1
Name of Policy
1 Name of Policy
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Transport and Infrastructure) 2021.
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New South Wales regulation
This SEPP sets statewide planning rules for land used for transport and infrastructure (roads, rail, ports, utilities), streamlining and sometimes fast‑tracking approvals so government agencies can build or upgrade works without the full local planning process. It overrides local council rules, affects agencies, developers, councils and nearby residents, consolidates earlier policies, and has been amended many times — so it changes what can be built and who has a say.
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Direct links to the current provisions in State Environmental Planning Policy (Transport and Infrastructure) 2021.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Transport and Infrastructure) 2021.
Part 2.1 Preliminary
Note.
Nothing in this Chapter (except section 2.8) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 2.3. Examples of Acts imposing such requirements include the Fisheries Management Act 1994, Forestry Act 2012, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000.
2.1 Aim of Chapter
The aim of this Chapter is to facilitate the effective delivery of infrastructure across the State by—
(a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and
(b) providing greater flexibility in the location of infrastructure and service facilities, and
(c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and
(d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and
(e) identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and
(f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(g) providing opportunities for infrastructure to demonstrate good design outcomes.
Division 1 Consultation
Division 2 Additional uses of State land
Note.
Consent for development under this Division may be granted only if the development is the subject of a certificate of the Planning Secretary certifying that the development is compatible with surrounding land uses. The provisions of this Division extend to the classes of development specified in sections 2.60(2) and 62(1).
pt 2.2, div 2, note: Am 2022 (517), Sch 1[1].
Division 3 Site compatibility certificates
Division 4 Exempt development
Note 1.
Section 4.1 of the Act contains requirements applying to exempt development.
Note 2.
In addition to the requirements set out in this Chapter in relation to exempt development, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to the kind of exempt development concerned may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Division 5 Complying development
Note.
Clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains requirements that must be met for development to be complying development.
Division 3A Dog-proof fences in Western Division of State
Subdivision 1 Electricity transmission or distribution networks
Subdivision 2 Development likely to affect an electricity transmission or distribution network
Division 6 Emergency services facilities and bush fire hazard reduction
Division 7 Flood mitigation work
Division 8 Forestry
Note.
This Division does not apply in relation to forestry to which a forest agreement or integrated forestry operations approval under the Forestry Act 2012 applies—see section 69W of that Act. See also the Native Vegetation Act 2003 in relation to the clearing of native vegetation.
Division 9 Bee keeping and grazing
pt 2.3, div 9: Subst 2022 (664), sec 4.
Division 10 Health services facilities
Division 10A Operational land
Division 11 Public authority precincts
Division 11A Certain development at the Sydney Cricket Ground
Division 12 Parks and other public land
pt 2.3, div 12, hdg: Am 2025 (692), Sch 1[49].
Division 12A Pipelines and pipeline corridors
Subdivision 1 Pipelines
Subdivision 2 Development adjacent to pipeline corridors
Division 13 Port, wharf or boating facilities
Division 14 Public administration buildings and buildings of the Crown
Division 15 Railways
pt 2.3, div 15, sdiv 2, hdg: Am 2025 (692), Sch 1[71].
Subdivision 1 Railways and rail infrastructure facilities
Subdivision 2 Development in or adjacent to rail corridors—notification and other requirements
Division 16 Research and monitoring stations
Division 17 Roads and traffic
pt 2.3, div 17. sdiv 3: Subst 2023 (80), Sch 1.
Subdivision 1 Roads and road infrastructure facilities
Subdivision 2 Development in or adjacent to road corridors and road reservations
Subdivision 3 Electric vehicle charging units
Division 18 Sewerage systems
Division 18A Shooting ranges
Division 19 Soil conservation works
Division 19A State sport and recreation centres
Division 20 Stormwater management systems
Division 21 Telecommunications and other communication facilities
Note.
The installation of telecommunications facilities identified as low impact facilities by a determination made under clause 6(3) of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth may be exempt under that Schedule from State laws.
Division 22 Travelling stock reserves
Division 23 Waste or resource management facilities
Division 24 Water supply systems
Division 25 Waterway or foreshore management activities
Division 25A
2.166, 2.167 (Repealed)
pt 2.3, div 25A: Rep 2022 (629), Sch 3.19[4].
s 2.166: Rep 2022 (629), Sch 3.19[4].
s 2.167: Rep 2022 (629), Sch 3.19[4].
Division 26 Special provisions
Division 27 Temporary health services facilities, early education and care facilities and schools
pt 2.3, div 27: Ins 2022 (274), Sch 1.
Division 28 Thermal energy from waste development
pt 2.3, div 28: Ins 2022 (825), Sch 1[4].
Division 29 Cemeteries
pt 2.3, div 29: Ins 2024 (505), Sch 1[1].
pt 2.3, div 29, sdiv 1: Ins 2024 (505), Sch 1[1].
pt 2.3, div 29, sdiv 2: Ins 2024 (505), Sch 1[1].
pt 2.3, div 29, sdiv 3: Ins 2024 (505), Sch 1[1].
Subdivision 1 Preliminary
Subdivision 2 Exempt development
Subdivision 3 Complying development
Division 30 Australian Botanic Garden Mount Annan
pt 2.3, div 30: Ins 2025 (692), Sch 1[87].
Part 3.1 Preliminary
3.1 Aims of Chapter
The aim of this Chapter is to facilitate the effective delivery of educational establishments and early education and care facilities across the State by—
(a) improving regulatory certainty and efficiency through a consistent planning regime for educational establishments and early education and care facilities, and
(b) simplifying and standardising planning approval pathways for educational establishments and early education and care facilities (including identifying certain development of minimal environmental impact as exempt development), and
(c) establishing consistent State-wide assessment requirements and design considerations for educational establishments and early education and care facilities to improve the quality of infrastructure delivered and to minimise impacts on surrounding areas, and
(d) allowing for the efficient development, redevelopment or use of surplus government-owned land (including providing for consultation with communities regarding educational establishments in their local area), and
(e) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(f) aligning the NSW planning framework with the National Quality Framework that regulates early education and care services, and
(g) ensuring that proponents of new developments or modified premises meet the applicable requirements of the National Quality Framework for early education and care services, and of the corresponding regime for State regulated education and care services, as part of the planning approval and development process, and
(h) encouraging proponents of new developments or modified premises and consent authorities to facilitate the joint and shared use of the facilities of educational establishments with the community through appropriate design.
4.1 Aims of Chapter
The aims of this Chapter are as follows—
(a) to identify land that is intended to be used in the future as an infrastructure corridor,
(b) to establish appropriate planning controls for the land for the following purposes—
(i) to allow the ongoing use and development of the land until it is needed for the future infrastructure corridor,
(ii) to protect the land from development that would adversely impact on or prevent the land from being used as an infrastructure corridor in the future.
Part 5.1 Preliminary
5.1 Aims of Chapter
The aims of this Chapter are as follows—
(a) to provide a consistent planning regime for the development and delivery of infrastructure on land in Port Botany, Port Kembla and the Port of Newcastle,
(b) to allow the efficient development, re-development and protection of land at Port Botany, Port Kembla and the Port of Newcastle for port purposes,
(c) to identify certain development within the Lease Area as exempt development or complying development,
(d) to specify matters to be considered in determining whether to grant consent to development adjacent to development for port purposes,
(e) to provide for development at Port Botany that does not, by its nature or scale, constitute an actual or potential obstruction or hazard to aircraft,
(f) to identify certain development as State significant development or State significant infrastructure,
(g) to ensure that land around the Lease Area is maintained for port-related and industrial uses, including heavy industry on land around Port Kembla.
Land Use Table
Land Use tbl: Am 2022 (373), Sch 1[17]–[20].
Zone IN1 General Industrial
Zone IN2 Light Industrial
Zone IN3 Heavy Industrial
Zone SP1 Special Activities
Zone RE1 Public Recreation
Part 6.1 Preliminary
pt 6.1: Ins 2022 (248), Sch 1[1].
6.1 Definitions
(1) In this Chapter—
appropriate fill means—
(a) virgin excavated natural material within the meaning of the Protection of the Environment Operations Act 1997, Schedule 1, or
(b) fill that is re-used in accordance with an excavated natural material exemption under the Protection of the Environment Operations (Waste) Regulation 2014, Part 9.
freight intermodal facility means a building or place used in connection with the carrying of freight and persons by rail for business or commercial purposes and includes the following—
(a) rail sidings,
(b) facilities for the embarkation or disembarkation of passengers,
(c) facilities for the loading or unloading of freight, receiving and processing freight, land transport and storage facilities,
(d) administration and operations buildings and facilities,
(e) communication, security and safety facilities,
(f) utilities and services, road and rail infrastructure, pipelines and car parks.
freight support facility means a building or place used for the purposes of commercial premises or light industry in connection with a freight intermodal facility.
Height of Buildings Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Moorebank Freight Intermodal Precinct Height of Buildings Map.
heritage item means a heritage item identified in an environmental planning instrument applying to the land.
Moorebank Freight Intermodal Precinct or Precinct means the land identified as the Moorebank Freight Intermodal Precinct on the State Environmental Planning Policy (Transport and Infrastructure) 2021 Moorebank Freight Intermodal Precinct Land Application Map.
Precinct facilities means the following in the Precinct—
(a) freight intermodal facilities,
(b) freight support facilities,
(c) warehouse or distribution centres.
(2) Words and expressions used in this Chapter have the same meaning as they have in the standard instrument set out at the end of the Standard Instrument (Local Environmental Plans) Order 2006, unless otherwise defined in this Chapter.
s 6.1: Ins 2022 (248), Sch 1[1].
Schedule 1 Exempt development—Chapter 2
(section 2.21)
sch 1, hdg: Am 2022 (248), Sch 1[2].
Note.
Section 2.21 and this Schedule do not apply to development carried out by public authorities in connection with an existing educational establishment. Exempt development of that kind is provided for in Chapter 3.
| Development purpose | Development standards | | General provisions | | Access ramps for persons with a disability | • Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks.• Grade must not exceed 1:14 and must comply with AS 1428.1–2001, Design for access and mobility—General requirements for access—New building work.• Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item. | | Air conditioning units | • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013, Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements.• Noise level must not exceed 5dB(A) above ambient background noise level measured at property boundary. | | Awnings, canopies, pergolas and storm blinds | • Surface area must not exceed 20m2.• Height must not exceed 2.4m above ground level (existing).• Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary. | | Building external alterations including re-cladding roofs or walls | • Must involve only repair or renovation, or painting, plastering or other decoration, of building.• Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building.• Must not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.• Any re-cladding must—(i) not involve structural alterations, and(ii) involve only replacing existing materials with similar materials unless the use of those materials is a breach of these development standards. | | Building internal alterations | • Must be non-structural alterations to existing building only, such as—(i) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or(ii) inclusion of built-in fixtures.• Must not affect load-bearing capacity of any load-bearing component of building. | | Bush regeneration works | • May involve the installation of temporary fencing.• Must not involve—(a) the creation of access tracks, or(b) the use of machinery, or(c) works involving significant soil disturbance. | | Car parks—at grade car parks only | • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates).• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995.• Must not exceed 200 spaces for a site with access to any road or 50 spaces for a site with access to a classified road or to a road that connects to a classified road (if the access is within 90m of that connection, measured along the alignment of the connecting road). | | Carports associated with an existing building | • Floor area must not exceed 36m2.• Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m above ground level (existing).• Must be located behind any relevant building setback.• Must be no part of structure within 500mm of any side or rear boundary.• Stormwater drainage or run-off must be via connection to existing stormwater system. | | Decks (unroofed and attached to a building that is not located on bush fire prone land) | • Surface area must not exceed 10m2.• Finished surface level must not be more than 1m above ground level (existing).• Boundary setbacks for existing building to be maintained. | | Demolition of buildings or structures, including sheds, kiosks, ceilings, partitions, stairs, ducts, fencing, flagpoles and advertising structures | • Building or structure must not be a heritage item, unless the building or structure is development to which the Heritage Act 1977, section 57(1A), (2) or (3) applies.• Must be carried out in accordance with AS 2601:2025, The demolition of structures and must not cover an area of more than 250m2. | | Fences—erection of security fences | • Must be on land owned or controlled by a public authority.• Height must not exceed 3m above ground level (existing). | | Fences (other than security fences or fences covered by the Swimming Pools Act 1992) | • Must be constructed so as not to prevent natural flow of stormwater drainage or run-off.• Height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line, or 1.2m if forward of that line, in any of the following land use zones or a land use zone that is equivalent to any of those zones—(i) Zone R1 General Residential,(ii) Zone R2 Low Density Residential,(iii) Zone R3 Medium Density Residential,(iv) Zone R4 High Density Residential,(v) Zone R5 Large Lot Residential,(vi) Zone RU5 Village.• Must not include masonry construction to a height of more than 900mm above ground level (existing). | | Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks | | | Flagpoles | • Height must not exceed 6m above ground level (existing) or above an existing building.• Must not display commercial advertising.• Flagpole structure and any attached flag must not project over public road. | | Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) | • Must be in accordance with AS 4687—2007, Temporary fencing and hoardings.• Must not encroach onto footpath or public thoroughfare.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling) relating to proposed development or for the purposes of infrastructure system development or determining the safety or condition of infrastructure | • Must not involve any greater disturbance of the ground or vegetation than is necessary.• Must not result in an increase in stormwater drainage or run-off from the site concerned. | | Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 2 | | | Lighting—construction or maintenance | • Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.• Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth). | | Offices—portable | • Height must not exceed 1 storey.• Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site.• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. | | Rainwater and bore water tanks | • Height (including any stand) must not exceed 2.4m above ground level (existing).• No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building.• Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank.• Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing).• Must not be installed over any structure or fittings used by public authority to maintain water or sewer main.• Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate). | | Retaining walls | • Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m.• Must not prevent the natural flow of stormwater drainage/run-off. | | Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) | • Must not encroach onto footpath or public thoroughfare.• Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary.• Must be in accordance with AS/NZS 1576.1:2010, Scaffolding, Part 1: General Requirements.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Security cameras—installation for security purposes | | | Sheds | • Must be free-standing, prefabricated and constructed of non-reflective materials.• Development must not result in shed with a total floor area exceeding 30m2.• Height must not exceed 2.5m above ground level (existing).• Must be located in rear of infrastructure facility. | | Skylight or roof windows | • Area of skylight must not exceed 2m2.• Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings.• Work must not reduce structural integrity of building or involve structural alterations. | | General provisions: signs | | Existing signs—maintenance, replacement or change in display if existing sign is exempt under Chapter 2 | • Must not involve a change in area, form or shape. | | Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings) | • Surface area must not exceed 3.5m2.• Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting. | | Identification, directional, community information or safety signs associated with the use of road infrastructure | • Must be consistent with road safety policies and guidelines on outdoor advertising approved by the Planning Secretary for the purpose of this provision and published in the Gazette. | | Temporary signs advertising an event and associated relevant details including sponsorship of the event | • Surface area must not exceed 3.5m2.• Must be located wholly within property boundary.• Must not be displayed earlier than 28 days before event and must be removed within 14 days after event.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997Control of the obtrusive effects of outdoor lighting. | | General provisions: subdivision | | Boundaries—adjustment to the boundary of a lot (including to widen a public road or create a public reserve) | • Must not result in—(i) creation of any additional lot or legal right to erect dwelling, or(ii) creation of lot that depends on use of services provided to, or utilities of, another lot, or(iii) change in area of any lot by more than 10 per cent, or(iv) increased bush fire risk to existing buildings. |
sch 1: Am 2022 (517), Sch 1[1] [7]; 2022 (742), Sch 1[26]–[28]; 2025 (692), Sch 1[138] [139].
Schedule 2 Railways, roads and associated projects—Chapter 2
(Sections 2.92, 2.110 and 2.121)
sch 2, hdg: Am 2022 (248), Sch 1[3].
7 Rail Clearways Program
The following 10 railway system upgrade major projects within the Sydney metropolitan area, known collectively as the “Rail Clearways Program”—
(a) Hornsby Upgrading
Additional rail line, station works upgrade and extension of Hornsby stabling yard.
(b) Cronulla Upgrading
Upgrading of the Cronulla Line, alterations to Cronulla, Kirrawee, Woolooware and Sutherland Stations and the reconfiguration of stabling.
(c) Lidcombe Upgrading
Upgrading Lidcombe Station and track changes (including a turnback line).
(d) Homebush Upgrading
Upgrading Homebush Station and track changes (including a turnback line).
(e) Kingsgrove to Revesby Upgrading
Upgrading Revesby Station, additional tracks between and in the vicinity of Kingsgrove to Revesby Stations and any associated station works.
(f) Quakers Hill to Vineyard Upgrading
Construction of stations, upgrading of stations, relocation of stations, additional tracks between and in the vicinity of Quakers Hill to Vineyard Stations.
(g) Carlingford Line Upgrading
Track changes including construction of a passing loop and the upgrading of Rydalmere Station.
(h) Sydenham–Erskineville Upgrading
Track changes including construction of two additional rail lines from Sydenham to Erskineville, upgrading Sydenham, St Peters and Erskineville Stations and modifications to road bridges.
(i) Liverpool Upgrading
Upgrading Liverpool Station, reconfiguration of stabling and changes to track (including a turnback line).
(j) Macarthur Upgrading
Upgrading Macarthur Station, reconfiguration of stabling and changes to track (including a turnback line).
8 Southern Sydney Freight Line
Development for the purposes of the Southern Sydney Freight Line, being a rail track adjacent to the Main South line between east of Sefton Park junction and south of Macarthur via Cabramatta, and all infrastructure and services that form part of the new line.
9 Sydney Airport Rail Link
A railway linking the domestic and international terminals at Sydney (Kingsford Smith) Airport with the Sydney Central Business District and the East Hills railway line in the vicinity of Turrella.
10 Tugun Bypass
A 4-lane dual carriageway freeway with provision to upgrade to 6 traffic lanes in the future. The bypass would run to the south and west of the Gold Coast Airport runway generally between the NSW–Queensland border (in the vicinity of Boyd Street) to join with the Pacific Highway at West Tweed Heads (in the vicinity of Kennedy Drive), a distance of approximately 4.1km.
11 Gore Hill Freeway
A 3.5km long freeway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking Warringah Freeway, Cammeray to Reserve Road, Artarmon.
12 Western Distributor
A 2.3km long roadway consisting of a 6-lane dual carriageway (2 × 3 lanes each) linking Glebe Arterial Road, Pyrmont to Bradfield Highway at the Sydney Harbour Bridge.
13 Southern Cross Drive
A 5.02km long roadway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking General Holmes Drive, Mascot to Darling Street, Eastlakes.
14 Cahill Expressway
A 1.68km long roadway consisting mainly of a 4-lane dual carriageway (2 × 2 lanes each) linking the Cross City Tunnel, Sydney to Bradfield Highway at the Sydney Harbour Bridge.
15 General Holmes Drive
A 4.4km long roadway consisting mainly of a 6-lane dual carriageway (2 × 3 lanes each) linking Bestic Street, Brighton-Le-Sands to Botany Road, Mascot.
16 Hume Motorway
A motorway from South Western Freeway, Edmondson Park via Mittagong Bypass and Berrima Bypass to Mereworth Road Interchange at Medway Rivulet via divided carriageway road, including Marulan Bypass, Goulburn Bypass, Cullerin Range deviation and Gunning Bypass, Yass Bypass, Bowning Bypass, Bookham Bypass and Jugiong Bypass, continuing via Gundagai Bypass, Tarcutta Bypass, Holbrook Bypass and the Albury-Wodonga Freeway to the Victorian State border.
17 M1 Pacific Motorway
A mainly divided motorway from Pennant Hills Road, Wahroonga to John Renshaw Drive, Beresfield, including a connection to NorthConnex at Wahroonga.
18 M2
A 20km motorway linking the Lane Cove Tunnel in Lane Cove to the M7 in Baulkham Hills, including a connection to NorthConnex.
19 M4
A transport system comprising the following—
(a) a motorway from Russell Street, Emu Plains to the new widened motorway at Parramatta,
(b) the new widened motorway at Parramatta to Homebush (changed from 3 to 4 lanes in each direction),
(c) a 6.5km (of which 5.5km is underground) motorway connecting the new widened motorway at Homebush with connections to the M4–M5 link.
20 M5
A transport system comprising the following—
(a) a motorway comprising twin 2-lane tunnels linking the M5 South-West at Beverly Hills to General Holmes Drive, Mascot,
(b) duplicated M5 East from King Georges Road Interchange upgrade at Beverly Hills to a new interchange at St Peters with 9km twin underground motorway tunnels (including underground connection points for the M4–M5 link and the proposed F6 extension) from Kingsgrove to St Peters Interchange, with connections to Alexandria and Mascot and connections to the proposed Sydney Gateway and M4–M5 link,
(c) a 20km motorway comprising twin 3-lane carriageways linking the M7 in Prestons to the M5 East at King Georges Road, Beverly Hills.
21 M4–M5 Link
A 9.2km underground tunnel motorway connecting from Haberfield to St Peters Interchange with connections to the Rozelle interchanges, Western Harbour Tunnel, New M4, New M5 and the future Sydney Gateway.
22 M7
A 40km motorway comprising twin 2-lane carriageways linking the M2 in Baulkham Hills to the M5 South-West in Prestons, including a connection to the M4.
23 NorthConnex
A 9km twin tunnel linking the M1 Pacific Motorway at Wahroonga to the Hills M2 at West Pennant Hills.
24 Sydney Harbour Tunnel
A 2.7km motorway comprising twin 2-lane carriageways beneath Sydney Harbour linking the Cahill Expressway at Sydney to the Warringah Freeway at North Sydney.
25 King Georges Road Interchange
The interchange between the M5 West and the M5 East at Beverly Hills.
26 Pacific Highway
A highway from Maitland Road, Hexham via Raymond Terrace Bypass Freeway, Karuah Bypass Freeway, Bulahdelah Freeway, Taree Bypass Freeway, Coopernook Bypass, Moorland Bypass, Kew Bypass, Telegraph Point, Kempsey, Frederickton, Clybucca, Eungai Creek, Warrell Creek, Macksville, Urunga, Bonville Bypass, Coffs Harbour, Woolgoolga, South Grafton, Ulmarra, Cowper Bypass, Tyndale Bypass, Woodburn, Wardell, Ballina, Bangalow Bypass, Brunswick-Yelgun Freeway, Yelgun-Chinderah Freeway, Chinderah Bypass, Tweed Heads Bypass and Tugun Bypass Freeway to the Queensland border.
Schedule 3 Traffic-generating development to be referred to TfNSW—Chapter 2
(Section 2.122)
sch 3, hdg: Am 2022 (248), Sch 1[4].
Note.
The development specified in Column 1 may involve the erection of new premises or an enlargement or extension of existing premises. If the development involves an enlargement or extension of existing premises, the relevant size or capacity specified in the table is the additional (rather than the total) size or capacity of the premises as a result of the enlargement or extension.
| Column 1 | Column 2 | Column 3 | | Purpose of development | Size or capacity—site with access to a road (generally) | Size or capacity—site with access to classified road or to road that connects to classified road (if access within 90m of connection, measured along alignment of connecting road) | | Airports or heliports | Any size or capacity | Any size or capacity | | Car parks (whether or not ancillary to other development) | 200 or more car parking spaces | 50 or more car parking spaces | | Commercial premises (other than premises specified elsewhere in this table) | 10,000m2 in gross floor area | 2,500m2 in gross floor area | | Food and drink premises (other than take away food and drink premises with drive-through facilities) | Car parking for 200 or more motor vehicles | 300m2 in gross floor area | | Freight transport facilities | Any size or capacity | Any size or capacity | | Hospitals | 200 or more beds | 100 or more beds | | Industry | 20,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 5,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | | Liquid fuel depots | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | | Residential accommodation | 300 or more dwellings | 75 or more dwellings | | Service stations without heavy vehicle refuelling or maintenance services | | Any size or capacity | | Service stations with heavy vehicle refuelling or maintenance services | Any size or capacity | Any size or capacity | | Shops | 2,000m2 in gross floor area | 500m2 in gross floor area | | Subdivision of land | 200 or more allotments where the subdivision includes the opening of a public road | 50 or more allotments | | Take away food and drink premises with drive-through facilities | 200 or more motor vehicles per hour | Any size or capacity | | Transport depots | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | | Warehouse or distribution centres | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | 8,000m2 in site area or (if the site area is less than the gross floor area) gross floor area | | Waste or resource management facilities | Any size or capacity | Any size or capacity | | Any other purpose | 200 or more motor vehicles per hour | 50 or more motor vehicles per hour |
Schedule 4 Exempt and complying development in relation to telecommunications facilities—Chapter 2
(Sections 2.144 and 2.145(1))
sch 4, hdg: Am 2022 (248), Sch 1[5].
sch 4: Am 2022 (132), Sch 1[14]–[23]; 2022 (517), Sch 1[21]; 2022 (727), Sch 1[37]; 2025 (692), Sch 1[44].
Part 1 Exempt development
| | Column 1 | Column 2 | | Item | Development purpose | Development standards | | 1 | Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) | 1.1 If the development is carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling—(a) in the case of a dish located on a roof—the dish must not be more than 1.2 metres in diameter and be no higher than 1.8 metres above the highest point of the roof, or(b) in the case of a ground mounted dish—the dish must—(i) be located in the rear yard, and(ii) be not more than 1.2 metres in diameter, and(iii) be no higher than 1.8 metres above the highest point of the existing ground level on the lot. | | | | 1.2 If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling, the dish must be no more than 1.8 metres in diameter. | | | | 1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. | | | | 1.4 If the dish is mounted on a heritage item or in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. | | 2 | Panel antenna, yagi antenna or other directional antenna | 2.1 The antenna—(a) must be flush mounted to an existing structure, or(b) if not flush mounted, must not be—(i) more than 2.8 metres long, or(ii) more than 5.8 metres (including support mount) in height above the building or structure to which it is attached. | | | | 2.2 If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted. | | | | 2.3 The antenna must be the same colour as its background or painted a neutral colour such as grey. | | | | 2.4 If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary. | | 3 | Omnidirectional antenna | 3.1 An antenna must not be—(a) more than 4.5 metres long excluding support mount, or(b) outrigged more than—(i) 500mm from the support mount, or(ii) if required for the NSW Government Telecommunications Network—2m from the support mount, or(c) more than 6.5 metres in height including support mount unless required for the NSW Government Telecommunications Network in which case must not be more than 8.0 metres in height including support mount. | | | | 3.2 If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. | | 4 | Microcell installation | 4.1 If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume. | | | | 4.2 If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long. | | | | 4.3 If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long. | | 5 | In-building coverage installation (picocell installation) for the purposes of improving broadband coverage to wireless technology users or the coverage of mobile phone users operating inside the building | 5.1 All elements of the installation must be wholly located within a building, structure or tunnel, or integrated with the building, structure or tunnel in such a way as to have the general appearance of being part of the structure. | | 6 | Equipment installed inside a structure | 6.1 Equipment installed inside a structure (including an antenna and fibre-optic cable) must be concealed in the existing structure. | | 7 | An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 | 7.1 The extension must be—(a) no greater than 5 metres in height, and(b) for—(i) co-location purposes, or(ii) the purposes of accommodating a technology upgrade for 1 or more carriers on the same tower. | | | | 7.2 The tower to be extended must not have previously been extended. | | 8 | Replacement of a tower | 8.1 If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5—(a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and(b) the replacement tower must be located within 10 metres of the position of the original tower. | | | | 8.2 If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5—(a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and(b) the replacement tower must be located within 20 metres of the position of the original tower but no closer to land in Zone R1, R2, R3, R4, R5 or RU5. | | | | 8.3 The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower). | | | | 8.4 The original tower must be decommissioned and removed within 12 weeks of the telecommunications equipment on the replacement tower being commissioned. | | | | 8.5 The location of the tower that has been removed must be restored to a condition that is similar to its condition before the original tower was installed and landscaped as appropriate. | | 9 | Underground housing | 9.1 If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres. | | | | 9.2 The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed. | | 10 | Above ground housing of any of the following kinds—(a) a pillar, cabinet or pedestal installation,(b) an equipment shelter,(c) housing within a building for subscriber connection equipment,(d) if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6—a solar panel used to power telecommunications equipment contained in the above ground housing. | 10.1 If the development is a pillar, cabinet or pedestal installation, it must—(a) not be more than 2 metres high, and(b) have a base area of not more than 2 square metres. | | | | 10.2 If the development is an equipment shelter (other than an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like), it must—(a) not be more than 2.5 metres high, and(b) have a base area of not more than 5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and(c) be the same colour as its background or painted a neutral colour such as grey. | | | | 10.3 If the development is an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like, it must—(a) not be more than 3 metres high, and(b) have a base area of not more than 7.5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and(c) be the same colour as its background or painted a neutral colour such as grey. | | | | 10.4 If the development is a solar array used to power telecommunications equipment contained in the above ground housing, the base area of the array must not be more than 12.5m2. | | | | 10.5 If the development is on a heritage item or in a heritage conservation area, it must not be visible from the street at ground level from the property boundary. | | 11 | Underground conduit or cable including subscriber connection and fibre-optic cable for broadband | 11.1 The conduit or cable may only be—(a) laid in an existing trench, or(b) laid in a trench that has been lawfully created for any other purpose, or(c) hauled or otherwise deployed through a duct, pit, hole, tunnel or conduit, or(d) installed in, on or under an existing bridge. | | | | 11.2 A marking post or sign must be erected indicating the location of the conduit or cable. | | | | 11.3 After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable. | | | | 11.4 The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed. | | 12 | Above ground cable for subscriber connection or fibre-optic cable for broadband for pole to premises installation | 12.1 The cable must—(a) be co-located with an above ground electricity supply connection, or(b) comply with item 12.2. | | | | 12.2 If the cable is not co-located with an above ground electricity supply connection—(a) the installation of the cable must not disturb soil or vegetation any more than is necessary for the installation, and(b) the cable must not increase run-off from the site or adversely affect stormwater drainage, and(c) the maximum external cross section of part of a cable or a bundle of cables must not be more than 48mm, and(d) if the cable is located on a heritage item or within a heritage conservation area—the cable must not be visible from the street at ground level from the property boundary. | | 13 | Conduit or cable on or within a building for subscriber connection or fibre-optic cable for broadband | 13.1 If installed on a building, the conduit or cable—(a) must not be located on a street-facing facade of the building, and(b) if located on a heritage item or within a heritage conservation area—must not be visible from the street at ground level from the property boundary. | | 14 | Boring or directional drilling in connection with a telecommunications facility | 14.1 The boring or directional drilling must take place at a minimum depth of 600 millimetres. | | | | 14.2 The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out. | | 15 | Public payphone | 15.1 The public payphone cabinet or booth must—(a) be for use solely for carriage and content services, and(b) not be designed for other uses (for example, as a vending machine), and(c) not be fitted with devices or facilities for other uses, and(d) not display commercial advertising other than advertising related to the supply of standard telephone services. | | | | 15.2 The public payphone instrument must—(a) be for use solely for carriage and content services, and(b) not be designed for other uses (for example, as a vending machine), and(c) not be fitted with devices or facilities for other uses, and(d) not be used to display commercial advertising other than advertising related to the supply of standard telephone services or displayed as part of the supply of a content service. | | 16 | Installation and use of telecommunications facilities—(a) for use in an emergency, or(b) to provide assistance to an emergency services organisation. | | | 17 | Installation and use of temporary telecommunications facilities—(a) to provide service or coverage during either routine or emergency maintenance of an existing telecommunications facility, or(b) to provide service or coverage during the construction or installation of a replacement telecommunications facility, or(c) to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. | 17.1 The facility must—(a) not permanently alter any building or site so that, upon removal, the building or site is in a substantially different condition than it was before the establishment of the facility, and(b) be removed within 28 days after the need for the facility has ceased. | | 18 | Ancillary facilities to a telecommunications facility for any of the following purposes—(a) to ensure the protection or safety of the telecommunications facility, members of the public in close proximity to that facility or persons required to access and maintain that facility,(b) to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes,(c) to ensure the proper operation and efficient functioning of the telecommunications facility. | 18.1 If located on a heritage item or in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. | | | | 18.2 The facilities must not include a power generator. | | 19 | Maintenance activities in relation to a telecommunications facility for any of the following purposes—(a) the maintenance or repair of the facility,(b) to ensure the proper functioning of the facility. | 19.1 The maintenance activities must not result in any more than a minimal increase in size, area occupied by, or noise levels associated with the facility. | | 19A | Decommission of telecommunications facility | 19A.1 The decommissioning must be carried out by or on behalf of a public authority. | | | | 19A.2 The facility must not be located on environmentally sensitive land or on land within Zone C1. | | | | 19A.3 The site must be restored to at least the same condition that it was in before the facility was constructed. | | 20 | Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site. | | | 21 | Maintenance of existing access tracks used to access base telecommunication facilities | 21.1 The maintenance activities must—(a) be restricted to operators of a Government Telecommunications Network, and(b) not increase the width of the track, and(c) not disturb soil or vegetation any more than is necessary for the maintenance, and(d) not increase run-off from the site or adversely affect stormwater drainage. | | 22 | The installation of a premises connection device | 22.1 The premises connection device must be—(a) mounted on an existing wall of the premises, and(b) fixed at the lowest point possible for effective operation, and(c) no more than 300mm by 300mm and 100mm deep. | | 23 | The installation of a riser pole on premises | 23.1 The riser pole must—(a) not extend more than 900mm above the premises, and(b) be used only in association with infrastructure that is also exempt development, and(c) if located on a heritage item or within a heritage conservation area—not be visible from the street at ground level at the property boundary. |
Schedule 4A Exempt and complying development in cemeteries—Chapter 2
sections 2.172, 2.174 and 2.176
sch 4A: Ins 2024 (505), Sch 1[2].
Part 4 Complying development certificate conditions
27 Excavated material
A complying development certificate is subject to the condition that material excavated from an area containing saline soil or acid sulfate soil must be managed in accordance with the Waste Classification Guidelines, Part 4: Acid sulfate soils, published by the NSW Environment Protection Authority in November 2014.
28 Stockpiled soil
A complying development certificate is subject to the condition that temporarily excavated and stockpiled soil must be stored so that it is separated from the flow of surface water and is covered to prevent the transportation of sediment.
29 Burial in burial areas
A complying development certificate for development specified in section 20 is subject to the condition that a burial—
(a) must not occur at a depth greater than 2.8m below ground level, and
(b) must allow for at least 900mm of soil to be placed above the remains.
Schedule 5 Exempt development—Chapter 3
(Sections 3.17, 3.39(3), 3.49(3) and 3.56(3))
sch 5, hdg: Am 2022 (248), Sch 1[6].
| Development purpose | Development standards | | General provisions | | Access ramps and any associated chair hoist for persons with a disability | • Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks.• Grade must not exceed 1:14 and must comply with AS 1428.1–2009, Design for access and mobility—General requirements for access—New building work.• Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item. | | Air conditioning units | • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013, Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements.• Noise level must not exceed 5dB above the rating background noise level when measured at the boundary of the most affected residential premises (or potentially most affected residential premises), determined in accordance with the Noise Policy.• Source noise must not exhibit tonal noise, as defined in the Noise Policy (being noise containing a prominent frequency and characterised by a definite pitch).In these standards, the Noise Policy means the document entitled NSW Industrial Noise Policy (ISBN 0 7313 2715 2) published in January 2000 by the Environment Protection Authority. | | Building external alterations including re-cladding roofs or walls | • Must involve only repair or renovation, or painting, plastering or other decoration, of building.• Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building.• Must not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.• Any re-cladding must—(i) not involve structural alterations, and(ii) involve only replacing existing materials with similar materials unless the use of those materials is a breach of these development standards. | | Building external alterations—the enclosure of balconies and walkways | • Must not increase the building envelope.• Must not result in an enlargement or extension of the building or an increase in the load bearing capacity of any load-bearing component of the building. | | Building internal alterations | • Must be non-structural alterations to existing building only, such as—(i) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or(ii) inclusion of built-in fixtures or teaching workstations, or(iii) reconfiguration of partitions.• Must not affect load-bearing capacity of any load-bearing component of building. | | Car parks—at grade car parks only | • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates).• Must not reduce car parking spaces.• Must be constructed or installed so that any surface water or run-off is disposed of by a drainage system that is connected to the existing stormwater drainage system.• Must be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities.• Must not require cut or fill more than 1m below or above ground level (existing).• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. | | Carports associated with an existing building | • Surface area must not exceed 36m2.• Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m above ground level (existing).• Must be located behind any relevant building setback.• Must be no part of structure within 500mm of any side or rear boundary.• Stormwater drainage or run-off must be via connection to existing stormwater system. | | Decks (unroofed and attached to a building that is not located on bush fire prone land) | • Surface area must not exceed 10m2.• Finished surface level must not be more than 1m above ground level (existing).• Boundary setbacks for existing building to be maintained. | | Demolition of buildings or structures that are not a heritage item or within a heritage conservation area | • Must be carried out in accordance with AS 2601–2001, Demolition of structures.• Must not cover an area of more than 250m2.• Must be carried out between 7am and 5pm Monday to Saturday and must not be carried out on a public holiday.• Must notify Transport for NSW Traffic Management Centre of the truck route to be followed by trucks transporting waste material from the site. | | Fences—erection of security fences | • Height must not exceed 3m above ground level (existing). | | Fences (other than security fences or fences covered by the Swimming Pools Act 1992) | • Must be constructed so as not to prevent natural flow of stormwater drainage or run-off.• If in a residential zone, height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line and 1.2m if forward of that line.• Must not include masonry construction to a height of more than 900mm above ground level (existing). | | Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks | | | Flagpoles | • Height must not exceed 6m above ground level (existing) or above an existing building.• Must not display commercial advertising.• Flagpole structure and any attached flag must not project over public road. | | Geotechnical investigations and other testing, surveying and sampling for the purposes of the design or assessment of proposed development or for the purposes of system development or determining the safety or condition of infrastructure | • Must not involve greater disturbance of the ground or vegetation than is necessary.• Must not result in an increase in stormwater drainage or run-off from the site concerned. | | Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained) | • Must not encroach onto footpath or public thoroughfare.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 3 | | | Lighting—installation, construction, maintenance or operation | • Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting and AS/NZS 1158.4:2015, Lighting for Roads and Public Spaces.• Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth). | | Offices—portable | • Height must not exceed 1 storey.• Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site.• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. | | Pergolas and storm blinds | • Surface area must not exceed 20m2.• Height must not exceed 2.4m above ground level (existing).• Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary. | | Rainwater and bore water tanks | • Height (including any stand) must not exceed 2.4m above ground level (existing).• No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building.• Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank.• Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing).• Must not be installed over any structure or fittings used by public authority to maintain water or sewer main.• Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate). | | Retaining walls | • Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m.• Must not prevent the natural flow of stormwater drainage/run-off. | | Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained) | • Must not encroach onto footpath or public thoroughfare.• Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Security cameras—installation for security purposes | | | Skylight or roof windows | • Area of skylight must not exceed 2m2.• Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings.• Work must not reduce structural integrity of building or involve structural alterations. | | Signs | | Existing signs—maintenance, replacement or change in display if existing sign is exempt development under Chapter 3 | • Must not involve a change in area, form or shape.• Distance between ground level (existing) and top edge of sign must not be more than 6m. | | Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings) | • Surface area must not exceed 8m2.• Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.• Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. | | Identification, directional, community information or safety signs associated with the use of road infrastructure | • Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. | | Temporary signs advertising an event and associated relevant details including sponsorship of the event | • Surface area must not exceed 8m2.• Must be located wholly within property boundary.• Must not be displayed earlier than 28 days before event and must be removed within 14 days after event.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997Control of the obtrusive effects of outdoor lighting.• Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. |
sch 5: Am 2022 (517), Sch 1[7]; 2022 (742), Sch 1[29] [30]; 2024 (585), Sch 1[39]–[42]; 2024 (654), Sch 1[50]; 2025 (692), Sch 1[140]–[142].
Schedule 6 Complying development in schools—Chapter 3
sections 3.40(5) and 3.41(2)(e)
sch 6, hdg: Subst 2022 (248), Sch 1[7].
sch 6: Am 2022 (517), Sch 1[22]; 2023 (609), Sch 2.22[5]–[7]; 2024 (115), Sch 1[10]; 2025 (692), Sch 1[143].
Schedule 7 Complying development in universities and TAFEs—Chapter 3
(Sections 3.50(3) and 3.57(5))
sch 7, hdg: Subst 2022 (248), Sch 1[8].
sch 7: Am 2022 (517), Sch 1[23]; 2023 (609), Sch 2.22[8]–[10]; 2025 (692), Sch 1[144].
Schedule 8 Design quality principles in schools—Chapter 3
sections 3.35(3), 3.36(6)(a), 3.37(5A)(a), 3.37A(3), 3.45(3)(b)(i) and 3.52(3)
sch 8, hdg: Subst 2022 (248), Sch 1[9]; 2024 (585), Sch 1[43].
sch 8: Subst 2024 (585), Sch 1[43]. Am 2025 (352), Sch 1[6].
Schedule 9 Savings and transitional provisions—Chapter 3
sch 9, hdg: Am 2022 (248), Sch 1[10].
sch 9: Am 2023 (83), Sch 2.6[3]; 2023 (609), Sch 2.22[11].
Schedule 10 Exempt development—Chapter 5
(Section 5.24)
sch 10, hdg: Am 2022 (248), Sch 1[11].
Note.
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.
sch 10: Am 2022 (373), Sch 1[37]–[51]; 2022 (517), Sch 1[7]; 2024 (609), Sch 2[3].
2A Storage of certain “gas-free” liquefied petroleum gas storage tanks and cylinders
Storage of “gas-free” liquefied petroleum gas storage tanks and cylinders free from dangerous goods.
3A Bulk liquid storage tanks—change of stored liquid from Class 3 to combustible
Change in kind of liquid stored in a bulk liquid storage tank from a liquid that is dangerous goods of class 3 under the Australian Dangerous Goods Code, Part 2, to a combustible liquid, or from a combustible liquid to another combustible liquid.
4A Storage of non-flammable non-toxic gases
(1) Gas storage tanks used to store gases of Division 2.2 under the Australian Dangerous Goods Code, Part 2, including the storage of the gases.
(2) A gas storage tank must not have a capacity to store more than 3 tonnes of gas.
(3) The gas—
(a) must not be a gas of subsidiary hazard under the Australian Dangerous Goods Code, and
(b) must be stored in compliance with AS 1894—1997, The storage and handling of non-flammable cryogenic and refrigerated liquids.
12A Investigations
(1) Surveying works and works for the purpose of investigating the physical properties of soil, rock or seabed, including geotechnical investigation, and sediment sampling.
(2) The development must disturb soil or vegetation only to the extent necessary to carry out the development.
12B Hardstand area for open-air storage facilities
(1) The construction, installation and use of a hardstand area for the purpose of open-air storage facilities.
(2) The hardstand area must—
(a) have a gross floor area of no more than 5,000m2, and
(b) only be used to store products that are bulk solids, and
(c) entirely contain the products during their storage, and
(d) be designed and constructed to withstand the loads for which it will be used, and
(e) be paved with concrete or bituminous surfaces.
(3) The hardstand area must not—
(a) be used to store dangerous goods, or
(b) adversely impact on adjoining land or the amenity of the neighbourhood, including as a result of dust, odour or noise created by the development, or
(c) be located in, or in a way that impedes access to, parking or loading bays or spaces, vehicle turnaround areas or docks, or
(d) redirect the flow of surface water, or cause sediment to be transported, onto an adjoining property or into a waterway, or
(e) adversely affect access into, across or out of the Lease Area for the purpose of an evacuation or attendance by emergency services.
(4) The development must not be inconsistent with, or contravene, a provision or condition of a development consent applying to the land.
(5) The land on which the development is carried out must be suitable for the use of the hardstand area for the purpose of open-air storage facilities.
15A Maintenance and repair
(1) The maintenance, repair or replacement of fittings, fixtures and infrastructure in relation to development for the purpose of port facilities.
(2) The work may involve excavation works, but only to the extent necessary to carry out the maintenance, repair or replacement.
18A Preloading works
(1) Preloading works for compression of soil before construction.
(2) The development must—
(a) disturb soil or vegetation only to the extent necessary to carry out the development, and
(b) not damage any adjoining buildings or structures on the land or an adjoining lot, and
(c) not redirect the flow of surface water onto an adjoining lot, and
(d) not use fill other than—
(i) virgin excavated natural material, or
(ii) fill that is re-used in accordance with a resource recovery exemption in force under the Protection of the Environment Operations (Waste) Regulation 2014.
22A Reefer points
The construction or installation of facilities for refrigerated containers.
30 Signage
(1) Signage (other than advertising structures).
(2) A sign must comply with AS 1319—1994, Safety signs for the occupational environment and AS/NZS 4282:2019, Control of the obtrusive effects of outdoor lighting.
31 Signage—changes and maintenance and repair
A change to the display on an existing sign, or the maintenance or repair of an existing sign.
32 Subdivision by Port Operator or Port Corporation
The subdivision of land by the Port Operator or a Port Corporation.
33 Switch rooms and security booths
(1) The erection of a switch room or security booth.
(2) The building must not have a gross floor area of more than 500m2.
34 Temporary structures
(1) The construction or installation, and removal, of a temporary structure, if the structure is used for a period totalling not more than 12 months.
(2) Arrangements for disposal of waste associated with use of the structure must be lawful.
35 Temporary uses of land
(1) The temporary use of land for a maximum period of 182 days (whether or not consecutive days) in any period of 12 months.
(2) The use must not prejudice the subsequent carrying out of development on the land in accordance with Chapter 5.
(3) The use must not adversely impact on any adjoining land or the amenity of the neighbourhood.
(4) The use must not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.
(5) This section does not apply to the use of land for the purposes of—
(a) bulk liquid storage, or
(b) the storage of dangerous goods.
36 Truck marshalling area
(1) The construction or installation of a truck marshalling area.
(2) The area must—
(a) be paved with concrete or bituminous surfaces, and
(b) be designed and constructed to contain and collect leaks and spillages to ensure leaks and spillages do not contaminate the land or enter the stormwater system, and
(c) comply with AS 2890.2:2018, Parking facilities, Part 2: Off-street commercial vehicle facilities.
(3) The development must not cause the contravention of a condition of a development consent applying to the land, which relates to car parking, loading, vehicular movement, waste management or landscaping.
37 Truck weighbridges and train weighbridges
The construction and installation of a truck weighbridge or a train weighbridge.
38 Utilities and service facilities
(1) The construction or installation of a utility or service facility, including pipelines (other than pipelines used to carry dangerous goods or pipelines that are the subject of a licence under the Pipelines Act 1967) and stormwater drainage.
(2) An overhead structure used to support a pipeline must be at a height that provides adequate clearance for road or rail traffic below the structure.
39 Washbays
The construction and installation of washbays.
40 Water tanks
The erection of one or more rainwater, grey water or bilge water tanks, having a capacity to store not more than 20,000 tonnes of water per tank, and the removal of such tanks.
Schedule 11 Complying development—Chapter 5
(Section 5.25)
sch 11, hdg: Am 2022 (248), Sch 1[11].
sch 11: Am 2022 (373), Sch 1[4] [45] [49] [52]–[66]; 2023 (523), Sch 2.8[14]; 2025 (692), Sch 1[145]–[154].
Subdivision 1 Development specified
Subdivision 2 Development standards
10A Bridges used for purposes other than roads
(1) The construction or installation of a bridge used for a purpose other than a road.
(2) The bridge must be certified by a qualified engineer as having a satisfactory design and structural integrity.
13AA Storage of “liquid empty” LPG storage tanks, road tankers, storage vessels and cylinders at Port Botany
(1) The storage at Port Botany of “liquid empty” storage tanks, road tankers and gas cylinders and other storage vessels used for storing or transporting liquefied petroleum gas (the relevant items).
(2) The relevant items must be stored on a dedicated area paved with concrete or bituminous surfaces.
(3) A hazard analysis prepared in accordance with the Hazardous Industry Planning Advisory Paper No 6: Hazard Analysis, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary must demonstrate that—
(a) the development meets the applicable risk criteria set out in the Hazardous Industry Planning Advisory Paper No 4: Risk Criteria for Land Use Safety Planning, dated January 2011 and published on the Department’s website, and
(b) the development will not cause—
(i) an increase in the individual risk levels shown in the Port Botany LUSS, Figure 2, or
(ii) societal risk to exceed the ALARP band shown in the Port Botany LUSS, Figure 9.
(4) The hazard analysis must be prepared in relation to the most hazardous substance proposed to be stored in the tanks.
(5) A fire safety study must be prepared in accordance with the Hazardous Industry Planning Advisory Paper No 2: Fire Safety Study Guidelines, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary.
(6) The storage of the relevant items must—
(a) be ancillary to an existing facility for the bulk storage of liquefied petroleum gas at Port Botany, and
(b) not adversely affect access into, across or out of the Lease Area for the purpose of an evacuation or attendance by emergency services, and
(c) comply with—
(i) AS/NZS 1596:2014, The storage and handling of LP Gas, and
(ii) the recommendations, if any, set out in the studies.
(7) The development—
(a) must be carried out on the site of a bulk liquid storage facility, and
(b) must not have previously been carried out on the site, whether or not as complying development.
13AB Filling and storage of LPG cylinders at Port Botany
(1) The filling of gas cylinders with liquefied petroleum gas and the storage of the filled gas cylinders at Port Botany.
(2) The cylinders must be filled and stored on a dedicated area paved with concrete or bituminous surfaces.
(3) A hazard analysis prepared in accordance with the Hazardous Industry Planning Advisory Paper No 6: Hazard Analysis, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary must demonstrate that—
(a) the development meets the applicable risk criteria set out in the Hazardous Industry Planning Advisory Paper No 4: Risk Criteria for Land Use Safety Planning, dated January 2011 and published on the Department’s website, and
(b) the development will not cause—
(i) an increase in the individual risk levels shown in the Port Botany LUSS, Figure 2, or
(ii) societal risk to exceed the ALARP band shown in the Port Botany LUSS, Figure 9.
(4) The hazard analysis must be prepared in relation to the most hazardous substance proposed to be stored in the tanks.
(5) A fire safety study must be prepared in accordance with the Hazardous Industry Planning Advisory Paper No 2: Fire Safety Study Guidelines, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary.
(6) A hazard and operability study must be prepared in accordance with the Hazardous Industry Planning Advisory Paper No 8: HAZOP Guidelines, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary.
(7) The development must—
(a) be ancillary to an existing facility for bulk storage of liquefied petroleum gas at Port Botany, and
(b) not operate as a gas bottle exchange for the public, and
(c) comply with—
(i) AS/NZS 1596:2014, The storage and handling of LP Gas, and
(ii) AS 4332—2004, The storage and handling of gases in cylinders, and
(iii) the recommendations, if any, made by the studies in relation to the development, and
(d) be carried out on the site of a bulk liquid storage facility, and
(e) not have previously been carried out on the site, whether or not as complying development.
13AC Temporary parking of road tankers in dedicated parking areas in Mayfield Bulk Liquid Storage Tanks Area
(1) The construction, installation and use of a parking area for the purposes of providing temporary parking for road tankers (the temporary parking) on land within the Mayfield Bulk Liquid Storage Tanks Area.
(2) The tankers must, while parked in the parking area, only store dangerous goods of class 3 under the Australian Dangerous Goods Code, Part 2.
(3) A hazard analysis prepared in accordance with the Hazardous Industry Planning Advisory Paper No 6: Hazard Analysis, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary must demonstrate that—
(a) the development meets the applicable risk criteria set out in the Hazardous Industry Planning Advisory Paper No 4: Risk Criteria for Land Use Safety Planning, dated January 2011 and published on the Department’s website, and
(b) the development will not cause—
(i) an increase in the individual risk levels shown in the Newcastle LUSS, Figure 3, or
(ii) societal risk to exceed the ALARP band shown in the Newcastle LUSS, Appendix C, page 25, Figure 4-25.
(4) The hazard analysis must be prepared in relation to the most hazardous substance proposed to be stored in the tanks.
(5) A fire safety study must be prepared in accordance with the Hazardous Industry Planning Advisory Paper No 2: Fire Safety Study Guidelines, dated January 2011 and published on the Department’s website, by a person approved by the Planning Secretary.
(6) The temporary parking must—
(a) not be located—
(i) on a road or road related area within the meaning of the Road Transport Act 2013, or
(ii) in, or in a way that impedes access to, other parking or loading bays or spaces, vehicle turnaround areas, or docks, or
(iii) on the site of a petrol station, and
(b) be located on a dedicated area paved with concrete or bituminous surfaces, and
(c) be ancillary to an existing facility used for handling the material stored in the tanker, and
(e) be designed and constructed to contain and collect leaks and spillages to ensure they do not contaminate the land or enter the stormwater system, and
(f) not adversely affect access into, across or out of the Lease Area for the purpose of an evacuation or attendance by emergency services, and
(g) not adversely impact on adjoining land or the amenity of the neighbourhood, including as a result of dust, odour or noise created by the temporary parking, and
(h) comply with—
(i) AS 1940:2017, The storage and handling of flammable and combustible liquids, and
(ii) AS 3846—2005, The handling and transport of dangerous cargoes in port areas, and
(iii) the Australian Dangerous Goods Code, and
(iv) the recommendations, if any, made by the studies in relation to the development.
(7) The development—
(a) must be carried out on the site of a bulk liquid storage facility, and
(b) must not have previously been carried out on the site, whether or not as complying development.
13A Conveyor systems
(1) The construction or installation of a conveyor system, including chutes, holding bins, hoppers, sampling stations and transfer buildings.
(2) The conveyor system must be certified by a qualified engineer as having a satisfactory design and structural integrity.
(3) An overhead structure that supports a conveyor must be constructed so as to provide adequate clearance for traffic below the structure.
17A Road and rail terminal facilities
(1) The erection of terminal facilities for the unloading, loading or discharge of freight, other than dangerous goods, carried by road or rail, including a dump station or rail loading gantry crane.
(2) The facility must be certified by a qualified engineer as having a satisfactory design and structural integrity.
(3) (Repealed)
18B Stacker-reclaimers, stackers and reclaimers
(1) The construction or installation of a stacker-reclaimer, stacker or reclaimer and facilities for their operation.
(2) The stacker-reclaimer, stacker or reclaimer must be certified by a qualified engineer as having a satisfactory design and structural integrity.
18C Hardstand area for open-air storage facilities
(1) The construction, installation and use of a hardstand area for the purpose of open-air storage facilities.
(2) The hardstand area must—
(a) only be used to store products that are bulk solids, and
(b) entirely contain the products during their storage, and
(c) be designed and constructed to withstand the loads for which it will be used, and
(d) be paved with concrete or bituminous surfaces.
(3) The hardstand area must not—
(a) be used to store dangerous goods, or
(b) adversely impact on adjoining land or the amenity of the neighbourhood, including as a result of dust, odour or noise created by the development, or
(c) be located in, or in a way that impedes access to, parking or loading bays or spaces, vehicle turnaround areas or docks, or
(d) redirect the flow of surface water, or cause sediment to be transported, onto an adjoining property or into a waterway, or
(e) adversely affect access into, across or out of the Lease Area for the purpose of an evacuation or attendance by emergency services.
(4) The development must not be inconsistent with, or contravene, a provision or condition of a development consent applying to the land.
(5) The land on which the development is carried out must be suitable for the use of the hardstand area for the purpose of open-air storage facilities.
19AA Shipping container storage and stacking
(1) The storage and stacking of shipping containers on land shown edged in red and identified as “Port Botany Lease Area” on the Lease Area Map.
(2) The shipping containers must—
(a) not be stored or stacked at a height of more than—
(i) if the shipping containers are empty—7 shipping containers, or
(ii) otherwise—5 shipping containers, and
(b) not contain dangerous goods, and
(c) be located on the site so that surface water run-off drains to a stormwater drainage system or to a landscaped area.
(2A) The development must comply with AS 2419.1:2021, Fire hydrant installations, Part 1: System design, installation and commissioning.
(3) A container stacking management plan must be prepared in relation to the development and kept at the site.
(4) The land on which the development is carried out must be sufficiently firm and level to safely support the shipping containers.
(5) Before the development is carried out, the person carrying out the development must give written notice of the development to the owners of adjoining land.
(6) This section does not apply to the loading or unloading, delivery or distribution of goods into or out of shipping containers.
(7) In this section—
container stacking management plan means a plan of management for the stacking of shipping containers, which includes the following information—
(a) a risk assessment of the site to identify potential issues and strategies or procedures to mitigate the issues identified in relation to the development,
(b) options for the ongoing management of the development on the site, including procedures for carrying out the development safely and allowing appropriate space for the movement and use of operational equipment and vehicles,
(c) an assessment of the requirements for the monitoring of weather at the site in relation to the development.
19A Wharves and berthing infrastructure
(1) The erection of, or alterations to, a wharf, working platform or infrastructure, including dolphins, for the purpose of berthing or mooring a vessel.
(2) The design of the wharf or infrastructure must—
(a) be certified by a structural engineer as having a satisfactory design and structure, and
(b) comply with the following standards—
(i) AS 4997—2005, Guidelines for the design of maritime structures,
(ii) AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,
(iii) AS 3600–2009, Concrete structures,
(iv) AS 4100–1998, Steel structures.
19B Definition of “final inspection”
In this Part—
final inspection means the inspection referred to in clause 162AB(3)(c) of the Environmental Planning and Assessment Regulation 2000.
21A Survey certificate required where proposed building close to lot boundary
(1) This section applies to development that consists of the erection of a new building (or any alteration of, or addition to, an existing building) if the new building (or altered part, or addition to, an existing building) is proposed to be located less than 3m from any lot boundary.
(2) Development to which this section applies is subject to the condition that a survey certificate must be provided to the principal certifying authority—
(a) before any form work below any ground floor slab is completed, or
(b) if there is to be no such form work—before any concrete is poured for any ground floor slab or for any foundations.
(3) The survey certificate must be prepared by a registered land surveyor and show the location of the new building (or the existing building as altered or added to) relative to the boundaries of the lot concerned.
29A Additional condition—storage of “liquid empty” LPG storage tanks, road tankers, storage vessels and cylinders at Port Botany
(1) Development specified in this Schedule, section 13AA is subject to the following conditions—
(a) the total quantity of liquefied petroleum gas contained in all “liquid empty” storage tanks, road tankers, storage vessels and cylinders stored at the storage site at the same time must not exceed 20 tonnes,
(b) a safety management system developed in accordance with the Hazardous Industry Planning Advisory Paper No 9: Safety Management, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(c) an emergency plan developed in accordance with the Hazardous Industry Planning Advisory Paper No 1: Emergency Planning, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(d) a hazard audit of the development must be carried out by a person approved by the Planning Secretary—
(i) 1 year after the commencement of the development, and
(ii) otherwise—at least once every 3 years.
(2) The hazard audit must—
(a) comply with the Hazardous Industry Planning Advisory Paper No 5: Hazard Audit Guidelines, dated January 2011 and published on the Department’s website, and
(b) include an implementation schedule for recommendations made by the audit.
29B Additional condition—filling and storage of LPG cylinders at Port Botany
(1) Development specified in this Schedule, section 13AB is subject to the following conditions—
(a) the total quantity of liquefied petroleum gas contained in all gas cylinders stored at the storage site at the same time must not exceed 20 tonnes,
(b) a safety management system developed in accordance with the Hazardous Industry Planning Advisory Paper No 9: Safety Management, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(c) an emergency plan developed in accordance with the Hazardous Industry Planning Advisory Paper No 1: Emergency Planning, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(d) a hazard audit of the development must be carried out by a person approved by the Planning Secretary—
(i) 1 year after the commencement of the development, and
(ii) otherwise—at least once every 3 years.
(2) The hazard audit must—
(a) comply with the Hazardous Industry Planning Advisory Paper No 5: Hazard Audit Guidelines, dated January 2011 and published on the Department’s website, and
(b) include an implementation schedule for recommendations made by the audit.
29C Additional condition—temporary parking of road tankers in dedicated parking areas in Mayfield Bulk Liquid Storage Tanks Area
(1) Development specified in this Schedule, section 13AC is subject to the following conditions—
(a) a road tanker must not be continuously parked in the parking area for more than 24 hours in a 48-hour period,
(b) the total quantity of dangerous goods of class 3 under the Australian Dangerous Goods Code, Part 2 stored in all road tankers parked in the parking area at the same time must not exceed 200 tonnes,
(c) an emergency plan developed in accordance with the Hazardous Industry Planning Advisory Paper No 1: Emergency Planning, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(d) a safety management system developed in accordance with the Hazardous Industry Planning Advisory Paper No 9: Safety Management, dated January 2011 and published on the Department’s website, must be prepared and implemented in relation to the development,
(e) a hazard audit of the development must be carried out by a person approved by the Planning Secretary—
(i) 1 year after the commencement of the use of the temporary parking, and
(ii) otherwise—at least once every 3 years.
(2) The hazard audit must—
(a) comply with the Hazardous Industry Planning Advisory Paper No 5: Hazard Audit Guidelines, dated January 2011 and published on the Department’s website, and
(b) include an implementation schedule for recommendations made by the audit.
Schedule 12 Savings and transitional provisions—Chapter 5
sch 12: Ins 2022 (373), Sch 1[67].
sch 12: Rep 2021 (732), Sch 12. Ins 2022 (248), Sch 1[12]. Am 2024 (609), Sch 2[4].
Schedule 13 Complying development—Chapter 6
section 6.6
sch 13: Ins 2022 (248), Sch 1[12]. Am 2024 (654), Sch 1[51].
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Transport and Infrastructure) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—
Division 5.1 assessment guidelines for environmental factors means the Guidelines for Division 5.1 assessments—Consideration of environmental factors for health services facilities and schools published by the Department in October 2024.
residential zone means the following zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential.
SCPP—new health services facilities and schools means the Stakeholder and Community Participation Plan for New Health Services Facilities and Schools published by the Department in October 2024.
temporary housing has the same meaning as in State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 14.
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.
s 1.3: Am 2024 (585), Sch 1[1]; 2025 (291), Sch 3[1]; 2025 (692), Sch 1[1].
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 2.1 Preliminary
Note.
Nothing in this Chapter (except section 2.8) affects any requirement under another Act to obtain an approval, licence or permit for or concurrence to any development of a kind specified in Part 2.3. Examples of Acts imposing such requirements include the Fisheries Management Act 1994, Forestry Act 2012, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000.
2.1 Aim of Chapter
The aim of this Chapter is to facilitate the effective delivery of infrastructure across the State by—
(a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and
(b) providing greater flexibility in the location of infrastructure and service facilities, and
(c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and
(d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and
(e) identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and
(f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing, and
(g) providing opportunities for infrastructure to demonstrate good design outcomes.
2.2 Land to which Chapter applies
Except as otherwise provided by this Chapter, this Chapter applies to the State.
2.3 Interpretation—general
(1) A word or expression used in this Chapter has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Chapter.
(2) In this Chapter—
associated public transport facilities for a railway station, public ferry wharf or road means such of the following as are integrated or associated with the station, wharf or road—
(a) car parks intended for use by commuters,
(b) public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),
(c) bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),
(d) bus layovers.
Blue Book means Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and as in force at the commencement of State Environmental Planning Policy (Infrastructure) Amendment 2018.
bus layover means a location set aside for buses to park during periods between bus journeys.
Note.
Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.
Coastal Wetlands and Littoral Rainforests Area Map has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.
consent—
(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and
(b) when used in any other context, means development consent.
Note.
As a result of paragraph (a) of the definition of consent, development that this Chapter provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
consent authority has the same meaning as it has in the Act.
emergency works means works carried out in response to—
(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or
(b) accident, equipment failure or structural collapse, or
(c) damage caused by vandalism, arson or a pollution incident,
provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.
environmental management works means—
(a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and
(b) environmental protection works.
estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.
flood liable land has the same meaning as in the Flood Risk Management Manual.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
heritage conservation area means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
infrastructure facility means development that is the subject of development controls under Part 2.3.
Lighting for Roads and Public Spaces Standard means the following Australian and New Zealand Standards—
(a) AS/NZS 1158.0:2005, Lighting for roads and public spaces, Part 0: Introduction,
(b) AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1: Vehicular traffic (Category V) lighting—Performance and design requirements,
(c) AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2: Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,
(d) AS/NZS 1158.2:2005, Lighting for roads and public spaces, Part 2: Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,
(e) AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements,
(f) AS/NZS 1158.4:2009, Lighting for roads and public spaces, Part 4: Lighting of pedestrian crossings,
(g) AS/NZS 1158.5:2007, Lighting for roads and public spaces, Part 5: Tunnels and underpasses,
(h) AS/NZS 1158.6:2010, Lighting for roads and public spaces, Part 6: Luminaires.
local heritage item means—
(a) a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or
(b) an item of local heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.
maintenance includes repair.
primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.
public authority—
(a) has the same meaning as it has in the Act, and
(b) in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).
railway station includes any station for a metro (within the meaning of the Transport Administration Act 1988).
site compatibility certificate means a certificate issued under section 2.19(5).
Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act.
State heritage item means an item of State heritage significance, as defined by the Heritage Act 1977, that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act.
State land means—
(a) Crown land within the meaning of the Crown Land Management Act 2016, or
(b) any other land of the Crown or vested in a Minister on behalf of the Crown, or
(c) land owned by a public authority other than a council.
telecommunications facility—see section 2.140.
the Act means the Environmental Planning and Assessment Act 1979.
Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
waste has the same meaning as in Schedule 3 to the Environmental Planning and Assessment Regulation 2000.
written notice includes notice by electronic mail or facsimile.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(3) If this Chapter provides that development for a particular purpose that may be carried out without consent includes construction works, the following works or activities are (subject to and without limiting that provision) taken to be construction works if they are carried out for that purpose—
(a) accessways,
(b) temporary construction yards,
(c) temporary lay-down areas for materials or equipment,
(d) temporary structures,
(e) investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling),
(f) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping,
(g) demolition,
(h) relocation or removal of infrastructure,
(i) extraction of extractive materials at the construction site solely for the purpose of the construction.
(4) If this Chapter provides that development for a particular purpose that may be carried out without consent includes routine maintenance works, the following works or activities are (subject to and without limiting that provision) taken to be routine maintenance works if they are carried out for that purpose—
(a) routine repairs to or replacement of equipment or assets,
(b) temporary construction yards,
(c) clearing of vegetation (including any necessary cutting, pruning, ringbarking or removal of trees) and associated rectification and landscaping.
(5) Notes included in this Chapter are provided for guidance and do not form part of this Chapter.
s 2.3: Am 2023 (523), Sch 2.8[1]; 2023 (609), Sch 2.22[1]; 2024 (654), Sch 1[1].
2.4 Interpretation—references to land use zones
A reference in this chapter to a lot or to land in a named land use zone is a reference—
(a) to land that, under an environmental planning instrument made as provided by the Act, section 3.20(2), is in a land use zone specified in the Standard Instrument, and
(b) to land that, under an environmental planning instrument that is not made as provided by the Act, section 3.20(2), is in a land use zone in which equivalent land uses are permitted to those permitted in the named land use zone.
s 2.4: Am 2022 (517), Sch 1[1]. Subst 2025 (692), Sch 1[2].
2.5 Interpretation—references to maps
(1) A reference in this Chapter to a named map adopted by this Chapter is a refere
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