 2022 (876), Sch 1\\[1\\]–\\[4\\]; 2023 (1), Sch 1\\[1\\]–\\[3\\]; 2023 (66), sec 3(1) (2); 2023 (96), Sch 1; 2023 (498), sec 3; 2024 (176), Sch 1\\[1\\]–\\[3\\]; 2024 (237), Sch 1; 2024 (238), Sch 1; 2024 (239), Sch 1; 2024 (240), Sch 1; 2024 (241), Sch 1; 2024 (242), Sch 1; 2026 (23), Sch 1; 2026 (24), Sch 1.","sortOrder":148},{"sectionNumber":"7A","sectionType":"section","heading":"Parramatta Light Rail Stage 1 Project","content":"#### 7A Parramatta Light Rail Stage 1 Project\n\n7A Parramatta Light Rail Stage 1 Project\n\n> > (1) Development for the purposes of the Parramatta Light Rail Stage 1 Project being—\n> > \n> > > (a) the construction and operation of new passenger light rail infrastructure from Westmead to Parramatta and on to Camellia, including—\n> > > \n> > > > (i) light rail tracks and associated works, and\n> > > \n> > > > (ii) light rail stops and facilities, and\n> > \n> > > (b) the construction and operation of new passenger light rail infrastructure from Camellia to Carlingford, generally along the existing rail corridor including—\n> > > \n> > > > (i) light rail tracks and associated works, and\n> > > \n> > > > (ii) light rail stops and facilities, and\n> > > \n> > > > (iii) stabling and maintenance facilities and an associated rail turnback.\n> \n> > (2) Development that is ancillary to any other development in this section including—\n> > \n> > > (a) construction of rail and bus interchange facilities, modification of bus facilities, railway stations, public amenities, pedestrian and cycle facilities and urban design features (including fencing, landscaping, lighting and planting trees), the modification and replacement of substations, utilities, amenities and signage and road and bridge modification works, and\n> > \n> > > (b) removal of heavy rail equipment including tracks, sleepers, ballast, posts, signals, trackside equipment, overhead wire structures, wires and other equipment along the former Sandown Line and the Carlingford Line from Carlingford to Parramatta Road Level Crossing at Clyde, and\n> > \n> > > (c) removal of the Parramatta Road Level Crossing at Clyde.\n> \n> > (3) The development includes work in the suburbs of Westmead, North Parramatta, Parramatta, Rosehill, Camellia, Rydalmere, Dundas, Telopea, Carlingford, Granville and Clyde.\n> \n> > (4) In this section, development does not include—\n> > \n> > > (a) surveys, test drilling, test excavations, geotechnical investigations or other tests, sampling or investigation for the purposes of the design or assessment of the project, or\n> > \n> > > (b) any remediation work at Lot 3, DP 843591 (known as 4 Grand Avenue, Rosehill) that has already been the subject of a determination under Division 5.1 of the Act.","sortOrder":156},{"sectionNumber":"32","sectionType":"section","heading":"Dungowan Dam and Pipeline Project","content":"#### 32 Dungowan Dam and Pipeline Project\n\n32 Dungowan Dam and Pipeline Project\n\n> > (1) Development for the purposes of a new dam and pipeline located at Ogunbil in the Tamworth Regional local government area, including the following—\n> > \n> > > (a) construction and operation of a dam with up to 22.5GL of storage,\n> > \n> > > (b) construction and operation of a bulk water pipeline from the dam to intersect with the pipeline at the existing Chaffey Dam,\n> > \n> > > (c) decommissioning the existing Dungowan Dam and related infrastructure and services,\n> > \n> > > (d) rehabilitation of the storage area of the existing Dungowan Dam,\n> > \n> > > (e) ancillary development, including construction and operation of pipeline connection spurs, upgrade or construction of access roads, utilities infrastructure, construction accommodation and construction compounds.\n> \n> > (2) The development does not include surveys, test drilling, test excavation, geotechnical investigations or other tests, sampling or investigations.","sortOrder":181},{"sectionNumber":"33","sectionType":"section","heading":"Warragamba Dam project","content":"#### 33 Warragamba Dam project\n\n33 Warragamba Dam project\n\n> > (1) Development for the purposes of the Warragamba Dam project, being a project to increase the capacity of Lake Burragorang for the purposes of flood mitigation.\n> \n> > (2) The development includes—\n> > \n> > > (a) increasing the height of spillways by up to 14 metres, and\n> > \n> > > (b) increasing the height of the roadway above the wall of the dam by up to 17 metres, and\n> > \n> > > (c) the construction of an upstream multi-level intake and downstream valve house using existing pipe infrastructure to facilitate environmental flows, and\n> > \n> > > (d) ancillary development, including development for the purposes of control and monitoring equipment, construction compounds, infrastructure used to transport material to the site (including roads or cableways), utilities infrastructure, signage, recreational facilities and landscaping and urban design features.\n> \n> > (3) The development is to be carried out on land at Farnsworth Avenue and Weir Road, Warragamba, being Lot 1, DP 87998 and Lot 1124, DP 1159978.\n> \n> > (4) In this section—\n> > \n> > development does not include surveys, test drilling, archaeological investigations, geotechnical investigations, contamination investigations or other tests, surveys, sampling or investigations for the purposes of the design or assessment of the project.","sortOrder":182},{"sectionNumber":"34","sectionType":"section","heading":"Narrabri Lateral Pipeline project","content":"#### 34 Narrabri Lateral Pipeline project\n\n34 Narrabri Lateral Pipeline project\n\n> > (1) Development for the purposes of the Narrabri Lateral Pipeline project, to provide a gas pipeline connecting the Narrabri Gas project and the Queensland-Hunter Gas Pipeline.\n> \n> > (2) The development includes—\n> > \n> > > (a) the construction and operation of the following—\n> > > \n> > > > (i) a gas transmission pipeline capable of supplying up to approximately 200 terajoules of gas per day,\n> > > \n> > > > (ii) associated or ancillary infrastructure and facilities, including scraper stations, meter stations, pressure let-down facilities and communications towers,\n> > > \n> > > > (iii) temporary construction facilities, including laydown and storage areas, access tracks and construction camps, and\n> > \n> > > (b) the decommissioning of the gas transmission pipeline, associated or ancillary infrastructure and temporary facilities, and\n> > \n> > > (c) the rehabilitation of the project site.\n> \n> > (3) The development is to be carried out on land in the Narrabri local government area.\n> \n> > (4) In this section—\n> > \n> > development does not include surveys, test drilling, archaeological investigations, geotechnical investigations, contamination investigations or other tests, surveys, sampling or investigations for the purpose of assessing the project.","sortOrder":183},{"sectionNumber":"35","sectionType":"section","heading":"Parramatta Light Rail Stage 2 Project","content":"#### 35 Parramatta Light Rail Stage 2 Project\n\n35 Parramatta Light Rail Stage 2 Project\n\n> > (1) Development for the purposes of the Parramatta Light Rail Stage 2 Project, being the construction and operation of new passenger light rail infrastructure from Parramatta to Lidcombe, including—\n> > \n> > > (a) light rail tracks and associated works, and\n> > \n> > > (b) light rail stops and facilities, and\n> > \n> > > (c) stabling and maintenance facilities and associated rail turnbacks.\n> \n> > (2) Development that is ancillary to any other development in this section, including construction of rail and bus interchange facilities, modification of public transport facilities, railway stations, public amenities, pedestrian and cycle facilities and urban design features (including fencing, landscaping, lighting and planting trees), construction of substations, utilities, amenities and signage and road and bridge modification works.\n> \n> > (3) The development is to be carried out on land in the following local government areas—\n> > \n> > > (a) City of Parramatta,\n> > \n> > > (b) City of Ryde.\n> \n> > (4) In this section—\n> > \n> > development does not include surveys, test drilling, test excavations, geotechnical investigations or other tests, sampling or investigation for the purposes of the design or assessment of the project.","sortOrder":184},{"sectionNumber":"36","sectionType":"section","heading":"Great Western Highway Upgrade project—Blackheath to Little Hartley","content":"#### 36 Great Western Highway Upgrade project—Blackheath to Little Hartley\n\n36 Great Western Highway Upgrade project—Blackheath to Little Hartley\n\n> > (1) Development for the purposes of the Great Western Highway Upgrade project, being the construction and operation of new road infrastructure and the upgrade of existing roads.\n> \n> > (2) The development includes the following—\n> > \n> > > (a) construction and operation of approximately 11km of twin tunnels between Blackheath and Little Hartley, connecting to the Great Western Highway at both ends,\n> > \n> > > (b) construction and operation of approximately 14km of water supply pipeline between Little Hartley and Lithgow,\n> > \n> > > (c) upgrades to existing surface roads to facilitate the connection between the tunnels and the surface road network, including mainline carriageways and entry and exit ramps into tunnel portals at Blackheath and Little Hartley,\n> > \n> > > (d) utilities infrastructure, including—\n> > > \n> > > > (i) construction and operation of electricity substations at Little Hartley and in the tunnels, and\n> > > \n> > > > (ii) adjustments to, or relocation of, existing utilities infrastructure,\n> > \n> > > (e) ancillary development, including construction compounds, tunnel control centre facilities, ventilation systems, sediment and water quality basins, water treatment plants, emergency systems, lighting, landscaping, signage and systems for the control and management of roads.\n> \n> > (3) The development is to be carried out on land in the local government areas of the City of Blue Mountains and the City of Lithgow.\n> \n> > (4) In this section—\n> > \n> > development does not include surveys, test drilling, test excavations, geotechnical or contamination investigations or other tests, sampling or investigations for the purposes of the design or assessment of the project.","sortOrder":185},{"sectionNumber":"37","sectionType":"section","heading":"Lake Lyell Pumped Hydro Energy Project","content":"#### 37 Lake Lyell Pumped Hydro Energy Project\n\n37 Lake Lyell Pumped Hydro Energy Project\n\n> > (1) Development for the purposes of the Lake Lyell Pumped Hydro Energy Project on land in the City of Lithgow local government area, including the following—\n> > \n> > > (a) exploratory geotechnical works for the purposes of the design of the project,\n> > \n> > > (b) the construction and operation of new pumped hydroelectric and generation works, including the following—\n> > > \n> > > > (i) an upper water storage dam and reservoir on Mount Walker,\n> > > \n> > > > (ii) works at the Farmers Creek arm of Lake Lyell for a lower reservoir,\n> > > \n> > > > (iii) tunnels between the upper and lower reservoirs,\n> > > \n> > > > (iv) an underground powerhouse including hydroelectric generation units and transformers,\n> > > \n> > > > (v) water and access tunnels, surge tanks and inlet and outlet structures,\n> > > \n> > > > (vi) switchyards, control rooms, laydown areas and administration buildings,\n> > \n> > > (c) water offtake works to connect the project to the Farmers Creek arm of Lake Lyell,\n> > \n> > > (d) the construction and operation of new electricity transmission lines between the powerhouse, switchyard and existing 330kV transmission lines,\n> > \n> > > (e) decommissioning works and rehabilitation of the site,\n> > \n> > > (f) ancillary development, including the construction, operation or upgrade of the following—\n> > > \n> > > > (i) access tracks, roads and bridges,\n> > > \n> > > > (ii) construction compounds,\n> > > \n> > > > (iii) construction accommodation,\n> > > \n> > > > (iv) construction power supply,\n> > > \n> > > > (v) utilities and communications infrastructure,\n> > > \n> > > > (vi) water management infrastructure.\n> \n> > (2) In this section—\n> > \n> > development does not include surveys, archaeological excavations, sampling or environmental investigations.","sortOrder":186},{"sectionNumber":"38","sectionType":"section","heading":"Mount Piper to Wallerawang Transmission Line Upgrade Project","content":"#### 38 Mount Piper to Wallerawang Transmission Line Upgrade Project\n\n38 Mount Piper to Wallerawang Transmission Line Upgrade Project\n\n> > (1) Development for the purposes of the Mount Piper to Wallerawang Transmission Line Upgrade Project on land in the City of Lithgow local government area, including the following—\n> > \n> > > (a) the construction and operation of a new electricity transmission line between the Mount Piper 500kV substation and the Wallerawang 330kV substation,\n> > \n> > > (b) ancillary development, including the following—\n> > > \n> > > > (i) the carrying out of works to upgrade or augment existing electricity transmission lines,\n> > > \n> > > > (ii) the construction, operation and upgrade of access tracks and roads,\n> > > \n> > > > (iii) construction compounds,\n> > > \n> > > > (iv) laydown areas.\n> \n> > (2) In this section—\n> > \n> > development does not include the following—\n> > \n> > > (a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations,\n> > \n> > > (b) the construction of temporary access tracks and temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a),\n> > \n> > > (c) minor works associated with the upgrade of existing access tracks,\n> > \n> > > (d) minor works associated with existing electricity transmission infrastructure.","sortOrder":187},{"sectionNumber":"39","sectionType":"section","heading":"Muswellbrook Pumped Hydro Energy Storage Project","content":"#### 39 Muswellbrook Pumped Hydro Energy Storage Project\n\n39 Muswellbrook Pumped Hydro Energy Storage Project\n\n> > (1) Development for the purposes of the Muswellbrook Pumped Hydro Energy Storage Project on land in the Muswellbrook local government area, including the following—\n> > \n> > > (a) the construction and operation of pumped hydroelectric and generation works, including—\n> > > \n> > > > (i) an upper water storage dam, reservoir and spillways, and\n> > > \n> > > > (ii) works at an existing mine void for a lower water storage dam and reservoir, and\n> > > \n> > > > (iii) the construction of water and access tunnels, surge tanks and inlet and outlet structures, and\n> > > \n> > > > (iv) the construction and operation of a new pumped hydroelectric power station, and\n> > > \n> > > > (v) subsurface works for exploratory geotechnical investigations,\n> > \n> > > (b) transmission works, including—\n> > > \n> > > > (i) the construction and operation of a new electricity substation, new switchyards and new electricity transmission lines to connect the project to the Muswellbrook 330kV substation, the Liddell 330kV switching station and the existing electricity transmission network, and\n> > > \n> > > > (ii) the upgrade of the existing electricity transmission network,\n> > \n> > > (c) the construction and operation of a pipeline between the project and the Hunter River,\n> > \n> > > (d) water offtake works to connect the project to the Hunter River,\n> > \n> > > (e) decommissioning works and rehabilitation of the site,\n> > \n> > > (f) the emplacement of excavated materials,\n> > \n> > > (g) ancillary development, including access tracks and roads, construction accommodation, construction compounds, construction power supply, on-site quarry and related infrastructure, utilities and communications infrastructure, water management infrastructure and water treatment plants.\n> \n> > (2) In this section—\n> > \n> > development does not include the following—\n> > \n> > > (a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations for the purposes of the preliminary design and assessment of the project,\n> > \n> > > (b) the construction of temporary access tracks and temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a).","sortOrder":188},{"sectionNumber":"40","sectionType":"section","heading":"New England REZ Transmission project","content":"#### 40 New England REZ Transmission project\n\n40 New England REZ Transmission project\n\n> > (1) Development for the purposes of the New England REZ Transmission project.\n> \n> > (2) The New England REZ Transmission project is a program of works to construct and operate the high-voltage electricity transmission lines and associated infrastructure required to connect energy generation and storage projects within the New England REZ to the existing electricity network.\n> \n> > (3) The New England REZ Transmission project includes the following—\n> > \n> > > (a) the construction and operation of new high-voltage electricity transmission lines between the existing electricity network near Bayswater Power Station to and within the New England REZ,\n> > \n> > > (b) the construction and operation of new electricity substations, switching stations and associated infrastructure,\n> > \n> > > (c) the construction and operation of new battery energy storage systems,\n> > \n> > > (d) ancillary development including the following—\n> > > \n> > > > (i) the carrying out of works to upgrade or augment existing electricity transmission lines and substation infrastructure,\n> > > \n> > > > (ii) the upgrade, construction and operation of access tracks and roads,\n> > > \n> > > > (iii) the installation and operation of communication infrastructure and facilities,\n> > > \n> > > > (iv) the installation and operation of construction accommodation and utilities infrastructure,\n> > > \n> > > > (v) the installation and operation of construction compounds, laydown areas, helicopter landing pads, temporary concrete batching plants and brake and winch sites.\n> \n> > (4) The development is to be carried out on land in the following local government areas—\n> > \n> > > (a) Armidale Regional,\n> > \n> > > (b) Liverpool Plains,\n> > \n> > > (c) Muswellbrook,\n> > \n> > > (d) Singleton,\n> > \n> > > (e) Tamworth Regional,\n> > \n> > > (f) Upper Hunter Shire,\n> > \n> > > (g) Uralla,\n> > \n> > > (h) Walcha.\n> \n> > (5) In this section—\n> > \n> > development does not include—\n> > \n> > > (a) tests or investigations for the design or assessment of the New England REZ Transmission project, including the carrying out of the following—\n> > > \n> > > > (i) surveys,\n> > > \n> > > > (ii) sampling,\n> > > \n> > > > (iii) environmental investigations,\n> > > \n> > > > (iv) geotechnical borehole drilling,\n> > > \n> > > > (v) test drilling,\n> > > \n> > > > (vi) test excavations, or\n> > \n> > > (b) the construction of temporary access tracks or temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a), or\n> > \n> > > (c) minor works associated with existing electricity transmission infrastructure, or\n> > \n> > > (d) upgrading, relocating or widening of existing public roads that is—\n> > > \n> > > > (i) carried out on land in the New England REZ, and\n> > > \n> > > > (ii) subject to a determination under the Act, Division 5.1.\n> > \n> > New England REZ means the New England Renewable Energy Zone under the [Electricity Infrastructure Investment Act 2020](/view/html/inforce/current/act-2020-044).","sortOrder":189},{"sectionNumber":"41","sectionType":"section","heading":"Stratford Pumped Hydro and Solar Project","content":"#### 41 Stratford Pumped Hydro and Solar Project\n\n41 Stratford Pumped Hydro and Solar Project\n\n> > (1) Development for the purposes of the Stratford Pumped Hydro and Solar Project on land in the Mid-Coast local government area, including the following—\n> > \n> > > (a) the construction and operation of pumped hydroelectric and generation works, including—\n> > > \n> > > > (i) an upper water storage dam and reservoir, and\n> > > \n> > > > (ii) a tunnelled waterway comprising a vertical shaft and inclined headrace tunnel between the upper reservoir intake and powerhouse and tailrace tunnel connecting the powerhouse to the lower reservoir, and\n> > > \n> > > > (iii) a powerhouse and assembly bay, and\n> > > \n> > > > (iv) upper and lower intake and outlet structures, and\n> > > \n> > > > (v) works at the Stratford East Dam for a lower reservoir,\n> > \n> > > (b) the construction and operation of solar electricity generating works,\n> > \n> > > (c) the construction and operation of battery energy storage systems,\n> > \n> > > (d) the upgrade of electricity transmission lines,\n> > \n> > > (e) the construction and operation of an electrical substation to connect the pumped hydroelectric and generation works, solar electricity generating works and battery energy storage systems to the electricity transmission network,\n> > \n> > > (f) decommissioning works and rehabilitation of the site,\n> > \n> > > (g) the emplacement of excavated materials,\n> > \n> > > (h) transfer of water to and from the Stratford East Dam,\n> > \n> > > (i) ancillary development, including access tracks and roads, construction laydown areas, excavation, intersection upgrades, utilities and communications infrastructure, water transport and storage and water treatment facilities.\n> \n> > (2) In this section—\n> > \n> > development does not include surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations for the purposes of the preliminary design and assessment of the project.","sortOrder":190},{"sectionNumber":"42","sectionType":"section","heading":"Victoria to New South Wales Interconnector West Project","content":"#### 42 Victoria to New South Wales Interconnector West Project\n\n42 Victoria to New South Wales Interconnector West Project\n\n> > (1) Development for the purposes of the Victoria to New South Wales Interconnector West Project on land in the City of Wagga Wagga, Edward River, Murray River and Murrumbidgee local government areas, including the following—\n> > \n> > > (a) the construction and operation of high voltage 500kV transmission infrastructure between Dinawan Substation and the border between New South Wales and Victoria,\n> > \n> > > (b) the construction and operation of electrical substations, switching stations and associated infrastructure,\n> > \n> > > (c) the construction and operation of electricity transmission line infrastructure,\n> > \n> > > (d) ancillary development, including the following—\n> > > \n> > > > (i) the carrying out of works to upgrade or augment transmission lines and substation infrastructure,\n> > > \n> > > > (ii) the installation and operation of communication infrastructure and facilities, excluding microwave technology,\n> > > \n> > > > (iii) the installation and operation of construction accommodation, compounds and power supplies,\n> > > \n> > > > (iv) the installation and operation of construction maintenance sites including brake and winch sites, construction crane pads, helicopter landing pads and temporary concrete batching plants,\n> > > \n> > > > (v) the construction, operation and upgrade of access tracks and roads.\n> \n> > (2) In this section—\n> > \n> > development does not include the following—\n> > \n> > > (a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations,\n> > \n> > > (b) the construction of temporary access tracks and temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a),\n> > \n> > > (c) minor works associated with the upgrade of existing access tracks,\n> > \n> > > (d) minor works associated with existing electricity transmission infrastructure and utilities infrastructure.","sortOrder":191},{"sectionNumber":"43","sectionType":"section","heading":"Yarrabin (Phoenix) Pumped Hydro Project","content":"#### 43 Yarrabin (Phoenix) Pumped Hydro Project\n\n43 Yarrabin (Phoenix) Pumped Hydro Project\n\n> > (1) Development for the purposes of the Yarrabin (Phoenix) Pumped Hydro Project, including the following—\n> > \n> > > (a) the construction and operation of pumped hydroelectric and generation works, including the following—\n> > > \n> > > > (i) an upper and lower water storage dam, reservoir and spillways,\n> > > \n> > > > (ii) a powerhouse, including hydroelectric generation units and transformers,\n> > > \n> > > > (iii) water and access tunnels, surge tanks and intake and outlet structures,\n> > > \n> > > > (iv) switchyards, control rooms, laydown areas and administration buildings,\n> > \n> > > (b) the construction and operation of new electricity transmission lines between the powerhouse, switchyard and existing 330kV transmission lines,\n> > \n> > > (c) exploratory geotechnical works,\n> > \n> > > (d) access tracks and roads,\n> > \n> > > (e) bridges and culverts,\n> > \n> > > (f) construction accommodation,\n> > \n> > > (g) on-site quarries,\n> > \n> > > (h) utilities and communication infrastructure,\n> > \n> > > (i) water management infrastructure,\n> > \n> > > (j) water treatment facilities,\n> > \n> > > (k) the emplacement of excavated materials,\n> > \n> > > (l) decommissioning works and rehabilitation of the site.\n> \n> > (2) The development must be carried out on land in the Dubbo Regional local government area and the Mid-Western Regional local government area.\n> \n> > (3) In this section—\n> > \n> > development does not include the following—\n> > \n> > > (a) borehole drilling, environmental investigations, sampling, surveys, test drilling, test excavations, water monitoring or other tests or investigations for the purposes of the design and assessment of the Yarrabin (Phoenix) Pumped Hydro Project,\n> > \n> > > (b) the construction of temporary access tracks and temporary site facilities to allow for the carrying out of tests or investigations described in paragraph (a).","sortOrder":192},{"sectionNumber":"44","sectionType":"section","heading":"Western Sydney Pumped Hydro Project","content":"#### 44 Western Sydney Pumped Hydro Project\n\n44 Western Sydney Pumped Hydro Project\n\n> > (1) Development for the purposes of the Western Sydney Pumped Hydro Project, including the following—\n> > \n> > > (a) the construction and operation of pumped hydroelectric and generation works, including the following—\n> > > \n> > > > (i) an upper water storage dam, reservoir and spillways,\n> > > \n> > > > (ii) an underground powerhouse, including hydroelectric generation units and transformers,\n> > > \n> > > > (iii) water and access tunnels, surge tanks and intake and outlet structures,\n> > > \n> > > > (iv) switchyards, control rooms, laydown areas and administration buildings,\n> > > \n> > > > (v) geotechnical works,\n> > > \n> > > > (vi) works at Lake Burragorang for a lower reservoir, including water offtake works,\n> > \n> > > (b) the construction and operation of transmission works, including the following—\n> > > \n> > > > (i) new electricity transmission lines to be connected to the powerhouse, switchyard and existing transmission lines,\n> > > \n> > > > (ii) new switching stations,\n> > > \n> > > > (iii) upgrades to the existing electricity transmission network,\n> > > \n> > > > (iv) the augmentation of existing substations or the construction and operation of a new substation to connect to the existing electricity transmission network,\n> > \n> > > (c) precast facilities,\n> > \n> > > (d) access roads,\n> > \n> > > (e) concrete batching plants,\n> > \n> > > (f) construction accommodation,\n> > \n> > > (g) construction compounds,\n> > \n> > > (h) construction power supply,\n> > \n> > > (i) jetties,\n> > \n> > > (j) utilities and communications infrastructure,\n> > \n> > > (k) the emplacement of excavated materials,\n> > \n> > > (l) decommissioning works and rehabilitation of the site.\n> \n> > (2) The development must be carried out on land in the Camden local government area and the Wollondilly local government area.\n> \n> > (3) In this section—\n> > \n> > borehole drilling or investigations means drilling or an investigation that is the subject of a determination under the Act, Division 5.1.\n> > \n> > development does not include—\n> > \n> > > (a) environmental investigations, borehole drilling or investigations, sampling, surveys, test drilling, test excavations or other tests or investigations, or\n> > \n> > > (b) the construction of temporary access tracks and temporary site facilities that allow for borehole drilling or investigations.","sortOrder":193},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Regionally significant development","content":"# Schedule 6 Regionally significant development\n\nSchedule 6 Regionally significant development\n\n(cl 20)\n\n**sch 6:** Am 2022 (152), Sch 1\\[3\\]; 2023 (523), Sch 2.2\\[11\\].","sortOrder":194},{"sectionNumber":"8A","sectionType":"section","heading":"Certain coastal protection works","content":"#### 8A Certain coastal protection works\n\n8A Certain coastal protection works\n\n> > (1) The following development on land within the coastal zone that is directly adjacent to, or is under the waters of, the open ocean, the entrance to an estuary or the entrance to a coastal lake that is open to the ocean—\n> > \n> > > (a) development for the purpose of coastal protection works carried out by a person other than a public authority, other than coastal protection works identified in the relevant certified coastal management program,\n> > \n> > > (b) development for the purpose of coastal protection works carried out by or on behalf of a public authority (other than development that may be carried out without development consent under clause 19(2)(a) of [State Environmental Planning Policy (Coastal Management) 2018](/view/html/repealed/current/epi-2018-0106)).\n> \n> > (2) Words and expressions used in this section have (in relation to coastal protection works) the same meaning as they have in [State Environmental Planning Policy (Coastal Management) 2018](/view/html/repealed/current/epi-2018-0106).","sortOrder":203},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":null,"content":"# Schedule 7\n\nSchedule 7 (Repealed)\n\n**sch 7:** Rep 2022 (724), Sch 7.","sortOrder":206}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The policy appears to have grown substantially beyond its original 2021 scope. The sheer volume of amendments — roughly 50 in four years — and the inclusion of a pending amendment dealing with places of public worship suggest the policy has become a catch-all vehicle for a wide range of planning system adjustments. What began as a consolidation of planning system machinery rules has evolved to incorporate additional subject matter (such as religious buildings) not obviously within the original 'planning systems' framing, indicating scope creep over time."},"complexity_factors":["Extremely high amendment frequency — approximately 50 versions in just over 4 years, meaning the law is a constantly moving target","Operates as a 'meta-policy' governing the NSW planning system itself, requiring understanding of the broader Environmental Planning and Assessment Act 1979 framework to interpret","Interacts with and can override hundreds of local environmental plans (LEPs) and other planning instruments across NSW","Consolidates multiple previously separate planning instruments, creating cross-referencing complexity","Pending amendments (Places of Public Worship 2026) add a layer of transitional uncertainty for practitioners","Applies statewide but has location-specific and development-type-specific provisions that vary considerably","Governs procedural and jurisdictional questions (who decides what) which are inherently technical and fact-dependent","Frequent point-in-time versioning means determining which rules applied at a specific date requires careful historical research"],"plain_english_summary":"This NSW State Environmental Planning Policy (the Planning Systems SEPP) is a statewide \"rulebook for the rulebook\" that sets how the NSW planning system operates — who decides, which rules apply, how conflicts and transitions are handled, and how rezoning and approvals work. It sits above local council rules and can override them.\n\nIt affects property owners, developers, local councils and state agencies across NSW. The SEPP has been amended ~50 times since 2021; a further amendment on places of public worship starts 30 April 2026 and isn’t yet included."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument's scope has been altered since commencement by numerous amendments and insertions recorded in the text (see amendment notes throughout, e.g. s 2.2 Am 2025 (82), Sch 2[3]; Division 2 Alternative design excellence pathway inserted 2025 (Ins 2025 (616), Sch 1[2]); s 2.7 amended 2024–2025). These add new site listings, new thresholds, new decision pathways (including ADE pathway) and transitional rules, thereby expanding and refining which developments fall within State or regional significance."},"complexity_factors":["Extensive schedules and site-specific declarations with multiple financial, size and location thresholds (Schedules 1–6 set many differing dollar and area tests).","Heavy cross-referencing to the Environmental Planning and Assessment Act 1979 and numerous other Acts and SEPPs for definitions and interaction rules (see s 2.2, notes and multiple schedule references).","Multiple consent‑authority rules and exceptions (designation of the Independent Planning Commission in s 2.7; Ministerial order power to declare related infrastructure in s 2.7(2)).","Maps regime and amendment mechanism requiring Ministerial approval (s 2.3) with electronic/paper availability obligations.","Dozens of site and project definitions with carve‑outs for surveys, investigations and pre‑construction works (Schedules 3–5 repeatedly exclude investigatory work).","Transitional and savings provisions that preserve prior approvals or applications and limit retrospective application of amendments (see ss 2.21–2.25, 3.11).","Ministerial discretion over development delivery plans for Aboriginal Land Council land with consultation steps and public publication obligations (ss 3.6–3.8).","New, time‑limited and procedural pathways (eg. Alternative Design Excellence pathway: ss 2.12A–2.12E) that reference external advisory notes and the Government Architect NSW.","Multiple exclusion rules (complying/exempt development exceptions in ss 2.8 and 2.16) creating conditional scope boundaries and potential overlap with local instruments.","Frequent amendment history embedded in provisions (many sections marked Am/Ins/Rep), increasing interpretive complexity about current scope."],"plain_english_summary":"This State Environmental Planning Policy sets out which projects are treated as \"State significant development\", \"State significant infrastructure\" or \"regionally significant\" by using site maps, cost/size thresholds and project types. It moves many large or sensitive projects into State-level assessment, changes which approvals and rules apply, and creates special pathways (including for Aboriginal Land Council land and an alternative design-excellence route for some residential projects). Developers, councils, public authorities and Aboriginal Land Councils are directly affected because the Policy changes who decides consent and the assessment obligations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":841},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The policy has expanded significantly from its original 2021 scope. Major additions include: the 2025 Alternative Design Excellence pathway for residential SSD (Division 2 of Part 2.2); extensive new critical infrastructure projects in Schedule 5 (pumped hydro, REZ transmission, gas terminals, battery projects); expanded Aboriginal Land Council provisions (2022 amendments); and numerous new site-specific declarations including Accelerated TOD Precincts, WestConnex Dive Site, and multiple Sydney Metro extensions. The 2024–2025 amendments also introduced complex transitional provisions for existing development applications and new cost thresholds for data centres and warehouses."},"complexity_factors":["Multiple overlapping approval pathways (SSD, SSI, CSSI, regionally significant) with different rules","Extensive cross-referencing to other SEPPs, the EP&A Act, and external maps that aren't in the text","47+ defined terms including nested definitions ('environmentally sensitive area of State significance' has 10 sub-categories)","5 detailed schedules with project-specific thresholds, exceptions, and transitional provisions","Temporal complexity: multiple amendment dates (2022–2025) with savings provisions and transitional rules","Conditional logic throughout: 'if...unless...except where...despite...' structures","External documents incorporated by reference: State Significant Development Sites Map, Critical State Infrastructure Sites Map, multiple local environmental plans","Aboriginal Land Council chapter with separate planning instrument hierarchy","Alternative design excellence pathway with sunset clause (repeals 30 November 2027)","Specific project descriptions in Schedule 5 running to 40+ pages with individual technical specifications"],"plain_english_summary":"This NSW planning policy is the rulebook that decides which big development projects need special approval from the State government rather than just your local council.\n\n**What it does:**\nThe policy creates three tiers of \"significant\" development that trigger different approval pathways:\n\n- **State significant development (SSD)** — Big projects (usually costing $30 million+) like mines, hospitals, data centres, housing estates and major infrastructure. These need approval from the Minister for Planning or the Independent Planning Commission, not your local council.\n\n- **State significant infrastructure (SSI)** — Critical public projects like motorways, rail lines, power stations and dams that can proceed without normal council consent. Some are labelled \"critical\" (CSSI) for fast-tracked assessment.\n\n- **Regionally significant development** — Mid-sized projects ($5–30 million) in regional areas that get assessed by regional planning panels instead of councils.\n\n**Key features:**\n- **Schedules list specific projects** — Detailed lists name everything from the Sydney Metro to the Warragamba Dam upgrade, Snowy 2.0, Inland Rail, and dozens of other major projects.\n- **Cost thresholds** — Most SSD triggers are cost-based ($30m for mines, warehouses, hospitals; $20m for new schools; $50m for data centres over 15 megawatts).\n- **Special sites** — Iconic locations like Barangaroo, Sydney Opera House, and Western Sydney Aerotropolis have their own rules.\n- **Aboriginal Land Council provisions** — Special planning pathways for land owned by Aboriginal Land Councils, including \"development delivery plans.\"\n- **New design exemption pathway** — A temporary mechanism (until November 2027) allowing some large residential projects to skip competitive design competitions if they meet alternative design excellence standards.\n\n**Who it affects:**\nDevelopers proposing large projects, local councils (who lose control of big decisions), community groups wanting to object, and anyone living near major infrastructure. The policy also gives the Planning Secretary power to step in when other agencies delay approvals.\n\n**Why it matters:**\nThis is the central gatekeeper for NSW's biggest building and infrastructure decisions. It determines whether your local council or the State government decides on controversial projects — from apartment towers to coal mines to new motorways."}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-planning-systems-2021","history":"/api/acts/state-environmental-planning-policy-planning-systems-2021/history","analysis":"/api/acts/state-environmental-planning-policy-planning-systems-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-planning-systems-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-planning-systems-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-planning-systems-2021/documents"}}