1 Name of Policy

1.1 Name of Policy

This Policy is State Environmental Planning Policy (Precincts—Regional) 2021.

Part 2 Preliminary

Part 2.1 Preliminary

2 Aims of Chapter

2.1 Aims of Chapter

The aims of this Chapter are as follows—

(a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,

(b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.

Part 3 Preliminary

Part 3.1 Preliminary

3 Aims of Chapter

3.1 Aims of Chapter

The aim of this Chapter is to identify Activation Precincts in order to—

(a) promote economic development, industry investment and innovation and to create employment in those Precincts, and

(b) facilitate strategic and efficient development of land and infrastructure in those Precincts, and

(c) protect and enhance land in those Precincts that has natural and cultural heritage value.

Division 1 General

Division 1 General

Division 2 Consultation for certain development

Division 2 Consultation for certain development

Part 4 Preliminary

Part 4.1 Preliminary

pt 4.1: Subst 2022 (824), Sch 1[1].

4 Aim and objectives of Chapter

4.1 Aim and objectives of Chapter

(1) The aim of this Chapter is to protect and enhance the Alpine Region by ensuring development is managed with regard to the principles of ecologically sustainable development, including the conservation and restoration of ecological processes, natural systems and biodiversity.

(2) The objectives of this Chapter are as follows—

(a) to encourage the carrying out of a range of development to support sustainable tourism in the Alpine Region all year round, if the development does not result in adverse environmental, social or economic impacts on the natural or cultural environment of the Alpine Region, including cumulative impacts on the environment from development and resource use,

(b) to establish planning controls that—

(i) contribute to and facilitate the carrying out of ecologically sustainable development in the Alpine Region, and

(ii) recognise the Alpine Region’s significant contribution to recreation and the tourism economy in the State,

(c) to minimise the risk to the community of exposure to environmental hazards, particularly geotechnical hazards, bush fires and flooding, by—

(i) generally requiring development consent on land in the Alpine Region, and

(ii) establishing planning controls for buildings to ensure the safety of persons using the buildings if there is a fire.

s 4.1: Subst 2022 (824), Sch 1[1].

ch.4-pt Land Use Table

Land Use Table

Blue Cow Terminal

Bullocks Flat Terminal

Charlotte Pass Alpine Resort

Creel Bay Alpine Accommodation

Kosciuszko Tourist Park Alpine Accommodation

Mount Selwyn Alpine Resort

Perisher Range Alpine Resort

Ski Rider Alpine Accommodation

Sponars Chalet Alpine Accommodation

Thredbo Alpine Resort

Thredbo Ranger Station Alpine Accommodation

Part 5 Preliminary

Part 5.1 Preliminary

Note.

The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Chapter is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Chapter and the clause numbering from that order has been retained. This means that the numbering in this Chapter may contain some gaps. Additional provisions have been inserted and are numbered accordingly.

5 Aims of Chapter

5.1 Aims of Chapter

The aims of this Chapter are as follows—

(a) to promote the economic and social revitalisation of Gosford City Centre,

(b) to strengthen the regional position of Gosford City Centre as a multi-functional and innovative centre for commerce, education, health care, culture and the arts, while creating a highly liveable urban space with design excellence in all elements of its built and natural environments,

(c) to protect and enhance the vitality, identity and diversity of Gosford City Centre,

(d) to promote employment, residential, recreational and tourism opportunities in Gosford City Centre,

(e) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Gosford City Centre achieves sustainable social, economic and environmental outcomes,

(f) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Gosford City Centre for the benefit of present and future generations,

(g) to help create a mixed use place, with activity during the day and throughout the evening, so that Gosford City Centre is safe, attractive and efficient for, and inclusive of, its local population and visitors alike,

(h) to preserve and enhance solar access to key public open spaces,

(i) to provide direct, convenient and safe pedestrian links between Gosford City Centre and the Gosford waterfront,

(j) to ensure that development exhibits design excellence to deliver the highest standard of architectural and urban design in Gosford City Centre.

Part 6 Preliminary

Part 6.1 Preliminary

pt 6.1: Ins 2025 (618), Sch 2[1].

6 Aims of chapter

6.1 Aims of chapter

The aims of this chapter are as follows—

(a) to promote sustainable, orderly and transformational development in the Port Kembla Land Transformation Precinct,

(b) to ensure development is compatible with the long-term growth of Port Kembla and the ongoing operational needs of Port Kembla Steelworks,

(c) to encourage employment opportunities to support the revitalisation of the Port Kembla Land Transformation Precinct,

(d) to ensure that urban development on the land achieves desirable environmental, social and economic outcomes,

(e) to ensure that utility and transport infrastructure is delivered in a staged manner that supports the Port Kembla Land Transformation Precinct,

(f) to protect and enhance land in the Port Kembla Land Transformation Precinct that has natural and cultural heritage value.

s 6.1: Ins 2025 (618), Sch 2[1].

app.1 State significant precinct—Kings Forest site

Appendix 1 State significant precinct—Kings Forest site

section 2.7

7 Ecological buffers

7 Ecological buffers

(1) Consent must not be granted to development on land within an ecological buffer unless the consent authority is satisfied, after considering a detailed environmental assessment, that—

(a) the development complies with the objectives for ecological buffers and other provisions of this section, and

(b) there is no practicable alternative to siting the development within the buffer.

(2) The objectives for ecological buffers are—

(a) to protect wetlands or areas of particular habitat significance, and

(b) to restrict development so that, as far as practicable, it does not occur within ecological buffers, and

(c) to help ensure that development is designed, sited and managed so as to minimise its impact on the ecological and hydrological functions of ecological buffers, and

(d) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to wetlands or areas of particular habitat significance.

(3) Development on land within an ecological buffer is to—

(a) incorporate effective measures to manage wetlands or areas of particular habitat significance, and

(b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and

(c) retain and maintain all existing native vegetation outside the area immediately required for the development, and

(d) incorporate measures to regenerate native vegetation for all disturbed areas within the buffer, and

(e) incorporate appropriate stormwater and erosion control measures to protect the buffer from surface water run-off or other disturbance.

(4) When considering whether or not there is a practicable alternative to siting development inside an ecological buffer, the consent authority must consider—

(a) the design, type and site cover of the proposed development, and

(b) the physical characteristics of the land on which the development is proposed to be carried out, and

(c) the suitability of the land for the proposed development.

8 Agricultural buffers

8 Agricultural buffers

Consent must not be granted to development on land within an agricultural buffer unless the consent authority has considered the potential impact of the proposed development on agricultural activities on land adjoining the buffer and of those agricultural activities on future occupiers of land within the buffer.

9 Complying development

9 Complying development

For the purposes of determining whether development within the Kings Forest site is complying development, the provisions in Tweed Development Control Plan No 40 (as adopted by Tweed Shire Council on 6 October 2004) relating to single dwelling houses, or to development ancillary to single dwelling houses, are taken not to apply to the Kings Forest site.

10 Relationship with other environmental planning instruments

10 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Kings Forest site are as follows—

(a) in the case of development that is a transitional Part 3A project—Chapter 2 and all other State environmental planning policies otherwise applicable to the land, except clause 4.6 of Tweed Local Environmental Plan 2014,

(b) in the case of all other development—all environmental planning instruments otherwise applicable to the land, except clause 4.6 of Tweed Local Environmental Plan 2014, but only to the extent that those instruments are not inconsistent with Chapter 2.

11 Infrastructure development and the use of existing buildings of the Crown

11 Infrastructure development and the use of existing buildings of the Crown

(1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

app.2 State significant precinct—Tomago Industrial site

Appendix 2 State significant precinct—Tomago Industrial site

section 2.7

Part 1 Preliminary

Part 1 Preliminary

12 Subdivision—consent requirements

12 Subdivision—consent requirements

(1) Land within the Tomago Industrial site may be subdivided, but only with consent.

Note.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

12A Demolition requires development consent

12A Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

12B Temporary use of land

12B Temporary use of land

(1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of Chapter 2, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.

(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).

13 Relationship with other environmental planning instruments

13 Relationship with other environmental planning instruments

The only environmental planning instruments that apply, according to their terms, to the Tomago Industrial site are all other State environmental planning policies.

14 Notice of development applications to be given to councils

14 Notice of development applications to be given to councils

The Secretary, in respect of an application to carry out development within the Tomago Industrial site that is a transitional Part 3A project, must forward a copy of the application—

(a) to the Port Stephens Council if the development, or any part of it, is proposed to be carried out in that council’s area, or

(b) to the Newcastle City Council, if the development, or any part of it, is proposed to be carried out in that council’s area,

or to both councils, as the case may require.

16 Suspension of covenants, agreements and instruments

16 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land within the Tomago Industrial site to be carried out in accordance with Chapter 2 or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) Nothing in subsection (1) affects the rights or interests of any public authority under any registered instrument.

(3) Pursuant to section 28 of the Act, before the making of this section, the Governor approved of subsections (1) and (2).

16A Conversion of fire alarms

16A Conversion of fire alarms

(1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subsection (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this section—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

17 Infrastructure development and use of existing buildings of the Crown

17 Infrastructure development and use of existing buildings of the Crown

(1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

app.3 State significant precinct—Sandon Point site

Appendix 3 State significant precinct—Sandon Point site

section 2.7

13A Demolition requires development consent

13A Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

13B Temporary use of land

13B Temporary use of land

(1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of Chapter 2, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.

(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).

15 Development in proximity to a rail corridor

15 Development in proximity to a rail corridor

(1) This section applies to land within the Sandon Point site that—

(a) comprises, or is within 60 metres of, an operating railway line or land reserved for the construction of a railway line, and

(b) is or is likely to be adversely affected by rail noise or vibration.

(2) Development must not be undertaken on land to which this section applies unless the development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.

18 Exceptions to development standards—other development

18 Exceptions to development standards—other development

(1) This section applies to development on land within the Sandon Point site, other than development that is part of a transitional Part 3A project.

(2) The objectives of this section are—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(3) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.

(4) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(5) The consent authority must keep a record of its assessment carried out under subsection (4).

(6) (Repealed)

(7) Development consent must not be granted under this section for a subdivision of land in Zone E2 Environmental Conservation if—

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(8) (Repealed)

(9) This section does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

19 Development within the coastal zone

19 Development within the coastal zone

(1) The objectives of this section are as follows—

(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,

(b) to implement the principles in the NSW Coastal Policy, and in particular to—

(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and

(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and

(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and

(iv) recognise and accommodate coastal processes and climate change, and

(v) protect amenity and scenic quality, and

(vi) protect and preserve rock platforms, beach environments and beach amenity, and

(vii) protect and preserve native coastal vegetation, and

(viii) protect and preserve the marine environment, and

(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and

(xi) protect Aboriginal cultural places, values and customs, and

(xii) protect and preserve items of heritage, archaeological or historical significance.

(2) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority has considered—

(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to—

(i) maintaining existing public access and, where possible, improving that access, and

(ii) identifying opportunities for new public access, and

(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account—

(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work involved, and

(c) the impact of the proposed development on the amenity of the coastal foreshore including—

(i) any significant overshadowing of the coastal foreshore, and

(ii) any loss of views from a public place to the coastal foreshore, and

(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

(e) how biodiversity and ecosystems, including—

(i) native coastal vegetation and existing wildlife corridors, and

(ii) rock platforms, and

(iii) water quality of coastal water bodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

(f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise—

(i) on the proposed development, and

(ii) arising from the proposed development, and

(g) the cumulative impacts of the proposed development and other development on the coastal catchment.

(3) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority is satisfied that—

(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and

(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.

20 Architectural roof features

20 Architectural roof features

(1) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 14 may be carried out, but only with consent.

(2) Development consent must not be granted to any such development unless the consent authority is satisfied that—

(a) the architectural roof feature—

(i) comprises a decorative element on the uppermost portion of a building, and

(ii) is not an advertising structure, and

(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv) will cause minimal overshadowing, and

(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

20A Conversion of fire alarms

20A Conversion of fire alarms

(1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subsection (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this section—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

21 Preservation of trees or vegetation

21 Preservation of trees or vegetation

(1) The objective of this section is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2) This section applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this section by a development control plan made by the council.

Note.

A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.

(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a) development consent, or

(b) a permit granted by the council.

(4) The refusal by the council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the council to grant consent for the carrying out of the activity for which a permit was sought.

(5) This section does not apply to a tree or other vegetation that the council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6) This section does not apply to a tree or other vegetation that the council is satisfied is a risk to human life or property.

(7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item.

Note.

As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 22 will be applicable to any such consent.

(8) This section does not apply to or in respect of—

(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

22 Heritage conservation

22 Heritage conservation

(1) Development consent is required for any of the following—

(a) demolishing or moving a heritage item,

(b) altering a heritage item including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(c) altering a heritage item that is a building by making structural changes to its interior,

(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e) erecting a building on land on which a heritage item is located,

(f) subdividing land on which a heritage item is located.

(2) However, consent under this section is not required if—

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

(i) is of a minor nature, or is for the maintenance of the heritage item or archaeological site, and

(ii) would not adversely affect the significance of the heritage item, or

(b) the development is in a cemetery or burial ground and the proposed development—

(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c) the development is limited to the removal of a tree or other vegetation that the council is satisfied is a risk to human life or property, or

(d) the development is exempt development.

23 Public utility infrastructure

23 Public utility infrastructure

(1) Development consent must not be granted for development on land within the Sandon Point site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

(3) In this section, public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage.

24 Infrastructure development and use of existing buildings of the Crown

24 Infrastructure development and use of existing buildings of the Crown

(1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

25 Relevant acquisition authority

25 Relevant acquisition authority

(1) The objective of this section is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

| Type of land shown on Map | Authority of the State | | Nil | |

Note 1.

At the commencement of this Appendix, the Land Reservation Acquisition Map showed no land for acquisition.

Note 2.

If land, other than land specified in the Table to subsection (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this section. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

26 Suspension of covenants, agreements and instruments

26 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land within the Sandon Point site to be carried out in accordance with this Appendix or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This section does not apply—

(a) to a covenant imposed by the council or that the council requires to be imposed, or

(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g) to any planning agreement within the meaning of Division 7.1 of the Act.

(3) This section does not affect the rights or interests of any public authority under any registered instrument.

(4) Pursuant to section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3).

app.4 State significant precinct—Rise Bilambil Heights site

Appendix 4 State significant precinct—Rise Bilambil Heights site

section 2.7

11A Demolition requires development consent

11A Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

11B Temporary use of land

11B Temporary use of land

(1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of Chapter 2, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.

(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).

app.5 State significant precinct—Calderwood site

Appendix 5 State significant precinct—Calderwood site

section 2.7

17A Demolition requires development consent

17A Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

27 Heritage conservation

27 Heritage conservation

(1) Objectives The objectives of this section are—

(a) to conserve the environmental heritage of the Calderwood site, and

(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c) to conserve places of Aboriginal heritage significance.

(2) Requirement for consent Development consent is required for any of the following—

(a) demolishing or moving a heritage item,

(b) altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(c) altering a heritage item that is a building by making structural changes to its interior,

(d) disturbing or excavating a place of Aboriginal heritage significance,

(e) erecting a building on land on which a heritage item is located,

(f) subdividing land on which a heritage item is located.

(3) When consent not required However, consent under this section is not required if—

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

(i) is of a minor nature, or is for the maintenance of the heritage item or archaeological site, and

(ii) would not adversely affect the significance of the heritage item or archaeological site, or

(b) the development is limited to the removal of a tree or other vegetation that the relevant council is satisfied is a risk to human life or property, or

(c) the development is exempt development.

(4) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item concerned.

(5) Heritage impact assessment The consent authority may, before granting consent to any development on land—

(a) on which a heritage item is situated, or

(b) within the vicinity of land on which a heritage item is situated,

require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.

(6) Places of Aboriginal heritage significance The consent authority must, before granting consent under this section to the carrying out of development in a place of Aboriginal heritage significance—

(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(7) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Appendix, if the consent authority is satisfied that—

(a) the conservation of the heritage item is facilitated by the granting of consent, and

(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and

(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and

(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

(8) For the purposes of paragraph (b) of the definition of heritage item in section 2(1), the location and nature of a heritage item is specified in the following Table—

Table—heritage items

| Item name | Address | Property description | Item no | | Marshall Mount Methodist Cemetery | Calderwood Road, Calderwood | Lot 1, DP 195342 | 2 | | Marshall Mount Homestead and Barn | Marshall Mount Road, Calderwood | Part Lot 2, DP 2534 | 1 |

28 Public utility infrastructure

28 Public utility infrastructure

(1) Development consent must not be granted for development on land within the Calderwood site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

(3) In this section, public utility infrastructure includes infrastructure for any of the following—

(a) the supply of water,

(b) the supply of electricity or gas,

(c) the disposal and management of sewage.

29 Development near zone boundaries

29 Development near zone boundaries

(1) The objective of this section is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2) This section applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50m.

(3) This section does not apply to—

(a) land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation or Zone E3 Environmental Management, or

(b) land proposed to be developed for the purpose of sex services or restricted premises.

(4) Despite the provisions of Chapter 2 relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a) the development is not inconsistent with the objectives for development in both zones, and

(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

30

30 (Repealed)

31 Infrastructure development and use of existing buildings of the Crown

31 Infrastructure development and use of existing buildings of the Crown

(1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

32 Temporary use of land

32 Temporary use of land

(1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Appendix, development consent may be granted for development on land within the Calderwood site in any zone for a temporary purpose for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or housing estate may exceed 52 days (whether or not consecutive days) in any period of 12 months.

(5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).

33 Interim land use

33 Interim land use

(1) Despite any other provision of this Appendix, development consent may be granted for development on land to which this Appendix applies for the following purposes—

(a) animal boarding or training establishments,

(b) extensive agriculture,

(c) cellar door premises,

(d) farm buildings,

(e) farm forestry,

(f) farm stay accommodation,

(g) rural worker’s dwellings,

for a maximum period of 10 years.

(2) Development consent must not be granted unless the consent authority is satisfied that—

(a) the use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix or any other applicable environmental planning instrument, and

(b) the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the use and location of an structures will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.

app.6 State significant precinct—Southern Highlands Regional Shooting Complex site

Appendix 6 State significant precinct—Southern Highlands Regional Shooting Complex site

section 2.7

Schedule 1 Parkes Activation Precinct

Schedule 1 Parkes Activation Precinct

section 3.2(1), definition of “Activation Precinct”

Appendix 1, hdg: Subst 2022 (835), Sch 3[5].

Appendix 1: Am 2023 (626), Sch 1[15].

sch 1: Am 2022 (48), Sch 1[4]–[13]; 2022 (472), cl 5; 2022 (823), Sch 1[6]–[9]; 2022 (825), Sch 3; 2023 (119), Sch 1[12]; 2023 (626), Sch 1[21]; 2024 (151), Sch 1; 2024 (427), Sch 1[6]; 2025 (402), Sch 1[3]; 2025 (644), Sch 1[2].

1A Consent authority

1A Consent authority

The Planning Secretary is the consent authority for development on land in the Parkes Activation Precinct that is in one of the following zones—

(a) Regional Enterprise Zone,

(b) SP2 Infrastructure Zone.

sch.1-pt Land Use Table

Land Use Table

Regional Enterprise Zone

SP2 Infrastructure Zone

sch.1-pt.3-div

10A Preservation of trees and vegetation

10A Preservation of trees and vegetation

(1) The objectives of this section are as follows—

(a) to preserve the amenity of the Parkes Activation Precinct through the preservation of trees and vegetation,

(b) to promote the conservation of native vegetation,

(c) to minimise the impact of development on native vegetation.

(2) This section applies to land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map.

(3) A person must not clear native vegetation on land to which this section applies without development consent.

(4) Development consent under subsection (3) must not be granted unless the consent authority is satisfied that, in relation to the disturbance of native vegetation caused by the clearing—

(a) there is no reasonable alternative available to the disturbance of the native vegetation, and

(b) any impact of the proposed clearing on biodiversity values is avoided or minimised, and

(c) the disturbance of the native vegetation will not increase salinity, and

(d) native vegetation inadvertently disturbed for the purposes of construction will be reinstated where possible on completion of construction, and

(e) the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid a net loss of remnant native vegetation, and

(f) the clearing of the vegetation is unlikely to cause or increase soil erosion, salination, land slip, flooding, pollution or other adverse land or water impacts.

(5) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.

Schedule 1A Wagga Wagga Activation Precinct

Schedule 1A Wagga Wagga Activation Precinct

section 3.2(1), definition of “Activation Precinct”

sch 1A: Ins 2022 (48), Sch 1[14]. Am 2022 (117), cl 4; 2022 (519), cl 5; 2022 (823), Sch 1[6] [10]–[12]; 2023 (626), Sch 1[21]–[24]; 2025 (402), Sch 1[4] [5]; 2025 (644), Sch 1[3] [4].

sch.1A-pt Land Use Table

Land Use Table

Regional Enterprise Zone

Rural Activity Zone

SP2 Infrastructure Zone

RE1 Public Recreation Zone

E2 Environmental Conservation Zone

sch.1A-pt.3-div

Schedule 1B Moree Activation Precinct

Schedule 1B Moree Activation Precinct

section 3.2(1), definition of “Activation Precinct”

sch 1B: Ins 2022 (48), Sch 1[14]. Am 2022 (116), cl 4; 2022 (350), Sch 1[1]; 2022 (823), Sch 1[6] [13]–[15]; 2023 (626), Sch 1[21] [25]; 2024 (427), Sch 1[7]; 2025 (644), Sch 1[5] [6].

sch.1B-pt Land Use Table

Land Use Table

Regional Enterprise Zone

Rural Activity Zone

SP1 Special Activities

SP2 Infrastructure Zone

sch.1B-pt.2-div

Schedule 1C Exempt development—Chapter 3

Schedule 1C Exempt development—Chapter 3

Sch 1, s 9(3), Sch 1A, s 9(3), Sch 1B, s 9(3) and Sch 1D, s 10(3)

sch 1C, hdg: Am 2022 (350), Sch 1[2].

| Development purpose | Development standards | | Access ramps | Must not interfere with the functioning of existing drainage fixtures or the natural surface flow of water.If located on bush fire prone land and less than 5m from a dwelling—must be constructed of non-combustible material. | | Aerials, antennae and communication dishes | Must resist loads in accordance with AS\NZS 1170.0:2002, Structural design actions, Part 0: General Principles and AS\NZS 1170.2:2011, Structural design actions - Part 2: Wind actions.Must be anchored by a concrete slab or footing designed in accordance with AS 3600:2018,Concrete structures. | | Air-conditioning units | Must be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road.Must not reduce the existing fire resistance level of a wall.Must be designed so as not to operate during peak time at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary. | | Bollards | Must not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated. | | Carport, within the meaning of the Codes SEPP | Must not have a floor area of more than 100m.Must not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993.Must not be located between the building line and the primary road. | | Emergency services facilities—Wagga Wagga Activation Precinct only | Must be carried out by or on behalf of the NSW Rural Fire Service.Must not be constructed or installed on or in a heritage item, heritage conservation area, land on which an Aboriginal object is located or land at or below the flood planning level.Must be located on land in the Rural Activity Zone.Must not have an area of more than 140m.Must not exceed a height of 5m above ground level (existing).Must be located at a distance of at least 20m from the primary road frontage and at least 10m from each other lot boundary.Must not be constructed or installed within 50m of a dwelling.Must be located at least 50m from a natural waterbody.To the extent it is comprised of metal components—must be constructed of low reflective materials and designed and constructed in accordance with a professional engineer’s specifications.If it is located on bush fire prone land—must be constructed in accordance with the document titled Planning for Bush Fire Protection prescribed by the Environmental Planning and Assessment Regulation 2021, section 271. | | Emergency work and repairs, consisting of the repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in land in the Activation Precinct in an area declared by an order under the State Emergency and Rescue Management Act 1989, section 33 to be an area where a state of emergency exists | Must be carried out within 6 months of the declaration being made.Must not change the configuration of the floor space of the building or structure being repaired.Must not increase the floor space of the building or structure being repaired. | | Farm building, other than a stock holding yard, grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes. | | Stock holding yard—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes.Must not include or comprise a stock and sale yard.Must not be roofed.Must be located at least 10m from any road boundary and at least 200m from any other boundary.Must be located at least 200m from any dwelling that is located on land on the opposite side of a road that separates the landholding on which the development is located and that other lot.Must be located at least 6m from any other farm building, including any farm building that is a grain silo or grain bunker, on the landholding or on an adjoining landholding.Must be located at least 100m from a waterbody (natural). | | Grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes.Must be located at least 100m from any dwelling.Must be located at least 6m from any other farm building, including any farm building that is a stock holding yard, on the landholding or on an adjoining landholding.Must be located at least 50m from a waterbody (natural). | | Signage—Parkes Activation Precinct only | Must be a business identification sign and must not include advertising of goods or services.Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.Must not obstruct or interfere with a traffic sign. | | Signage—Wagga Wagga and Moree Activation Precincts only | Must be a business identification sign or a building identification sign and not include advertising of goods or services.Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.Must not obstruct or interfere with a traffic sign.Must be erected at right angles to the wall of the building to which it is attached.Must not be illuminated or flashing.Must be constructed of non-reflective materials.Must not be more than 1.5m in area.Must not result in more than one building identification sign for the building.Must not result in more than one business identification sign for a business.Must not be located on or in a heritage item or heritage conservation area. | | Fuel tanks and gas storage (above ground)—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not have a capacity of more than—(a) for a fuel tank—5,000 L, or(b) for a gas tank—1,000 L.Must be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary.Must be bunded with the capacity to contain at least 110% of the capacity of the tank.Must be located at least 1m from any registered easement, sewer main or water main.For a fuel tank—must be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940:2017, The storage and handling of flammable and combustible liquids.For a gas tank—must be designed and constructed in accordance with the requirements of AS/NZS 1596:2014, The storage and handling of LP Gas by a professional engineer.Note.Other existing legislative requirements still apply in relation to work health and safety issues. | | Minor external non-structural building alteration, including the following—(a) painting, plastering, cement rendering, cladding, attaching fittings or decorative work,(b) the replacement of an external window, glazing areas or a door, other than those on bush fire prone land,(c) the repair to or replacement of a non-structural wall or roof cladding,(d) the installation of a security screen or grill to a door or window or a security door,(e) the repair to or replacement of a balustrade,(f) restumping or repairing structure foundations without increasing the height of the structure. | Must not reduce the existing fire resistance level of a wall or roof.If located on bush fire prone land, must be adequately sealed or protected to prevent the entry of embers and must use equivalent or improved quality materials.Must not affect any existing fire resisting components of the building.Must not involve the use of external combustible cladding.Must not affect the means of egress from the building in an emergency. | | Rainwater tanks (above and below ground)—Parkes and Wagga Wagga Activation Precincts only | Must not have a capacity of more than 25,000 litres.Must be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank.Must be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank.Must be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it.Must have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners.Must have a sign affixed to it with a statement to the effect that the water in the tank is rainwater.If reticulated water is provided to the lot—must not be interconnected with any system supplying drinking water to the lot unless it complies with the Council’s requirements. | | Demolition of development that would be exempt development under this Policy, Chapter 3 if it were being constructed or installed | If demolition involves the removal of asbestos, that removal must be undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, ISBN 978 0 642 33317 9, published by Safe Work Australia in July 2020. | | Letter boxes | |

sch 1C: Ins 2022 (48), Sch 1[14]. Am 2022 (350), Sch 1[3] [4]; 2023 (83), Sch 2.5; 2023 (626), Sch 1[21] [26].

Schedule 1D Snowy Mountains Activation Precinct

Schedule 1D Snowy Mountains Activation Precinct

section 3.2(1), definition of “Activation Precinct”

sch 1D: Ins 2022 (350), Sch 1[5]. Am 2022 (516), Sch 2[1]–[5]; 2022 (823), Sch 1[6] [16]–[18]; 2023 (118), cl 6(1) (2); 2023 (523), Sch 2.5[5] [6]; 2023 (626), Sch 1[21] [27]–[29]; 2025 (644), Sch 1[7] [8].

sch.1D-pt Land Use Table

Land Use Table

Land Use tbl: Subst 2022 (824), Sch 1[1].

SP1 Special Activities

SP3 Tourist

SP4 Enterprise Zone

RE1 Public Recreation Zone

sch.1D-pt.2-div

Schedule 1E Complying development—Chapter 3

Schedule 1E Complying development—Chapter 3

sections 3.18 and 3.21

sch 1E: Ins 2022 (823), Sch 1[19]. Am 2023 (119), Sch 1[13] [14]; 2023 No 7, Sch 2.46[1] [2]; 2023 (609), Sch 2.20[8] [9].

sch.1E-pt.3-div

Schedule 2 Exempt development—Chapter 4

Schedule 2 Exempt development—Chapter 4

section 4.11

Appendix 2, hdg: Subst 2022 (835), Sch 3[6].

sch 2, hdg: Am 2022 (350), Sch 1[6]. Subst 2022 (824), Sch 1[2].

Appendix 2: Am 2023 (626), Sch 1[16].

sch 2: Subst 2022 (824), Sch 1[2].

Schedule 3 Complying development—Chapter 4

Schedule 3 Complying development—Chapter 4

section 4.11

Appendix 3, hdg: Subst 2022 (835), Sch 3[7].

sch 3, hdg: Am 2022 (350), Sch 1[7]. Subst 2022 (824), Sch 1[2].

Appendix 3: Am 2023 (524), Sch 1.2[2]; 2023 (626), Sch 1[17].

sch 3: Subst 2022 (824), Sch 1[2].

Schedule 4 Heritage items—Chapter 4

Schedule 4 Heritage items—Chapter 4

Schedule 4A, definition of “heritage item”

Appendix 4, hdg: Subst 2022 (835), Sch 3[8].

| Item | Property description | | Charlotte Pass Alpine Resort | | The Chalet | Lot 116, DP 1242013 | | Perisher Range Alpine Resort | | Alexandra | Lot 199, DP 44462 | | Caloola | Lot 34, DP 756697 | | Dulmison | Lot 262, DP 727585 | | Edelweiss | Lot 86, DP 756697 | | Illoura | Lot 243, DP 704189 | | Kosciuszko Snow Revellers’ Club (KSRC) | Lot 269, DP 825208 | | Ku-ring-gai | Lot 600, DP 1158765 | | Lodge 21 | Lot 21, DP 756697 | | Maranatha | Lot 238, DP 721847 | | Munjarra | Lot 62, DP 756697 | | Numbananga | Lot 33, DP 756697 | | Rock Creek | Lot 46, DP 756697 | | Rugby Union | Lot 1, DP 1085269 | | Telemark | Lot 87, DP 756697 | | Tiobunga (YMCA) | Lot 147, DP 756697 | | Sponars Chalet Alpine Accommodation | | Sponars Chalet | Lot 1, DP 1183733 | | Thredbo Alpine Resort | | Athol | Lot 756, DP 1119757 | | Crackenback Ski Club | Lot 791, DP 1119757 | | De Dacha | Lot 837, DP 1119757 | | Kasees | Lot 725, DP 1119757 | | Seidler Lodge (previously Lend Lease Lodge) | Lot 784, DP 1119757 | | Moonbah | Lot 787, DP 1119757 | | Obergurgl | Lot 750, DP 1119757 | | Ramshead | Lot 755, DP 1119757 | | Sastrugi | Lot 786, DP 1119757 | | Thredbo Alpine Club | Lot 723, DP 1119757 | | Thredbo Alpine Hotel | Lot 861, DP 1119757 | | Valley Terminal | Lot 862, DP 1119757 | | Wombiana | Lot 752, DP 1119757 | | Timber Pedestrian Bridge | Land identified as “Timber Pedestrian Bridge” on the State Environmental Planning Policy (Precincts—Regional) 2021 Thredbo Alpine Resort Map | | Site of 1997 Landslide | Lot 705 and 894, DP 1119757 |

Appendix 4: Am 2023 (524), Sch 1.2[2]; 2023 (554), Sch 2.35[1]; 2023 (626), Sch 1[18].

sch 4: Subst 2022 (824), Sch 1[2].

Schedule 4A Dictionary—Chapter 4

Schedule 4A Dictionary—Chapter 4

section 4.3

Aboriginal heritage item means a heritage item identified on the Aboriginal Heritage Information System held by the Department.

Aboriginal place has the same meaning as in the National Parks and Wildlife Act 1974.

Alpine Region means the Alpine Region identified on the State Environmental Planning Policy (Precincts—Regional) 2021 Kosciuszko Alpine Region Land Application Map.

Alpine Subregion means an Alpine Subregion specified in section 4.2(2).

commercial premises means commercial premises within the meaning of the Standard Instrument but does not include retail premises, other than food and drink premises, kiosks and shops that operate primarily to serve the daily needs of tourists and visitors and staff employed to work in the Alpine Region.

flood planning area has the same meaning as in the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

FS Standard means the Alpine Tourist and Visitor Accommodation Fire Safety Standard published by the Department in July 2025.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 4.

infrastructure facility means a facility provided as a utility undertaking, whether or not as a public utility undertaking, including the following—

(a) a water supply system,

(b) a road, other than a road provided by or on behalf of Transport for NSW,

(c) a sewerage system,

(d) a waste or resource transfer station.

Kosciuszko National Park Plan of Management means the Kosciuszko National Park Plan of Management adopted under the National Parks and Wildlife Act 1974 and as in force on the commencement of State Environmental Planning Policy (Precincts—Regional) Amendment (Kosciuszko Alpine Region) 2022.

lease or licence area means an area of land in the Alpine Region that is subject to a lease or licence granted under the National Parks and Wildlife Act 1974 by the Minister administering that Act.

lifting facility means a motorised system used for transport, and includes the following—

(a) a ski lift that uses an overhead rope or cable, including a chair lift, gondola, T-bar or J-bar,

(b) a ski carpet or conveyor belt.

management trail means a trail used by or on behalf of the following persons for operational purposes, including the management of ski slopes, or for fire protection or emergency purposes—

(a) a head lessee or licensee of land in an Alpine Subregion under the National Parks and Wildlife Act 1974,

(b) a public authority.

monitoring station means a facility operated for the principal purpose of monitoring weather, noise, air, water, groundwater or environmental impacts.

off-peak time means any time that is not peak time.

peak time means—

(a) between 8am and 10pm on Saturday, Sunday or a public holiday, or

(b) between 7am and 10pm on other days.

Planning for Bush Fire Protection means Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service and the Department of Planning, Industry and Environment in November 2019.

recreation infrastructure means infrastructure provided for the purposes of active or passive recreation for tourists and visitors, including walking trails, mountain bike trails, directional signage, cross-country ski trails and oversnow routes, but does not include ski slopes.

shop means premises that—

(a) are used for displaying, offering for sale or selling by retail goods, merchandise or materials, and

(b) operate primarily to serve the daily needs of tourists and visitors and staff employed to work in the Alpine Region.

ski slope means an area of land that has been developed primarily to facilitate ski activities, whether or not lifting facilities are required to access the area.

ski slope hut means a race hut, lift hut, ski patrollers’ hut or similar hut that—

(a) is erected on a ski slope, and

(b) must be fixed to the ground.

Skitube means the passenger train connecting Blue Cow Terminal, Bullocks Flat Terminal and Perisher Range Alpine Resort.

snow-making infrastructure means infrastructure primarily used to make snow, including the following—

(a) air compressors,

(b) air and water pipes,

(c) cooling towers and refrigeration,

(d) equipment used to extract or pump water,

(e) fixed and mobile snow guns, including fan guns and lances,

(f) pump houses and sheds,

(g) service pits.

staff accommodation means a building used for the accommodation of staff employed to work in an Alpine Subregion.

Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

sch 4A: Ins 2022 (824), Sch 1[2]. Am 2023 (609), Sch 2.20[10]; 2025 (405), Sch 1[3].

Schedule 5 Additional permitted uses—Chapter 5

Schedule 5 Additional permitted uses—Chapter 5

(Section 5.15)

Appendix 5, hdg: Subst 2022 (835), Sch 3[9].

sch 5, hdg: Am 2022 (350), Sch 1[8].

Appendix 5: Am 2023 (524), Sch 1.2[2]; 2023 (554), Sch 2.35[2]; 2023 (609), Sch 2.20[5]–[7]; 2023 (626), Sch 1[19].

Schedule 6 Exempt development—Chapter 5

Schedule 6 Exempt development—Chapter 5

(Section 5.19)

Appendix 6, hdg: Subst 2022 (835), Sch 3[10].

sch 6, hdg: Am 2022 (350), Sch 1[9].

Note 1.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. This Chapter has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2.

Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

Appendix 6: Am 2023 (524), Sch 1.2[2]; 2023 (626), Sch 1[20].

sch.6-sec Recreation facilities (indoor, major or outdoor)

Recreation facilities (indoor, major or outdoor)

Must be consistent with any applicable plan of management prepared under the Local Government Act 1993 for the land.

sch.6-sec-oc.2 Outdoor lighting

Outdoor lighting

(1) Must not be for tennis courts or a sports field.

(2) Must be located or shielded so as not to cause a nuisance to adjoining premises.

sch.6-sec-oc.3 Solid fuel heaters

Solid fuel heaters

(1) Must comply with AS/NZS 4013:1999, Domestic solid fuel burning appliances—Method for determination of flue gas emission.

(2) Rain excluders must not impede the vertical flow of exhaust gases.

(3) Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.

(4) Chimney or flue must be a minimum of 300mm above any structure within a 3.6m horizontal radius.

(5) Top of chimney or flue must be at least 1m higher than any other building within a 15m radius.

(6) Maximum height of chimney or flue—6m above roof.

sch.6-sec-oc.4 Temporary events or activities on land owned or managed by Council (including erection of associated temporary structures)

Temporary events or activities on land owned or managed by Council (including erection of associated temporary structures)

(1) Must be located on land owned by the Council or for which the Council has care, control or management (including roads and Crown land).

(2) Must be consistent with any applicable plan of management prepared under the Local Government Act 1993 for the land.

(3) Must be in accordance with a licence or hire agreement issued by the Council.

(4) Must have obtained all required approvals.

Note.

Other approvals may be required, and must be obtained, under other Acts, including the Local Government Act 1993, the Roads Act 1993 and the Crown Land Management Act 2016.

Schedule 7 Complying development—Chapter 5

Schedule 7 Complying development—Chapter 5

(Section 5.20)

sch 7, hdg: Am 2022 (350), Sch 1[10].

Note.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. This Chapter has State-wide application. This Schedule contains additional complying development not specified in that Policy.

sch.7-sec General conditions

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Schedule 8 Classification and reclassification of public land—Chapter 5

Schedule 8 Classification and reclassification of public land—Chapter 5

(Section 5.30)

sch 8, hdg: Am 2022 (350), Sch 1[11].

sch 8: Am 2023 (454), Sch 1.

Schedule 9 Environmental heritage—Chapter 5

Schedule 9 Environmental heritage—Chapter 5

(Section 5.36)

sch 9, hdg: Am 2022 (350), Sch 1[12].