State Environmental Planning Policy (Transport and Infrastructure) 2021

Three ports—Port Botany, Port Kembla and Port of Newcastle ch 5, hdg: Am 2022 (373), Sch 1[1]. 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. 5.2 Definitions (1) In this Chapter— Additional Permitted Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Additional Permitted Uses Map . approved project means a transitional Part 3A project within the meaning of Schedule 6A to the Act that is an approved project. Australian Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail , 7th edition, approved by the Australian Transport Council. capital dredging means dredging that is carried out for the purpose of— (a) constructing a new navigational channel, or (b) re-opening a discontinued navigational channel, or (c) deepening, widening or extending an existing navigational channel (other than for maintenance purposes), for berthing or navigation purposes. Channel User Licence Agreement means an agreement between Transport for NSW and the Port Operator under which the Port Operator is authorised to use certain channels and berthing boxes. combustible liquid has the same meaning as in the Work Health and Safety Regulation 2017 . Council means— (a) in relation to land within the City of Botany Bay area—the Council of the City of Botany Bay, or (b) in relation to land within the Randwick City area—Randwick City Council, or (c) in relation to land within the Wollongong City area—Wollongong City Council, or (d) in relation to land within the Newcastle City area—Newcastle City Council. dangerous goods has the same meaning as it has in the Dangerous Goods (Road and Rail Transport) Act 2008 . demolition includes the dismantling or removal of a building. dispensing facility means a fuel transfer facility that is intended for the dispensing of liquids from a storage tank to the fuel tank of a vehicle or vessel. dredging means the removal of material from the sea or harbour bed or the bed of a river. 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 . freight means any item, goods or produce being transported and includes containers (whether empty or otherwise), gases, livestock, liquids, minerals, plant and equipment, raw materials, vehicles and vessels. Height of Buildings Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Height of Buildings Map . heritage item —see section 5.31(8). Heritage Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Heritage Map . Intertrade Industrial Park means the land identified on the Intertrade Industrial Park Map . Intertrade Industrial Park Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Intertrade Industrial Park Map . Land Application Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Application Map . Land Zoning Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Zoning Map . Lease Area means the area shown edged in red and identified as “Port Botany Lease Area” or “Port Kembla Lease Area” or Port of Newcastle Lease Area on the Lease Area Map . Lease Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Lease Area Map . local heritage item means a heritage item within the meaning of section 5.31 that is not a State heritage item. maintenance dredging means dredging and bed levelling for the purpose of maintaining an existing navigational channel at the depth and width specified for the purpose of maintenance dredging in the Channel User Licence Agreement or any Crown lease that authorises the use of that channel. major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017 . Mayfield Bulk Liquid Storage Tanks Area means the area shown edged heavy black on the Mayfield Bulk Liquid Storage Tanks Map . Mayfield Bulk Liquid Storage Tanks Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Mayfield Bulk Liquid Storage Tanks Map . navigation and emergency response facilities means facilities for— (a) water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and (b) emergency response, including rescue stations and emergency communication facilities and jetties. navigational channel includes an access channel, swing basin, berthing box or other navigable area. Newcastle LUSS means the Port of Newcastle Land Use Safety Study Final Report , dated 10 October 2017. Outer Harbour Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Outer Harbour Map . Port Botany LUSS means the Port Botany Land Use Safety Study Overview Report , published by Planning NSW in 1996. Port Corporation means the Port Corporation established under the Ports and Maritime Administration Act 1995 . port facilities means facilities on land in the Lease Area, or the Intertrade Industrial Park, used in connection with the carrying of freight and persons by water from one port to another for business or commercial purposes, and includes any of the following— (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and freight receival, processing, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration and port operations buildings and facilities, (g) communication, security and safety facilities, (h) utilities and services, road and rail infrastructure, pipelines and car parks. Port Operator means— (a) in relation to Botany Bay—the port operator (within the meaning of the Ports and Maritime Administration Act 1995 ) of the port of Botany Bay, and (b) in relation to Port Kembla—the port operator (within the meaning of that Act) of the port of Port Kembla, and (c) in relation to the Port of Newcastle—the port operator (within the meaning of that Act) of the Port of Newcastle. public authority includes the Port Operator. reclamation work means any work (other than work undertaken in connection with maintenance dredging) that involves— (a) using any material (such as sand, soil, silt, gravel, concrete, oyster shells, tyres, timber or rocks) to fill in or reclaim land submerged by water (whether permanently or intermittently), or (b) depositing any such material on land submerged by water (whether permanently or intermittently) for the purpose of constructing anything over that land (such as a bridge but not a seawall, groyne or jetty), or (c) draining water from land submerged by water (whether permanently or intermittently) for the purpose of its reclamation. Referral Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Referral Area Map . State heritage item means an item of State heritage significance, within the meaning of 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. the Act means the Environmental Planning and Assessment Act 1979 . virgin excavated natural material has the same meaning as in the Protection of the Environment Operations Act 1997 , Schedule 1, clause 50(1). Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter. (2) In this Chapter, a reference to development for the purpose of port facilities, navigation and emergency response facilities or wharf or boating facilities includes a reference to the operation of such a facility and any of the following if carried out in connection with such a facility— (a) construction works, (b) routine maintenance works, (c) environmental management works. (3) 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. (4) Notes included in this Chapter do not form part of this Chapter. s 5.2: Am 2022 (373), Sch 1[2]–[4]; 2022 (517), Sch 1[9] [10]; 2023 (523), Sch 2.8[12]; 2024 No 67, Sch 5.6[1]. 5.3 Land to which Chapter applies (1) This Chapter applies to the land identified on the Land Application Map . (2) s 5.3: Subst 2022 (373), Sch 1[5]. Am 2022 (517), Sch 1[11]. 5.4 Relationship with other environmental planning instruments (1) Subject to this section, in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency. (2) If this Chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify the same development as either exempt or complying development, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to that development. (2A) The following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 do not apply to the Intertrade Industrial Park— (a) Part 2, Division 1, Subdivision 10A, (b) Parts 5A and 6. (3) Except as provided by subsections (2) and (2A), this Chapter does not restrict or prohibit the carrying out of any development— (a) on any land to which this Chapter applies, that is permitted to be carried out with or without development consent, or that is exempt or complying development, under Chapter 2, or (b) on any land to which this Chapter applies that is not within a Lease Area, that is exempt or complying development under any other environmental planning instrument. s 5.4: Am 2022 (517), Sch 1[12]–[15]. 5.5 Same development (1) For the purposes of this Chapter, 2 or more instruments are taken to specify the same development if they specify that development for the same purpose may be carried out on the same land, even though there may be some differences in the specifications or development standards for that development. Note. For example, “deck” is a development, even if the size of the deck or its location varies in different instruments. (2) The Planning Secretary may certify in writing, for the purpose of this Chapter, that 2 or more instruments do, or do not, specify the same development and any such certificate has effect according to its tenor. (3) Notice of any certification by the Planning Secretary under subsection (2) must be published in the Gazette. s 5.5: Am 2022 (373), Sch 1[6]. 5.6 Consent authority The consent authority is— (a) for development on the following land—the Minister— (i) land within the Lease Area, (ii) land that is unzoned, (iii) land within the Intertrade Industrial Park, and (b) otherwise—the Council. s 5.6: Subst 2022 (373), Sch 1[7]. Am 2022 (517), Sch 1[16]. 5.7 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both. Note. The maps adopted by this Chapter are to be made available on the official NSW legislation website in connection with this Chapter. 5.8 Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Chapter or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This section does not apply— (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016 , or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974 , or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 , or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 , or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995 , or (g) to any planning agreement within the meaning of Division 7.1 of the Act. (3) This section does not affect the rights or interests of any public authority under any registered instrument. (4) Under section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3). (5) This section does not apply to land within the Lease Area. Note. This section does not apply to unzoned land. 5.9 Savings (1) This Chapter does not apply to development that, immediately before the commencement of the application of this Chapter in relation to land to which this Chapter applies, was an activity to which Part 5 of the Act applied if— (a) before that commencement, the activity had been considered under Part 5 of the Act and any approvals or requirements that were required under that Part before the activity could be carried out had been obtained or complied with, and (b) the development is substantially commenced not later than 2 years after that commencement. (2) Part 20 of Schedule 3 and Schedule 7 to State Environmental Planning Policy (Major Development) 2005 , as in force immediately before that commencement, continue to apply to development specified in subsection (1). (3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced. (4) A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Precincts—Regional) Amendment (Port Kembla Land Transformation Precinct) 2025 must be determined as if that policy had not commenced. s 5.9: Am 2022 (517), Sch 1[17]; 2023 (524), Sch 1.4[1] [2]; 2025 (618), Sch 3[1]. Part 5.2 Permitted or prohibited development 5.10 Land use zones The land use zones under this Chapter are as follows— Industrial Zones IN1 General Industrial IN2 Light Industrial IN3 Heavy Industrial Special Purpose Zones SP1 Special Activities Recreation Zones RE1 Public Recreation s 5.10: Am 2022 (373), Sch 1[8]. 5.11 Zoning of land to which Chapter applies For the purposes of this Chapter, land is within the zones shown on the Land Zoning Map . 5.12 Zone objectives and Land Use Table (1) The Land Use Table at the end of this Part specifies for each zone— (a) the objectives for development, and (b) development that may be carried out without development consent, and (c) development that may be carried out only with development consent, and (d) development that is prohibited. (2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. (3) In the Land Use Table at the end of this Part— (a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (b) a reference to a type of building or other thing does not include (despite any definition in this Chapter) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone. (4) This section is subject to the other provisions of this Chapter. Notes. 1 Schedule 10 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act. 2 Schedule 11 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 5.13 Unzoned land (1) Development may be carried out on unzoned land only with development consent. (2) Before granting development consent, the consent authority— (a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and (b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. (3) Despite subsection (1), development for the following purposes may be carried out by or on behalf of a public authority on unzoned land without development consent— (a) maintenance dredging, (b) capital dredging, (c) environmental management works associated with port facilities or wharf and boating facilities, (d) navigation and emergency response facilities, (e) port facilities, if the development is directly related to an existing port facility. 5.14 Subdivision—consent requirements (1) Any land to which this Chapter applies may be subdivided, but only with development consent. Note. Subdivision within the Lease Area by the Port Operator or the Port Corporation is exempt development. (2) Development consent must not be granted for the subdivision of land that comprises, or on which there is, a State heritage item. (3) Before granting development consent for the subdivision of relevant land, the consent authority must consider the following— (a) whether the subdivision is likely to have an adverse impact on the operations of the port concerned, (b) whether the subdivision will create or increase land use conflict in the area, (c) whether the subdivision is appropriate considering— (i) the natural and physical constraints affecting the land, and (ii) the existing uses and approved uses on land adjacent to the subdivision, (d) whether the subdivision is likely to have a significant adverse impact on facilitating land uses the consent authority considers are suitable and appropriate for the land, (e) the impact of the subdivision on land used for industrial purposes, (f) appropriate measures proposed to avoid, minimise or mitigate the impacts of the subdivision. (4) In this section— relevant land means the following land that is not within a Lease Area— (a) land at Port Botany in Zone IN1 General Industrial, (b) land at Port Kembla in Zone IN3 Heavy Industrial or Zone SP1 Special Activities, (c) land at the Port of Newcastle in Zone SP1 Special Activities. s 5.14: Am 2022 (373), Sch 1[9]; 2024 No 67, Sch 5.6[2]. 5.15 Demolition requires development consent The demolition of a building or work may be carried out only with development consent. Note. If this Chapter identifies the demolition of a building or work as exempt development, the demolition may be carried out without development consent. 5.16 Development by public authorities (including Port Operator) (1) Development may be carried out for the following purposes without development consent on land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation, but only if it is development carried out by or on behalf of a public authority— (a) navigation and emergency response facilities, (b) wharf or boating facilities, if the development has an estimated development cost of more than $100 million, (c) capital dredging, (d) maintenance dredging, (e) port facilities, if the development has an estimated development cost of more than $100 million. (2) Despite any other provision of this Chapter, development for the purposes of wharf or boating facilities may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if the development is authorised by or under that Act. (3) Development may be carried out for the following purposes without development consent on land within the Lease Area, but only if it is development carried out by or on behalf of a public authority— (a) environmental facilities, (b) environmental protection works, (c) community facilities. (4) Development may be carried out with development consent on land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation for the purposes of port facilities, or wharf or boating facilities, having an estimated development cost of $100 million or less, but only if it is development carried out by or on behalf of a public authority. (5) This section does not apply to the Intertrade Industrial Park. Notes. 1 Development that is permitted to be carried out with or without consent in land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation is also specified in the Land Use Table set out in this Chapter. 2 Development by a public authority on land within the Lease Area for the purposes of port facilities or wharf or boating facilities, having an estimated development cost of more than $100 million, and development for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or that involves reclamation work is declared to be State significant infrastructure under section 5.28 of this Chapter. 3 Other permits or licences may be required under other Acts for development in the Lease Area. s 5.16: Am 2022 (517), Sch 1[18]; 2023 (523), Sch 2.8[13]. 5.17 Port Operator to be notified of certain development applications (1) This section applies to development on land identified on the Referral Area Map . (2) Before determining a development application for development to which this section applies, the consent authority must give written notice of the development to the Port Operator. (3) Notice must be given no later than 7 days after the development application is made. (4) In determining a development application for the development, the consent authority must consider the following— (a) submissions made to the consent authority by the Port Operator within 21 days after notice is given, (b) the effect of the development on— (i) the practicability, cost, structural integrity and safety of future port expansion or dredging works within navigation channels, and (ii) ship movements to, from or within the port to which the development relates. s 5.17: Subst 2022 (373), Sch 1[10]. 5.18 Prohibition on development for the purposes of container depots on certain land in Zone IN1 (1) Despite any other provision of this Chapter, development consent must not be granted for development for the purpose of a container depot on land within Zone IN1 General Industrial that is shown as a Container Depots Prohibition Area on the Land Zoning Map . (2) In this section, a container depot means a building or place that is used for— (a) the unloading or unpacking (or both) of shipping containers for delivery to individual consignees, or (b) the consolidation of goods from different consignors into full shipping container loads for despatch, or (c) the repair, refitting or storage of shipping containers. Note. This section does not prevent the granting of consent to development that is permitted with consent where the use of shipping containers is ancillary to the purposes for which the consent was granted. 5.19 Business premises and office premises in Zone IN1 Development consent must not be granted for development for the purposes of business premises or office premises on land within Zone IN1 General Industrial unless the consent authority is satisfied that the development is associated with, and ancillary to, port facilities or industrial uses of land. 5.19A Office premises in Zone IN2 Development consent must not be granted for development for the purposes of office premises on land within Zone IN2 Light Industrial unless the consent authority is satisfied the development is associated with, and ancillary to, port facilities or industrial uses of land. s 5.19A: Ins 2022 (373), Sch 1[11]. 5.19B Food and drink premises in Zone SP1 Development consent must not be granted for development for the purposes of food and drink premises on land in Zone SP1 Special Activities if the gross floor area of the food and drink premises is more than 300m 2 . s 5.19B: Ins 2022 (373), Sch 1[11]. 5.20 Earthworks (1) The objective of this section is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. (2) Development consent is required for earthworks unless— (a) the earthworks are exempt development under this Chapter or another applicable environmental planning instrument, or (b) the earthworks are ancillary to development that is permitted without consent under this Chapter or to development for which development consent has been given. (3) Before granting consent to a development application for development for the purposes of earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters— (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development, (b) the effect of the development on the likely future use or redevelopment of the land, (c) the classification of the soil to be excavated, (d) the effect of the development on the existing and likely amenity of adjoining properties, (e) the destination of any excavated material, (f) the likelihood of disturbing relics, (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area, (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development, (i) the potential impact on groundwater and groundwater dependent ecosystems, (j) whether the development is likely to result in water pollution or land pollution, (k) whether the development can be carried out in a way that will minimise wind-blown or traffic-generated dust emissions. (4) The consent authority must not grant consent to a development application under this section unless the consent authority is satisfied that fill brought to the site— (a) contains only virgin excavated natural material, or (b) is the subject of an excavated natural material exemption in force under the Protection of the Environment Operations (Waste) Regulation 2014 , Part 9. (5) In this section— land pollution and water pollution have the same meaning as in the Protection of the Environment Operations Act 1997 . Note. The National Parks and Wildlife Act 1974 , particularly section 86, deals with harming Aboriginal objects. s 5.20: Am 2022 (373), Sch 1[12]–[16]. 5.21 Additional permitted uses (1) Despite any other provision of this Chapter, development for the purposes of business premises or office premises may be carried out with development consent on land shown hatched on the Additional Permitted Uses Map or on land within a Lease Area. (2) Despite any other provision of this Chapter, development for the purposes of vehicle sales or hire premises may be carried out with development consent on land within a Lease Area. (3), (4) s 5.21: Am 2024 (29), Sch 1[1] [2]; 2025 (618), Sch 3[2]. 5.22 Exceptions to development standards (1) The objectives of this section are as follows— (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section. (3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that— (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and (b) there are sufficient environmental planning grounds to justify the contravention of the development standard. Note— The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b). (4) The consent authority must keep a record of its assessment carried out under subsection (3). (5), (6) (7) This section does not allow development consent to be granted for development that would contravene any of the following— (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated. s 5.22: Am 2023 (524), Sch 1.4[3]. 5.23 Conversion of fire alarms (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. (2) The following development may be carried out, but only with development consent— (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. (3) Development to which subsection (2) applies is complying development if it consists only of— (a) internal alterations to a building, or (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm. (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. (5) In this section— private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. 5.23A Canal estate development prohibited Canal estate development is prohibited on land to which this Chapter applies. s 5.23A: Ins 2022 (629), Sch 3.19[6]. Land Use Table Land Use tbl: Am 2022 (373), Sch 1[17]–[20]. Zone IN1 General Industrial 1 Objectives of zone • To provide a wide range of industrial and warehouse land uses. • To encourage employment opportunities. • To minimise any adverse effect of industry on other land uses. • To facilitate and encourage port related industries that will contribute to the growth and diversification of trade through the port. • To enable development for the purposes of business premises or office premises associated with, and ancillary to, port facilities or industries. • To encourage ecologically sustainable development. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat building and repair facilities; Business premises; Depots; Food and drink premises; Freight transport facilities; General industries; Jetties; Light industries (other than artisan food and drink industries); Neighbourhood shops; Office premises; Roads; Signage; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities 4 Prohibited Any development not specified in item 2 or 3 Zone IN2 Light Industrial 1 Objectives of zone • To provide a range of business and light industrial land uses. • To encourage employment opportunities. • To minimise any adverse effect of industry on other land uses. • To support and protect industrial land for industrial land uses. • To enable development for the purposes of office premises associated with, and ancillary to, port facilities or industries. • To enable other land uses that provide facilities or services to meet the day-to-day needs of workers in the area. • To minimise conflict between port-related land uses and land uses within adjoining zones. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat building and repair facilities; Business premises; Food and drink premises; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Places of public worship; Roads; Signage; Vehicle body repair workshops; Vehicle repair stations 4 Prohibited Artisan food and drink industries; Any other development not specified in item 2 or 3 Zone IN3 Heavy Industrial 1 Objectives of zone • To provide suitable areas for those industries that need to be separated from other land uses. • To encourage employment opportunities. • To minimise any adverse effect of heavy industry on other land uses. • To provide transport infrastructure and intermodal facilities. • To allow a diversity of activities that will not significantly detract from the operation of existing or proposed industries. 2 Permitted without consent Environmental protection works 3 Permitted with consent Depots; Food and drink premises; Freight transport facilities; Heavy industries; Port facilities; Roads; Transport depots; Warehouse or distribution centres; Waste or resource management facilities 4 Prohibited Any development not specified in item 2 or 3 Zone SP1 Special Activities 1 Objectives of zone • To provide for special land uses that are not provided for in other zones. • To provide for sites with special natural characteristics that are not provided for in other zones. • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land. • To maximise the use of waterfront areas to accommodate port facilities and industrial, maritime industrial, freight and bulk storage premises that benefit from being located close to port facilities. • To enable the efficient movement and operation of commercial shipping and to provide for the efficient handling and distribution of freight from port areas through the provision of transport infrastructure. • To provide for port related facilities and development that support the operations of Port Botany, Port Kembla and the Port of Newcastle. • To facilitate development that by its nature or scale requires separation from residential areas and other sensitive land uses. • To encourage employment opportunities. 2 Permitted without consent Jetties; Moorings; Roads 3 Permitted with consent Capital dredging; Environmental facilities; Environmental protection works; Food and drink premises; Maintenance dredging; Navigation and emergency response facilities; Neighbourhood shops; Port facilities; Wharf or boating facilities; Any other development not specified in item 2 or 4 4 Prohibited Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Artisan food and drink industries; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Funeral homes; Health services facilities; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Mortuaries; Open cut mining; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies Zone RE1 Public Recreation 1 Objectives of zone • To enable land to be used for public open space or recreational purposes. • To provide a range of recreational settings and activities and compatible land uses. • To protect and enhance the natural environment for recreational purposes. • To protect, manage and restore the Botany Bay shoreline for ecological purposes. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat launching ramps; Car parks; Community facilities; Environmental facilities; Kiosks; Recreation areas; Roads 4 Prohibited Any development not specified in item 2 or 3 Part 5.3 Exempt and complying development 5.24 Exempt development Note— Under the Act, section 1.6, the carrying out of exempt development does not require— (a) development consent under the Act, Part 4, or (b) an environmental impact assessment under the Act, Division 5.1, or (c) State significant infrastructure approval under the Act, Division 5.2, or (d) a certificate under the Act, Part 6. Exempt development is development declared to be exempt development by an environmental planning instrument because of its minor impact. (1) The objective of this section is to declare development of minor impact as exempt development. (2) Development specified in Schedule 10 on land within the Lease Area that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. (3) To be exempt development, the development— (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia or compromise the fire safety of the building or affect access to any fire exit, and (c) must not be development of a kind specified as designated development (other than development specified in clause 28 or 30 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000 ), and (d) if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, must involve no more than minimal impact on the heritage significance of the item or area, and (e) must not be a potentially hazardous industry or a potentially offensive industry within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3, and (f) if it is development on land containing a containment cell, must not be development that is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell, and (g) must not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 , and (h) must not be carried out on land in an area of outstanding biodiversity value within the meaning of the Biodiversity Conservation Act 2016 . (4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if— (a) the building has a current fire safety certificate or fire safety statement, or (b) no fire safety measures are currently implemented, required or proposed for the building. (5) To be exempt development, the development must be installed in accordance with the manufacturer’s specifications, if applicable. (6) A heading to an item in Schedule 10 is part of that Schedule. s 5.24: Am 2022 (373), Sch 1[21]–[24]. 5.25 Complying development (1) The objective of this section is to identify development as complying development. (2) Development specified in Part 1 of Schedule 11 on land within the Lease Area that is carried out in compliance with— (a) the development standards specified in relation to that development, and (b) the requirements of this Part, is complying development. (3) To be complying development, the development must— (a) be permissible, with development consent, in the zone in which it is carried out, and (b) meet the relevant provisions of the Building Code of Australia , and (c) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993 — (i) for each opening of a public road required by the development, and (ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and (d) have an approval, if required by the Local Government Act 1993 , from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land, and (e) not be a potentially hazardous industry or a potentially offensive industry within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3, and (f) if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, involve no more than minimal impact on the heritage significance of the item or area, and (g) not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 . (3A) In Schedule 11, a reference to prepare is taken to include update in relation to a requirement to prepare the following— (a) an emergency plan, (b) a fire safety study, (c) a hazard and operability study, (d) a hazard analysis, (e) a safety management system. (4) Subsection (3)(e) does not apply to development specified in Schedule 11, sections 11–13AC. (5) A complying development certificate for development specified in Part 1 of Schedule 11 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule. (6) A heading to an item in Schedule 11 is part of that Schedule. (7) s 5.25: Am 2022 (373), Sch 1[23] [25]–[27]. 5.26 Additional exempt and complying development (1) The Port Operator may propose to the Minister that additional categories of development be specified as exempt development or complying development under this Chapter. (2) For the purpose of considering any such amendment, the Minister may require the Planning Secretary to consider, and to report to the Minister on, any such proposal. s 5.26: Am 2022 (373), Sch 1[6]. Part 5.4 State significant development and State significant infrastructure 5.27 State significant development (1) Development is declared to be State significant development for the purposes of the Act if— (a) it is carried out on land within the Lease Area or on unzoned land under this Chapter, and (b) it is, by operation of an environmental planning instrument, not permissible without development consent under Part 4 of the Act, and (c) it has an estimated development cost of more than $100 million or it is designated development (other than development specified in clause 28(c) or 30 (shipping facilities) of Schedule 3 to the Environmental Planning and Assessment Regulation 2000 ). (2) State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this Chapter to be State significant development as if the declaration was made under State Environmental Planning Policy (State and Regional Development) 2011 . (3) Despite subclause (2), clause 8(1) of State Environmental Planning Policy (State and Regional Development) 2011 does not apply to development carried out on land within the Lease Area or on land that is unzoned land under this Chapter. (4) Clause 12 of State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this section to be State significant development in the same way it applies to development specified in Schedule 1 or 2 to State Environmental Planning Policy (State and Regional Development) 2011 . s 5.27: Am 2023 (523), Sch 2.8[13]. 5.28 State significant infrastructure (1) Development is declared, pursuant to section 5.12 (2) of the Act, to be State significant infrastructure for the purposes of the Act if— (a) it is carried out on land within the Lease Area or on unzoned land under this Chapter, and (b) the development on that land is, by the operation of a State environmental planning policy, permissible without development consent under Part 4 of the Act, and (c) the development is for the purposes of port facilities or wharf or boating facilities carried out by or on behalf of a public authority, being development having an estimated development cost of more than $100 million, or for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or development that involves reclamation work. (2) State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this Chapter to be State significant infrastructure as if the declaration was made under State Environmental Planning Policy (State and Regional Development) 2011 . (3) Despite subsection (2), clause 14(1) of State Environmental Planning Policy (State and Regional Development) 2011 does not apply to development specified in clause 2 of Schedule 3 to that Policy if the development is carried out on land within the Lease Area or on land that is unzoned land under this Chapter. (4) Clause 19 of State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this section to be State significant infrastructure in the same way it applies to development specified in Schedule 3, 4 or 5 to State Environmental Planning Policy (State and Regional Development) 2011 . (5) This section does not apply to development specified in clause 3 of Schedule 3 to State Environmental Planning Policy (State and Regional Development) 2011 . s 5.28: Am 2023 (523), Sch 2.8[13]. Part 5.5 Miscellaneous 5.29 Preservation of trees or vegetation (1) The objective of this section is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. (2) This section applies to species or kinds of trees or other vegetation on land to which this Chapter applies (other than the Lease Area) that are prescribed for the purposes of this section by a development control plan made by the Council of the area in which they are situated or by the Planning Secretary. Note. A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner. (3) A person must not cut down, top, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by— (a) development consent, or (b) a permit or an approval granted by the Council of the area in which the tree or vegetation is situated. (4) The refusal by the Council to grant a permit or an approval to a person who has duly applied for the grant of the permit or approval is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. (5) This section does not apply to a tree or other vegetation that the Council of the area in which the tree or vegetation is situated is satisfied is dying or dead and is not required as the habitat of native fauna. (6) This section does not apply to a tree or other vegetation that the Council of the area in which the tree or vegetation is situated is satisfied is a risk to human life or property. (7) A permit or approval must not allow cutting down, topping, pruning, removal, injuring or destruction of a tree or other vegetation— (a) that is or forms part of a heritage item, or (b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance, unless the Council is satisfied that the proposed activity— (c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object or Aboriginal place of heritage significance, and (d) would not adversely affect the heritage significance of the heritage item, Aboriginal object or Aboriginal place of heritage significance. Note. As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 5.31 will be applicable to any such consent. (8) This section does not apply to or in respect of— (a) the clearing of native vegetation— (i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 , or (ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003 ) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916 , or (d) action required or authorised to be done by or under the Electricity Supply Act 1995 , the Roads Act 1993 or the Surveying and Spatial Information Act 2002 , or (e) plants declared to be noxious weeds under the Noxious Weeds Act 1993 , or (f) plants declared to be marine vegetation under the Fisheries Management Act 1994 . Note. Permissibility may be a matter that is determined by or under any of these Acts. s 5.29: Am 2022 (373), Sch 1[6] [28]–[33]. 5.30 Other trees or vegetation (1) This section applies to any tree or other vegetation on land to which this Chapter applies that— (a) is not of a species or kind prescribed for the purposes of section 5.29 by a development control plan made by the Council of the area in which the tree or vegetation is situated or by the Planning Secretary, or (b) is situated within the Lease Area. (2) The cutting down, topping, pruning, removal, injuring or destruction of any tree or other vegetation to which this section applies is permitted without development consent. s 5.30: Am 2022 (373), Sch 1[6] [32] [34]. 5.31 Heritage conservation (1) Objectives The objectives of this section are as follows— (a) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (b) to conserve archaeological sites, (c) to conserve Aboriginal objects and Aboriginal places of heritage significance. (2) Requirement for consent Development consent is required for any of the following— (a) demolishing or moving a heritage item, (b) altering a heritage item that is a building by making structural changes to its interior, (c) erecting a building on land on which a heritage item is located. (3) When consent not required However, development consent under this section is not required if— (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development— (i) is of a minor nature or is for the maintenance of the heritage item, and (ii) would not adversely affect the heritage significance of the heritage item, or (b) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (c) the development is making changes to the exterior of a heritage item, including in the case of a building making structural changes to the detail, fabric, finish or appearance of the building, or (d) the development is exempt development. (4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this section in respect of a heritage item, consider the effect of the proposed development on the heritage significance of the item concerned. This subsection applies regardless of whether a heritage management document is prepared under subsection (4) or a heritage conservation management plan is submitted under subsection (5). (5) Heritage assessment The consent authority may, before granting consent to any development— (a) on land on which a heritage item is located, or (b) on land that is within the vicinity of land referred to in paragraph (a), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this section. (7) Demolition of nominated State heritage items The consent authority must, before granting consent under this section for the demolition of a nominated State heritage item— (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (8) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Chapter, if the consent authority is satisfied that— (a) the conservation of the heritage item is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area, and (f) the proposed development would not be carried out in the Intertrade Industrial Park. (9) In this section— heritage item means a building, work, tree or place listed in the Table to this section. Heritage items Suburb Item name Address Property description Banksmeadow Main Administration Building—“Orica” and Mature Ficus Corner of Denison and Beauchamp Streets Lot 11, DP 1039919 Banksmeadow Pier Hotel 1751 Botany Road Lot 1, DP 1031248 Banksmeadow Botany Bay Hotel 1807 Botany Road Lot A, DP 333268 Botany Canary Island Date Palms ( Phoenix canariensis ) 23 Byrnes Street Lot 1, DP 169307 Carrington Hydraulic Power Station 106 Bourke Street Lot 30, DP 1190075 Carrington Bullock Island Crane Bases 140 Bourke Street Lot 5, DP 1104199 Carrington Former McMyler Hoist 140 Bourke Street Lot 6, DP 1187086 Carrington Armstrong & Royce Timber Mill 8 Cowper Street South Part Lot 100, DP 1014244 Carrington Earp Woodcock Beveridge & Co (Industrial Site) 8 Cowper Street South Part Lot 100, DP 1014244 Carrington Former Morrison Bearby Warehouse (facade only) 92 Hill Street Lot 11, DP 1023961 Kooragang Palm 2A Heron Road Lot 1, DP 575674 Mayfield North Administration Buildings Nos 2, 3 and 4 51 Industrial Drive Lot 225, DP 1013964 Mayfield North No 1 Change House 51 Industrial Drive Lot 225, DP 1013964 Mayfield North 1st Mill Building 51 Industrial Drive Lot 225, DP 1013964 Mayfield North Tool Room 133 Ingall Street Lot 31, DP 1116571 Mayfield North Delprat’s Quarters 133A Ingall Street Lot 32, DP 1116571 Mayfield North Cycle Sheds for No 2 Rod Mill 135 Ingall Street Lot 2, DP 1032755 Mayfield North Apprentice Training Centre 135 Ingall Street Lot 2, DP 1032755 Mayfield North Administration Building, 1933 141 Ingall Street Lot 1, DP 11116571 Mayfield North BHP Administration Building 99 Selwyn Street Part Lot 332, DP 1176879 Mayfield North Quality Control Laboratory 99 Selwyn Street Part Lot 332, DP 1176879 Newcastle East (Coal River Precinct) Nobbys Lighthouse, Headland and Breakwater Nobbys Road Lots 1052, 1053 and 1055, DP 1189091; R88721 Newcastle East (Coal River Precinct) Stone Boat Harbour (Relic) Wharf Road Lot 100, DP 1190502 Port Kembla Mobile Block Setting Steam Crane Eastern Breakwater Harbour That part of Lot 4, DP 114693 identified as “4” on the Heritage Map Port Kembla Hill 60, Illowra Battery (State Heritage Register listing 01492) Gloucester Boulevard That part of Lot 3, DP 1146913 and Lot 1, DP 825951 identified as “5” on the Heritage Map Port Kembla Brick Chimney, Port Kembla Copper Military Road That part of Lot 21, DP 546139 identified as “3” on the Heritage Map Port Kembla Office and House, Port Kembla Copper Military Road That part of Lot 21, DP 546139 identified as “2” on the Heritage Map s 5.31: Am 2022 (373), Sch 1[35] [36]; 2022 (517), Sch 1[19] [20]; 2025 (618), Sch 3[3]. 5.32 Application of consultation requirements (1) Division 1 of Part 2 of State Environmental Planning Policy (Infrastructure) 2007 applies to development referred to in this Chapter carried out by or on behalf of a public authority within the meaning of this Chapter in the same way that it applies to development referred to in that Policy carried out by or on behalf of a public authority within the meaning of that Policy. (2) For the purposes of this section, a reference in that Division to a local heritage item is a reference to a local heritage item within the meaning of this Chapter.

Savings s 5.9: Am 2022 (517), Sch 1[17]; 2023 (524), Sch 1.4[1] [2]; 2025 (618), Sch 3[1].

Additional permitted uses s 5.21: Am 2024 (29), Sch 1[1] [2]; 2025 (618), Sch 3[2].

Heritage conservation s 5.31: Am 2022 (373), Sch 1[35] [36]; 2022 (517), Sch 1[19] [20]; 2025 (618), Sch 3[3].

Heritage items Suburb Item name Address Property description Banksmeadow Main Administration Building—“Orica” and Mature Ficus Corner of Denison and Beauchamp Streets Lot 11, DP 1039919 Banksmeadow Pier Hotel 1751 Botany Road Lot 1, DP 1031248 Banksmeadow Botany Bay Hotel 1807 Botany Road Lot A, DP 333268 Botany Canary Island Date Palms ( Phoenix canariensis ) 23 Byrnes Street Lot 1, DP 169307 Carrington Hydraulic Power Station 106 Bourke Street Lot 30, DP 1190075 Carrington Bullock Island Crane Bases 140 Bourke Street Lot 5, DP 1104199 Carrington Former McMyler Hoist 140 Bourke Street Lot 6, DP 1187086 Carrington Armstrong & Royce Timber Mill 8 Cowper Street South Part Lot 100, DP 1014244 Carrington Earp Woodcock Beveridge & Co (Industrial Site) 8 Cowper Street South Part Lot 100, DP 1014244 Carrington Former Morrison Bearby Warehouse (facade only) 92 Hill Street Lot 11, DP 1023961 Kooragang Palm 2A Heron Road Lot 1, DP 575674 Mayfield North Administration Buildings Nos 2, 3 and 4 51 Industrial Drive Lot 225, DP 1013964 Mayfield North No 1 Change House 51 Industrial Drive Lot 225, DP 1013964 Mayfield North 1st Mill Building 51 Industrial Drive Lot 225, DP 1013964 Mayfield North Tool Room 133 Ingall Street Lot 31, DP 1116571 Mayfield North Delprat’s Quarters 133A Ingall Street Lot 32, DP 1116571 Mayfield North Cycle Sheds for No 2 Rod Mill 135 Ingall Street Lot 2, DP 1032755 Mayfield North Apprentice Training Centre 135 Ingall Street Lot 2, DP 1032755 Mayfield North Administration Building, 1933 141 Ingall Street Lot 1, DP 11116571 Mayfield North BHP Administration Building 99 Selwyn Street Part Lot 332, DP 1176879 Mayfield North Quality Control Laboratory 99 Selwyn Street Part Lot 332, DP 1176879 Newcastle East (Coal River Precinct) Nobbys Lighthouse, Headland and Breakwater Nobbys Road Lots 1052, 1053 and 1055, DP 1189091; R88721 Newcastle East (Coal River Precinct) Stone Boat Harbour (Relic) Wharf Road Lot 100, DP 1190502 Port Kembla Mobile Block Setting Steam Crane Eastern Breakwater Harbour That part of Lot 4, DP 114693 identified as “4” on the Heritage Map Port Kembla Hill 60, Illowra Battery (State Heritage Register listing 01492) Gloucester Boulevard That part of Lot 3, DP 1146913 and Lot 1, DP 825951 identified as “5” on the Heritage Map Port Kembla Brick Chimney, Port Kembla Copper Military Road That part of Lot 21, DP 546139 identified as “3” on the Heritage Map Port Kembla Office and House, Port Kembla Copper Military Road That part of Lot 21, DP 546139 identified as “2” on the Heritage Map

Table of amending instruments State Environmental Planning Policy (Transport and Infrastructure) 2021 (732) . LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Policy has been amended by this Policy, Sch 12, sec 7 and as follows— 2022 (132) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Miscellaneous) 2022 . LW 1.4.2022. Date of commencement, on publication on LW, sec 2. (248) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Moorebank Freight Intermodal Precinct) 2022 . LW 27.5.2022. Date of commencement, on publication on LW, sec 2. (274) State Environmental Planning Policy Amendment (Temporary Emergency Facilities) 2022 . LW 3.6.2022. Date of commencement, on publication on LW, sec 2. (373) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Three Ports) 2022 . LW 8.7.2022. Date of commencement, on publication on LW, sec 2. (441) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Miscellaneous) (No 2) 2022 . LW 5.8.2022. Date of commencement, on publication on LW, sec 2. (451) State Environmental Planning Policy Amendment (Housing Supply) 2022 . LW 12.8.2022. Date of commencement, on publication on LW, sec 2. (461) State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022 . LW 17.8.2022. Date of commencement, on publication on LW, sec 2(1). (517) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Intertrade Industrial Park) 2022 . LW 26.8.2022. Date of commencement, on publication on LW, sec 2. (528) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Change of Use) 2022 . LW 1.9.2022. Date of commencement, on publication on LW, sec 2. (629) State Environmental Planning Policy Amendment (Water Catchments) 2022 . LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. (664) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Bee Keeping and Grazing) 2022 . LW 4.11.2022. Date of commencement, 9.11.2022, sec 2. (727) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Land Use Zones) 2022 . LW 30.11.2022. Date of commencement, on the commencement of Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (ie 30.11.2022), sec 2. (742) State Environmental Planning Policy Amendment (Miscellaneous) (No 2) 2022 . LW 2.12.2022. Date of commencement, on publication on LW, sec 2. (768) State Environmental Planning Policy Amendment (Exempt and Complying Development) 2022 . LW 9.12.2022. Date of commencement, on publication on LW, sec 2. (825) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Thermal Energy from Waste) 2022 . LW 16.12.2022. Date of commencement, on publication on LW, sec 2. (826) State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022 . LW 16.12.2022. Date of commencement, 8.9.23, sec 2. Amended by Sydney Local Environmental Plan Amendment (Precincts) 2023 (275) . LW 8.6.2023. Date of commencement, 8.6.23, cl 2. 2023 (36) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Water Supply Systems) 2023 . LW 3.2.2023. Date of commencement, on publication on LW, sec 2. (80) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Electric Vehicles) 2023 . LW 24.2.2023. Date of commencement, on publication on LW, sec 2. (83) State Environmental Planning Policy Amendment (National Construction Code) 2023 . LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. (458) State Environmental Planning Policy Amendment (Agritourism) 2023 . LW 18.8.2023. Date of commencement, on publication on LW, sec 2. (523) State Environmental Planning Policy Amendment (Estimated Development Cost) 2023 . LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. (524) State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 . LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. No 35 Statute Law (Miscellaneous Provisions) Act (No 2) 2023 . Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). (609) State Environmental Planning Policy Amendment (Flood Planning) 2023 . LW 10.11.2023. Date of commencement, on publication on LW, sec 2. 2024 (29) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Port Kembla) 2024 . LW 9.2.2024. Date of commencement, on publication on LW, sec 2. (115) State Environmental Planning Policy (Transport and Infrastructure) Amendment 2024 . LW 5.4.2024. Date of commencement, on publication on LW, sec 2. (452) Inner West Local Environmental Plan Amendment (Electric Vehicle Charging Units) 2024 . LW 30.8.2024. Date of commencement, on publication on LW, cl 2. (505) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Cemeteries) 2024 . LW 27.9.2024. Date of commencement, on publication on LW, sec 2. No 67 Ports and Maritime Administration Amendment Act 2024 . Assented to 30.9.2024. Date of commencement of Sch 5, assent, sec 2(b). (585) State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 2) 2024 . LW 22.11.2024. Date of commencement, on publication on LW, sec 2. (594) State Environmental Planning Policy Amendment (Exemptions) 2024 . LW 27.11.2024. Date of commencement, on publication on LW, sec 2(b). (609) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2024 . LW 29.11.2024. Date of commencement, on publication on LW, sec 2. (654) State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 3) 2024 . LW 13.12.2024. Date of commencement, on publication on LW, sec 2. 2025 (291) State Environmental Planning Policy (Housing) Amendment (Diverse Housing) 2025 . LW 20.6.2025. Date of commencement, on publication on LW, sec 2. (352) State Environmental Planning Policy (Transport and Infrastructure) Amendment (Government Schools) 2025 . LW 11.7.2025. Date of commencement, on publication on LW, sec 2. (423) State Environmental Planning Policy Amendment (Central Precinct) 2025 . LW 15.8.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments Sec 1.3 Am 2024 (585), Sch 1[1]; 2025 (291), Sch 3[1]. Sec 2.3 Am 2023 (523), Sch 2.8[1]; 2023 (609), Sch 2.22[1]; 2024 (654), Sch 1[1]. Sec 2.4 Am 2022 (517), Sch 1[1]. Sec 2.7 Am 2024 (654), Sch 1[2]–[7]. Sec 2.9A Ins 2023 (83), Sch 2.6[1]. Sec 2.12 Am 2023 (609), Sch 2.22[2]. Sec 2.13 Am 2023 (609), Sch 2.22[2]. Sec 2.14 Am 2024 (654), Sch 1[8]. Sec 2.15 Am 2022 (517), Sch 1[2]; 2022 (629), Sch 3.19[1]–[3]; 2022 (742), Sch 1[1]; 2023 (523), Sch 2.8[2]. Sec 2.16 Am 2023 (83), Sch 2.6[2]. Part 2.2, Div 2, note Am 2022 (517), Sch 1[1]. Sec 2.18 Am 2022 (517), Sch 1[1]–[3]. Sec 2.19 Am 2022 (517), Sch 1[1]. Sec 2.20 Am 2024 (609), Sch 2[1]. Sec 2.21 Am 2022 (742), Sch 1[2] [3]. Sec 2.22 Am 2024 (609), Sch 2[1]. Sec 2.23 Am 2022 (517), Sch 1[4]. Sec 2.24 Am 2022 (727), Sch 1[1]–[3]. Sec 2.26 Am 2022 (727), Sch 1[4]. Part 2.3, Div 3, heading Am 2022 (768), Sch 3[1]. Sec 2.31 Am 2022 (727), Sch 1[5] [6]; 2022 (768), Sch 3[2]. Sec 2.35 Am 2022 (132), Sch 1[1]–[3]; 2022 (727), Sch 1[7]. Sec 2.36 Am 2022 (727), Sch 1[8]; 2022 (825), Sch 1[1]. Sec 2.38 Am 2022 (825), Sch 1[1]. Sec 2.39 Am 2022 (727), Sch 1[8]. Sec 2.40 Am 2022 (825), Sch 1[2]. Sec 2.41 Am 2022 (132), Sch 1[4]–[6]; 2022 (727), Sch 1[8]. Sec 2.44 Am 2024 (654), Sch 1[6] [9]. Sec 2.44A Ins 2024 (654), Sch 1[10]. Sec 2.48 Am 2022 (742), Sch 1[4]. Sec 2.49 Am 2022 (727), Sch 1[9] [10]. Sec 2.52 Am 2024 (585), Sch 1[2] [3]; 2024 (654), Sch 1[11]. Sec 2.54 Am 2024 (654), Sch 1[12]. Part 2.3, Div 9 Subst 2022 (664), sec 4. Sec 2.58A Ins 2022 (664), sec 4. Sec 2.58B Ins 2022 (664), sec 4. Sec 2.59 Am 2022 (727), Sch 1[11] [12]; 2024 (585), Sch 1[4] [5]. Sec 2.60 Am 2022 (517), Sch 1[1] [5]. Sec 2.61 Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[13]; 2024 (585), Sch 1[6]–[8]. Sec 2.61A Ins 2024 (585), Sch 1[9]. Sec 2.62 Am 2024 (585), Sch 1[10]. Sec 2.62A Ins 2024 (585), Sch 1[11]. Sec 2.63 Am 2022 (742), Sch 1[5]; 2025 (291), Sch 3[2]. Sec 2.63A Ins 2022 (132), Sch 1[7]. Rep 2024 (585), Sch 1[12]. Sec 2.69 Am 2022 (826), Sch 1.3[1] [2]; 2025 (423), Sch 5. Sec 2.70 Am 2022 (528), sec 4(1). Sec 2.70A Ins 2022 (826), Sch 1.3[3]. Sec 2.73 Am 2022 (742), Sch 1[6]. Sec 2.74 Am 2022 (528), sec 4(2); 2022 (742), Sch 1[7] [8]. Sec 2.75 Am 2022 (517), Sch 1[2]. Sec 2.78 Am 2022 (727), Sch 1[14]–[16]; 2024 (654), Sch 1[13] [14]. Sec 2.80 Am 2024 (654), Sch 1[9] [15]. Sec 2.80A Ins 2024 (654), Sch 1[16]. Sec 2.81 Am 2024 (654), Sch 1[17]. Sec 2.82 Am 2022 (517), Sch 1[7]. Sec 2.85 Am 2022 (727), Sch 1[17] [18]. Sec 2.91 Am 2022 (441), Sch 1[1]; 2022 (727), Sch 1[19]; 2024 (654), Sch 1[18] [19]. Sec 2.92 Am 2024 (654), Sch 1[20]. Sec 2.93A Ins 2024 (654), Sch 1[21]. Sec 2.94 Am 2022 (742), Sch 1[9]; 2024 (654), Sch 1[22]. Sec 2.95 Am 2022 (441), Sch 1[2]–[4]. Sec 2.96 Subst 2022 (441), Sch 1[5]. Sec 2.96A Ins 2022 (441), Sch 1[5]. Sec 2.98 Am 2022 (517), Sch 1[1]. Sec 2.99 Am 2022 (517), Sch 1[1]. Sec 2.100 Am 2022 (517), Sch 1[1]. Sec 2.101 Am 2023 (523), Sch 2.8[2]. Sec 2.104 Am 2022 (727), Sch 1[20]. Sec 2.107 Am 2022 (517), Sch 1[2]. Sec 2.108 Am 2022 (727), Sch 1[21] [22]; 2024 (654), Sch 1[23] [24]. Sec 2.109 Am 2022 (742), Sch 1[10]; 2024 (654), Sch 1[25]. Sec 2.110A Ins 2024 (654), Sch 1[26]. Sec 2.111 Am 2024 (654), Sch 1[27]. Sec 2.112 Am 2024 (654), Sch 1[28]. Sec 2.118 Am 2023 (523), Sch 2.8[2]. Sec 2.120 Am 2022 (451), Sch 3; 2022 (517), Sch 1[1]. Sec 2.121 Am 2022 (517), Sch 1[1]. Sec 2.122A Ins 2024 (594), Sch 4. Part 2.3, Div 17. Subdiv 3 Subst 2023 (80), Sch 1. Sec 2.123 Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[29]. Sec 2.124 Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[30]–[34]. Sec 2.124A Ins 2023 (80), Sch 1. Am 2023 (458), Sch 3.6[1]–[3]; 2024 (654), Sch 1[35]. Sec 2.124B Ins 2023 (80), Sch 1. Sec 2.124C Ins 2023 (80), Sch 1. Sec 2.124D Ins 2023 (80), Sch 1. Am 2024 (115), Sch 1[1] [2]; 2024 (654), Sch 1[34] [36]. Sec 2.124E Ins 2023 (80), Sch 1. Am 2024 (452), Sch 1; 2024 (654), Sch 1[34] [37]. Sec 2.124F Ins 2023 (80), Sch 1. Am 2024 (654), Sch 1[34] [38] [39]. Sec 2.125 Am 2022 (727), Sch 1[23]. Sec 2.126 Am 2024 (115), Sch 1[3] [4]. Sec 2.126A Ins 2024 (654), Sch 1[40]. Sec 2.131 Am 2022 (517), Sch 1[3] [8]. Sec 2.136 Am 2024 (654), Sch 1[41] [42]. Sec 2.137 Subst 2024 (654), Sch 1[43]. Sec 2.137A Ins 2024 (654), Sch 1[43]. Sec 2.140 Am 2022 (132), Sch 1[8]–[10]. Sec 2.141 Am 2022 (132), Sch 1[11]; 2022 (441), Sch 1[6] [7]; 2022 (517), Sch 1[1]. Sec 2.143 Am 2022 (517), Sch 1[1]. Sec 2.145 Am 2022 (132), Sch 1[12]. Sec 2.152 Am 2022 (727), Sch 1[24]. Sec 2.153 Am 2022 (727), Sch 1[25] [26]; 2022 (825), Sch 1[3]. Sec 2.158 Am 2022 (727), Sch 1[27]; 2023 (36), sec 4. Sec 2.159 Am 2023 (458), Sch 3.6[4] [5]; 2024 (654), Sch 1[9]. Sec 2.159A Ins 2024 (654), Sch 1[44]. Sec 2.161 Am 2024 (654), Sch 1[45]. Sec 2.165 Am 2022 (742), Sch 1[11]. Sec 2.165A Ins 2022 (742), Sch 1[12]. Part 2.3, Div 25A Rep 2022 (629), Sch 3.19[4]. Sec 2.166 Rep 2022 (629), Sch 3.19[4]. Sec 2.167 Rep 2022 (629), Sch 3.19[4]. Sec 2.169 Ins 2022 (132), Sch 1[13]. Rep 2022 (461), Sch 2.1[1]. Part 2.3, Div 27 Ins 2022 (274), Sch 1. Sec 2.170 Ins 2022 (274), Sch 1. Part 2.3, Div 28 Ins 2022 (825), Sch 1[4]. Sec 2.171 Ins 2022 (825), Sch 1[4]. Part 2.3, Div 29 Ins 2024 (505), Sch 1[1]. Part 2.3, Div 29, Subdiv 1 Ins 2024 (505), Sch 1[1]. Sec 2.172 Ins 2024 (505), Sch 1[1]. Sec 2.173 Ins 2024 (505), Sch 1[1]. Part 2.3, Div 29, Subdiv 2 Ins 2024 (505), Sch 1[1]. Sec 2.174 Ins 2024 (505), Sch 1[1]. Sec 2.175 Ins 2024 (505), Sch 1[1]. Part 2.3, Div 29, Subdiv 3 Ins 2024 (505), Sch 1[1]. Sec 2.176 Ins 2024 (505), Sch 1[1]. Sec 2.177 Ins 2024 (505), Sch 1[1]. Sec 2.178 Ins 2024 (505), Sch 1[1]. Sec 2.179 Ins 2024 (505), Sch 1[1]. Sec 3.3 Am 2022 (742), Sch 1[13]; 2023 (83), Sch 2.6[2]; 2023 (609), Sch 2.22[3]; 2024 (585), Sch 1[13]. Sec 3.6 Am 2022 (461), Sch 2.1[2]. Sec 3.10 Am 2023 (609), Sch 2.22[4]. Sec 3.15 Am 2022 (517), Sch 1[2] [3]. Sec 3.16 Am 2024 (609), Sch 2[2]. Sec 3.17 Am 2022 (742), Sch 1[14]; 2025 (291), Sch 3[3]. Sec 3.18 Am 2022 (629), Sch 3.19[5]; 2023 (523), Sch 2.8[3]–[7]. Sec 3.19 Am 2024 (585), Sch 1[14]. Sec 3.21 Am 2022 (517), Sch 1[4]; 2023 No 35, Sch 4.40. Sec 3.24 Am 2022 (727), Sch 1[28]–[30]. Sec 3.34 Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[31] [32]; 2022 (742), Sch 1[15]; 2024 (115), Sch 1[5]; 2024 (585), Sch 1[15] [16]; 2025 (352), Sch 1[1] [2]. Sec 3.36 Am 2022 (742), Sch 1[16]; 2023 (523), Sch 2.8[8] [9]. Sec 3.37 Am 2022 (742), Sch 1[16]; 2024 (585), Sch 1[17]–[26]; 2025 (352), Sch 1[3] [4]. Sec 3.37A Ins 2024 (585), Sch 1[28]. Am 2025 (352), Sch 1[5]. Sec 3.38A Ins 2024 (585), Sch 1[28]. Sec 3.38 Am 2024 (585), Sch 1[27]. Sec 3.39 Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[6]; 2024 (585), Sch 1[29]–[33]; 2025 (291), Sch 3[4]. Sec 3.40 Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[7]–[9]; 2024 (585), Sch 1[34]–[37]. Sec 3.41 Am 2022 (742), Sch 1[16]. Sec 3.44 Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[33] [34]. Sec 3.46 Am 2024 (654), Sch 1[46]. Sec 3.47 Am 2024 (654), Sch 1[47] [48]. Sec 3.49 Am 2025 (291), Sch 3[5]. Sec 3.51 Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[35] [36]. Sec 3.56 Am 2025 (291), Sch 3[6]. Sec 4.2 Am 2023 (523), Sch 2.8[10]. Sec 4.5 Am 2024 (585), Sch 1[38]. Sec 4.7 Am 2023 (523), Sch 2.8[11]. Chapter 5, heading Am 2022 (373), Sch 1[1]. Sec 5.2 Am 2022 (373), Sch 1[2]–[4]; 2022 (517), Sch 1[9] [10]; 2023 (523), Sch 2.8[12]; 2024 No 67, Sch 5.6[1]. Sec 5.3 Subst 2022 (373), Sch 1[5]. Am 2022 (517), Sch 1[11]. Sec 5.4 Am 2022 (517), Sch 1[12]–[15]. Sec 5.5 Am 2022 (373), Sch 1[6]. Sec 5.6 Subst 2022 (373), Sch 1[7]. Am 2022 (517), Sch 1[16]. Sec 5.9 Am 2022 (517), Sch 1[17]; 2023 (524), Sch 1.4[1] [2]