Comparing the consolidation as at November 14th, 2025 with December 12th, 2025 · 271 changes
Earlier · as at November 14th, 2025
Later · as at December 12th, 2025
Earlier · as at November 14th, 2025
Schedule 11
Schedule 11 Complying development—Chapter 5
Complying development—Chapter 5
sch 11, hdg: Am 2022 (248), Sch 1[11]. Part 1 Complying Development Division 1 New port facility or wharf or boating facility buildings or alterations or additions to such buildings Subdivision 1 Development specified 1 New port facility or wharf or boating facility buildings or alterations or additions to such buildings (1) Erection and use of a new building for the purposes of port facilities or wharf or boating facilities, if the land on which the development is carried out is subject to a contamination statement. (2) An external or internal alteration of, or addition to, an existing building that is used for the purposes of port facilities or wharf or boating facilities, if the land on which the development is carried out is subject to a contamination statement or the development does not involve any disturbance of soil. Note. Some buildings or structures for the purposes of port facilities are exempt development specified in Schedule 10. (3) This section does not apply to a new building erected or used for the purposes of 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 . (4) Despite subsection (3), this section applies to development for the purposes of buildings that are ancillary to bulk liquid storage tanks. (5) This section does not apply to the erection and use of a building of a kind that is not within a classification of building under the Building Code of Australia . (6) In this section— certified contaminated land consultant means a person who holds either or both of the following certifications— (a) a Certified Professional Soil Scientist Contaminated Site Assessment and Management certification from Soil Science Australia, (b) a Certified Environmental Practitioner—Site Contamination certification from the Environment Institute of Australia and New Zealand. contamination statement means a statement— (a) prepared or endorsed by a certified contaminated land consultant, after considering applicable guidelines made under the Contaminated Land Management Act 1997 , section 105, and (b) stating the land is suitable for the intended purpose of the development. Subdivision 2 Development standards 2 Application of development standards This Subdivision sets out the development standards that apply to development specified in Subdivision 1. 3 General standards The development must not be inconsistent with, or contravene, any condition of an existing development consent or an approval for a transitional Part 3A project that is an approved project that applies to the land on which the development is to be carried out. This section does not apply to any provision or condition of an existing development consent that limits development on the land to the use permitted by that consent. 4 Building heights The height of a new building, or building as altered or added to, must not exceed the maximum height specified on the Height of Buildings Map . Note. All the land shown on the Height of Buildings Map is at Port Botany. 5 Gross floor area (1) The gross floor area of a new building must not exceed 30,000m 2 . (2) The gross floor area of any building, including any addition to the existing building, must not exceed 30,000m 2 . 6 Visual amenity Air conditioning units and mechanical plant must be screened or positioned so as to minimise visibility from frontages to main roads within Port Botany, Port Kembla and the Port of Newcastle (other than private roads). 7 Materials, finishes and colour Glazing must have a reflectivity coefficient of less than 20%. 8 Earthworks (1) Excavation works (other than excavation associated with piling) for the purposes of the development must not be more than 5m below ground level (existing) and the excavation must be structurally supported in accordance with subsection (2). (2) The structural support must take the form of a structural retaining system that— (a) has been designed by a qualified engineer, and (b) has a drainage system, and (c) does not redirect the flow of surface water onto adjoining property, and (d) is not higher than 5m, and (e) in the case of works other than works required for an extension to an existing building, is separated from any other structural retaining system on the site by at least 2m measured horizontally. 9 Lighting All new external lighting must— (a) comply with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (b) comply with sections 9.1.3 (Lighting in the Vicinity of an Aerodrome) and 9.21 (Lighting in the Vicinity of Aerodromes) of the Manual of Standards Part 139—Aerodromes made under the Civil Aviation Safety Regulations 1998 of the Commonwealth, and (c) if constructed or installed on land at Port Botany—be mounted, screened and directed in such manner that it does not create a nuisance or light spill onto land outside the Lease Area or into Penrhyn Estuary or its flushing channel, or shine into the Estuary. Division 2 Other development 10 Awnings or canopies (1) The construction or installation of an awning or canopy. (2) The development must not— (a) result in an increase to the gross floor area of the building, or (b) reduce the existing level of access to the building by people with a disability. (3) The development must be— (a) (b) not more than 3m in depth measured horizontally from the facade of the building, and (c) no closer than 450mm to the edge of any kerb or alignment of a path or road on which vehicles travel. (4) The awning or canopy must be certified by a qualified engineer as having a satisfactory design. 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. 11 Bulk liquid storage tanks (1) The construction and installation of bulk liquid storage tanks, including bunding, pipes and other associated infrastructure, on land in Port Botany
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and the Mayfield Bulk Liquid Storage Tanks Area. (2) The development must— (a) not be, and not result in, a workplace that constitutes a major hazard facility, and (b) have an estimated development cost of $30 million or less, and (c) 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 (d) for development on land in Port Botany—comply with— (i) AS/NZS 1596:2014 , The storage and handling of LP Gas , and (ii) AS 3961:2017 , The storage and handling of liquefied natural gas . (3) The tanks must be used to store— (a) for development on land in Port Botany
— (i) combustible liquids, or (ii) dangerous goods classified as class 3, 8 or 9 under the Australian Dangerous Goods Code , Part 2, or (iii) liquefied petroleum gas, or (iv) liquefied natural gas, or (b) for development on land in the Mayfield Bulk Liquid Storage Tanks Area—diesel fuel or dangerous goods classified as class 3 under the Australian Dangerous Goods Code , Part 2 in a way and volume assessed for the substance under the Newcastle LUSS. (4) The height of the tanks must not exceed 32.5m above ground level (existing). (5) The tanks must be certified by a qualified engineer as having a satisfactory design and structural integrity. (6) 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 for the most hazardous substance proposed to be stored in the tanks, 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) if constructed or installed on land at Port Botany—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, and (c) if constructed or installed on land in the Mayfield Bulk Liquid Storage Tanks Area—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
. (7) 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. (8) 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. (9) The development must comply with the recommendations, if any, made by the studies prepared under this section in relation to the development. Note— Approvals for cranes and other structures may need to be obtained under the Airports Act 1996 of the Commonwealth. 12 Bulk liquid storage tanks—change of stored liquid at Port Botany
(1) Change in kind of liquid stored in a bulk liquid storage tank on land in Port Botany
if the previous liquid stored or the new liquid consist of— (a) a combustible liquid, or (b) dangerous goods of class 3, 8 or 9 under the Australian Dangerous Goods Code , Part 2
.
(2) 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
. (3) A hazard analysis is not required to be prepared under subsection (2) if— (a) a hazard analysis that complies with subsection (2) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank, and (b) the change is not to or from a liquid consisting of dangerous goods of class 8 or 9 under the Australian Dangerous Goods Code , Part 2. (4) 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. (5) The development must comply with— (a) AS 1940:2017 , The storage and handling of flammable and combustible liquids , and (b) AS 3846—2005 , The handling and transport of dangerous cargoes in port areas , and (c) the recommendations, if any, made by the studies prepared under this section in relation to the development. 12A Bulk liquid storage tanks—change of stored liquid in Mayfield Bulk Liquid Storage Tanks Area (1) Change in kind of liquid stored in a bulk liquid storage tank on land in the Mayfield Bulk Liquid Storage Tanks Area if the previous liquid stored or the new liquid consist of— (a) diesel fuel, or (b) dangerous goods of class 3 under the Australian Dangerous Goods Code , Part 2
.
(2) The new liquid must be stored in a way and volume assessed for the substance under the Newcastle LUSS. (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) A hazard analysis is not required to be prepared under subsection (3) if a hazard analysis that complies with subsection (3) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank. (5) 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. (6) The development must comply with— (a) AS 1940:2017 , The storage and handling of flammable and combustible liquids , and (b) AS 3846—2005 , The handling and transport of dangerous cargoes in port areas , and (c) the recommendations, if any, made by the studies prepared under this section in relation to the development. 13 Bulk liquid storage tanks—modifications to pipelines and flow rates (1) For a bulk liquid storage tank used to store dangerous goods of class 2, including liquefied petroleum gas or liquefied natural gas, 3, 5, 6, 8 or 9 under the Australian Dangerous Goods Code , Part 2— (a) modifications to enlarge an existing pipeline for loading
or unloading
to the bulk liquid storage tank, or (b) modifications to increase the flow rate of a pipeline for loading or unloading to or from the bulk liquid storage tank, or (c) installation of a new pipeline or dispensing facilities for loading
or unloading
to the bulk liquid storage tank. (2) 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) for development on land in the Mayfield Bulk Liquid Storage Tanks Area—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, and (c) for development on land at Port Botany—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
. (3) A hazard analysis is not required to be prepared under subsection (2) if a hazard analysis that complies with subsection (2) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank. (4) 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 if the tank is used to store the following liquids— (a) liquids of dangerous goods class 2, including liquefied petroleum gas or liquefied natural gas, 3 or 5 under the Australian Dangerous Goods Code , Part 2, (b) high temperature liquids of dangerous goods class 9 under the Australian Dangerous Goods Code , Part 2. (5) 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. (6) The development must comply with the recommendations, if any, made by the studies in relation to the development. 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. 14 Cranes (1) The installation of a new rail mounted crane, crane rails for a rail mounted crane or a fixed crane or the replacement of an existing rail mounted crane, crane rails for a rail mounted crane or a fixed crane. (2) The crane, crane rails for a rail mounted crane or a fixed crane must be certified by a qualified engineer as having a satisfactory design. Note. Approvals for cranes and other structures may need to be obtained under the Airports Act 1996 of the Commonwealth. 15 Demolition of certain structures (1) The demolition of any of the following— (a) one or more liquefied petroleum gas storage tanks having a total capacity of more than 3 tonnes of gas, (b) bulk liquid storage tanks that have been used to store dangerous goods, (c) pipelines that have been used to carry dangerous goods. (2) The demolition must comply with AS 2601—2001, The demolition of structures . Note. Demolition work must also be carried out in accordance with the Work Health and Safety Regulation 2017 . 15A Dry bulk storage silos (1) The construction or installation of a dry bulk storage silo that is not to be used for the storage of dangerous goods. (2) The dry bulk storage silo must be certified by a qualified engineer as having a satisfactory design and structural integrity. 16 Emergency services equipment (1) The construction or installation, including upgrading and replacing, of emergency services equipment (including fire systems, pumphouses, fire water tanks and other essential fire safety facilities). (2) The development must not— (a) reduce the level of fire safety of a building, or (b) detrimentally affect the structural integrity of a building, or (c) alter or extend an existing fire sprinkler system of a building that is unsuitable for the level of fire hazard arising from the use of the building unless the alteration or extension is for the purpose of or includes upgrading the fire sprinkler system so that it is suitable for that level of fire hazard. 17 Food and drink premises (1) Food and drink premises. (2) The food and drink premises must— (a) not have a gross floor area of more than
1,250m
2 , and (b) have food preparation areas that comply with AS 4674–2004 , Design, construction and fit-out of food premises . 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) 18 Port facilities—change of use (change of building classification or increased fire hazard level) (1) Port facilities, if the development involves a change of use from a lawful use for the purposes of port facilities to another kind of use for the purposes of port facilities and the land on which the development is carried out is the subject of a contamination statement. (2) The new use must not be inconsistent with, or contravene, an existing development consent applicable to the land. This subsection does not apply to any provision or condition of an existing development consent that limits development on the land to the use permitted by that consent. (3) The land on which the development is carried out must be suitable for the new use. (4) If the new use results in an increase in the level of fire hazard arising from the use of a building, appropriate fire safety measures for that increased level of fire hazard must be provided. (5) In this section— certified contaminated land consultant means a person who holds either or both of the following certifications— (a) a Certified Professional Soil Scientist Contaminated Site Assessment and Management certification from Soil Science Australia, (b) a Certified Environmental Practitioner—Site Contamination certification from the Environment Institute of Australia and New Zealand. contamination statement means a statement— (a) prepared or endorsed by a certified contaminated land consultant, after considering applicable guidelines made under the Contaminated Land Management Act 1997 , section 105, and (b) stating the land is suitable for the intended purpose of the development. Note. A change of use that does not result in a change of building classification or an increase in the fire hazard level of the building is exempt development under Chapter 5. 18A Ship loaders, unloaders and cargo handling facilities (1) The construction or installation of a new ship loader or unloader, or associated cargo handling facilities. (2) The ship loader, unloader or cargo handling facility must be certified by a qualified engineer as having a satisfactory design and structural integrity. 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. 19 Retaining walls (1) The construction of a retaining wall having a height of not more than 6m above ground level (existing). (2) The design of the wall must— (a) if it has a height of more than 1m, be certified by a structural engineer as having a satisfactory design and structure, and (b) comply with— (i) AS 3700—2011 , Masonry structures and AS 3700 Supp 1—2012 , Masonry structures—Commentary (Supplement to AS 3700—2011) , and (ii) AS/NZS 1170.1:2002 , Structural design actions Part 1: Permanent, imposed and other actions and AS/NZS 1170.1 Supp 1:2002 , Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002) , and (iii) if the structure is made of timber, AS 1720.1—2010 , Timber structures Part 1: Design methods . 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 . Part 2 Complying development certificate conditions Note. Complying development must comply with the requirements of the Act, the regulations under the Act and Chapter 5. 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 . 20 General conditions Any development specified in Part 1 is subject to the same conditions set out in Schedule 8 to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , other than the following— (a) clauses 3, 6, 7, 11 and 15, (b) Part 4. 21 Further general conditions (1) Any development specified in Part 1 is subject to the following conditions— (a) construction may be carried out only between 7.00am and 5.00pm Monday to Saturday, unless construction cannot be heard at the nearest residence, (b) to control dust emissions from the site, suitable measures must be taken to suppress dust or mitigate the effect of dust emissions prior to any demolition, excavation or building work, (c) any earthworks, including any structural retaining system or other related structure for the purposes of the development must comply with the following— (i) must not cause a danger to life or property or damage to any adjoining buildings or structures on the land comprising the lot on which the earthworks are carried out or to any building or structure on land comprising an adjoining lot, (ii) must not redirect the flow of any surface or ground water, or cause sediment to be transported, onto an adjoining property, (iia) any excavated material must be classified in accordance with the Waste Classification Guidelines, Part 1: Classifying waste , published by the NSW Environment Protection Authority in November 2014, Note— The Waste Classification Guidelines are available on the Environment Protection Authority’s website. (iii) any excavated soil found to be contaminated as classified under guidelines made under the Contaminated Land Management Act 1997 must be removed from the site in accordance with any requirements of the Protection of the Environment Operations Act 1997 , or appropriately remediated or managed on site, (iv) for fill brought to the site—must use fill containing only virgin excavated natural material or fill re-used in accordance with an excavated natural material exemption under the Protection of the Environment Operations (Waste) Regulation 2014 , Part 9. (2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice ( ISBN 978-0-642-785442 ) , published in July 2012 by Safe Work Australia. 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. 22 Additional condition—awnings and canopies Development that consists of the construction or installation of an awning or canopy is subject to the condition that a certificate by a qualified engineer certifying that the awning or canopy has been constructed or installed in accordance with the specifications for the design certified by a qualified engineer must be provided to the principal certifying authority. 23 Additional conditions—bridges, cranes, ship loaders, unloaders and bridges, conveyor systems, cranes, dry bulk storage silos, road and rail terminal facilities, ship loaders and unloaders, stacker-reclaimers, stackers, reclaimers, wharves and berthing infrastructure (1) This section applies to development that consists of the construction or installation of any of the following items— (a) a bridge used for a purpose other than a road, (b) a rail-mounted crane, crane rails for a rail mounted crane or a fixed crane, (c) a ship loader, unloader, or cargo handling facilities, (d) a dry bulk storage silo, (e) road and rail terminal facilities, (f) a stacker-reclaimer, stacker or reclaimer, (g) wharves and berthing infrastructure, (h) a conveyor system. (2) The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (a) the item has been installed in accordance with the specifications for the design certified by a qualified engineer, and (b) the item is structurally adequate. 24 Additional condition—demolition of certain tanks and pipelines Development that consists of the demolition of structures referred to in section 15 is subject to the condition that the demolition is carried out in accordance with a demolition plan prepared by a person authorised to carry out such demolitions under the Work Health and Safety Regulation 2017 . 25 Additional condition—emergency facilities Fire watch measures must be implemented during any period when development that consists of work on existing alarm signalling equipment results in a loss of a monitoring service. 26 Additional condition—retaining walls over 1m Development that consists of a retaining wall having a height of more than 1m is subject to the condition that a certificate by a structural engineer certifying that the wall has been constructed in accordance with the specifications for the design certified by a structural engineer must be provided to the principal certifying authority. 27 Additional conditions—bulk liquid storage tanks (1) Development that consists of bulk liquid storage tanks referred to in section 11 is subject to the following conditions— (a) an emergency plan that is developed in accordance with the Hazardous Industry Planning Advisory Paper No 1, Emergency Planning , dated January 2011 and published by the Department on its website, must be prepared and implemented in relation to the development, (b) a safety management system that is developed in accordance with the Hazardous Industry Planning Advisory Paper No 9, Safety Management , dated January 2011 and published by the Department on its website, must be prepared and implemented in relation to the development, (c) the commissioning and operation of the tanks must comply with the relevant recommendations of the studies prepared under section 11, (d) a certificate issued by a person approved by the Planning Secretary must be provided to the principal certifying authority stating that the commissioning of the tanks complies with the studies, (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 tanks, and (ii) otherwise—at least once every 3 years, (f) the operation of the tanks must comply with the relevant recommendations of a hazard audit. (2) The hazard audit must comply with the Hazardous Industry Planning Advisory Paper No 5, Hazard Audit Guidelines , dated January 2011 and published by the Department on its website and include an implementation schedule for recommendations. (3) The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (a) the item has been installed in accordance with the specifications for the design certified by a qualified engineer, and (b) the item is structurally adequate. 28 Additional condition—bulk liquid storage tanks (change of stored liquid) Development that consists of a change in the kind of liquid stored in a bulk liquid storage tank is subject to the condition that, if any building work has been carried out, the principal certifying authority must be satisfied that the tank is structurally adequate for the liquid that is intended to be stored in the tank on completion of the building work. 29 Additional conditions—bulk liquid storage tanks (modifications to pipelines and flow rates) Development that consists of modifications referred to in section 13(1)(a) or (b), or the installation of a new pipeline or dispensing facility referred to in section 13(1)(c), is subject to the following conditions— (a) a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (i) the item has been modified or installed in accordance with the specifications for the design certified by a qualified engineer, and (ii) the item is structurally adequate, (b) the commissioning and operation of the tank, as modified or after the installation of the new pipeline or dispensing facility or after the modification of an existing pipeline or dispensing facility, must comply with the applicable recommendations of the studies referred to in section 13(2). 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. 30 Additional condition—port facilities (change of use—change of building classification or increased fire hazard level) Development that involves a change of use referred to in section 18 is subject to the condition that, if the new use involves a structure that is not within a classification of building under the Building Code of Australia , the principal certifying authority must be satisfied that fire safety measures appropriate to the level of fire hazard have been provided on completion of any building work. 31 Additional condition—development on land containing containment cell (1) This section applies to development on land containing a containment cell if the development is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell. (2) The development is subject to the condition that an environmental management plan that provides for the following matters is prepared and approved by a site auditor before the development is commenced— (a) the management of the construction process relating to any breach of or damage to the containment cell, including how exposed contaminated material is to be dealt with, (b) the process for reinstating the cell before completion of the development. (3) The development is also subject to the condition that— (a) the environmental management plan (including the reinstatement of the containment cell) is complied with, and (b) the land on which the development is carried out must not be used for the purpose of the development unless a site audit report and statement are obtained from a site auditor on or before the completion of the development indicating that the site is suitable for its intended use. (4) In this section, site auditor , site audit report and site audit statement have the same meanings as they have in the Contaminated Land Management Act 1997 . 32 Development on land in Outer Harbour Area (1) This section applies to land identified as “Outer Harbour Area” on the Outer Harbour Map . (2) Complying development carried out on land to which this section applies must be consistent with the terms of a concept plan approved by the Minister for a project on that land. 33 (Renumbered as section 19AA) sch 11: Am 2022 (373), Sch 1[4] [45] [49] [52]–[66]; 2023 (523), Sch 2.8[14]
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Later · as at December 12th, 2025
Schedule 11
Schedule 11 Complying development—Chapter 5
Complying development—Chapter 5
sch 11, hdg: Am 2022 (248), Sch 1[11]. Part 1 Complying Development Division 1 New port facility or wharf or boating facility buildings or alterations or additions to such buildings Subdivision 1 Development specified 1 New port facility or wharf or boating facility buildings or alterations or additions to such buildings (1) Erection and use of a new building for the purposes of port facilities or wharf or boating facilities, if the land on which the development is carried out is subject to a contamination statement. (2) An external or internal alteration of, or addition to, an existing building that is used for the purposes of port facilities or wharf or boating facilities, if the land on which the development is carried out is subject to a contamination statement or the development does not involve any disturbance of soil. Note. Some buildings or structures for the purposes of port facilities are exempt development specified in Schedule 10. (3) This section does not apply to a new building erected or used for the purposes of 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 . (4) Despite subsection (3), this section applies to development for the purposes of buildings that are ancillary to bulk liquid storage tanks. (5) This section does not apply to the erection and use of a building of a kind that is not within a classification of building under the Building Code of Australia . (6) In this section— certified contaminated land consultant means a person who holds either or both of the following certifications— (a) a Certified Professional Soil Scientist Contaminated Site Assessment and Management certification from Soil Science Australia, (b) a Certified Environmental Practitioner—Site Contamination certification from the Environment Institute of Australia and New Zealand. contamination statement means a statement— (a) prepared or endorsed by a certified contaminated land consultant, after considering applicable guidelines made under the Contaminated Land Management Act 1997 , section 105, and (b) stating the land is suitable for the intended purpose of the development. Subdivision 2 Development standards 2 Application of development standards This Subdivision sets out the development standards that apply to development specified in Subdivision 1. 3 General standards The development must not be inconsistent with, or contravene, any condition of an existing development consent or an approval for a transitional Part 3A project that is an approved project that applies to the land on which the development is to be carried out. This section does not apply to any provision or condition of an existing development consent that limits development on the land to the use permitted by that consent. 4 Building heights The height of a new building, or building as altered or added to, must not exceed the maximum height specified on the Height of Buildings Map . Note. All the land shown on the Height of Buildings Map is at Port Botany. 5 Gross floor area (1) The gross floor area of a new building must not exceed 30,000m 2 . (2) The gross floor area of any building, including any addition to the existing building, must not exceed 30,000m 2 . 6 Visual amenity Air conditioning units and mechanical plant must be screened or positioned so as to minimise visibility from frontages to main roads within Port Botany, Port Kembla and the Port of Newcastle (other than private roads). 7 Materials, finishes and colour Glazing must have a reflectivity coefficient of less than 20%. 8 Earthworks (1) Excavation works (other than excavation associated with piling) for the purposes of the development must not be more than 5m below ground level (existing) and the excavation must be structurally supported in accordance with subsection (2). (2) The structural support must take the form of a structural retaining system that— (a) has been designed by a qualified engineer, and (b) has a drainage system, and (c) does not redirect the flow of surface water onto adjoining property, and (d) is not higher than 5m, and (e) in the case of works other than works required for an extension to an existing building, is separated from any other structural retaining system on the site by at least 2m measured horizontally. 9 Lighting All new external lighting must— (a) comply with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (b) comply with sections 9.1.3 (Lighting in the Vicinity of an Aerodrome) and 9.21 (Lighting in the Vicinity of Aerodromes) of the Manual of Standards Part 139—Aerodromes made under the Civil Aviation Safety Regulations 1998 of the Commonwealth, and (c) if constructed or installed on land at Port Botany—be mounted, screened and directed in such manner that it does not create a nuisance or light spill onto land outside the Lease Area or into Penrhyn Estuary or its flushing channel, or shine into the Estuary. Division 2 Other development 10 Awnings or canopies (1) The construction or installation of an awning or canopy. (2) The development must not— (a) result in an increase to the gross floor area of the building, or (b) reduce the existing level of access to the building by people with a disability. (3) The development must be— (a) (b) not more than 3m in depth measured horizontally from the facade of the building, and (c) no closer than 450mm to the edge of any kerb or alignment of a path or road on which vehicles travel. (4) The awning or canopy must be certified by a qualified engineer as having a satisfactory design. 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. 11 Bulk liquid storage tanks (1) The construction and installation of bulk liquid storage tanks, including bunding, pipes and other associated infrastructure, on land in Port Botany,Port Kembla Bulk Liquid Storage Tank Area and the Mayfield Bulk Liquid Storage Tanks Area. (2) The development must— (a) not be, and not result in, a workplace that constitutes a major hazard facility, and (b) have an estimated development cost of $30 million or less, and (c) 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 (d) for development on land in Port Botany—comply with— (i) AS/NZS 1596:2014 , The storage and handling of LP Gas , and (ii) AS 3961:2017 , The storage and handling of liquefied natural gas . (3) The tanks must be used to store— (a) for development on land in Port Botany and Port Kembla Bulk Liquid Storage Tank Area— (i) combustible liquids, or (ii) dangerous goods classified as class 3, 8 or 9 under the Australian Dangerous Goods Code , Part 2, or (iii) liquefied petroleum gas, or (iv) liquefied natural gas, or (b) for development on land in the Mayfield Bulk Liquid Storage Tanks Area—diesel fuel or dangerous goods classified as class 3 under the Australian Dangerous Goods Code , Part 2 in a way and volume assessed for the substance under the Newcastle LUSS. (4) The height of the tanks must not exceed 32.5m above ground level (existing). (5) The tanks must be certified by a qualified engineer as having a satisfactory design and structural integrity. (6) 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 for the most hazardous substance proposed to be stored in the tanks, 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) if constructed or installed on land at Port Botany—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, and (c) if constructed or installed on land in the Mayfield Bulk Liquid Storage Tanks Area—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, and (d) if constructed or installed on land in the Port Kembla Bulk Liquid Storage Tank Area—the development will not cause— (i) an increase in the cumulative individual risk shown in the Port Kembla LUSS, Figure 4, or (ii) societal risk to exceed the ALARP band shown in the Port Kembla LUSS, Figure 8. (7) 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. (8) 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. (9) The development must comply with the recommendations, if any, made by the studies prepared under this section in relation to the development. Note— Approvals for cranes and other structures may need to be obtained under the Airports Act 1996 of the Commonwealth. 12 Bulk liquid storage tanks—change of stored liquid at Port Botany and Port Kembla Bulk Liquid Storage Tanks Area (1) Change in kind of liquid stored in a bulk liquid storage tank on land in Port Botany and Port Kembla Bulk Liquid Storage Tanks Area if the previous liquid stored or the new liquid consist of— (a) a combustible liquid, or (b) dangerous goods of class 3, 8 or 9 under the Australian Dangerous Goods Code , Part 2, excluding dangerous goods of Class 3 Subsidiary Hazard 6.1as identified in Table 3.2.3 of the Code. (2) 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, (c) for development on land within the Port Kembla Bulk Liquid Storage Tank Area—the development will not cause— (i) an increase in the cumulative individual risk shown in the Port Kembla LUSS, Figure 4, and (ii) societal risk to exceed the ALARP band shown in the Port Kembla LUSS, Figure 8. (3) A hazard analysis is not required to be prepared under subsection (2) if— (a) a hazard analysis that complies with subsection (2) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank, and (b) the change is not to or from a liquid consisting of dangerous goods of class 8 or 9 under the Australian Dangerous Goods Code , Part 2. (4) 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. (5) The development must comply with— (a) AS 1940:2017 , The storage and handling of flammable and combustible liquids , and (b) AS 3846—2005 , The handling and transport of dangerous cargoes in port areas , and (c) the recommendations, if any, made by the studies prepared under this section in relation to the development. 12A Bulk liquid storage tanks—change of stored liquid in Mayfield Bulk Liquid Storage Tanks Area (1) Change in kind of liquid stored in a bulk liquid storage tank on land in the Mayfield Bulk Liquid Storage Tanks Area if the previous liquid stored or the new liquid consist of— (a) diesel fuel, or (b) dangerous goods of class 3 under the Australian Dangerous Goods Code , Part 2, excluding dangerous goods of Class 3 Subsidiary Hazard 6.1as identified in Table 3.2.3 of the Code. (2) The new liquid must be stored in a way and volume assessed for the substance under the Newcastle LUSS. (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) A hazard analysis is not required to be prepared under subsection (3) if a hazard analysis that complies with subsection (3) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank. (5) 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. (6) The development must comply with— (a) AS 1940:2017 , The storage and handling of flammable and combustible liquids , and (b) AS 3846—2005 , The handling and transport of dangerous cargoes in port areas , and (c) the recommendations, if any, made by the studies prepared under this section in relation to the development. 13 Bulk liquid storage tanks—modifications to pipelines and flow rates (1) For a bulk liquid storage tank used to store dangerous goods of class 2, including liquefied petroleum gas or liquefied natural gas, 3, 5, 6, 8 or 9 under the Australian Dangerous Goods Code , Part 2— (a) modifications to enlarge an existing pipeline for loading to the bulk liquid storage tank, or (b) modifications to increase the flow rate of a pipeline for loading or unloading to or from the bulk liquid storage tank, or (c) installation of a new pipeline or dispensing facilities for loading to the bulk liquid storage tank. (2) 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) for development on land in the Mayfield Bulk Liquid Storage Tanks Area—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, and (c) for development on land at Port Botany—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, and (d) for development on land in the Port Kembla Bulk Liquid Storage Tank Area—the development will not cause— (i) an increase in the cumulative individual risk as shown in the Port Kembla LUSS, Figure 4, to extend beyond the Lease Area, and (ii) societal risk to exceed the ALARP band shown in the Port Kembla LUSS, Figure 8. (3) A hazard analysis is not required to be prepared under subsection (2) if a hazard analysis that complies with subsection (2) has been prepared for the storage of a liquid that has the same or a higher level of hazard than the liquid proposed to be stored in the tank. (4) 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 if the tank is used to store the following liquids— (a) liquids of dangerous goods class 2, including liquefied petroleum gas or liquefied natural gas, 3 or 5 under the Australian Dangerous Goods Code , Part 2, (b) high temperature liquids of dangerous goods class 9 under the Australian Dangerous Goods Code , Part 2. (5) 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. (6) The development must comply with the recommendations, if any, made by the studies in relation to the development. 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. 14 Cranes (1) The installation of a new rail mounted crane, crane rails for a rail mounted crane or a fixed crane or the replacement of an existing rail mounted crane, crane rails for a rail mounted crane or a fixed crane. (2) The crane, crane rails for a rail mounted crane or a fixed crane must be certified by a qualified engineer as having a satisfactory design. Note. Approvals for cranes and other structures may need to be obtained under the Airports Act 1996 of the Commonwealth. 15 Demolition of certain structures (1) The demolition of any of the following— (a) one or more liquefied petroleum gas storage tanks having a total capacity of more than 3 tonnes of gas, (b) bulk liquid storage tanks that have been used to store dangerous goods, (c) pipelines that have been used to carry dangerous goods. (2) The demolition must comply with AS 2601—2001, The demolition of structures . Note. Demolition work must also be carried out in accordance with the Work Health and Safety Regulation 2017 . 15A Dry bulk storage silos (1) The construction or installation of a dry bulk storage silo that is not to be used for the storage of dangerous goods. (2) The dry bulk storage silo must be certified by a qualified engineer as having a satisfactory design and structural integrity. 16 Emergency services equipment (1) The construction or installation, including upgrading and replacing, of emergency services equipment (including fire systems, pumphouses, fire water tanks and other essential fire safety facilities). (2) The development must not— (a) reduce the level of fire safety of a building, or (b) detrimentally affect the structural integrity of a building, or (c) alter or extend an existing fire sprinkler system of a building that is unsuitable for the level of fire hazard arising from the use of the building unless the alteration or extension is for the purpose of or includes upgrading the fire sprinkler system so that it is suitable for that level of fire hazard. 17 Food and drink premises (1) Food and drink premises. (2) The food and drink premises must— (a) not have a gross floor area of more than 300m 2 , and (b) have food preparation areas that comply with AS 4674–2004 , Design, construction and fit-out of food premises . 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) 18 Port facilities—change of use (change of building classification or increased fire hazard level) (1) Port facilities, if the development involves a change of use from a lawful use for the purposes of port facilities to another kind of use for the purposes of port facilities and the land on which the development is carried out is the subject of a contamination statement. (2) The new use must not be inconsistent with, or contravene, an existing development consent applicable to the land. This subsection does not apply to any provision or condition of an existing development consent that limits development on the land to the use permitted by that consent. (3) The land on which the development is carried out must be suitable for the new use. (4) If the new use results in an increase in the level of fire hazard arising from the use of a building, appropriate fire safety measures for that increased level of fire hazard must be provided. (5) In this section— certified contaminated land consultant means a person who holds either or both of the following certifications— (a) a Certified Professional Soil Scientist Contaminated Site Assessment and Management certification from Soil Science Australia, (b) a Certified Environmental Practitioner—Site Contamination certification from the Environment Institute of Australia and New Zealand. contamination statement means a statement— (a) prepared or endorsed by a certified contaminated land consultant, after considering applicable guidelines made under the Contaminated Land Management Act 1997 , section 105, and (b) stating the land is suitable for the intended purpose of the development. Note. A change of use that does not result in a change of building classification or an increase in the fire hazard level of the building is exempt development under Chapter 5. 18A Ship loaders, unloaders and cargo handling facilities (1) The construction or installation of a new ship loader or unloader, or associated cargo handling facilities. (2) The ship loader, unloader or cargo handling facility must be certified by a qualified engineer as having a satisfactory design and structural integrity. 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. 19 Retaining walls (1) The construction of a retaining wall having a height of not more than 6m above ground level (existing). (2) The design of the wall must— (a) if it has a height of more than 1m, be certified by a structural engineer as having a satisfactory design and structure, and (b) comply with— (i) AS 3700—2011 , Masonry structures and AS 3700 Supp 1—2012 , Masonry structures—Commentary (Supplement to AS 3700—2011) , and (ii) AS/NZS 1170.1:2002 , Structural design actions Part 1: Permanent, imposed and other actions and AS/NZS 1170.1 Supp 1:2002 , Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002) , and (iii) if the structure is made of timber, AS 1720.1—2010 , Timber structures Part 1: Design methods . 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 . Part 2 Complying development certificate conditions Note. Complying development must comply with the requirements of the Act, the regulations under the Act and Chapter 5. 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 . 20 General conditions Any development specified in Part 1 is subject to the same conditions set out in Schedule 8 to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , other than the following— (a) clauses 3, 6, 7, 11 and 15, (b) Part 4. 21 Further general conditions (1) Any development specified in Part 1 is subject to the following conditions— (a) construction may be carried out only between 7.00am and 5.00pm Monday to Saturday, unless construction cannot be heard at the nearest residence, (b) to control dust emissions from the site, suitable measures must be taken to suppress dust or mitigate the effect of dust emissions prior to any demolition, excavation or building work, (c) any earthworks, including any structural retaining system or other related structure for the purposes of the development must comply with the following— (i) must not cause a danger to life or property or damage to any adjoining buildings or structures on the land comprising the lot on which the earthworks are carried out or to any building or structure on land comprising an adjoining lot, (ii) must not redirect the flow of any surface or ground water, or cause sediment to be transported, onto an adjoining property, (iia) any excavated material must be classified in accordance with the Waste Classification Guidelines, Part 1: Classifying waste , published by the NSW Environment Protection Authority in November 2014, Note— The Waste Classification Guidelines are available on the Environment Protection Authority’s website. (iii) any excavated soil found to be contaminated as classified under guidelines made under the Contaminated Land Management Act 1997 must be removed from the site in accordance with any requirements of the Protection of the Environment Operations Act 1997 , or appropriately remediated or managed on site, (iv) for fill brought to the site—must use fill containing only virgin excavated natural material or fill re-used in accordance with an excavated natural material exemption under the Protection of the Environment Operations (Waste) Regulation 2014 , Part 9. (2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice ( ISBN 978-0-642-785442 ) , published in July 2012 by Safe Work Australia. 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. 22 Additional condition—awnings and canopies Development that consists of the construction or installation of an awning or canopy is subject to the condition that a certificate by a qualified engineer certifying that the awning or canopy has been constructed or installed in accordance with the specifications for the design certified by a qualified engineer must be provided to the principal certifying authority. 23 Additional conditions—bridges, cranes, ship loaders, unloaders and bridges, conveyor systems, cranes, dry bulk storage silos, road and rail terminal facilities, ship loaders and unloaders, stacker-reclaimers, stackers, reclaimers, wharves and berthing infrastructure (1) This section applies to development that consists of the construction or installation of any of the following items— (a) a bridge used for a purpose other than a road, (b) a rail-mounted crane, crane rails for a rail mounted crane or a fixed crane, (c) a ship loader, unloader, or cargo handling facilities, (d) a dry bulk storage silo, (e) road and rail terminal facilities, (f) a stacker-reclaimer, stacker or reclaimer, (g) wharves and berthing infrastructure, (h) a conveyor system. (2) The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (a) the item has been installed in accordance with the specifications for the design certified by a qualified engineer, and (b) the item is structurally adequate. 24 Additional condition—demolition of certain tanks and pipelines Development that consists of the demolition of structures referred to in section 15 is subject to the condition that the demolition is carried out in accordance with a demolition plan prepared by a person authorised to carry out such demolitions under the Work Health and Safety Regulation 2017 . 25 Additional condition—emergency facilities Fire watch measures must be implemented during any period when development that consists of work on existing alarm signalling equipment results in a loss of a monitoring service. 26 Additional condition—retaining walls over 1m Development that consists of a retaining wall having a height of more than 1m is subject to the condition that a certificate by a structural engineer certifying that the wall has been constructed in accordance with the specifications for the design certified by a structural engineer must be provided to the principal certifying authority. 27 Additional conditions—bulk liquid storage tanks (1) Development that consists of bulk liquid storage tanks referred to in section 11 is subject to the following conditions— (a) an emergency plan that is developed in accordance with the Hazardous Industry Planning Advisory Paper No 1, Emergency Planning , dated January 2011 and published by the Department on its website, must be prepared and implemented in relation to the development, (b) a safety management system that is developed in accordance with the Hazardous Industry Planning Advisory Paper No 9, Safety Management , dated January 2011 and published by the Department on its website, must be prepared and implemented in relation to the development, (c) the commissioning and operation of the tanks must comply with the relevant recommendations of the studies prepared under section 11, (d) a certificate issued by a person approved by the Planning Secretary must be provided to the principal certifying authority stating that the commissioning of the tanks complies with the studies, (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 tanks, and (ii) otherwise—at least once every 3 years, (f) the operation of the tanks must comply with the relevant recommendations of a hazard audit. (2) The hazard audit must comply with the Hazardous Industry Planning Advisory Paper No 5, Hazard Audit Guidelines , dated January 2011 and published by the Department on its website and include an implementation schedule for recommendations. (3) The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (a) the item has been installed in accordance with the specifications for the design certified by a qualified engineer, and (b) the item is structurally adequate. 28 Additional condition—bulk liquid storage tanks (change of stored liquid) Development that consists of a change in the kind of liquid stored in a bulk liquid storage tank is subject to the condition that, if any building work has been carried out, the principal certifying authority must be satisfied that the tank is structurally adequate for the liquid that is intended to be stored in the tank on completion of the building work. 29 Additional conditions—bulk liquid storage tanks (modifications to pipelines and flow rates) Development that consists of modifications referred to in section 13(1)(a) or (b), or the installation of a new pipeline or dispensing facility referred to in section 13(1)(c), is subject to the following conditions— (a) a certificate by a qualified engineer must be provided to the principal certifying authority, before the principal certifying authority carries out the final inspection, certifying that— (i) the item has been modified or installed in accordance with the specifications for the design certified by a qualified engineer, and (ii) the item is structurally adequate, (b) the commissioning and operation of the tank, as modified or after the installation of the new pipeline or dispensing facility or after the modification of an existing pipeline or dispensing facility, must comply with the applicable recommendations of the studies referred to in section 13(2). 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. 30 Additional condition—port facilities (change of use—change of building classification or increased fire hazard level) Development that involves a change of use referred to in section 18 is subject to the condition that, if the new use involves a structure that is not within a classification of building under the Building Code of Australia , the principal certifying authority must be satisfied that fire safety measures appropriate to the level of fire hazard have been provided on completion of any building work. 31 Additional condition—development on land containing containment cell (1) This section applies to development on land containing a containment cell if the development is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell. (2) The development is subject to the condition that an environmental management plan that provides for the following matters is prepared and approved by a site auditor before the development is commenced— (a) the management of the construction process relating to any breach of or damage to the containment cell, including how exposed contaminated material is to be dealt with, (b) the process for reinstating the cell before completion of the development. (3) The development is also subject to the condition that— (a) the environmental management plan (including the reinstatement of the containment cell) is complied with, and (b) the land on which the development is carried out must not be used for the purpose of the development unless a site audit report and statement are obtained from a site auditor on or before the completion of the development indicating that the site is suitable for its intended use. (4) In this section, site auditor , site audit report and site audit statement have the same meanings as they have in the Contaminated Land Management Act 1997 . 32 Development on land in Outer Harbour Area (1) This section applies to land identified as “Outer Harbour Area” on the Outer Harbour Map . (2) Complying development carried out on land to which this section applies must be consistent with the terms of a concept plan approved by the Minister for a project on that land. 33 (Renumbered as section 19AA) sch 11: Am 2022 (373), Sch 1[4] [45] [49] [52]–[66]; 2023 (523), Sch 2.8[14]; 2025 (692), Sch 1[145]–[154].