State Environmental Planning Policy (Planning Systems) 2021
31Thermal energy from waste development
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31 Thermal energy from waste development
31 Thermal energy from waste development
(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.
(4) A word or expression used in this section has the same meaning as in the Protection of the Environment Operations (General) Regulation 2022, Chapter 9, Part 4, unless otherwise defined in this section.
(5) In this section—
waste has the same meaning as in the Protection of the Environment Operations Act 1997.