State Environmental Planning Policy (Planning Systems) 2021
In ForceNSW
Jurisdiction
New South Wales
Act Number
724 of 2021
Collection
regulation
Plain English Summary
8/10 complexity
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.
This State Environmental Planning Policy (Planning Systems) 2021 text sets out the rules that declare which projects are State significant development (SSD), State significant infrastructure (SSI) and regionally significant development (RSD) for the purposes of the Environmental Planning and Assessment Act 1979 (the Act), and it prescribes a number of procedural and mapping arrangements that follow from those declarations.
Mechanically, the Policy does the following (selected mechanics, each taken from the Policy):
Names and commencement: the instrument is the SEPP (Planning Systems) 2021 and it commenced on 1 March 2022 (s 1.1; s 1.2).
Defines key terms used throughout the instrument and links interpretation to the Act and the Interpretation Act 1987 (s 1.3; s 2.2).
Declares development to be SSD where the development is not permissible without consent under Part 4 of the Act and is specified in Schedule 1 or 2 (s 2.6).
Declares development to be SSI where the development is permissible without consent under a State environmental planning policy and is specified in Schedule 3 or 4, and declares certain SSI to be critical SSI in Schedule 5 (s 2.13, s 2.14, s 2.15).
Declares regionally significant development by reference to Schedule 6 and sets exclusions and thresholds for RSD (s 2.19).
Prescribes how maps adopted under the Policy are approved, kept, combined and made available (s 2.3).
Assigns decision‑making roles: for particular SSD the Independent Planning Commission (IPC) is designated as consent authority in specified circumstances (for example where a council objects under mandatory participation requirements, where 50 or more objections are received, or where a reportable political donation is disclosed) (s 2.7).
Current sections
Direct links to the current provisions in State Environmental Planning Policy (Planning Systems) 2021.
(a) to identify development that is State significant development,
(b) to identify development that is State significant infrastructure and critical State significant infrastructure,
(c) to identify development that is regionally significant development.
Division 1
General
Division 1 General
Division 1 General
pt 2.2, div 1, hdg: Ins 2025 (616), Sch 1[1].
Division 2
Alternative design excellence pathway
Division 2 Alternative design excellence pathway
Division 2 Alternative design excellence pathway
pt 2.2, div 2: Ins 2025 (616), Sch 1[2].
pt 2.2, div 2, sdiv 1: Ins 2025 (616), Sch 1[2].
pt 2.2, div 2, sdiv 2: Ins 2025 (616), Sch 1[2].
pt 2.2, div 2, sdiv 3: Ins 2025 (616), Sch 1[2].
ch.2-pt.2.2-div.2-sdiv.2.1
Preliminary
ch.2-pt.2.2-div.2-sdiv.2.1 Preliminary
Subdivision 2.1 Preliminary
ch.2-pt.2.2-div.2-sdiv.2.2
ADE pathway for residential SSD
ch.2-pt.2.2-div.2-sdiv.2.2 ADE pathway for residential SSD
Subdivision 2.2 ADE pathway for residential SSD
ch.2-pt.2.2-div.2-sdiv.2.3
Other
ch.2-pt.2.2-div.2-sdiv.2.3 Other
Subdivision 2.3 Other
Part 3
Preliminary
Part 3 Preliminary
Part 3.1 Preliminary
3
Aims of Chapter
3 Aims of Chapter
3.1 Aims of Chapter
The aims of this Chapter are—
(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
(b) to declare specified development carried out on land owned by Aboriginal Land Councils to be regionally significant development.
(b) is in an environmentally sensitive area of State significance, or
(c) has an estimated development cost of more than $30 million.
(2) Extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.
(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—
(a) is ancillary to or an extension of another State significant development project, or
(b) has an estimated development cost of more than $30 million.
(4) Development for the purpose of underground coal gasification.
(1) Development for the purpose of extractive industry that—
(a) extracts more than 500,000 tonnes of extractive materials per year, or
(b) extracts from a total resource (the subject of the development application) of more than 5 million tonnes, or
(c) extracts from an environmentally sensitive area of State significance.
(2) Subsection (1)(c) does not apply to extraction—
(a) by a public authority in maintenance dredging of a tidal waterway, or
(b) in maintenance dredging of oyster lease areas, or adjacent areas, in Wallis Lake.
(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—
(a) is ancillary to or an extension of another State significant development project, or
(b) has an estimated development cost of more than $30 million.
(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.
(1) Development for the purpose of injection and geological storage of greenhouse gases.
(2) Development for the purpose of drilling or operating greenhouse gas geological exploration wells (not including stratigraphic boreholes or monitoring wells).
9
Metal, mineral and extractive material processing
9 Metal, mineral and extractive material processing
9 Metal, mineral and extractive material processing
Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) metal or mineral refining or smelting, metal founding, rolling, drawing, extruding, coating, fabricating or manufacturing works or metal or mineral recycling or recovery,
(b) brickworks, ceramic works, silicon or glassworks or tile manufacture,
(c) cement works, concrete or bitumen pre-mix industries or related products,
(d) building or construction materials recycling or recovery.
10
Chemical, manufacturing and related industries
10 Chemical, manufacturing and related industries
10 Chemical, manufacturing and related industries
(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)—
(a) soap, detergent or cleaning agents,
(b) paints, ink, dyes, adhesives, solvents,
(c) pesticides or inorganic fertiliser,
(d) pharmaceuticals or veterinary products,
(e) ammunition or explosives,
(f) oils, fuels, gas, petrochemicals or precursors,
(g) polymers, plastics, rubber or tyres,
(h) batteries or carbon black.
(2) Development with an estimated development cost of more than $30 million for any of the following purposes—
(a) liquid fuel depots,
(b) gas storage facilities,
(c) chemical storage facilities.
(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.
(4) This section does not apply to development on land within the area of the City of Sydney.
11
Other manufacturing industries
11 Other manufacturing industries
11 Other manufacturing industries
(1) Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) laboratory, research or development facilities,
(b) medical products manufacturing,
(c) printing or publishing,
(d) textile, clothing, footwear or leather manufacturing,
(e) furniture manufacturing,
(f) machinery or equipment manufacturing,
(g) the vehicle, defence or aerospace industry,
(h) vessel or boat building and repair facilities (not including marinas).
(2) Subsection (1)(b)–(f) does not apply to development on land within the area of the City of Sydney.
12
Warehouses or distribution centres
12 Warehouses or distribution centres
12 Warehouses or distribution centres
(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.
(2) Subsection (1) does not apply to the following development—
(a) development for the purposes of warehouses or distribution centres to which section 18 or 19 applies,
(b) development on land within the area of the City of Sydney.
(3) In this section—
relevant amount means—
(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
(b) for any other development—$50 million.
13
Cultural, recreation and tourist facilities
13 Cultural, recreation and tourist facilities
13 Cultural, recreation and tourist facilities
(1) Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) film production, the television industry or digital or recorded media,
(b) convention centres and exhibition centres,
(c) entertainment facilities,
(d) information and education facilities, including museums and art galleries,
(e) recreation facilities (major),
(f) zoos, including animal enclosures, administration and maintenance buildings, and associated facilities.
(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—
(a) has an estimated development cost of more than $100 million, or
(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.
(3) Subsection (2) does not apply to development on land within the area of the City of Sydney.
14
Hospitals, medical centres and health research facilities
14 Hospitals, medical centres and health research facilities
14 Hospitals, medical centres and health research facilities
(1) Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) hospitals,
(b) medical centres,
(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).
(2) Subsection (1)(b) does not apply to development on land within the area of the City of Sydney.
15
Educational establishments
15 Educational establishments
15 Educational establishments
(1) Development that has an estimated development cost of more than $20 million that—
(a) is for the purpose of a new school, or
(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.
(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.
(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.
(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.
16 Correctional centres and correctional complexes
16 Correctional centres and correctional complexes
(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.
Development for the purpose of air transport facilities that has an estimated development cost of more than $30 million.
18
Port facilities and wharf or boating facilities
18 Port facilities and wharf or boating facilities
18 Port facilities and wharf or boating facilities
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.
19
Rail and related transport facilities
19 Rail and related transport facilities
19 Rail and related transport facilities
(1) Development that has an estimated development cost of more than $30 million for any of the following purposes—
(a) heavy railway lines associated with mining, extractive industries or other industry,
(b) railway freight terminals, sidings and inter-modal facilities.
(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—
(a) commercial premises or residential accommodation,
(b) container packing, storage or examination facilities,
(c) public transport interchanges.
20
Electricity generating works and heat or co-generation
20 Electricity generating works and heat or co-generation
20 Electricity generating works and heat or co-generation
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—
(a) has an estimated development cost of more than $30 million, or
(b) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.
21
Water storage or water treatment facilities
21 Water storage or water treatment facilities
21 Water storage or water treatment facilities
(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.
(2) Development for the purpose of desalination plants that has an estimated development cost of more than $10 million.
22
Sewerage systems
22 Sewerage systems
22 Sewerage systems
Development for the purpose of sewerage systems that—
(a) handles more than 10,000 EP (equivalent population), or
(b) has an estimated development cost of more than $30 million, or
(c) has an estimated development cost of more than $10 million and is located in an environmentally sensitive area of State significance.
23
Waste and resource management facilities
23 Waste and resource management facilities
23 Waste and resource management facilities
(1) Development for the purpose of regional putrescible landfills or an extension to a regional putrescible landfill that—
(a) has a capacity to receive more than 75,000 tonnes per year of putrescible waste, or
(b) has a capacity to receive more than 650,000 tonnes of putrescible waste over the life of the site, or
(c) is located in an environmentally sensitive area of State significance.
(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.
(3) Development for the purpose of resource recovery or recycling facilities that handle more than 100,000 tonnes per year of waste.
(4) Development for the purpose of waste incineration that handles more than 1,000 tonnes per year of waste.
(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.
(6) Development for the purpose of any other liquid waste depot that treats, stores or disposes of industrial liquid waste and—
(a) handles more than 10,000 tonnes per year of liquid food or grease trap waste, or
(b) handles more than 1,000 tonnes per year of other aqueous or non-aqueous liquid industrial waste.
24
Remediation of contaminated land
24 Remediation of contaminated land
24 Remediation of contaminated land
(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 by a management order that requires—
(a) the taking of action of the kind referred to in section 16(d) or (g) of that Act, or
(b) the preparation of a plan of management that provides for the taking of any such action.
(1) Development for the purpose of data centres that has a total power consumption of more than the relevant amount.
(1A) Subsection (1) does not apply to development on land within the area of the City of Sydney.
(2) In this section—
relevant amount means—
(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
(b) for any other development—15 megawatts.
26
Housing development carried out by certain public authorities
26 Housing development carried out by certain public authorities
26 Housing development carried out by certain public authorities
(1) Development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation if the development—
(a) has an estimated development cost of more than $30 million, or
(b) will result in more than 75 dwellings.
(2) Development carried out by or on behalf of Landcom if—
(a) the development—
(i) has an estimated development cost of more than $30 million, or
(ii) will result in more than 75 dwellings, and
(b) at least 50% of the gross floor area of the development will be used for the purposes of affordable housing.
(a) the part of the development that is residential development has an estimated development cost of—
(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
Note—
The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.
(ii) for development on other land—more than $30 million, and
(b) the development does not involve development prohibited under an environmental planning instrument applying to the land.
(1A) In determining the estimated development cost for subsection (1)(a), the estimated development cost of existing residential development must be included if—
(a) the development will be carried out on the same land as the existing residential development, and
(b) the development will result in—
(i) for development on land to which subsection (1)(a)(i) applies—at least 40 additional dwellings, or
(ii) for development on land to which subsection (1)(a)(ii) applies—at least 20 additional dwellings.
(1) Development permitted under the Housing SEPP, Chapter 3, Part 4 if—
(a) the proposed development has an estimated development cost of—
(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
Note—
The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.
(ii) for development on other land—more than $30 million, and
(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
(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
(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.
(2) Subsection (1) does not apply to development on land within the area of the City of Sydney.
(2A) Subsection (1)(d) does not apply to development on land for which a site compatibility certificate has been issued—
(1) Development for the purposes of electricity generating works, industry or waste or resource management facilities—
(a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and
(b) with an estimated development cost of—
(i) if the development is located in an environmentally sensitive area of State significance—more than $10 million, or
(ii) otherwise—more than $30 million.
(2) Development for the purposes of industry or waste or resource management facilities—
(a) involving, or carried out to enable, the thermal treatment of waste involving or resulting in energy recovery from the waste, and
(b) involving the incineration of more than 1,000 tonnes of waste per year.
(3) This section does not apply to proposed development the subject of a development application made, but not finally determined, before this section commenced.
Schedule 3 State significant infrastructure—general
Schedule 3 State significant infrastructure—general
(Section 2.13)
Note.
Development 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).
State significant infrastructure—specified development on specified land
Schedule 4 State significant infrastructure—specified development on specified land
Schedule 4 State significant infrastructure—specified development on specified land
(Section 2.14)
Note.
Section 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.
(1) Development for the purposes of the Parramatta Light Rail Stage 1 Project being—
(a) the construction and operation of new passenger light rail infrastructure from Westmead to Parramatta and on to Camellia, including—
(i) light rail tracks and associated works, and
(ii) light rail stops and facilities, and
(b) the construction and operation of new passenger light rail infrastructure from Camellia to Carlingford, generally along the existing rail corridor including—
(i) light rail tracks and associated works, and
(ii) light rail stops and facilities, and
(iii) stabling and maintenance facilities and an associated rail turnback.
(2) Development that is ancillary to any other development in this section including—
(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
(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
(c) removal of the Parramatta Road Level Crossing at Clyde.
(3) The development includes work in the suburbs of Westmead, North Parramatta, Parramatta, Rosehill, Camellia, Rydalmere, Dundas, Telopea, Carlingford, Granville and Clyde.
(4) In this section, development does not include—
(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
(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.
32
Dungowan Dam and Pipeline Project
32 Dungowan Dam and Pipeline Project
32 Dungowan Dam and Pipeline Project
(1) Development for the purposes of a new dam and pipeline located at Ogunbil in the Tamworth Regional local government area, including the following—
(a) construction and operation of a dam with up to 22.5GL of storage,
(b) construction and operation of a bulk water pipeline from the dam to intersect with the pipeline at the existing Chaffey Dam,
(c) decommissioning the existing Dungowan Dam and related infrastructure and services,
(d) rehabilitation of the storage area of the existing Dungowan Dam,
(e) ancillary development, including construction and operation of pipeline connection spurs, upgrade or construction of access roads, utilities infrastructure, construction accommodation and construction compounds.
(2) The development does not include surveys, test drilling, test excavation, geotechnical investigations or other tests, sampling or investigations.
33
Warragamba Dam project
33 Warragamba Dam project
33 Warragamba Dam project
(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.
(2) The development includes—
(a) increasing the height of spillways by up to 14 metres, and
(b) increasing the height of the roadway above the wall of the dam by up to 17 metres, and
(c) the construction of an upstream multi-level intake and downstream valve house using existing pipe infrastructure to facilitate environmental flows, and
(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.
(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.
(4) In this section—
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.
34
Narrabri Lateral Pipeline project
34 Narrabri Lateral Pipeline project
34 Narrabri Lateral Pipeline project
(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.
(2) The development includes—
(a) the construction and operation of the following—
(i) a gas transmission pipeline capable of supplying up to approximately 200 terajoules of gas per day,
(ii) associated or ancillary infrastructure and facilities, including scraper stations, meter stations, pressure let-down facilities and communications towers,
(iii) temporary construction facilities, including laydown and storage areas, access tracks and construction camps, and
(b) the decommissioning of the gas transmission pipeline, associated or ancillary infrastructure and temporary facilities, and
(c) the rehabilitation of the project site.
(3) The development is to be carried out on land in the Narrabri local government area.
(4) In this section—
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.
35
Parramatta Light Rail Stage 2 Project
35 Parramatta Light Rail Stage 2 Project
35 Parramatta Light Rail Stage 2 Project
(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—
(a) light rail tracks and associated works, and
(b) light rail stops and facilities, and
(c) stabling and maintenance facilities and associated rail turnbacks.
(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.
(3) The development is to be carried out on land in the following local government areas—
(a) City of Parramatta,
(b) City of Ryde.
(4) In this section—
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.
36
Great Western Highway Upgrade project—Blackheath to Little Hartley
36 Great Western Highway Upgrade project—Blackheath to Little Hartley
36 Great Western Highway Upgrade project—Blackheath to Little Hartley
(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.
(2) The development includes the following—
(a) construction and operation of approximately 11km of twin tunnels between Blackheath and Little Hartley, connecting to the Great Western Highway at both ends,
(b) construction and operation of approximately 14km of water supply pipeline between Little Hartley and Lithgow,
(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,
(d) utilities infrastructure, including—
(i) construction and operation of electricity substations at Little Hartley and in the tunnels, and
(ii) adjustments to, or relocation of, existing utilities infrastructure,
(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.
(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.
(4) In this section—
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.
37
Lake Lyell Pumped Hydro Energy Project
37 Lake Lyell Pumped Hydro Energy Project
37 Lake Lyell Pumped Hydro Energy Project
(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—
(a) exploratory geotechnical works for the purposes of the design of the project,
(b) the construction and operation of new pumped hydroelectric and generation works, including the following—
(i) an upper water storage dam and reservoir on Mount Walker,
(ii) works at the Farmers Creek arm of Lake Lyell for a lower reservoir,
(iii) tunnels between the upper and lower reservoirs,
(iv) an underground powerhouse including hydroelectric generation units and transformers,
(v) water and access tunnels, surge tanks and inlet and outlet structures,
(vi) switchyards, control rooms, laydown areas and administration buildings,
(c) water offtake works to connect the project to the Farmers Creek arm of Lake Lyell,
(d) the construction and operation of new electricity transmission lines between the powerhouse, switchyard and existing 330kV transmission lines,
(e) decommissioning works and rehabilitation of the site,
(f) ancillary development, including the construction, operation or upgrade of the following—
(i) access tracks, roads and bridges,
(ii) construction compounds,
(iii) construction accommodation,
(iv) construction power supply,
(v) utilities and communications infrastructure,
(vi) water management infrastructure.
(2) In this section—
development does not include surveys, archaeological excavations, sampling or environmental investigations.
38
Mount Piper to Wallerawang Transmission Line Upgrade Project
38 Mount Piper to Wallerawang Transmission Line Upgrade Project
38 Mount Piper to Wallerawang Transmission Line Upgrade Project
(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—
(a) the construction and operation of a new electricity transmission line between the Mount Piper 500kV substation and the Wallerawang 330kV substation,
(b) ancillary development, including the following—
(i) the carrying out of works to upgrade or augment existing electricity transmission lines,
(ii) the construction, operation and upgrade of access tracks and roads,
(iii) construction compounds,
(iv) laydown areas.
(2) In this section—
development does not include the following—
(a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations,
(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),
(c) minor works associated with the upgrade of existing access tracks,
(d) minor works associated with existing electricity transmission infrastructure.
39
Muswellbrook Pumped Hydro Energy Storage Project
39 Muswellbrook Pumped Hydro Energy Storage Project
39 Muswellbrook Pumped Hydro Energy Storage Project
(1) Development for the purposes of the Muswellbrook Pumped Hydro Energy Storage Project on land in the Muswellbrook local government area, including the following—
(a) the construction and operation of pumped hydroelectric and generation works, including—
(i) an upper water storage dam, reservoir and spillways, and
(ii) works at an existing mine void for a lower water storage dam and reservoir, and
(iii) the construction of water and access tunnels, surge tanks and inlet and outlet structures, and
(iv) the construction and operation of a new pumped hydroelectric power station, and
(v) subsurface works for exploratory geotechnical investigations,
(b) transmission works, including—
(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
(ii) the upgrade of the existing electricity transmission network,
(c) the construction and operation of a pipeline between the project and the Hunter River,
(d) water offtake works to connect the project to the Hunter River,
(e) decommissioning works and rehabilitation of the site,
(f) the emplacement of excavated materials,
(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.
(2) In this section—
development does not include the following—
(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,
(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).
40
New England REZ Transmission project
40 New England REZ Transmission project
40 New England REZ Transmission project
(1) Development for the purposes of the New England REZ Transmission project.
(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.
(3) The New England REZ Transmission project includes the following—
(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,
(b) the construction and operation of new electricity substations, switching stations and associated infrastructure,
(c) the construction and operation of new battery energy storage systems,
(d) ancillary development including the following—
(i) the carrying out of works to upgrade or augment existing electricity transmission lines and substation infrastructure,
(ii) the upgrade, construction and operation of access tracks and roads,
(iii) the installation and operation of communication infrastructure and facilities,
(iv) the installation and operation of construction accommodation and utilities infrastructure,
(v) the installation and operation of construction compounds, laydown areas, helicopter landing pads, temporary concrete batching plants and brake and winch sites.
(4) The development is to be carried out on land in the following local government areas—
(a) Armidale Regional,
(b) Liverpool Plains,
(c) Muswellbrook,
(d) Singleton,
(e) Tamworth Regional,
(f) Upper Hunter Shire,
(g) Uralla,
(h) Walcha.
(5) In this section—
development does not include—
(a) tests or investigations for the design or assessment of the New England REZ Transmission project, including the carrying out of the following—
(i) surveys,
(ii) sampling,
(iii) environmental investigations,
(iv) geotechnical borehole drilling,
(v) test drilling,
(vi) test excavations, or
(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
(c) minor works associated with existing electricity transmission infrastructure, or
(d) upgrading, relocating or widening of existing public roads that is—
(i) carried out on land in the New England REZ, and
(ii) subject to a determination under the Act, Division 5.1.
(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—
(a) the construction and operation of pumped hydroelectric and generation works, including—
(i) an upper water storage dam and reservoir, and
(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
(iii) a powerhouse and assembly bay, and
(iv) upper and lower intake and outlet structures, and
(v) works at the Stratford East Dam for a lower reservoir,
(b) the construction and operation of solar electricity generating works,
(c) the construction and operation of battery energy storage systems,
(d) the upgrade of electricity transmission lines,
(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,
(f) decommissioning works and rehabilitation of the site,
(g) the emplacement of excavated materials,
(h) transfer of water to and from the Stratford East Dam,
(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.
(2) In this section—
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.
42
Victoria to New South Wales Interconnector West Project
42 Victoria to New South Wales Interconnector West Project
42 Victoria to New South Wales Interconnector West Project
(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—
(a) the construction and operation of high voltage 500kV transmission infrastructure between Dinawan Substation and the border between New South Wales and Victoria,
(b) the construction and operation of electrical substations, switching stations and associated infrastructure,
(c) the construction and operation of electricity transmission line infrastructure,
(d) ancillary development, including the following—
(i) the carrying out of works to upgrade or augment transmission lines and substation infrastructure,
(ii) the installation and operation of communication infrastructure and facilities, excluding microwave technology,
(iii) the installation and operation of construction accommodation, compounds and power supplies,
(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,
(v) the construction, operation and upgrade of access tracks and roads.
(2) In this section—
development does not include the following—
(a) surveys, sampling, environmental investigations, geotechnical borehole drilling, test drilling, test excavations or other tests or investigations,
(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),
(c) minor works associated with the upgrade of existing access tracks,
(d) minor works associated with existing electricity transmission infrastructure and utilities infrastructure.
43
Yarrabin (Phoenix) Pumped Hydro Project
43 Yarrabin (Phoenix) Pumped Hydro Project
43 Yarrabin (Phoenix) Pumped Hydro Project
(1) Development for the purposes of the Yarrabin (Phoenix) Pumped Hydro Project, including the following—
(a) the construction and operation of pumped hydroelectric and generation works, including the following—
(i) an upper and lower water storage dam, reservoir and spillways,
(ii) a powerhouse, including hydroelectric generation units and transformers,
(iii) water and access tunnels, surge tanks and intake and outlet structures,
(iv) switchyards, control rooms, laydown areas and administration buildings,
(b) the construction and operation of new electricity transmission lines between the powerhouse, switchyard and existing 330kV transmission lines,
(c) exploratory geotechnical works,
(d) access tracks and roads,
(e) bridges and culverts,
(f) construction accommodation,
(g) on-site quarries,
(h) utilities and communication infrastructure,
(i) water management infrastructure,
(j) water treatment facilities,
(k) the emplacement of excavated materials,
(l) decommissioning works and rehabilitation of the site.
(2) The development must be carried out on land in the Dubbo Regional local government area and the Mid-Western Regional local government area.
(3) In this section—
development does not include the following—
(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,
(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).
44
Western Sydney Pumped Hydro Project
44 Western Sydney Pumped Hydro Project
44 Western Sydney Pumped Hydro Project
(1) Development for the purposes of the Western Sydney Pumped Hydro Project, including the following—
(a) the construction and operation of pumped hydroelectric and generation works, including the following—
(i) an upper water storage dam, reservoir and spillways,
(ii) an underground powerhouse, including hydroelectric generation units and transformers,
(iii) water and access tunnels, surge tanks and intake and outlet structures,
(iv) switchyards, control rooms, laydown areas and administration buildings,
(v) geotechnical works,
(vi) works at Lake Burragorang for a lower reservoir, including water offtake works,
(b) the construction and operation of transmission works, including the following—
(i) new electricity transmission lines to be connected to the powerhouse, switchyard and existing transmission lines,
(ii) new switching stations,
(iii) upgrades to the existing electricity transmission network,
(iv) the augmentation of existing substations or the construction and operation of a new substation to connect to the existing electricity transmission network,
(c) precast facilities,
(d) access roads,
(e) concrete batching plants,
(f) construction accommodation,
(g) construction compounds,
(h) construction power supply,
(i) jetties,
(j) utilities and communications infrastructure,
(k) the emplacement of excavated materials,
(l) decommissioning works and rehabilitation of the site.
(2) The development must be carried out on land in the Camden local government area and the Wollondilly local government area.
(3) In this section—
borehole drilling or investigations means drilling or an investigation that is the subject of a determination under the Act, Division 5.1.
development does not include—
(a) environmental investigations, borehole drilling or investigations, sampling, surveys, test drilling, test excavations or other tests or investigations, or
(b) the construction of temporary access tracks and temporary site facilities that allow for borehole drilling or investigations.
(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—
(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,
(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).
This Policy is State Environmental Planning Policy (Planning Systems) 2021.
1 Commencement
1 Commencement
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1 Definitions
1 Definitions
1.3 Definitions
In this Policy—
the Act means the Environmental Planning and Assessment Act 1979.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1 Transferred provisions
1 Transferred provisions
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
Note—
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
Part 2 Preliminary
Part 2 Preliminary
Part 2.1 Preliminary
2 Aims of Chapter
2 Aims of Chapter
2.1 Aims of Chapter
The aims of this Chapter are as follows—
(a) to identify development that is State significant development,
(b) to identify development that is State significant infrastructure and critical State significant infrastructure,
(c) to identify development that is regionally significant development.
2 Definitions
2 Definitions
2.2 Definitions
Excludes the application of development control plans (DCPs) to SSD (and to development for which a council is the consent authority under s 4.37 of the Act) (s 2.10).
Enables certifiers accredited under the Act to issue subdivision certificates for SSD and for SSI subdivisions in accordance with s 6.5(3)(a) of the Act (s 2.9; s 2.17).
Creates a temporary alternative design excellence (ADE) pathway for certain residential SSD that are otherwise required to run a competitive design process (ins 2025), including a process for Government Architect NSW approval and use of a design review panel (ss 2.12A-2.12F).
Provides a Part 3 procedure for development delivery plans on Aboriginal Land Council land, including Ministerial approval, public availability and a requirement for consent authorities to have regard to plans when determining applications (ss 3.6-3.8).
The Policy therefore operates principally as a classificatory and procedural instrument: it defines which projects meet State, critical State or regional significance and sets out consequences for decision‑making, mapping, public participation thresholds, and some procedural pathways such as ADE and Aboriginal Land Council delivery plans. It refers repeatedly to the Act for the wider legal consequences, for example the interaction with Part 4 and Division 5.2, and it preserves transitonal and savings arrangements for applications made prior to amendments (see transitional provisions at ss 2.21-2.25 and 3.11).
Main concepts
The Policy runs on a small number of core legal concepts and mapping mechanisms. Those concepts control which projects are elevated from local assessment to State or regional assessment and which procedural rules apply. The text supplies precise definitions and cross references; these are the concepts you must check first when advising clients.
State significant development (SSD)
Declared where the development is not permissible without development consent under Part 4 of the Act and is specified in Schedule 1 or Schedule 2 (s 2.6(1)). The Schedule approach means SSD is defined by activity type and quantitative thresholds (for example estimated development cost, capacity limits, or size) (Schedule 1, various clauses).
If a single development includes some parts that meet the SSD definition and other parts that do not, the entire development may be declared SSD unless the Director‑General determines parts are not sufficiently related (s 2.6(2)). This creates aggregation effects across a composite application.
State significant infrastructure (SSI) and critical SSI
SSI is declared when development is permissible without consent (ie allowed under a SEPP) but is listed in Schedule 3 (s 2.13(1)). Schedule 4 allows particular development on specified land to be declared as SSI under s 5.12(4) of the Act (s 2.14).
Schedule 5 lists development that is declared critical SSI (s 2.15). The critical SSI entries are largely project‑specific descriptions of major infrastructure projects.
Regionally significant development (RSD)
RSD is declared by reference to Schedule 6 (s 2.19). Schedule 6 sets economic thresholds (eg estimated development cost), council and Crown‑carried development thresholds, and particular designated development such as extractive industry that meets the Regulation’s designated development criteria.
Estimated development cost
Many thresholds, including the $30 million default, are expressed by reference to estimated development cost, a defined expression that takes its meaning from the Environmental Planning and Assessment Regulation 2021 (s 2.2).
Mapping
Named maps adopted by the Chapter are those approved by the Minister and may be amended or replaced by environmental planning instruments approved by the Minister (s 2.3(1)). Maps may be combined, must be publicly accessible under Minister‑approved arrangements, and can be kept in electronic or paper form (s 2.3(2)-(4)). Several Schedules refer to specific named maps (State Significant Development Sites Map, State Significant Infrastructure Sites Map and other land application maps).
Exclusions and aggregation rules
Complying and exempt development may be excluded even where they would otherwise meet SSD/SSI criteria (ss 2.8, 2.16). Concept development applications and staged applications have specific aggregation rules that may bring separately lodged parts within the SSD/SSI thresholds (ss 2.11, 2.18, 2.20).
Decision‑maker designations and procedural pathways
The IPC is designated as consent authority for SSD in specified circumstances or for modification applications linked to reportable political donations (s 2.7). The Minister may declare SSD to be SSI‑related by ministerial planning order in the circumstances set out (s 2.7(2)). The Policy removes DCPs from the SSD assessment regime (s 2.10). The ADE pathway provides an alternative to a competitive design process for certain residential SSD if the Government Architect NSW approves and a nominated design review panel is used (ss 2.12A-2.12E).
Aboriginal Land Council delivery plans
The Policy establishes that development delivery plans prepared by or on behalf of Aboriginal Land Councils and approved by the Minister must be publicly available and must be had regard to by consent authorities when determining development applications on Council land (ss 3.6-3.8).
Prevalence
The Policy states it prevails over other environmental planning instruments to the extent of inconsistency, subject to s 74(1) of the Act (s 2.5), and the ADE division expressly prevails over other instruments (s 2.12C).
These are the structures that determine whether an application is assessed locally, regionally or by the State, the choice of consent authority, and a number of pathway and timing consequences that flow from those choices.
Who it affects
The Policy changes who decides and who must act in particular ways across a number of identifiable groups. The text indicates the likely distribution of decision rights, costs and procedural burdens.
Applicants and proponents
Private developers and public authorities proposing development that meets Schedule thresholds are directly affected. Whether a development is SSD, SSI or RSD depends on the activity and thresholds (Schedules 1-6). Applicants will need to determine whether their project is declared SSD/SSI/RSD and follow the assessment route the declaration triggers. The text repeatedly ties thresholds to “estimated development cost” as defined in the Regulation (s 2.2), so applicants are required effectively to calculate that figure to know their classification.
Consent authorities, panels and decision bodies
The Independent Planning Commission (IPC) is declared to be the consent authority for specified SSD when certain public participation triggers occur or when a reportable political donation is disclosed (s 2.7(1)-(3)). The Minister remains consent authority where the IPC has not been declared to be the consent authority, but the Minister can make ministerial planning orders to reclassify matters linked to SSI (s 2.7 note; s 2.7(2)).
Councils may retain consent authority in many cases, but a council’s objection under mandatory community participation may transfer decision rights to the IPC (s 2.7(1)(a)) and local council applications with significant public objection or many submissions (50 or more) may likewise be transferred (s 2.7(1)(b)). For some RSD the council may cease to be the decision maker (s 2.19(2)(d)-(e)).
Aboriginal Land Councils
The Policy applies a Part 3 mechanism to land owned by Aboriginal Land Councils (s 3.3). The Minister approves development delivery plans for such land (s 3.6), and consent authorities must have regard to plan matters in s 3.7(2) when determining applications for development on that land (s 3.8). Aboriginal Land Councils therefore have a procedural right to prepare plans and be consulted on Ministerial proposals (s 3.6(2)-(4)).
Certifiers and technical experts
Accredited certifiers are expressly authorised to issue subdivision certificates for SSD and SSI subdivisions under s 6.5(3)(a) of the Act in accordance with this SEPP (s 2.9; s 2.17). That changes who can legally issue subdivision certificates in those circumstances.
Government Architect and design review panels
For residential SSD otherwise subject to an architectural competition or competitive design process, an applicant may pursue an ADE pathway by applying to the Government Architect NSW, who must approve the pathway and approve or accept a design review panel, or the consent authority may establish a design review panel (ss 2.12D-2.12E). The Government Architect therefore acquires a gatekeeper role in the ADE pathway.
Concurrence authorities and Planning Secretary
A person or agency whose concurrence is required by another provision may fail to respond in time. Section 4.3 empowers the Planning Secretary to elect to act in the place of that person and decide concurrence within the time allowed by regulations; the Planning Secretary must notify the consent authority (s 4.3(1)-(6)). This changes the practical locus of concurrence when relevant agencies do not act expeditiously.
Communities and objectors
The counting rules for submissions mean community mobilisation can trigger IPC involvement: petitions and identical submissions are each counted as one for the 50 submission threshold (s 2.7(6)). Thus community groups that coordinate identical text are likely to achieve counting economies relevant to consent authority designation.
Who bears costs (direction from the text)
The Policy itself does not impose explicit monetary penalties or levies. But practical cost-bearers include applicants who must prepare the technical assessments necessary for SSD/SSI (Schedules refer to EIA thresholds and the Act’s environmental assessment machinery), applicants seeking ADE pathway approval will need to prepare applications in accordance with a Department advisory note (s 2.12E(2)), and Aboriginal Land Councils who prepare development delivery plans must either prepare the plan or be consulted where the Minister prepares it on their behalf (s 3.6(2)-(4)). Councils may incur costs if their involvement is displaced where the IPC becomes consent authority.
The Policy thus reassigns procedural rights and responsibilities across public authorities, applicants, Aboriginal Land Councils and community participants through a set of thresholds, designated maps and decision designations.
Key duties and rights
The Policy creates a number of duties on public officials, consent authorities and applicants and confers procedural rights on some parties. These duties determine the conduct of planning assessments and the applicable decision pathways.
Duties of consent authorities and decision bodies
The IPC is declared to be the consent authority in specific circumstances (s 2.7(1)), and where it is declared the IPC exercises the consent authority function under s 4.5(a) of the Act (s 2.7 note). The Minister retains the residual role when the IPC is not declared consent authority (s 2.7 note).
A consent authority must have regard to matters in an approved development delivery plan for land owned by an Aboriginal Land Council when determining an application for development consent on that land (s 3.8). The matters to be had regard to include those listed at s 3.7(2) such as measures to support Aboriginal cultural heritage and biodiversity conservation and proposals for public infrastructure.
Ministerial duties
The Minister is obliged to approve development delivery plans for Aboriginal Land Council land only if the Minister is satisfied the plan was prepared by the responsible Council or, where prepared by the Minister, the responsible Council was consulted and submissions considered (s 3.6(1)-(2)). The Minister may amend or refuse to approve a plan prepared by the Council but must consult the responsible Council before amending a plan prepared by the Council (s 3.6(3)-(4)). Approved plans are taken to be approved on publication in the Gazette or on the NSW planning portal (s 3.6(5)).
Government Architect and ADE pathway duties
Under the ADE pathway, an applicant must apply to Government Architect NSW and the Architect must approve the application before the pathway is available; a nominated design review panel must review the design and the consent authority must consider the panel’s advice (s 2.12E(1)(a)-(d)). The ADE application must be prepared in accordance with a Department advisory note published November 2025 (s 2.12E(2)). The design review panel must be of at least three persons (s 2.12E(3)).
Planning Secretary concurrence duty
If a person whose concurrence is required does not inform the consent authority within the time allowed, the Planning Secretary may elect to act in that person’s place to decide whether to grant concurrence; the Secretary must give written notice within the time allowed by the regulations and take into account the matters the relevant provision requires (s 4.3(1)-(5), (3)). A notice can be given by the NSW Planning Portal (s 4.3(7)).
Rights to certification and subdivision
Accredited certifiers may issue subdivision certificates for subdivisions that are SSD or SSI in accordance with s 6.5(3)(a) of the Act (s 2.9; s 2.17). This is a right for accredited certifiers and a duty to follow the Act’s subdivision certification rules.
Duties on mapping and public access
Named maps are to be kept and made available for public access under arrangements approved by the Minister; maps may be electronic or paper and may be amended by environmental planning instruments approved by the Minister (s 2.3(1)-(4)). The Minister must make approved development delivery plans publicly available (s 3.6(7)).
DCP non‑application
Development control plans do not apply to SSD or to development for which a council is the consent authority under s 4.37 of the Act (s 2.10(1)). Similarly, requirements of an environmental planning instrument that a DCP be prepared before consent does not apply to SSD and to development for which a relevant council is the consent authority (s 2.10(2)). This is both a duty‑removal (for councils) and a right (for applicants) in the sense that DCP compliance will not impose an additional precondition for consent in these cases.
Aggregation and counting rules
If a single proposed development comprises development partly SSD, the remainder is also declared SSD unless the Director‑General determines otherwise; specific exceptions apply (s 2.6(2)). For public submissions, each petition and submissions with the same text count as one for the 50 submission trigger that designates the IPC as consent authority (s 2.7(6)). Those are procedural counting rules affecting rights to have decisions made by the IPC.
Procedural protections and transitional rights
The Policy contains transitional provisions which preserve the status of development applications made before relevant changes: development that becomes SSD under the Chapter is not SSD if the development application was made but not determined before the development was so identified and the consent authority was a council or a Sydney district or regional planning panel (s 2.21). There are several other transitional and savings clauses that protect existing applications (ss 2.22-2.25; 3.11).
All of these duties and rights are expressed in the Policy; the wider regulatory consequences (liability, offences, timeframes and appeal rights) are governed by the Act and associated Regulations, to which this instrument constantly refers (see s 1.3 notes and repeated statutory cross‑references).
Penalties and enforcement
The Policy itself is primarily classificatory and procedural and does not prescribe new criminal penalties or a separate enforcement regime in its text. The instrument repeatedly cross‑references the Environmental Planning and Assessment Act 1979 and other Acts for definitions and related operation (s 1.3 note; multiple cross references in ss 2.2, 2.5, 3.2). Practical enforcement and penalties therefore remain those established by the Act, the Regulations and any other relevant environmental or planning instrument to which the development is subject.
What the Policy does provide that affects enforcement practice
Decision rights and administrative remedies are reorganised for classes of development. Where the IPC is declared to be the consent authority under s 2.7, appeals, merits review and judicial review rights that attach to decisions of the IPC will define the practical enforcement/oversight regime for those projects; the Policy itself does not alter statutory appeal avenues in the Act.
The Planning Secretary’s power to act in the place of another concurrence authority where that person fails to decide within the time allowed (s 4.3(1)) is an administrative enforcement backstop designed to prevent concurrence deadlocks. The Secretary must provide written notice of decisions within the time allowed by the regulations (s 4.3(4)).
The Policy makes certain development control plans inapplicable to SSD (s 2.10). That reduces a local-level compliance obligation but shifts compliance attention to the State assessment process and the Act’s EIA and approval conditions if consent is granted.
Accredited certifiers are authorised to issue subdivision certificates for SSD and SSI subdivisions in accordance with s 6.5(3)(a) of the Act (ss 2.9 and 2.17). The certification regime under the Act includes professional duties and potential disciplinary or liability consequences for certifiers; those consequences are not redefined in this SEPP.
Because the Policy defers substantive penalty and offence mechanics to the Act and other instruments, practitioners should read the Policy in tandem with the Act and the Regulations to identify relevant offences, time limits, review rights and enforcement powers that apply after classification and consent. The Policy’s transition and savings clauses also limit retrospective enforcement change for existing applications in a number of scenarios (see ss 2.21-2.25 and 3.11).
How it interacts with other laws
The Policy is written as an instrument that sits inside the wider architecture of environmental planning law in New South Wales. The text itself spells out several specific interaction rules.
Primacy and inconsistency rules
Subject to s 74(1) of the Act, the Chapter prevails over other environmental planning instruments to the extent of any inconsistency (s 2.5). The ADE division similarly prevails over another environmental planning instrument to the extent of inconsistency (s 2.12C). Multiple other Chapter provisions repeat this precedence approach (see s 3.4 for Part 3).
Interpretation Act transfer rule
Section 1.4 takes section 30A of the Interpretation Act 1987 to apply to provisions transferred to this Policy as it applies to provisions transferred from a statutory rule to another statutory rule (s 1.4). The Interpretation Act provision preserves the operation and meaning of transferred provisions and requires such a provision to be construed as if it had not been transferred. This is an interpretative safeguard for continuity.
Cross‑references to the Act and other SEPPs
The Policy repeatedly binds to statutory definitions and machinery found in the Act (s 1.3; s 2.2). It references other SEPPs and specific parts of those SEPPs for environmental definitions (for example, coastal wetland maps under the Coastal Management SEPP, the Threatened Species provisions, State Heritage Register references in the definition of environmentally sensitive area of State significance) (s 2.2).
The Policy’s SSD and SSI declarations operate in the context of Part 4 and Division 5.2 of the Act. The text notes that development declared SSD does not necessarily require consent where an instrument permits it without consent and that such permitted development may nevertheless be treated as State significant infrastructure or be subject to Part 5 activity rules (s 2.6 note).
Savings and transitional provisions
Several savings provisions ensure that repealed SEPPs continue to apply to deemed EPIs (s 4.4) and that applications made under certain repealed SEPPs or under prior arrangements continue to be treated under the old rules where expressly preserved (s 4.5; s 2.21-2.25; s 3.11). These are specific interaction rules that prevent sudden retrospective reclassification of applications.
Concurrence and agency process
The Planning Secretary may stand in where a concurrence authority does not decide in time (s 4.3). The relevant provision lists specific concurrence provisions in other SEPPs where this backup applies, including the Biodiversity and Conservation SEPP and precinct SEPPs (s 4.3(8) and relevant paragraphs).
DCPs and local instruments
Development control plans do not apply to SSD (s 2.10). The Policy therefore removes a common local compliance instrument from SSD applications, which changes the interaction between local DCPs and State assessment. Where other environmental planning instruments require a DCP as a precondition to consent, that requirement does not apply to SSD (s 2.10(2)).
Regulatory-dependent definitions
The Policy relies on definitions, and some thresholds, that are set in the Environmental Planning and Assessment Regulation 2021 (s 2.2). Practitioners must consult the Regulation to determine the precise estimated development cost calculation, which in turn affects classification under Schedules.
Project‑specific cross‑overs
The Schedules contain project‑specific declarations that cross over with other Acts and SEPPs (for example, pipelines under the Pipelines Act 1967 in Schedule 3, and references to the Biodiversity Conservation Act 2016). These cross‑references mean the substantive law applicable to those projects will include other statutes and regulations referenced in the Schedules and definitions.
In short, the Policy is an instrument of classification and procedure that deliberately relies on and integrates with the Act, Regulations and other SEPPs. Practitioners must therefore read the Policy alongside those instruments to understand the full legal consequences of classification, consent, concurrence and review.
Amendment history
The Policy text includes many amendment annotations and insertion notes. The document as provided shows the following key amendment features and timeline markers that are embedded in the Part and section notes. Below are the amendment references as recorded in the instrument (literal citations appear in the text):
Commencement and naming: the instrument is named in s 1.1 and commenced on 1 March 2022 (s 1.2).
Multiple sections show amendment entries with statute year and entry numbers. Examples from the text include:
s 2.2 (definitions) shows amendments: Am 2022 (152), Sch 1[1]; 2022 (827), Sch 2[1]; 2023 (523), Sch 2.2[1]; 2025 (82), Sch 2[1] [2]; 2025 (423), Sch 4[1]. Those are the recorded amendment citations attached to s 2.2.
s 2.3 (maps) shows an amendment: Am 2025 (82), Sch 2[3].
s 2.6 (declaration of SSD) shows an insertion note: Am 2025 (618), Sch 1[1].
s 2.7 (designation of IPC) shows amendments: Am 2024 (653), Sch 1[1]; 2025 (25), Sch 1[1]; 2025 (565), Sch 1.
Division 2 (Alternative design excellence pathway) is an insertion in 2025: Ins 2025 (616), Sch 1[2]. Subsections 2.12A-2.12F bear the insertion note Ins 2025 (616), Sch 1[2].
s 2.10 (DCP non‑application) shows amendment: Am 2022 (742), Sch 2[1] [2].
s 2.11 (concept development applications) shows amendment: Am 2023 (523), Sch 2.2[2].
Part 3 (Aboriginal Land Council delivery plans) shows amendments recorded with several citations: s 3.1 was Am 2022 (822), Sch 1[1]; s 3.2 shows multiple Am citations including 2022 (152), 2022 (440), 2022 (822), 2023 (523).
s 3.6-3.8 (development delivery plans) show amendments to content and numbering with Am 2022 (822), Sch 1[6]-[9].
Schedule annotation lines show many amendment citations for Schedules 1-6, for example: Sch 1 annotated Am 2022 (99), Sch 2[1]-[5]; Am 2022 (112), Sch 2.4; and several 2022-2025 entries. Schedule 5 shows an extended series of amendments 2022-2026 (sch 5 annotation).
Schedule 3 has amendments recorded: Am 2022 (742), Sch 2[3]; 2023 (523), Sch 2.2[9]; 2025 (692), Sch 3.
The amendment notes indicate that since commencement the instrument has been actively amended across 2022-2026 with new insertions, repeals of sections (for example s 3.5 was repealed in 2022 (s 3.5: Rep 2022 (822), Sch 1[5])), additions of project‑specific Schedule entries and the insertion in 2025 of the ADE pathway regime (Ins 2025 (616), Sch 1[2]). The text also records that various Schedule entries have been the subject of amendment orders across 2022-2025 and into 2026.
What the amendment history tells you operationally (from the text)
The Policy is a live instrument that has been adjusted frequently since its commencement. Project‑specific entries and the ADE pathway were added by amendment instruments, and multiple Schedules show repeated amendment timestamps. Those timestamps appear beside each section and Schedule in the instrument, and they are the only amendment history recorded in the Policy text you provided.
If you need a consolidated, chronological table of each amending instrument by date, title and effect, the Policy records the relevant amending instrument references inline at each section and Schedule. To convert those citations into a formal amendment timeline you will need to fetch the amending instrument texts identified by the bracketed citations (for example 2025 (616), Sch 1[2]) from the NSW legislation database.
Litigation history
The Policy text as provided contains no reported litigation history, case citations or judicial interpretations. The instrument itself is an environmental planning policy that cross‑refers to the Environmental Planning and Assessment Act 1979 and to other Acts. The Policy’s internal notes cite only relevant Acts, Regulations and SEPPs; they do not list cases.
Operational consequences of that absence in the text
There are no judicially developed glosses, definitions or interpretive precedents recorded inside the Policy text. Any litigation that bears on the Policy’s application or on how its thresholds are interpreted would be a matter in the public record elsewhere, for example reported decisions or unreported judgments dealing with the Act, with the IPC, or with a particular Schedule project. The Policy does not itself include a litigation register or a list of cases.
Practical implication for practitioners
Because the Policy is a classification and procedural instrument, legal challenges are likely to raise issues under the Act (for example jurisdictional error in consent authority designation, procedural fairness, whether a development is properly aggregated, or whether a Ministerial planning order lawfully reclassifies a development). To analyse potential litigation risks you will need to combine: the Policy, the text of the Act and Regulations, the text of any relevant Ministerial planning orders or environmental planning instruments that amend maps or Schedules, and any judicial decisions interpreting the Act or prior SEPPs.
If you require a search for case law that has considered particular clauses of this SEPP or the Act’s application to projects listed in the Schedules, that search will need to be undertaken in the case law databases because the Policy document itself contains none.
Gotchas
The Policy contains a number of practical traps for the unwary. Below are specific “watchouts” drawn from the text, and the precise statutory hooks you must check when advising a client.
Threshold and aggregation traps
Many declarations hinge on estimated development cost. The Policy points to the Regulation for the meaning of “estimated development cost” (s 2.2). Practitioners must calculate that figure carefully because it controls whether a project crosses into SSD/SSI/RSD. Aggregation rules can convert otherwise local projects into SSD where parts are sufficiently related (s 2.6(2)), and concept or staged development rules can bring separately lodged portions within the State‑significant threshold (ss 2.11, 2.18, 2.20). Do not assume a parcel can be carved to avoid thresholds without testing the aggregation and concept rules.
DCP non‑application and local design expectations
DCPs do not apply to SSD or to development for which a council is the consent authority under s 4.37 (s 2.10(1)-(2)). If applicants assume they will avoid State assessment by relying on compliance with a local DCP, they may be mistaken. Conversely, local councils cannot insist on a DCP precondition for SSD. This changes timing and scope of design obligations.
Maps and Ministerial amendments
A reference to a named map is a reference to a Minister‑approved map as amended or replaced by instruments approved by the Minister (s 2.3(1)). Because maps are Minister‑approved and can be amended by environmental planning instruments, a site’s classification can change by map amendment. Always check the Minister‑approved map currently in force, not only earlier versions.
Counting submissions and petitions
For the 50‑submission trigger that can move a matter to the IPC, each petition counts as one submission and submissions with the same or substantially the same text are each to be counted only once (s 2.7(6)). This produces tactical behaviours for proponents and community groups: identical text submissions will be treated as one, lowering the number of counted objections; petitions count as one; coordinated multiple distinct submissions still count individually. Do not assume “50 emails” equals 50 counted objections.
Political donation trigger
If an applicant has disclosed a reportable political donation under s 10.4 of the Act in connection with the application, the IPC becomes the consent authority (s 2.7(1)(c); s 2.7(3)). That creates a nontechnical trigger that can change the decision maker regardless of the amount of opposition. Check political donation disclosure records where relevant.
Exclusions and scope limits
Complying development and exempt development provisions may exclude development that would otherwise be SSD or SSI (ss 2.8, 2.16). A provision in an environmental planning instrument that classifies particular development as complying or exempt will remove State significance unless the development is part of a larger State significant package. Check applicable local and State instruments carefully.
Design competition vs ADE pathway
In locations where a competitive design process or architectural competition is required by an environmental planning instrument prescribed in the table to s 2.12D, the developer may nevertheless apply for the ADE pathway. The pathway requires Government Architect NSW approval and use of a design review panel approved by the Architect or established by the consent authority (s 2.12E). The ADE pathway is temporary and the division is repealed on 30 November 2027 (s 2.12B(2)). The application must be prepared in accordance with a Department advisory note published November 2025 (s 2.12E(2)). Failure to follow the advisory note may invalidate claims to the pathway.
Aboriginal Land Council delivery plans
Where land is owned by an Aboriginal Land Council, the Minister approves development delivery plans (s 3.6) and consent authorities must have regard to plan matters (s 3.8). If the Minister prepared a plan, the responsible Council must have been consulted and submissions considered before approval (s 3.6(2)). Lack of proper consultation by the Minister when preparing a plan could be the basis for procedural challenge; conversely, proponents must be aware the Council’s plan must be considered, which may create additional expectations or constraints.
Transitional protections
A number of transitional clauses protect existing development applications from being reclassified by later amendments (ss 2.21-2.25; s 3.11). Do not assume a late amendment to Schedules will immediately change the regime for an existing application; check the relevant transitional clause.
Certifiers can issue subdivision certificates
Accredited certifiers are authorised to issue subdivision certificates for SSD and SSI subdivisions under s 6.5(3)(a) of the Act (s 2.9; s 2.17). If clients rely on council certification only, verify whether certified subdivision is available and whether an accredited certifier is comfortable issuing that certificate for an SSD/SSI subdivision.
Site‑specific Schedule entries
The Schedules include many site‑specific entries (Schedules 2-5). Those entries can place relatively small projects into a State or critical State classification by virtue of location. Always check the State Significant Development Sites Map and the State Significant Infrastructure Sites Map (s 2.2 definitions and s 2.3 map rules).
Counting concept development parts
For concept applications, any part that is the subject of a separate development application is taken to be development specified in the Schedule (s 2.11; s 2.20). This can result in parts remaining State significant even if they do not individually exceed thresholds.
These are practical, text‑based gotchas that practitioners should verify with a site and project‑specific analysis against the Policy, the Act and the Regulation.
How to comply
The Policy establishes clear decision pathways and procedural steps. The checklist below is a practical compliance roadmap drawn from the Policy text; cite the sections noted when you prepare the application strategy.
Determine classification
Check whether the proposed development is listed in Schedule 1, 2, 3, 4, 5 or 6 (ss 2.6, 2.13, 2.14, 2.15, 2.19). Use the relevant Minister‑approved maps named in the Policy to confirm site inclusion (s 2.3). Calculate the estimated development cost per the Regulation (s 2.2) because many thresholds are cost‑based.
Check aggregation and concept rules
If the project is part of a combined development or a concept development application, apply the aggregation rules in s 2.6(2), s 2.11 and s 2.18 to assess whether smaller parts will be elevated to SSD/SSI. For staged SSI applications, refer to s 2.18.
Confirm consent authority
Review s 2.7 to determine whether the IPC will be the consent authority: check whether the local council has lodged a submission/object, whether there are 50 or more submissions (counting rules at s 2.7(6)), and whether any reportable political donation has been disclosed under s 10.4 of the Act in connection with the application (s 2.7(1)(a)-(c)). If the matter may be SSI‑related the Minister may make a ministerial planning order to reclassify it (s 2.7(2)).
Prepare assessment materials
Where SSD or SSI classification applies, prepare the environmental assessment documents required by the Act and the Department’s environmental assessment requirements. The Policy itself defers the assessment mechanics to the Act and the Regulation (s 1.3 notes). For any ADE pathway application (residential SSD where a competitive design process would otherwise be required), prepare the ADE pathway application in accordance with the State Significant Development: Housing Design Competition Exemption Pathway Advisory Note (s 2.12E(2)) and assemble an approved design review panel (s 2.12E(3)).
Engage early with Aboriginal Land Council requirements
If the land is owned by an Aboriginal Land Council, determine whether a development delivery plan applies or needs to be prepared (s 3.3; s 3.6). If a plan is applicable, engage early because the consent authority must have regard to matters in the plan when determining an application (s 3.8). If the Minister prepares the plan, ensure the responsible Council was consulted as required by s 3.6(2).
Check concurrence and concurrence timing
If a concurrence is required under another provision listed in s 4.3(8), be aware that the Planning Secretary can elect to act if the concurrence authority fails to respond in time (s 4.3(1)). Monitor time limits and be ready to request the Planning Secretary’s election if necessary. Keep written records of notices and submissions since written notices may be given via the NSW Planning Portal (s 4.3(7)).
Public participation strategy
Identify public exhibition and submission exposures. If the project could attract 50 or more submissions or a petition, anticipate the IPC designation consequences (s 2.7(1)(b); s 2.7(6)). Plan community engagement to manage the risk that coordinated identical submissions will be counted as one.
Subdivision certificate pathway
If the project includes subdivision that is SSD or SSI, remember that accredited certifiers may issue subdivision certificates under s 6.5(3)(a) of the Act in accordance with this Policy (s 2.9; s 2.17). Confirm certifier accreditation and willingness to act on SSD/SSI subdivisions.
Check DCP reliance
Do not assume compliance with a local DCP will be decisive for SSD because DCPs do not apply to SSD in any event (s 2.10(1)-(2)). Ensure design and compliance obligations are aligned with the State assessment requirements rather than a local DCP.
Transitional and savings rules
If the application was lodged before a relevant amendment took effect, check the transitional provisions that may preserve the old status (ss 2.21-2.25; 3.11). For example, development that becomes SSD under the Chapter is not SSD for the purpose of a development application made but not determined before the development was so identified where the consent authority was a council or a Sydney district or regional planning panel (s 2.21).
Map and instrument currency
Confirm you are using the most recent Minister‑approved maps and environmental planning instruments that amend or replace those maps (s 2.3(1)). Map amendments can alter whether a site is in a State Significant Development Site or State Significant Infrastructure Site.
Document political donation situation
Check whether any reportable political donation disclosure applies to the applicant in connection with the development application; such a disclosure triggers the IPC designation for both initial applications and modification applications (s 2.7(1)(c); s 2.7(3)).
Record keeping and notices
Use the NSW Planning Portal for written notices where permitted (s 4.3(7)). Retain records of Ministerial approvals (development delivery plans are taken to be approved on publication in the Gazette or portal, s 3.6(5)).
This compliance checklist maps directly to the Policy text and should be used in concert with the Act, the Regulation’s definition of estimated development cost, the named Minister‑approved maps, the Department advisory notes referenced under the ADE pathway, and any relevant local instruments. Where the Policy is silent on substantive assessment matters, rely on the Act and the Regulations for technical EIA, conditions and appeal mechanics.
environmentally sensitive area of State significance means—
(a) coastal waters of the State, or
(b) land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018), or
(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(f) land identified in an environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(g) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or
(h) land, places, buildings or structures listed on the State Heritage Register under the Heritage Act 1977, or
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.
port facilities includes any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Sydney Metro means Sydney Metro constituted under the Transport Administration Act 1988, section 38.
the Act means the Environmental Planning and Assessment Act 1979.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2) Words and expressions used in this Chapter have (in relation to State significant infrastructure) the same meaning as they have in Division 5.2 of the Act.
(3) Words and expressions used in this Chapter have (subject to this section) the same meaning as they have in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
(4) Notes included in this Chapter do not form part of this Chapter.
(1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
(5) A reference in this section to an environmental planning instrument includes a reference to an order of the Minister that amends an environmental planning instrument.
s 2.3: Am 2025 (82), Sch 2[3].
2 Land to which Chapter applies
2 Land to which Chapter applies
2.4 Land to which Chapter applies
This Chapter applies to the State.
2 Relationship to other environmental planning instruments
2 Relationship to other environmental planning instruments
2.5 Relationship to other environmental planning instruments
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
Part 2 State significant development
Part 2 State significant development
Part 2.2 State significant development
Division 1 General
Division 1 General
Division 1 General
pt 2.2, div 1, hdg: Ins 2025 (616), Sch 1[1].
2 Declaration of State significant development: section 4.36
2 Declaration of State significant development: section 4.36
2.6 Declaration of State significant development: section 4.36
(1) Development is declared to be State significant development for the purposes of the Act if—
(a) the development on the land concerned is, by the operation of an environmental planning instrument, not permissible without development consent under Part 4 of the Act, and
(b) the development is specified in Schedule 1 or 2.
(2) If a single proposed development the subject of one development application comprises development that is only partly State significant development declared under subsection (1), the remainder of the development is also declared to be State significant development, except for—
(a) so much of the remainder of the development as the Director-General determines is not sufficiently related to the State significant development, and
(b) 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), and
(c) development specified in Schedule 1 to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.
(3) This section does not apply to development that was the subject of a certificate in force under clause 6C of State Environmental Planning Policy (Major Development) 2005 immediately before the commencement of this Chapter.
(4) Despite subsection (1), development specified in Schedule 1 is not declared to be State significant development if the development is carried out on land to which State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 6 applies.
Note.
Development does not require consent under Part 4 of the Act merely because it is declared to be State significant development under this section. Any such development that, under an environmental planning instrument, is permitted without consent may be an activity subject to Part 5 of the Act or State significant infrastructure subject to Division 5.2 of the Act. Any such development that is permitted without consent may become State significant development requiring consent if it is part of a single proposed development that includes other development that is State significant development requiring consent (see section 4.38(4) of the Act and subsection (2)).
s 2.6: Am 2025 (618), Sch 1[1].
2 Designation of Independent Planning Commission as consent authority for certain State significant development
2 Designation of Independent Planning Commission as consent authority for certain State significant development
2.7 Designation of Independent Planning Commission as consent authority for certain State significant development
(1) The Independent Planning Commission is declared, under section 4.5(a) of the Act, to be the consent authority for any of the following development that is State significant development unless the application to carry out the development is made by or on behalf of a public authority or unless the development is declared to be State significant infrastructure related development under subsection (2)—
(a) development in respect of which the council of the area in which the development is to be carried out has duly made a submission by way of objection under the mandatory requirements for community participation in Schedule 1 to the Act,
(b) development in respect of which at least 50 submissions (other than from a council) have duly been made by way of objection under the mandatory requirements for community participation in Schedule 1 to the Act,
(c) development the subject of a development application made by a person who has disclosed a reportable political donation under section 10.4 to the Act in connection with the development application.
Note.
Under section 4.5(a) of the Act, the Minister is the consent authority for State significant development if the Independent Planning Commission has not been declared to be the consent authority for the development by an environmental planning instrument.
(2) The Minister may, if of the opinion that any State significant development is related to State significant infrastructure, declare, by Ministerial planning order, that the development is State significant infrastructure related development for the purposes of this section.
(3) The Independent Planning Commission is also declared, under section 4.5(a) of the Act, to be the consent authority in respect of an application to modify a development consent that is made by a person who has disclosed a reportable political donation under section 10.4 of the Act in connection with the modification application.
(4) This section extends to development the subject of development applications that were made before the commencement of this section and that have not been determined on that commencement.
(5) However, this section does not apply to development the subject of a development application that was made before the commencement of this section if the Minister notified the Planning Assessment Commission in writing before that commencement that the Minister would determine the development application.
(6) For the purposes of subsection (1)(b), each of the following is to be counted as 1 submission—
(a) a petition,
(b) any submissions that contain the
This is an opening excerpt, not the complete document.