State Environmental Planning Policy (Transport and Infrastructure) 2021

Does not include amendments by— Transport Legislation Amendment Act 2025 No 66 , Sch 4.7 (not commenced) State Environmental Planning Policy Amendment (Concurrences and Consultations) 2026 (286) (not commenced — to commence on 1.7.2026)

Definitions In this Policy— Division 5.1 assessment guidelines for environmental factors means the Guidelines for Division 5.1 assessments—Consideration of environmental factors for health services facilities and schools published by the Department in October 2024. residential zone means the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential, (e) Zone R5 Large Lot Residential. SCPP—new health services facilities and schools means the Stakeholder and Community Participation Plan for New Health Services Facilities and Schools published by the Department in October 2024. temporary housing has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 14. the Act means the Environmental Planning and Assessment Act 1979 . Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy. s 1.3: Am 2024 (585), Sch 1[1]; 2025 (291), Sch 3[1]; 2025 (692), Sch 1[1].

Interpretation—references to land use zones A reference in this chapter to a lot or to land in a named land use zone is a reference— (a) to land that, under an environmental planning instrument made as provided by the Act, section 3.20(2), is in a land use zone specified in the Standard Instrument, and (b) to land that, under an environmental planning instrument that is not made as provided by the Act, section 3.20(2), is in a land use zone in which equivalent land uses are permitted to those permitted in the named land use zone. s 2.4: Am 2022 (517), Sch 1[1]. Subst 2025 (692), Sch 1[2].

Relationship to other environmental planning instruments s 2.7: Am 2024 (654), Sch 1[2]–[7]; 2025 (692), Sch 1[3] [4].

(2) Except as provided by subsections (2A), (3) and (4), if there is an inconsistency between a provision of this Chapter and any of the following provisions of another environmental planning instrument, the provision of the other instrument prevails to the extent of the inconsistency— (a) State Environmental Planning Policy (Resilience and Hazards) 2021 , sections 2.7, 2.8 and 2.16, (b) State Environmental Planning Policy (Precincts—Central River City) 2021 , Chapter 2, (c) State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021 , Chapter 2, (d) State Environmental Planning Policy (Precincts—Regional) 2021 , Chapter 2, (d1) State Environmental Planning Policy (Precincts—Regional) 2021 , Chapter 4, except in relation to development carried out by or on behalf of an electricity supply authority, public authority or carrier, (e) State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 2.

Site compatibility certificates s 2.19: Am 2022 (517), Sch 1[1]; 2025 (692), Sch 1[5] [6].

(2) An application under this section— (a) must be in writing in the form approved by the Planning Secretary, and (b) must be accompanied by— (i) information demonstrating that the proposal is not inconsistent with the relevant district strategic plan made under the Act, Division 3.1 ( district plan ), and (ii) any other document or information required by the Planning Secretary, and (c) must be accompanied by such fee, if any, as is prescribed by the regulations.

(6) The Planning Secretary must not issue a certificate unless the Planning Secretary— (a) has taken into account any comments received from the council within 21 days after the application for the certificate was made, and (b) is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters— (i) the existing uses and approved uses of land in the vicinity of the development, (ii) the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of that land, (iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and (c) is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land, and (d) is of the opinion that the development concerned is consistent with the district plan.

General requirements for exempt development s 2.20: Am 2024 (609), Sch 2[1]; 2025 (692), Sch 1[7] [8].

(2) To be exempt development, the development— (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , or if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building— (i) cause the building to contravene the Building Code of Australia , or (ii) compromise the fire safety of the building or affect access to any fire exit, and (c) must be carried out in accordance with all relevant requirements of the Blue Book, and (d) must not be designated development, and Note. Designated development is defined in section 4.10 of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations. (e) if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the heritage significance of the item or area, and (f) must not involve the demolition of a building or work that is, or is part of, a State or local heritage item, unless the development is development to which the Heritage Act 1977 , section 57(1A), (2) or (3) applies, and (g) if it involves the demolition of a building, must be carried out in accordance with Australian Standard AS 2601—2001 , The demolition of structures , and (h) must be installed in accordance with the manufacturer’s specifications, if applicable, and (i) must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003 . (j) must not involve the removal of asbestos, unless that removal is undertaken in accordance with Code of practice: How to safely remove asbestos published by SafeWork NSW in December 2022, and (k) if it is in a wilderness area within the meaning of the Wilderness Act 1987 —must be limited to emergency works, routine maintenance works or environmental management works.

General requirements for complying development s 2.22: Am 2024 (609), Sch 2[1]; 2025 (692), Sch 1[9].

(2) To be complying development, the development must— (a) not be exempt development under this Chapter, and (b) be permissible, with consent, under an environmental planning instrument applying to the land on which the development is carried out, and (c) meet the relevant provisions of the Building Code of Australia , and (d) must be carried out in accordance with the relevant provisions of the Blue Book, and (e) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993 — (i) for each opening of a public road required by the development, and (ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and (f) if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961 , have the prior approval of the Mine Subsidence Board, and Note. Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 10.7(2) of the Act. (g) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent, and Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003 . (h) not be carried out within 1m of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and (i) not involve the removal of asbestos, unless that removal is undertaken in accordance with Code of practice: How to safely remove asbestos published by SafeWork NSW in December 2022.

Justice and social support facilities pt 2.3, div 2, hdg: Subst 2025 (692), Sch 1[10]. 2.26 Definitions In this Division— community corrections office means a building or place that is— (a) owned or controlled by a public authority, and (b) used for the management and supervision of persons subject to community-based orders within the meaning of the Crimes (Administration of Sentences) Act 1999 , section 236P. correctional centre means— (a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999 , including any juvenile correctional centre declared under section 225A of that Act, and (b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987 , but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act. correctional complex means any premises declared to be a correctional complex by a proclamation in force under section 224 of the Crimes (Administration of Sentences) Act 1999 . justice and social support facility means the following— (a) community corrections offices, (b) correctional centres, (c) correctional complexes, (d) courthouses, (e) disability homes, (f) group homes, (g) social housing, (h) social service delivery facilities, (i) transitional centres within the meaning of Crimes (Administration of Sentences) Act 1999 , (j) youth justice facilities. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) RU2 Rural Landscape, (b) RU4 Primary Production Small Lots, (c) RU6 Transition, (c1) MU1 Mixed Use, (d) B4 Mixed Use, (e) SP1 Special Activities, (f) SP2 Infrastructure. social service delivery facility means a building or place that is— (a) owned or controlled by a public authority, and (b) used for the delivery of the following services— (i) child protection services, (ii) community health services, (iii) disability support, (iv) homelessness and domestic violence support, (v) housing. s 2.26: Am 2022 (727), Sch 1[4]; 2025 (692), Sch 1[11]. 2.27 Development permitted with consent (1) Development for the purpose of correctional centres may be carried out by or on behalf of a public authority with consent on land in a prescribed zone or within the boundaries of an existing correctional complex. (2) A reference in this section to development for the purpose of correctional centres includes a reference to development for any of the following purposes if the development is associated with a correctional centre— (a) accommodation for staff, (b) administration buildings, (c) car parks for visitors and staff, (d) educational establishments, (e) group homes, (f) health services facilities, (g) industries, (h) recreational facilities. 2.28 Development permitted without consent (1) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional centre— (a) replacement of buildings, (b) alterations of, or additions to, a correctional centre, (c) demolition of buildings. (2) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing correctional complex— (a) transitional group homes that each contain not more than 5 bedrooms and accommodate fewer residents than the number equal to the number calculated by multiplying the number of bedrooms in the home by 2, (b) sporting facilities or additions to sporting facilities, if the development does not involve clearing of more than 2 hectares of native vegetation, (c) demolition of buildings, (d) replacement of accommodation, administration or other facilities in a correctional complex, (e) alterations of, or additions to, a building within a correctional complex, (f) construction or realignment of security fencing with a height of not more than 12 metres above ground level (existing), (g) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, if any such facility does not exceed 1 storey and is setback at least 5 metres from any boundary with a residential zone and at least 1 metre from any other zone boundary. (3) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land identified on the Correctional Centres Map — (a) correctional centres, if the land is identified as “Centre” on the Correctional Centres Map , (b) ancillary facilities, such as car parks, storage buildings, facilities used for the purpose of educating prisoners, administration buildings, utilities and gate houses, provided any such facility is erected within the boundaries of a correctional complex. (4) In this section, Correctional Centres Map means the State Environmental Planning Policy (Infrastructure) 2007 Correctional Centres Map . 2.29 Exempt development (1) Development for any of the following purposes is exempt development if it complies with section 2.20 and is carried out by or on behalf of a public authority within the boundaries of an existing correctional centre— (a) demolition of buildings, if the footprint of the building covers an area no greater than 250 square metres, (b) at grade car parks, (c) outdoor recreational facilities, including playing fields and associated earthworks, (d) environmental management works, (e) landscaping, including landscape structures or features and irrigation systems (whether or not they use recycled water), (f) emergency or maintenance works in relation to security fences. (2) Development for any of the following purposes is exempt development if it complies with section 2.20 and is carried out by or on behalf of a public authority within the boundaries of an existing justice and social support facility— (a) emergency works to protect the justice and social support facility, the environment or the public, (b) the removal and replacement, or pruning of, a tree if— (i) the tree has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety, or a risk of damage to infrastructure, and (ii) for removal and replacement of a tree—the replacement tree is planted within the boundaries of the justice and social support facility and is capable of achieving a mature height of at least 3m. (3) In this section— Level 5 qualified arborist means an arborist with a minimum AQF Level 5 in Arboriculture under the Australian Qualifications Framework, within the meaning of the Higher Education Act 2001 , section 7. s 2.29: Am 2025 (692), Sch 1[12]. 2.30 Complying development (1) Development carried out by or on behalf of a public authority on land within the boundaries of an existing correctional centre is complying development if— (a) the development consists of the replacement of, construction of, or alterations or additions to accommodation, administration or other facilities, and (b) the development complies with this section and section 2.22 (General requirements for complying development). (2) The following are the development standards for complying development under this section— (a) Building height standard. The building height of a building must not exceed 12 metres. (b) Side and rear setback standard. A building must be located at least 5 metres from any side or rear boundary of the land.

Definitions In this Division— community corrections office means a building or place that is— (a) owned or controlled by a public authority, and (b) used for the management and supervision of persons subject to community-based orders within the meaning of the Crimes (Administration of Sentences) Act 1999 , section 236P. correctional centre means— (a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999 , including any juvenile correctional centre declared under section 225A of that Act, and (b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987 , but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act. correctional complex means any premises declared to be a correctional complex by a proclamation in force under section 224 of the Crimes (Administration of Sentences) Act 1999 . justice and social support facility means the following— (a) community corrections offices, (b) correctional centres, (c) correctional complexes, (d) courthouses, (e) disability homes, (f) group homes, (g) social housing, (h) social service delivery facilities, (i) transitional centres within the meaning of Crimes (Administration of Sentences) Act 1999 , (j) youth justice facilities. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) RU2 Rural Landscape, (b) RU4 Primary Production Small Lots, (c) RU6 Transition, (c1) MU1 Mixed Use, (d) B4 Mixed Use, (e) SP1 Special Activities, (f) SP2 Infrastructure. social service delivery facility means a building or place that is— (a) owned or controlled by a public authority, and (b) used for the delivery of the following services— (i) child protection services, (ii) community health services, (iii) disability support, (iv) homelessness and domestic violence support, (v) housing. s 2.26: Am 2022 (727), Sch 1[4]; 2025 (692), Sch 1[11].

Exempt development s 2.29: Am 2025 (692), Sch 1[12].

Definitions In this Division— electricity generating works means a building or place used for the following purposes, but does not include a solar energy system— (a) making or generating electricity, (b) electricity storage. prescribed non-residential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) RU1 Primary Production, (b) RU2 Rural Landscape, (c) RU3 Forestry, (d) RU4 Primary Production Small Lots, (e) E4 General Industrial, (f) E5 Heavy Industrial, (g) IN1 General Industrial, (h) IN2 Light Industrial, (i) IN3 Heavy Industrial, (j) IN4 Working Waterfront, (k) SP1 Special Activities, (l) SP2 Infrastructure, (m) W4 Working Waterfront. prescribed residential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential, (e) Zone R5 Large Lot Residential, (f) Zone RU5 Village. prescribed rural zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone RU3 Forestry, (d) Zone RU4 Primary Production Small Lots. small wind turbine means a wind turbine that has a generating capacity of no more than 100kW. small wind turbine system means a system comprising one or more small wind turbines each of which feed into the same grid or battery bank. solar battery system means a battery system designed only for the purposes of the storage of photovoltaic solar energy generated from a solar energy system. solar energy system means any of the following systems— (a) a photovoltaic electricity generating system used for the primary purpose of generating electricity for a land use— (i) carried out on the land on which the system is located, or (ii) carried out by the owner of the system on adjoining land, (b) a solar hot water system, (c) a solar air heating system. waste or resource management facility has the same meaning as in the Standard Instrument. s 2.35: Am 2022 (132), Sch 1[1]–[3]; 2022 (727), Sch 1[7]; 2025 (692), Sch 1[13].

Complying development s 2.39: Am 2022 (727), Sch 1[8]; 2025 (692), Sch 1[14]–[16].

Solar energy systems Development for the purpose of a solar energy system is complying development on any land if— (a) the development complies with section 2.22, and (b) the land is not in a heritage conservation area, and (c) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by Solar Accreditation Australia, ABN 51 666 008 368, for the installation of photovoltaic electricity generating systems, and (d) in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and (e) in the case of a system that is ground-mounted— (i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m 2 , and (ii) the system has a height of not more than 10m above ground level (existing), and (iii) the system is installed no less than 10m from any adjoining property boundary, and (iv) if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and (v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and (f) in the case of a system that is not ground-mounted— (i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure. (ii) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and (iii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and (iv) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road— (A) the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and (B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and (v) the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.

Exempt development s 2.41: Am 2022 (132), Sch 1[4]–[6]; 2022 (727), Sch 1[8]; 2025 (692), Sch 1[17]–[21].

Solar energy systems Development for the purpose of a solar energy system is exempt development if— (a) it complies with section 2.20 (other than section 2.20(2)(f)), and (b) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by Solar Accreditation Australia, ABN 51 666 008 368, for the installation of photovoltaic electricity generating systems, and (c) in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and (d) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and (e) in the case of a system that is ground-mounted— (i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 150m 2 , and (ii) the system has a height of not more than 5m above ground level (existing), and (iii) the system is installed no less than 3m from any adjoining property boundary, and (iv) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and (v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and (f) in the case of a system that is not ground-mounted— (i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure. (ii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and (iii) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road— (A) the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and (B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and (iv) if the land contains a State or local heritage item or is in a heritage conservation area— (A) the system is not visible from a primary road at any point where the road adjoins the property boundary, and (B) the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and (v) the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.

(5) Development for the purposes of a solar battery system is exempt development if— (a) the installation of the system complies with section 2.20, and (b) the system complies with AS/NZS 5139:2019 Electrical installations—Safety of battery systems for use with energy conversion equipment , and (c) the battery is approved by the Clean Energy Council, and (d) the system is installed by a person accredited by Solar Accreditation Australia, ABN 51 666 008 368, for the installation of solar battery systems, and (e) the system is not capable of storing more than 20kWh of energy, and (f) the development does not result in the installation of more than 1 system, and (g) for land containing a heritage item or within a heritage conservation area—the system must be attached to the rear wall of an existing building.

Development permitted without consent—general s 2.44: Am 2024 (654), Sch 1[6] [9]; 2025 (692), Sch 1[22]–[24].

(1) Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is carried out on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement, or (d) is an electricity work to which section 53 of the Electricity Supply Act 1995 applies.

(2) In this section, a reference to development for the purpose of an electricity transmission or distribution network includes a reference to development for any of the following purposes if the development is in connection with such a network— (a) construction works (whether or not in a heritage conservation area), including— (i) laying and installation of cables and cable pits, co-location of cabling and erection of ventilation and access structures, bridges and tunnel adits, and construction of a tunnel or conduit for an underground cable, and (ii) alteration, demolition or relocation of a local heritage item, and (iii) alteration or relocation of a State heritage item, and (iv) installation of overhead wires and associated component parts, including support structures, and (v) construction of access tunnels or access tracks, (b) emergency works or routine maintenance works, Note. See section 2.7(4) regarding emergency works and routine maintenance works on land to which State Environmental Planning Policy (Resilience and Hazards) 2021 , sections 2.7 and 2.8 apply. (c) environmental management works, (d) establishment of a new substation or an increase in the area of existing substation yards or the installation of equipment, plant or structures in existing substation yards or substation buildings, (e) above or below ground co-location of telecommunications cabling and associated structures, (f) an electricity generating unit to provide temporary support to the network, but only if the unit will not operate for more than 500 hours in any 12 month period.

Notification of certain electricity substation development that may be carried out without consent s 2.45: Am 2025 (692), Sch 1[25].

(1) This section applies to development (other than exempt development) that— (a) is carried out by or on behalf of an electricity supply authority or public authority, and (b) is for the purpose of a new electricity substation or associated building, or an increase in the area of an existing electricity substation or associated substation yard, and (c) is not a project to which Part 3A of the Act applies or State significant infrastructure.

Exempt development s 2.46: Am 2025 (692), Sch 1[26]–[34].

(1) Development for any of the following purposes is exempt development if the development is in connection with an electricity transmission or distribution network and complies with section 2.20— (a) installation of cables in existing conduits if the installation involves no greater soil or vegetation disturbance than necessary, (a1) installation of new conduits, trenches or cables in an existing fenced area or in an existing building, (b) maintenance of electricity lines or of poles (or associated structures) for electricity lines, (c) any of the following if the primary purpose of the development is not to increase the capacity of the network— (i) replacement or re-alignment of electricity lines for conveying electricity at a voltage of 66kV or less, (ii) installation or upgrading of electricity lines for conveying electricity at a voltage of 66kV or less that are above or below ground service lines connecting premises to the network, (iii) replacement of poles with similar sized poles, or of associated support structures, for electricity lines for conveying electricity at a voltage of 132kV or less, (iv) re-alignment of poles, or of associated support structures, for electricity lines for conveying electricity at a voltage of 66kV or less, (d) installation, maintenance or replacement of the following— (i) existing plant or equipment in an existing fenced area or in an existing building not including outdoor installation of equipment designed to operate (or convey electricity) at a voltage of more than 66kV, (ii) street lighting if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard, (iii) electricity metering, (iv) electrical conductors, early fault detection sensor units or load break switches on existing structures if the primary purpose of the development is not to increase the capacity of the network, (e) maintenance of existing access tracks in easements or rights of way, or on land subject to section 53 of the Electricity Supply Act 1995 , if it is required to facilitate the maintenance of electricity lines, (f) maintenance or replacement of pole substations, if— (i) the primary purpose of the development is not to increase the capacity of the network, and (ii) in the case of replacement of materials, the replacement materials are similar to the materials being replaced, (g) demolition and removal of electricity works if— (i) the demolition is carried out in accordance with AS 2601—2001 , Demolition of structures , and (ii) the development is not associated with substations containing equipment designed to operate (or convey electricity) at a voltage of more than 200kV, and (iii) the development will not be carried out on sites where soil is likely to be contaminated within the meaning of the Contaminated Land Management Act 1997 , (g1) demolition and removal of electricity works undertaken within an existing fenced area or an existing building, (h) emergency works to maintain or restore a supply of electricity, (i) construction, maintenance or realignment of security fencing with a height of not more than 3.2m above ground level (existing), (j) vegetation management that is in accordance with a tree management plan established under clause 37 of the Electricity Supply (Safety and Network Management) Regulation 2014 , (k) vegetation management that is exempted under clauses 24 and 35(4) of Schedule 5A to the Local Land Services Act 2013 , (l) vegetation management that is carried out on category 1-exempt land (within the meaning of section 60D of the Local Land Services Act 2013 ), (m) environmental management works in an existing fenced area or in an existing building.

Definitions In this Division— bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997 . bush fire management plan has the same meaning as in the Rural Fires Act 1997 . designated fire trail has the same meaning as in the Rural Fires Act 1997 . emergency services facility means a building or place (including a helipad) used in connection with the provision of services by an emergency services organisation, including a police station and related training facilities. Fire Trail Standards means the Fire Trail Standards under section 62K of the Rural Fires Act 1997 . police station means a building or place that is used in connection with the provision of police services to the public by the NSW Police Force and may include custodial facilities or premises used for a local area command function. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a) RU1 Primary Production, (b) RU2 Rural Landscape, (c) RU3 Forestry, (d) RU4 Primary Production Small Lots, (e) RU5 Village, (e1) E1 Local Centre, (e2) E2 Commercial Centre, (e3) E3 Productivity Support, (e4) E4 General Industrial, (e5) E5 Heavy Industrial, (e6) MU1 Mixed Use, (f) B1 Neighbourhood Centre, (g) B2 Local Centre, (h) B3 Commercial Core, (i) B4 Mixed Use, (j) B5 Business Development, (k) B6 Enterprise Corridor, (l) B7 Business Park, (m) B8 Metropolitan Centre, (n) IN1 General Industrial, (o) IN 2 Light Industrial, (p) IN3 Heavy Industrial, (q) IN4 Working Waterfront, (r) SP1 Special Activities, (s) SP2 Infrastructure, (t) SP4 Enterprise, (u) SP5 Metropolitan Centre, (u1) Zone RE1 Public Recreation, (u2) Zone RE2 Private Recreation, (v) W4 Working Waterfront. s 2.49: Am 2022 (727), Sch 1[9] [10]; 2025 (692), Sch 1[35].

Development permitted with consent s 2.51: Am 2025 (692), Sch 1[22] [36]–[38].

(1) Development for the purpose of an emergency services facility may be carried out with consent in a prescribed zone by or on behalf of an emergency services organisation that is not a public authority.

(2) Development for the purpose of an emergency services facility may be carried out with consent by or on behalf of a public authority on any land.

Development permitted without consent s 2.52: Am 2024 (585), Sch 1[2] [3]; 2024 (654), Sch 1[11]; 2025 (692), Sch 1[22] [39]–[42].

(1) Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority without consent in a prescribed zone.

(6) Despite subsection (5), development for the following purposes may result in a building being located closer than 5 metres to a property boundary— (a) an emergency services facility carried out by or on behalf of Fire and Rescue NSW or the NSW Rural Fire Service, (b) an ambulance facility carried out by or on behalf of the Ambulance Service of NSW.

Exempt development s 2.53: Am 2025 (692), Sch 1[43].

Development permitted without consent s 2.58: Am 2025 (692), Sch 1[44].

(1) Development for the purpose of forestry may be carried out by or on behalf of a public authority without consent on land in Zone RU3 Forestry.

Development permitted without consent—existing health services facilities s 2.61: Am 2022 (517), Sch 1[6]; 2022 (727), Sch 1[13]; 2024 (585), Sch 1[6]–[8]; 2025 (692), Sch 1[45].

(1) Any of the following development may be carried out by or on behalf of a public authority without consent on any land if the development is carried out within the boundaries of an existing health services facility— (a) the erection or alteration of, or addition to, a building that is a health services facility, (b) development for the purposes of restoring or replacing accommodation or administration facilities, (b1) development for the purposes of restoring or replacing any other building or structure that is part of a health services facility, (c) demolition of buildings carried out for the purposes of a health services facility, (d) development for the purposes of patient transport facilities, including helipads and ambulance facilities, (e) development for the purposes of any of the following that service patients or staff of, or visitors to, the health services facility, or other premises within the boundaries of the facility— (i) car parks, (ii) centre-based child care facilities, (iii) commercial premises, (iv) community facilities, (v) information and education facilities, (vi) recreation areas, recreation facilities (indoor) or recreation facilities (outdoor), (vii) residential accommodation, (f) development for the purposes of health research (or development) industries, including medical research (or development) industries, (g) development for the purposes of high technology industry for an industrial activity that involves biological, pharmaceutical, medical or paramedical systems, goods or components, (h) development for the purposes of a building or place used for the training or education of health and other professionals.

Exempt development s 2.63: Am 2022 (742), Sch 1[5]; 2025 (291), Sch 3[2]; 2025 (692), Sch 1[46].

(1) Any of the following development is exempt development if it is carried out within the boundaries of an existing health services facility and complies with section 2.20— (a) development for the purposes of roads and cycleways, (b) development for the purposes of information boards and other information facilities (except for visitors’ centres), (c) development for the purposes of lighting, if light spill and artificial sky glow is minimised in accordance with the Lighting for Roads and Public Spaces Standard, (d) development for the purposes of landscaping, including landscape structures or features (such as art work) and irrigation systems, (e) development for the purposes of maintenance depots used solely for the maintenance of a health services facility (or of any other premises within the boundaries of a health services facility), (f) environmental management works, (g) the removal and replacement, or pruning, of a tree if— (i) the tree has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety, or a risk of damage to infrastructure, and (ii) in the case of removal and replacement of a tree, the replacement tree is planted within the boundaries of the health services facility and is capable of achieving a mature height of 3 metres or more, (h) development for the purposes of a building site shed if— (i) the shed is not used for residential purposes, and (ii) any plumbing fixtures are connected to an approved waste water treatment device or an approved connection to the sewer, and (iii) the shed is removed immediately after the completion of the works for which the shed was required, and (iv) the shed is free-standing, prefabricated and constructed of non-reflective materials, (i) development for the purposes of play equipment where adequate safety provisions, including soft landing surfaces, are provided, but only if any structure is more than 1.2 metres from any fence, (j) routine maintenance, including earthworks associated with playing field regrading or landscaping, (k) development for the purposes of walking paths, including raised walking paths, boardwalks, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, (l) development for the purposes of a short-term portable multiple-purpose building that is— (a) not more than 1 storey high, measured from ground level, and (b) more than 5m from any property boundary with land in a residential zone and more than 1m from any property boundary with land in any other zone, and (c) removed within 48 months of being installed.

Complying development Note. Certain development on bush fire prone land (such as a hospital) is not complying development (see section 100B of the Rural Fires Act 1997 ). s 2.64: Am 2025 (692), Sch 1[47].

(1) Development for any of the following purposes is complying development if it is carried out within the boundaries of an existing health services facility, and complies with the requirements of this section and section 2.22— (a) a health services facility, (b) a building or place used for the training or education of health and other professionals, (c) commercial premises, providing goods or services to staff or patients of, or visitors to, a health services facility (or to staff of, or visitors to, other premises within the boundaries of a health services facility), (d) any premises to service patients or staff of, or visitors to, a health services facility (or to service staff of, or visitors to, other premises within the boundaries of a health services facility) that consist of an administration building or a car park, (e) demolition of buildings, (f) the removal or pruning of a tree or other vegetation if — (i) the tree is not listed on a register of significant trees kept by the council, and (ii) the tree or vegetation is within 3 metres of a building within the boundaries of the health services facility, and (iii) the tree or vegetation has a height of less than 8 metres, and (iv) in the case of removal of a tree—a replacement tree capable of achieving a mature height of 3 metres or more is planted within the boundaries of the health services facility, (g) an environmental facility, (h) an information and education facility, (i) a recreation facility (indoor), (j) a recreation facility (outdoor).

Land to which Division applies This Division applies to land identified on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021 , Chapter 2, as being within any of the following sites— (a) Barangaroo Site, (a1) Bradfield City Centre, (b) Darling Harbour Site, (c) Sydney Olympic Park Site, (d) The Rocks Site, (e) Blackwattle Bay Precinct Site, (f) Central Precinct Site. s 2.69: Am 2022 (826), Sch 1.3[1] [2]; 2025 (423), Sch 5; 2025 (692), Sch 1[48].

Parks and other public land pt 2.3, div 12, hdg: Am 2025 (692), Sch 1[49]. 2.72 Definitions In this Division— Crown land manager has the same meaning as in the Crown Land Management Act 2016 . Crown managed land has the same meaning as in the Crown Land Management Act 2016 . Ministerial Corporation has the same meaning as in the Crown Land Management Act 2016 . Secretary has the same meaning as in the Crown Land Management Act 2016 . s 2.72: Am 2025 (692), Sch 1[50]. 2.73 Development permitted without consent (1) Development for any purpose may be carried out without consent— (a) on land reserved under the National Parks and Wildlife Act 1974 , or acquired under Part 11 of that Act, if the development is for a use authorised under that Act, or (b) on land declared under the Marine Estate Management Act 2014 to be a marine park or an aquatic reserve if the development is for a use authorised under that Act, or (2) Development for any purpose may be carried out without consent— (a) on land in the parklands estate within the meaning of the Greater Sydney Parklands Trust Act 2022 , other than land identified as “Western Sydney Parklands” on the Western Sydney Parklands Act 2006 Western Sydney Parklands Map deposited in the office of the Western Sydney Parklands Trust, or (b) (c) on Crown managed land, by or on behalf of— (i) the Secretary, or (ii) a Crown land manager of the land (or an administrator of the manager), or (iii) the Ministerial Corporation, or (iv) the Minister administering the Crown Land Management Act 2016 , if the development is for the purposes of implementing a plan of management adopted for the land under the Act referred to above in relation to the land or in accordance with the Local Government Act 1993 in relation to Crown managed land managed by a council. (3) Any of the following development may be carried out by or on behalf of a public authority without consent on land owned or controlled by the public authority— (a) development for any of the following purposes— (i) roads, pedestrian pathways, cycleways, single storey car parks, ticketing facilities, viewing platforms and pedestrian bridges, (ii) recreation areas and recreation facilities (outdoor), but not including grandstands, (iii) visitor information centres, information boards and other information facilities, (iv) lighting, if light spill and artificial sky glow is minimised in accordance with the Lighting for Roads and Public Spaces Standard, (v) landscaping, including landscape structures or features (such as art work) and irrigation systems, (vi) amenities for people using the reserve, including toilets and change rooms, (vii) food preparation and related facilities for people using the reserve, (viii) maintenance depots, (ix) portable lifeguard towers, (b) environmental management works, (c) demolition of buildings (other than any building that is, or is part of, a State or local heritage item or is within a heritage conservation area). Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure. s 2.73: Am 2022 (742), Sch 1[6]; 2025 (692), Sch 1[51]. 2.74 Exempt development (1) Development for any of the following purposes that is carried out in the prescribed circumstances is exempt development— (a) construction or maintenance of— (i) walking tracks, raised walking paths (including boardwalks), ramps, stairways or gates, or (ii) bicycle-related storage facilities, including bicycle racks and other bicycle parking facilities (except for bicycle paths), or (iii) handrail barriers or vehicle barriers, or (iv) ticketing machines or park entry booths, or (v) viewing platforms with an area not exceeding 100m 2 , or (vi) sporting facilities, including goal posts, sight screens and fences, if the visual impact of the development on surrounding land uses is minimal, or (vii) play equipment if adequate safety measures (including soft landing surfaces) are provided and, in the case of the construction of such equipment, so long as the equipment is situated at least 1.2m away from any fence, or (viii) seats, picnic tables, barbecues, bins (including frames and screening), shelters or shade structures, or (ix) portable lifeguard towers if the footprint of the tower covers an area no greater than 20 square metres, or (x) temporary structures, (b) routine maintenance of playing fields and other infrastructure, (c) routine maintenance of roads that provide access to or within those playing fields, (d) environmental management works, (e) emergency works, (f) landscaping, including landscape structures or features, such as art work, and irrigation systems. (2) Development is carried out in the prescribed circumstances if the development is carried out— (a) on land referred to in section 2.73(1) by or on behalf of a public authority, or (b) on land referred to in section 2.73(2)(a) by or on behalf of the Centennial Park and Moore Park Trust or the Parramatta Trust, as the case may be, or (c) on land owned or controlled by a public authority by or on behalf of the public authority, or (d) on Crown managed land, by or on behalf of— (i) the Secretary, or (ii) a Crown land manager of the land (or an administrator of the manager), or (iii) the Ministerial Corporation, or (iv) a council having control of the land under section 48 of the Local Government Act 1993 , or (v) the Minister administering the Crown Land Management Act 2016 . (3) Development is exempt development under this section only if the development— (a) complies with section 2.20, and (b) involves no greater disturbance of native vegetation than necessary, and (c) does not result in an increase in stormwater run-off or erosion. (4) Development is exempt development under section 2.74(1)(a)(x) only if— (a) the temporary structure will removed within the period of 12 months after the structure is erected, and (b) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the erection of the temporary structure, and (c) the temporary structure will not adversely impact on any adjoining land or the amenity of the neighbourhood, and (d) the temporary structure will not exceed 1 storey in height, and (e) the temporary structure will be located at a distance from each lot boundary of at least— (i) if the adjoining lot is used for a residential purpose—5m, or (ii) otherwise—1m, and (f) not redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and (g) the temporary structure will be erected on a surface that is sufficiently firm and level to sustain the structure while in use, and (h) the temporary structure will be able to resist loads determined in accordance with the following Australian and New Zealand Standards— (i) AS/NZS 1170.0:2002 , Structural design actions, Part 0: General principles , (ii) AS/NZS 1170.1:2002 , Structural design actions, Part 1: Permanent, imposed and other actions , (iii) AS/NZS 1170.2:2021 , Structural design actions, Part 2: Wind actions . (5) For the purposes of subsection (4), any development standard that specifies a separation distance to a side or rear boundary— (a) only applies in respect of a boundary with adjoining land if the adjoining land is owned by a person that is not the owner of the land on which the development is carried out, and (b) does not apply in respect of adjoining land that is owned by the council or other public authority if the written consent of the council or other public authority has been obtained. s 2.74: Am 2022 (528), sec 4(2); 2022 (742), Sch 1[7] [8]; 2025 (692), Sch 1[52]–[55].

Definitions In this Division— Crown land manager has the same meaning as in the Crown Land Management Act 2016 . Crown managed land has the same meaning as in the Crown Land Management Act 2016 . Ministerial Corporation has the same meaning as in the Crown Land Management Act 2016 . Secretary has the same meaning as in the Crown Land Management Act 2016 . s 2.72: Am 2025 (692), Sch 1[50].

Development permitted without consent s 2.73: Am 2022 (742), Sch 1[6]; 2025 (692), Sch 1[51].

(2) Development for any purpose may be carried out without consent— (a) on land in the parklands estate within the meaning of the Greater Sydney Parklands Trust Act 2022 , other than land identified as “Western Sydney Parklands” on the Western Sydney Parklands Act 2006 Western Sydney Parklands Map deposited in the office of the Western Sydney Parklands Trust, or (b) (c) on Crown managed land, by or on behalf of— (i) the Secretary, or (ii) a Crown land manager of the land (or an administrator of the manager), or (iii) the Ministerial Corporation, or (iv) the Minister administering the Crown Land Management Act 2016 , if the development is for the purposes of implementing a plan of management adopted for the land under the Act referred to above in relation to the land or in accordance with the Local Government Act 1993 in relation to Crown managed land managed by a council.

Exempt development s 2.74: Am 2022 (528), sec 4(2); 2022 (742), Sch 1[7] [8]; 2025 (692), Sch 1[52]–[55].

(1) Development for any of the following purposes that is carried out in the prescribed circumstances is exempt development— (a) construction or maintenance of— (i) walking tracks, raised walking paths (including boardwalks), ramps, stairways or gates, or (ii) bicycle-related storage facilities, including bicycle racks and other bicycle parking facilities (except for bicycle paths), or (iii) handrail barriers or vehicle barriers, or (iv) ticketing machines or park entry booths, or (v) viewing platforms with an area not exceeding 100m 2 , or (vi) sporting facilities, including goal posts, sight screens and fences, if the visual impact of the development on surrounding land uses is minimal, or (vii) play equipment if adequate safety measures (including soft landing surfaces) are provided and, in the case of the construction of such equipment, so long as the equipment is situated at least 1.2m away from any fence, or (viii) seats, picnic tables, barbecues, bins (including frames and screening), shelters or shade structures, or (ix) portable lifeguard towers if the footprint of the tower covers an area no greater than 20 square metres, or (x) temporary structures, (b) routine maintenance of playing fields and other infrastructure, (c) routine maintenance of roads that provide access to or within those playing fields, (d) environmental management works, (e) emergency works, (f) landscaping, including landscape structures or features, such as art work, and irrigation systems.

(2) Development is carried out in the prescribed circumstances if the development is carried out— (a) on land referred to in section 2.73(1) by or on behalf of a public authority, or (b) on land referred to in section 2.73(2)(a) by or on behalf of the Centennial Park and Moore Park Trust or the Parramatta Trust, as the case may be, or (c) on land owned or controlled by a public authority by or on behalf of the public authority, or (d) on Crown managed land, by or on behalf of— (i) the Secretary, or (ii) a Crown land manager of the land (or an administrator of the manager), or (iii) the Ministerial Corporation, or (iv) a council having control of the land under section 48 of the Local Government Act 1993 , or (v) the Minister administering the Crown Land Management Act 2016 .

Development permitted without consent s 2.75: Am 2022 (517), Sch 1[2]; 2025 (692), Sch 1[44] [56]–[58].

(3) However, subsections (1) and (2) apply with respect to land in Zone C1 National Parks and Nature Reserves only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of the National Parks and Wildlife Act 1974 , section 39, or (c) is carried out on land to which the National Parks and Wildlife Act 1974 applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

Interpretation s 2.78: Am 2022 (727), Sch 1[14]–[16]; 2024 (654), Sch 1[13] [14]; 2025 (692), Sch 1[59].

(1) In this Division— navigation and emergency response facilities means facilities for— (a) water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and (b) emergency response, including rescue stations and emergency communication facilities and jetties. Port Authority of New South Wales means the Newcastle Port Corporation established under the Ports and Maritime Administration Act 1995 . port facilities has the same meaning as in the Standard Instrument. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E4 General Industrial, (a2) E5 Heavy Industrial, (a3) MU1 Mixed Use, (a) B4 Mixed Use, (b) B8 Metropolitan Centre, (c) IN1 General Industrial, (d) IN3 Heavy Industrial, (e) IN4 Working Waterfront, (f) SP1 Special Activities, (g) SP2 Infrastructure, (h) SP3 Tourist, (h1) SP4 Enterprise, (h2) SP5 Metropolitan Centre, (i) RE1 Public Recreation, (j) W2 Recreational Waterways, (k) W3 Working Waterways, (l) W4 Working Waterfront, and includes any waterbody that is unzoned under any environmental planning instrument. public ferry wharf means a wharf or any associated facilities used for the purposes of public passenger services provided by ferries. wharf or boating facilities has the same meaning as in the Standard Instrument.

Development permitted without consent—general s 2.80: Am 2024 (654), Sch 1[9] [15]; 2025 (692), Sch 1[22] [60] [61].

(1) Development for the purpose of port facilities may be carried out— (a) by or on behalf of the Port Authority of New South Wales or Transport for NSW without consent on land in a prescribed zone or (providing the development is directly related to an existing port facility) on any other land, or (b) by or on behalf of any other public authority without consent on land in a prescribed zone.

(3) Subdivision of land in the area of a port managed by the Port Authority of New South Wales, being subdivision that is required to facilitate operations at the port, may be carried out by the Port Authority of New South Wales without consent.

(4) Development for the purpose of wharf or boating facilities may be carried out by or on behalf of a public authority without consent on any land.

(6) Development for the purposes of associated public transport facilities for a public ferry wharf may be carried out by or on behalf of a public authority without consent on any land.

Development permitted with consent s 2.81: Am 2024 (654), Sch 1[17]; 2025 (692), Sch 1[60].

(2) Subdivision of any land in the area of a port managed by the Port Authority of New South Wales may be carried out by any person with consent.

Exempt development Development for any of the following purposes is exempt development if it is lawfully carried out on land in the area of a port that is managed by the Port Authority of New South Wales, or is vested in Transport for NSW, and complies with section 2.20— (a) awnings or canopies, (b) adjustment of boundaries between lots or consolidation of lots, if it will not result in— (i) a change in the area of any lot by more than 10 per cent, or (ii) the creation of an additional lot or of a legal right to erect a building on a lot, or (iii) a reduction in vehicular access to any lot, in loading and unloading areas on any lot or in areas used for car parks, or (iv) a breach of any requirements under an environmental planning instrument relating to a minimum area of open space or of landscaping, or (v) a lot that depends on the use of the services provided to, or utilities of, another lot, (c) building alterations, including— (i) non-structural alterations to the exteriors of buildings (such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work), where the alterations do not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 , and (ii) interior alterations to buildings that do not affect the load bearing capacity of any load bearing component of a building, (d) demolition of a building— (i) that has a gross floor area of not more than 500m 2 , or (ii) the erection of which is exempt development under this Chapter, Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure. (e) minor installations for securing or accessing vessels (such as bollards, ladders, ramps, gantries, railings and mooring points), including the removal of those installations, (f) minor installations for protecting wharves or vessels (such as cathodic protection systems and fenders), including the removal of those installations, (g) emergency services equipment (including replacement or augmentation of fire systems, pumphouses, fire water tanks and other essential fire safety facilities), (h) a flagpole that— (i) has a height above ground level (existing) of not more than 30m or (if attached to or mounted on a building) extends not more than 10m above the highest point of the roof of the building, and (ii) is located no closer than 20m from any boundary of a property on which residential accommodation is located, and (iii) does not display any commercial advertisements for or about anything other than the Port Authority of New South Wales (in the case of the area of a port managed by it) or Transport for NSW (in the case of the area of a port vested in it) or any business operating in those areas, (i) hail netting that— (i) has a height above ground level (existing) of not more than 12m, and (ii) is dark in colour, (j) paving, or an at-grade car park (including access to or from the car park), that— (i) is ancillary or incidental to a lawful use of the land, and (ii) is designed so that any surface water run-off is directed to a stormwater management system or landscaped area, (k) landscaping, including landscape structures or features (such as art work) and irrigation systems, (l) marking out of roads, (m) structures for external lighting if— (i) any obtrusive effects of the external lighting (if new) are controlled in accordance with AS 4282—1997 , Control of the obtrusive effects of outdoor lighting , and (ii) the structures have a height above ground level (existing) of not more than 35m or (if attached to or mounted on a building) do not extend more than 10m above the highest point of the roof of the building, (n) pedestrian ramps, pathways or stairways (other than escalators or travelators), (o) escalators, or travelators, that are designed to ensure that any noise emitted by them does not exceed 5dB(A) above ambient background noise level (as measured at any adjoining property boundary), (p) pollution control facilities, occupational health and safety measures and environmental management works (including such facilities and works associated with liquid petroleum gas storage containers or fuel storage tanks) that satisfy any applicable pollution control provisions and guidelines and are not inconsistent with, or in contravention of, an existing development consent or undertaken for the purpose of remediating contaminated land, (q) retaining walls (not including sea walls) that— (i) provide for the retaining of fill to a height above ground level (existing) of not more than 2m and excavation to a depth below ground level (existing) of not more than 1m, and (ii) are constructed so as to not impede the natural flow of stormwater or surface water run-off, (r) hoardings or scaffolding in the circumstances specified in Schedule 1, (s) security fencing or security boom gate (whether or not installed along a road frontage) that has a height (in the case of a security fence) of not more than 3.5m, (t) safety or security barriers, including jersey barriers, earth berms and bollards, (u) traffic and parking monitoring and security cameras and other facilities for tracking vessels or trucks, port navigation or security (including radar, communication or microwave receivers and the like), (v) directional or safety signs that comply with AS 1319—1994 , Safety signs for the occupational environment and AS 4282—1997 , Control of the obtrusive effects of outdoor lighting , (w) public notices that— (i) are displayed by a public authority, and (ii) contain only warning, safety, security or instructive information (whether or not conveyed by a graphic), (x) business identification signs that— (i) are flush to or painted on a wall, and (ii) have an area of not more than 25m 2 , and (iii) are not more than 10m wide or long, and (iv) if flush to a wall, do not project more than 0.3m out from the wall and do not extend vertically above or laterally beyond the wall, and (v) are not illuminated, and (vi) relate to the business carried out on the land, (y) without limiting paragraph (v), (w) or (x), a change in the display on, or the maintenance or replacement of, an existing sign that does not involve a change in the area, form or shape of the sign, (z) a temporary structure if— (i) the structure is used for a period totalling not more than 12 months, and (ii) any car parks and directional or safety signage associated with the use of the structure is located on the same site as the structure, and (iii) any waste associated with use of the structure is disposed of lawfully, (za) utilities and service facilities that have a height of not more than 3m above ground level (existing), including pipelines (but not including pipelines for fuel or hazardous materials or pipelines that are the subject of a licence under the Pipelines Act 1967 or above ground or overhead power facilities), (zb) minor vegetation management carried out for the purpose of maintaining the security or safety of the designated port concerned and that involves no more disturbance of vegetation than is necessary for that purpose, (zc) investigations of the physical properties of soil, rock or seabed (including geotechnical and other testing, surveying and sampling to investigate those physical properties), (zd) movable plant and equipment, (ze) a port facility, but only in the circumstances specified in clause 21 of Schedule 1 to State Environmental Planning Policy (Three Ports) 2013 (relating to the change of use of port facilities), and the maintenance of a port facility if— (i) the facility is not a petroleum terminal, and (ii) the facility was not, before the change of use, a petroleum terminal, and (iii) the maintenance work does not involve dredging or bed profile levelling, and (iv) the maintenance work involves no greater waterway bed, soil or vegetation disturbance than necessary, (zf) washbays, (zg) rainwater or grey water tanks used by any business at the designated port that, together with any other rainwater or grey water tanks used by the business, have a total storage capacity of not more than 20,000 litres of water, (zh) maintenance, removal and replacement of moorings and navigation marks if— (i) they are not located in a marine park or aquatic reserve (within the meaning of the Marine Estate Management Act 2014 ), and (ii) they are not moved to a different location, and (iii) the work involves no greater waterway bed, soil or vegetation disturbance than necessary, (zi) emergency works to protect port facilities, navigation facilities, wharf or boating facilities, the environment or the public, but only if the work involves no greater waterway bed, soil or vegetation disturbance than necessary. s 2.82: Am 2022 (517), Sch 1[7]; 2025 (692), Sch 1[60] [62] [63].

Complying development s 2.83: Am 2025 (692), Sch 1[60] [64] [65].

(1) Development for any of the following purposes is complying development if it is lawfully carried out on land in the area of a port that is managed by the Port Authority of New South Wales, or is vested in Transport for NSW, and complies with section 2.22— (a) addition to, or alteration (including internal alteration) of, a building that does not result in— (i) the gross floor area of the building being the lesser of 25 per cent or 500m 2 greater than it was immediately before the commencement of this Chapter, or (ii) the building having a height (including the addition or alteration) of more than 12m above ground level (existing), (b) a new building that— (i) has a gross floor area of not more than 500m 2 or is not more than 1 storey high, and (ii) has a height above ground level (existing) of not more than 12m, and (iii) except in the case of a security booth, is erected no closer than 1m from any adjoining property boundary (unless the adjoining property is owned or managed by the Port Corporation), and (iv) in the case of food premises, including a canteen or kiosk, is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004 , Design, construction and fit-out of food premises , (c) demolition of a building— (i) that has a gross floor area not exceeding 2,000m 2 , or (ii) the erection of which is complying development under this section, (d) fences or gates (including security boom gates) that have a height (when closed, in the case of boom gates) of not more than 5m above ground level (existing), (e) buildings (including switch rooms or security booths) or sheds that— (i) have a floor space area of not more than 500m 2 , and (ii) are one storey high and have a height above ground level (existing) of not more than 10m, and (iii) are not within 10m of any boundary, (f) retaining walls (other than seawalls) that— (i) have a height of not more than 3m above ground level (existing), and (ii) if they have a height of more than 1m, are certified by a structural engineer as having a satisfactory design and structure and as having been constructed in accordance with the specifications of that design, and (iii) comply with— (A) AS 3700—2011 , Masonry structures and AS 3700 Supp 1—2004 , Masonry structures—Commentary (Supplement to AS 3700—2001) , and (B) AS/NZS 1170.1:2002 , Structural design actions Part 1: Permanent, imposed and other actions and AS/NZS 1170.1 Supp1:2002 , Structural design actions—Permanent, imposed and other actions—Commentary (Supplement to AS/NZS 1170.1:2002) , and (C) if the structure is made of timber, AS 1720:1—1997/Amdt 1—1998 , Timber structures (known as the SAA Timber Structures Code)—Design methods , (g) removal of existing cranes, replacement of existing cranes with smaller cranes or with cranes of the same capacity, or installation of crane rails for an existing crane, if— (i) the development is not inconsistent with or in contravention of an existing consent, and (ii) in the case of the replacement of cranes or installation of crane rails, the new cranes or crane rails are certified by a structural engineer as having a satisfactory design and as having been erected or installed in accordance with the specifications of that design, (h) liquid petroleum gas storage containers that— (i) together have a capacity to store, at any one time, a total of not more than 3 tonnes of gas for each business, and (ii) comply with the relevant requirements of AS 1940—2004 , The storage and handling of flammable and combustible liquids and Australian and New Zealand Standard AS/NZS 1596:2008 , The storage and handling of LP Gas , (i) fuel storage tanks that— (i) together have a capacity to store, at any one time, a total of not more than 50,000 litres of fuel for each business, and (ii) comply with the relevant requirements of Australian Standard AS 1940—2004 , The storage and handling of flammable and combustible liquids , (j) fire water tanks that together have a capacity to store, at any one time, a total of not more than 1,500 tonnes of water for each business, (k) new or replacement paving, if— (i) the area being paved is not more than 5,000m 2 , and (ii) the development is not inconsistent with or in contravention of an existing consent, and (iii) it is designed so that any surface water run-off is directed to a stormwater management system, (l) satellite dishes or telecommunications facilities, if— (i) the development will result in there being not more than one dish or one facility on the site at any one time, and (ii) the dish or facility is made of non-reflective materials, has a height of not more than 12m above ground level (existing) and a diameter of not more than 3m,

Complying development conditions—additional conditions A complying development certificate for development referred to in section 2.83 is subject to the following conditions (in addition to the conditions set out in section 2.23)— (a) at the following stages, the principal certifying authority must be given the following survey certificates prepared by a registered land surveyor— (i) before any form work below any ground floor slab or any addition to the ground floor slab, for a new building or addition is completed or (if there is no such form work) before the concrete is poured for the ground floor slab or addition to the ground floor slab—a survey certificate showing the location of the proposed new building or addition relative to the property boundaries, (ii) at the completion of the lowest floor of any building or any addition to the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued, (b) to control dust emissions from the site, suitable screens or barricades must be erected prior to any demolition, excavation or building work, (c) following removal of any friable asbestos from the site, a certificate from a suitably qualified person must be provided to the principal certifying authority certifying that no such asbestos remains on site and a copy of the certificate must be forwarded, before any other work begins, to the following— (i) the Port Authority of New South Wales if the land is in the area of a port managed by it, (ii) Transport for NSW if the land is in the area of a port vested in it, (iii) the Department of Planning and Environment, (iv) the council. s 2.84: Am 2025 (692), Sch 1[60].

Exempt development Any of the following development is exempt development if the development complies with section 2.20— (a) development for the purposes of landscaping in the grounds of a public administration building, including landscape structures or features (such as art work) and irrigation systems, (b) use of a building as a public administration building following a change of use of the building as commercial premises. Note. Subdivision 10A of Division 1 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 contains provisions relating to a change of use from a public administration building to business premises, office premises, shops and kiosks. s 2.90: Am 2025 (692), Sch 1[62].

Railways pt 2.3, div 15, sdiv 2, hdg: Am 2025 (692), Sch 1[71]. Subdivision 1 Railways and rail infrastructure facilities 2.91 Interpretation (1) In this Division— ARTC means Australian Rail Track Corporation Ltd (ACN 081 455 754). ARTC arrangement means a lease, licence agreement or other arrangement under Part 8A of the Transport Administration Act 1988 . freight includes livestock, containers, liquids, materials, plant and equipment, vehicles and vessels. major development has the same meaning it has in Part 4 of the City of Sydney Act 1988 . prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E4 General Industrial, (a2) E5 Heavy Industrial, (a) IN1 General Industrial, (b) IN2 Light Industrial, (c) IN3 Heavy Industrial, (d) SP1 Special Activities, (e) SP2 Infrastructure. rail authority for a rail corridor means— (a) in relation to a rail corridor that is vested in or owned by ARTC or is the subject of an ARTC arrangement—ARTC, and (b) in relation to any other rail corridor—Transport for NSW. rail corridor means land— (a) that is owned, leased, managed or controlled by a public authority for the purpose of a railway or rail infrastructure facilities, or (b) that is zoned under an environmental planning instrument predominantly or solely for development for the purpose of a railway or rail infrastructure facilities, or (c) in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development (or for a concept plan for a project comprising or including development) for the purpose of a railway or rail infrastructure facilities. Note. Copies of the Minister’s approvals are available on the website of the Department of Planning and Environment. rail corridors map means the maps marked as follows and held in the head office of the Department of Planning and Environment— (a) State Environmental Planning Policy (Infrastructure) 2007—Interim Rail Corridor—CBD Rail Link & CBD Metro , (b) State Environmental Planning Policy (Transport and Infrastructure) 2021—Interim Rail Corridor—Sydney Metro West . rail infrastructure facilities include— (a) railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and (b) signalling, train control, communication and security systems, and (c) power supply (including overhead power supply) systems, and (d) railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and (e) public amenities for commuters, and (f) associated public transport facilities for railway stations, and (g) facilities for the assembly, maintenance and stabling of rolling stock, and (h) facilities for the dismantling and stabling of rolling stock taken out of service, and (i) refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and (j) railway workers’ facilities, and (k) rail freight terminals, sidings and freight intermodal facilities, and (l) buildings for or related to railway purposes, but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes. RailCorp means Rail Corporation New South Wales constituted under the Transport Administration Act 1988 . (2) A reference in this Division to rail infrastructure facilities includes a reference to any facilities, buildings, works or infrastructure related to metro or light rail purposes. (3) In sections 2.92 and 2.93A, a reference to development for the purposes of a railway or rail infrastructure facilities includes a reference to the operation of a railway and to development for the following purposes if the development is carried out in connection with a railway or rail infrastructure facilities— (a) construction works, whether or not in a heritage conservation area, including— (i) temporary crushing plants, or temporary concrete batching plants, that are in or adjacent to a rail corridor and used solely in connection with the construction of a railway, and (ii) track support earthworks, and (iii) alteration, demolition or relocation of a local heritage item, and (iv) alteration or relocation of a State heritage item, and (v) temporary buildings, or temporary facilities for the management of railway construction, that are in or adjacent to a rail corridor, (b) emergency works or routine maintenance works, Note— See section 2.7(4) regarding emergency works and routine maintenance works on land to which State Environmental Planning Policy (Resilience and Hazards) 2021 , sections 2.7 and 2.8 apply. (c) maintenance of an existing rail infrastructure facility, (d) environmental management works. s 2.91: Am 2022 (441), Sch 1[1]; 2022 (727), Sch 1[19]; 2024 (654), Sch 1[18] [19]; 2025 (692), Sch 1[66] [67]. 2.92 Development permitted without consent—rail infrastructure facilities generally (1) Development for the purpose of a railway or rail infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement. (2) (3) Development for the following purposes may be carried out by or on behalf of a rail authority for a rail corridor without consent on land in a prescribed zone— (a) any of the following if the development is carried out in a car park intended for use by commuters that is owned, leased, managed or controlled by a rail authority— (i) vehicle share car parking, (ii) vehicle hire, (iii) vehicle servicing and cleaning, (b) markets if the development is carried out on land used for the purpose of a railway station or on any land that is owned, leased, managed or controlled by a rail authority no more than once per calendar month. (4) For the purposes of this section, a reference to rail infrastructure facilities includes a reference to all rail assets, including transport infrastructure, transport vehicles and rolling stocks— (a) used for, or in connection with, or to facilitate the movement of persons and freight by rail, and (b) owned, managed or operated by Transport Heritage NSW Limited, ABN 25 000 570 463, on behalf of Transport Asset Manager of New South Wales constituted under the Transport Administration Act 1988 . s 2.92: Am 2024 (654), Sch 1[20]; 2025 (692), Sch 1[22] [68] [69]. 2.93 Development permitted without consent—particular rail infrastructure facilities Development for the purpose of any of the following railways or railway projects as described in Schedule 2 may be carried out by or on behalf of a public authority without consent on any land— (a) the Sydney Airport Rail Link, (b) the Parramatta Rail Link, (c) the Southern Sydney Freight Line, (d) the Rail Clearways Program. 2.93A Development permitted without consent—coastal wetlands and littoral rainforest (1) This section applies to land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map . (2) Development for the purposes of railways or rail infrastructure facilities may be carried out by or on behalf of a public authority without development consent if— (a) the development does not involve the clearing of native vegetation from coastal wetlands or littoral rainforest, and (b) the public authority is satisfied the development— (i) includes adequate measures to minimise adverse impacts on coastal wetlands or littoral rainforest, and (ii) is not likely to significantly impact the biophysical, hydrological or ecological integrity of coastal wetlands or littoral rainforest, and (iii) is not likely to significantly impact the quantity and quality of surface and ground water flows to and from coastal wetlands, and (c) the development does not involve earthworks other than earthworks that are ancillary to the following development— (i) geotechnical testing and sampling that involves a drill hole with a diameter of no more than 120mm, (ii) surveying and the placement of survey marks, (iii) boring or directional drilling that does not disturb the surface of coastal wetlands or littoral rainforest and that involves a drill hole with a diameter of no more than 1,800mm, (iv) replacing an electricity pole with a new pole with a diameter of no more than 1,200mm, (v) installing supporting posts for a gate on an existing fence, (vi) creating a trench to lay an electricity line to connect 2 connection points that are no more than 100m apart. s 2.93A: Ins 2024 (654), Sch 1[21]. 2.94 Development permitted with consent (1) Development for one or more of the following purposes, other than development specified in section 2.92, may by carried out by a person with consent— (a) the following in a rail corridor, if the development is carried out wholly or partly above a railway station— (i) residential accommodation, (ii) tourist and visitor accommodation, (iii) commercial premises, (iv) community facilities, (v) public administration buildings, (vi) artisan food and drink industries, (vii) recreation areas, (viii) recreation facilities (indoor), (b) commercial premises, community facilities, public administration buildings, artisan food and drink industries, recreation areas or recreation facilities (indoor) in— (i) a railway complex, including in an area used by commuters to access station platforms, or (ii) below a railway complex but above ground, Example— Circular Quay (c) the following in a transport interchange, other than an at-grade transport interchange, if the premises are located on the ground floor of the interchange or have street frontage— (i) commercial premises, (ii) community facilities, (iii) public administration buildings, (iv) artisan food and drink industries, (v) recreation areas, (vi) recreation facilities (indoor), (d) bus interchanges that are integrated or associated with railway stations, but that are not owned, leased, managed or controlled by a public authority, (e) markets, recreation areas or temporary structures, if the development is carried out on land that is owned, leased, managed or controlled by ARTC or Transport for NSW. (1A) Development for one or more of the following purposes, other than development specified in section 2.92, may by carried out by a person with consent on land in a prescribed zone— (a) rail freight terminals, rail freight sidings or rail freight intermodal facilities, (b) commercial premises in a car park intended for use by commuters, other than an at-grade car park, if the premises— (i) are located on the ground floor of the car park, or (ii) have street frontage, (c) car parks intended for use by commuters that are not owned, leased, managed or controlled by a public authority. (2) Nothing in this section requires a public authority to obtain consent for development that is permitted without consent by section 2.92 and 2.93A. s 2.94: Am 2022 (742), Sch 1[9]; 2024 (654), Sch 1[22]. 2.95 Exempt development—public authorities (1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority, is in connection with a railway or rail infrastructure facilities and complies with section 2.20, involves no greater disturbance to the ground or vegetation than necessary, and does not result in an increase in stormwater drainage or run-off from the site concerned— (a) routine maintenance (including removal of graffiti or debris, maintenance or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment and replacement of screening of overhead bridges), (b) emergency works to protect railway infrastructure facilities, the environment or the public, (c) maintenance or replacement of identification, directional or safety signs that does not involve a change in their location or size, (d) maintenance of existing access roads, (e) slope stability works that are required for safety reasons, (f) erection, maintenance or replacement of safety barriers, (g) construction, maintenance, replacement or realignment of security fencing with a height of not more than 3.2m above ground level (existing), (h) reconstruction, maintenance or replacement of culverts or drains, (i) upgrading or maintenance of landscaping, or vegetation management, that— (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (j) installation, maintenance or replacement of— (i) temporary structures, or temporary signs, associated with alternative transport arrangements necessitated by rail track work or railway maintenance, or (ii) other signs that comply with any relevant requirements of AS 1319—1994 , Safety signs for the occupational environment and AS 4282—1997 , Control of the obtrusive effects of outdoor lighting , (k) installation and maintenance of the following— (i) seats, commuter pay stations and gates, audio or visual facilities for station announcements and impaired hearing, security cameras, waste bins, water fountains, tactile indicators, help points and emergency contact equipment, communications equipment and audio frequency induction loops, (ii) landscaping, including landscaping structures and features, not including retaining walls, (iii) bird proofing, including spikes and netting, (iv) minor platform pavement works, such as patching, sealing and re-sealing. (1A) The use of a railway station room for the purposes of commercial premises, community facilities or public administration buildings is exempt development if the development— (a) is carried out by or on behalf of a public authority, and (b) complies with section 2.20, and (c) does not affect the load-bearing capacity of a load-bearing component of the building in which the room is located. (1B) If the room is used for the purposes of food and drink premises, the room must be designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004 , Design, construction and fit-out of food premises , published in February 2004. (2) For the purposes of this section, development carried out by or on behalf of a lessee or licensee of ARTC, Sydney Metro or Transport for NSW is taken to be carried out by or on behalf of ARTC, Sydney Metro or Transport for NSW if the development is required or authorised to be carried out by the lease or licence. (3) In this section— railway station room means a room that— (a) is located on a station platform or in an area of a railway complex used by commuters to access station platforms, and (b) was previously used for railway purposes. Note— See also section 2.21 in relation to exempt development carried out by public authorities for purposes specified in Schedule 1. s 2.95: Am 2022 (441), Sch 1[2]–[4]; 2025 (692), Sch 1[70]. 2.96 Exempt development Development for the purposes of automatic teller machines, coffee carts or vending machines is exempt development if— (a) the development complies with section 2.20, and (b) is located on station platforms or in areas of a railway complex used by commuters to access station platforms. s 2.96: Subst 2022 (441), Sch 1[5]. 2.96A Complying development (1) The use of a railway station room for the purposes of commercial premises, community facilities or public administration buildings is complying development if the development— (a) complies with section 2.22, and (b) does not affect the load-bearing capacity of a load-bearing component of the building in which the room is located. (2) If the development involves internal alterations, the alterations must not involve structural alterations. (3) If the room is used for the purposes of food and drink premises, the room must be designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004 , Design, construction and fit-out of food premises , published in February 2004. (4) In this section— railway station room means a room that— (a) is located on a station platform or in an area of a railway complex used by commuters to access station platforms, and (b) was previously used for railway purposes. s 2.96A: Ins 2022 (441), Sch 1[5]. Subdivision 2 Development in or adjacent to rail corridors—notification and other requirements 2.97 Development involving access via level crossings (1) This section applies to development that involves— (a) a new level crossing, or (b) the conversion into a public road of a private access road across a level crossing, or (c) a likely significant increase in the total number of vehicles or the number of trucks using a level crossing as a result of the development. (2) Before determining a development application for development to which this section applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) the implications of the development for traffic safety including the costs of ensuring an appropriate level of safety, having regard to existing traffic characteristics and any likely change in traffic at level crossings as a result of the development, and (iii) the feasibility of access for the development that does not involve use of level crossings. (3) Subject to subsection (5), the consent authority must not grant consent to development to which this section applies without the concurrence of the rail authority for the rail corridor. (4) In determining whether to provide concurrence, the rail authority must take into account— (a) any rail safety or operational issues associated with the aspects of the development, and (b) the implications of the development for traffic safety including the cost of ensuring an appropriate level of safety, having regard to existing traffic and any likely change in traffic at level crossings as a result of the development. (5) The consent authority may grant consent to development to which this section applies without the concurrence of the rail authority for the rail corridor if 21 days have passed since the consent authority gave notice under subsection (2)(a) and the rail authority has not granted or refused to grant concurrence. (6) The consent authority must provide the rail authority for the rail corridor with a copy of the determination of the application within 7 days after the determination is made. (7) In this section— level crossing means a level crossing over railway lines. traffic includes rail, road and pedestrian traffic. 2.98 Development adjacent to rail corridors (1) This section applies to development on land that is in or adjacent to a rail corridor, if the development— (a) is likely to have an adverse effect on rail safety, or (b) involves the placing of a metal finish on a structure and the rail corridor concerned is used by electric trains, or (c) involves the use of a crane in air space above any rail corridor, or (d) is located within 5 metres of an exposed overhead electricity power line that is used for the purpose of railways or rail infrastructure facilities. Note. Section 2.48 also contains provisions relating to development that is within 5 metres of an exposed overhead electricity power line. (2) Before determining a development application for development to which this section applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) Despite subsection (2), the consent authority is not required to comply with subsection (2)(a) and (b)(i) if the development application is for development on land that is in or adjacent to a rail corridor vested in or owned by ARTC or the subject of an ARTC arrangement. (4) Land is adjacent to a rail corridor for the purpose of this section even if it is separated from the rail corridor by a road or road related area within the meaning of the Road Transport Act 2013 . s 2.98: Am 2022 (517), Sch 1[1]. 2.99 Excavation in, above, below or adjacent to rail corridors (1) This section applies to development (other than development to which section 2.101 applies) that involves the penetration of ground to a depth of at least 2m below ground level (existing) on land— (a) within, below or above a rail corridor, or (b) within 25m (measured horizontally) of a rail corridor, or (c) within 25m (measured horizontally) of the ground directly below a rail corridor, or (d) within 25m (measured horizontally) of the ground directly above an underground rail corridor. (2) Before determining a development application for development to which this section applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to the rail authority for the rail corridor, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) Subject to subsection (5), the consent authority must not grant consent to development to which this section applies without the concurrence of the rail authority for the rail corridor to which the development application relates. (4) In deciding whether to provide concurrence, the rail authority must take into account— (a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on— (i) the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and (ii) the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and (b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects. (5) The consent authority may grant consent to development to which this section applies without the concurrence of the rail authority concerned if— (a) the rail corridor is owned by or vested in ARTC or is the subject of an ARTC arrangement, or (b) in any other case, 21 days have passed since the consent authority gave notice under subsection (2)(a) and the rail authority has not granted or refused to grant concurrence. s 2.99: Am 2022 (517), Sch 1[1]. 2.100 Impact of rail noise or vibration on non-rail development (1) This section applies to development for any of the following purposes that is on land in or adjacent to a rail corridor and that the consent authority considers is likely to be adversely affected by rail noise or vibration— (a) residential accommodation, (b) a place of public worship, (c) a hospital, (d) an educational establishment or centre-based child care facility. (2) Before determining a development application for development to which this section applies, the consent authority must take into consideration any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded— (a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10.00 pm and 7.00 am, (b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time. s 2.100: Am 2022 (517), Sch 1[1]. 2.101–2.103 s 2.101: Am 2023 (523), Sch 2.8[2]. Rep 2025 (692), Sch 1[72]. s 2.102: Rep 2025 (692), Sch 1[73]. s 2.103: Rep 2025 (692), Sch 1[74].

Interpretation s 2.91: Am 2022 (441), Sch 1[1]; 2022 (727), Sch 1[19]; 2024 (654), Sch 1[18] [19]; 2025 (692), Sch 1[66] [67].

(1) In this Division— ARTC means Australian Rail Track Corporation Ltd (ACN 081 455 754). ARTC arrangement means a lease, licence agreement or other arrangement under Part 8A of the Transport Administration Act 1988 . freight includes livestock, containers, liquids, materials, plant and equipment, vehicles and vessels. major development has the same meaning it has in Part 4 of the City of Sydney Act 1988 . prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E4 General Industrial, (a2) E5 Heavy Industrial, (a) IN1 General Industrial, (b) IN2 Light Industrial, (c) IN3 Heavy Industrial, (d) SP1 Special Activities, (e) SP2 Infrastructure. rail authority for a rail corridor means— (a) in relation to a rail corridor that is vested in or owned by ARTC or is the subject of an ARTC arrangement—ARTC, and (b) in relation to any other rail corridor—Transport for NSW. rail corridor means land— (a) that is owned, leased, managed or controlled by a public authority for the purpose of a railway or rail infrastructure facilities, or (b) that is zoned under an environmental planning instrument predominantly or solely for development for the purpose of a railway or rail infrastructure facilities, or (c) in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development (or for a concept plan for a project comprising or including development) for the purpose of a railway or rail infrastructure facilities. Note. Copies of the Minister’s approvals are available on the website of the Department of Planning and Environment. rail corridors map means the maps marked as follows and held in the head office of the Department of Planning and Environment— (a) State Environmental Planning Policy (Infrastructure) 2007—Interim Rail Corridor—CBD Rail Link & CBD Metro , (b) State Environmental Planning Policy (Transport and Infrastructure) 2021—Interim Rail Corridor—Sydney Metro West . rail infrastructure facilities include— (a) railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and (b) signalling, train control, communication and security systems, and (c) power supply (including overhead power supply) systems, and (d) railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and (e) public amenities for commuters, and (f) associated public transport facilities for railway stations, and (g) facilities for the assembly, maintenance and stabling of rolling stock, and (h) facilities for the dismantling and stabling of rolling stock taken out of service, and (i) refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and (j) railway workers’ facilities, and (k) rail freight terminals, sidings and freight intermodal facilities, and (l) buildings for or related to railway purposes, but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes. RailCorp means Rail Corporation New South Wales constituted under the Transport Administration Act 1988 .

(2) A reference in this Division to rail infrastructure facilities includes a reference to any facilities, buildings, works or infrastructure related to metro or light rail purposes.

Development permitted without consent—rail infrastructure facilities generally s 2.92: Am 2024 (654), Sch 1[20]; 2025 (692), Sch 1[22] [68] [69].

(1) Development for the purpose of a railway or rail infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

Exempt development—public authorities Note— See also section 2.21 in relation to exempt development carried out by public authorities for purposes specified in Schedule 1. s 2.95: Am 2022 (441), Sch 1[2]–[4]; 2025 (692), Sch 1[70].

(1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority, is in connection with a railway or rail infrastructure facilities and complies with section 2.20, involves no greater disturbance to the ground or vegetation than necessary, and does not result in an increase in stormwater drainage or run-off from the site concerned— (a) routine maintenance (including removal of graffiti or debris, maintenance or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment and replacement of screening of overhead bridges), (b) emergency works to protect railway infrastructure facilities, the environment or the public, (c) maintenance or replacement of identification, directional or safety signs that does not involve a change in their location or size, (d) maintenance of existing access roads, (e) slope stability works that are required for safety reasons, (f) erection, maintenance or replacement of safety barriers, (g) construction, maintenance, replacement or realignment of security fencing with a height of not more than 3.2m above ground level (existing), (h) reconstruction, maintenance or replacement of culverts or drains, (i) upgrading or maintenance of landscaping, or vegetation management, that— (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (j) installation, maintenance or replacement of— (i) temporary structures, or temporary signs, associated with alternative transport arrangements necessitated by rail track work or railway maintenance, or (ii) other signs that comply with any relevant requirements of AS 1319—1994 , Safety signs for the occupational environment and AS 4282—1997 , Control of the obtrusive effects of outdoor lighting , (k) installation and maintenance of the following— (i) seats, commuter pay stations and gates, audio or visual facilities for station announcements and impaired hearing, security cameras, waste bins, water fountains, tactile indicators, help points and emergency contact equipment, communications equipment and audio frequency induction loops, (ii) landscaping, including landscaping structures and features, not including retaining walls, (iii) bird proofing, including spikes and netting, (iv) minor platform pavement works, such as patching, sealing and re-sealing.

Exempt development s 2.107: Am 2022 (517), Sch 1[2]. Subst 2025 (692), Sch 1[75].

Roads and traffic pt 2.3, div 17. sdiv 3: Subst 2023 (80), Sch 1. Subdivision 1 Roads and road infrastructure facilities 2.108 Interpretation (1) In this Division— accredited bus service operator means a person who is— (a) accredited under Division 1 of Part 2 of the Passenger Transport Act 1990 to carry on a public passenger service, within the meaning of that Act, by means of a bus, or (b) accredited under Part 2 of the Passenger Transport Act 2014 to operate a public passenger service, within the meaning of that Act, by means of a bus. AS 1428 means the following publications— (a) Australian Standard AS 1428.1—2009 , Design for access and mobility, Part 1: General requirements for access—New building work , (b) Australian Standard AS 1428.2—1992 , Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities , (c) Australian and New Standard AS/NZS 1428.4.1:2009 , Design for access and mobility, Part 4.1: Means to assist the orientation of people with vision impairment—Tactile ground surface indicators , (d) Australian Standard AS 1428.5—2010 , Design for access and mobility, Part 5: Communication for people who are deaf or hearing impaired . bus depot means premises used for the servicing, repair, garaging or parking of buses. classified road has the same meaning as it has in the Standard Instrument. Note. The Standard Instrument defines classified road (by reference to the Roads Act 1993 ) to mean any of the following— (a) a main road, (b) a highway, (c) a freeway, (d) a controlled access road, (e) a secondary road, (f) a tourist road, (g) a tollway, (h) a transitway, (i) a State work. See the Roads Act 1993 for the meanings of the terms listed above. Disability Standards means Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E3 Productivity Support, (a2) E4 General Industrial, (a3) E5 Heavy Industrial, (a4) MU1 Mixed Use, (a) B4 Mixed Use, (b) B6 Enterprise Corridor, (c) B8 Metropolitan Centre, (d) IN1 General Industrial, (e) IN2 Light Industrial, (f) IN3 Heavy Industrial, (g) SP1 Special Activities, (h) SP2 Infrastructure, (i) SP4 Enterprise, (j) SP5 Metropolitan Centre. public road means— (a) any road that is opened or dedicated as a public road, whether under the Roads Act 1993 or any other Act or law, and (b) any road that is declared to be a public road for the purposes of the Roads Act 1993 . regular bus service means a public passenger service (within the meaning of the Passenger Transport Act 2014 ) that is conducted by bus according to regular routes and timetables and does not include a tourist service or a community transport service (within the meaning of the Passenger Transport Act 2014 ). road corridor means— (a) land that is used for the purposes of a road or road infrastructure facilities and owned or managed by a public authority, or (b) any land in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development for the purpose of a road or road infrastructure facilities. road infrastructure facilities includes— (a) tunnels, ventilation shafts, emergency accessways, vehicle or pedestrian bridges, causeways, road-ferries, retaining walls, toll plazas, toll booths, security systems, bus lanes, transit lanes, transitways, transitway stations, rest areas and road related areas (within the meaning of the Road Transport Act 2013 ), and (b) associated public transport facilities for roads used to convey passengers by means of regular bus services, and (c) bus layovers that are integrated or associated with roads (whether or not the roads are used to convey passengers by means of regular bus services), and (d) bus depots, and (e) bus stops and bus shelters, and (f) traffic control facilities (within the meaning of Part 6 of the Transport Administration Act 1988 ), TfNSW road safety training facilities and safety works, and (g) premises used for the purposes of testing and inspecting heavy vehicles (within the meaning of the Road Transport Act 2013 ) under the TfNSW Heavy Vehicle Authorised Inspection Scheme, and (h) cycleways, pedestrian pathways and shared paths. (2) In sections 2.109, 2.110A and 2.112, a reference to development for the purposes of road infrastructure facilities includes a reference to development for the following purposes if the development is carried out in connection with a road or road infrastructure facilities— (a) construction works, whether or not in a heritage conservation area, including— (i) temporary buildings or facilities for the management of construction, if they are in or adjacent to a road corridor, and (ii) creation of embankments, and (iii) extraction and stockpiling of extractive materials if— (A) the extraction and stockpiling are ancillary to road construction, or (B) the materials are used solely for road construction and the extraction and stockpiling take place in or adjacent to a road corridor, and (iv) temporary crushing or concrete batching plants, if they are used solely for road construction and are on or adjacent to a road corridor, and (v) temporary roads that are used solely during road construction, (b) emergency works or routine maintenance works, Note— See section 2.7(4) regarding emergency works and routine maintenance works on land to which State Environmental Planning Policy (Resilience and Hazards) 2021 , sections 2.7 and 2.8 apply. (c) alterations or additions to an existing road, such as widening, narrowing, duplication or reconstruction of lanes and changing the alignment or strengthening of the road, (d) environmental management works, if the works are in or adjacent to a road corridor. s 2.108: Am 2022 (727), Sch 1[21] [22]; 2024 (654), Sch 1[23] [24]; 2025 (692), Sch 1[76]. 2.109 Development permitted without consent—general (1) Development for the purpose of a road or road infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement. (2) Development for any of the following purposes may be carried out by or on behalf of a public authority without consent on land in a prescribed zone— (a) bus depots, (b) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities). (2A) The following development for the purposes of bus depots may be carried out by or on behalf of a public authority without consent on land within the boundaries of an existing bus depot— (a) the erection of a building that is— (i) no more than 12.5m high, and (ii) not located within 5m of a property boundary for a lot in a residential or conservation zone, (b) the demolition of a building. (3) s 2.109: Am 2022 (742), Sch 1[10]; 2024 (654), Sch 1[25]; 2025 (692), Sch 1[22] [77]. 2.110 Development permitted without consent—particular roads or road projects Development for the purpose of any of the following roads or road projects (as described in Schedule 2) may be carried out by or on behalf of a public authority without consent— (a) the Eastern Distributor, (b) the Cross City Tunnel, (c) the Lane Cove Tunnel, (d) the Tugun Bypass, (e) the Liverpool—Parramatta Transitway, (f) the North-West Sydney Transitway Network. 2.110A Development permitted without consent—coastal wetlands and littoral rainforest (1) This section applies to land identified as “coastal wetlands” or “littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map . (2) Development for the purposes of roads or road infrastructure facilities may be carried out by or on behalf of a public authority without development consent if— (a) the development does not involve the clearing of native vegetation from coastal wetlands or littoral rainforest, and (b) the public authority is satisfied the development— (i) includes adequate measures to minimise adverse impacts on coastal wetlands or littoral rainforest, and (ii) is not likely to significantly impact the biophysical, hydrological or ecological integrity of coastal wetlands or littoral rainforest, and (iii) is not likely to significantly impact the quantity and quality of surface and ground water flows to and from coastal wetlands, and (c) the development does not involve earthworks other than earthworks that are ancillary to the following development— (i) geotechnical testing and sampling that involves a drill hole with a diameter of no more than 120mm, (ii) surveying and the placement of survey marks, (iii) boring or directional drilling that does not disturb the surface of coastal wetlands or littoral rainforest and that involves a drill hole with a diameter of no more than 1,800mm, (iv) replacing an electricity pole with a new pole with a diameter of no more than 1,200mm, (v) installing supporting posts for a gate on an existing fence, (vi) creating a trench to lay an electricity line to connect 2 connection points that are no more than 100m apart. s 2.110A: Ins 2024 (654), Sch 1[26]. 2.111 Notification of carrying out of certain development under section 2.109, 2.110 or 2.110A without consent (1) This section applies to development that may be carried out by or on behalf of a public authority without consent under section 2.109, 2.110 or 2.110A for any of the following purposes— (a) car parks intended for use by commuters using regular bus services, (b) bus depots, (c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities). (2) Before development to which this section applies is carried out on land, the public authority concerned must— (a) give written notice of the intention to carry out the development to the council for the area in which the land is located (unless the public authority is that council) and to the occupiers of adjoining land, and (b) take into consideration any response to the notice that is received within 21 days after giving the notice. s 2.111: Am 2024 (654), Sch 1[27]. 2.112 Development permitted with consent (1) Development for the purpose of a road or road infrastructure facilities may be carried out by any person with consent on land within a special area within the meaning of the Water NSW Act 2014 . (2) Development for any of the following purposes may be carried out by any person with consent on land in a prescribed zone— (a) car parks intended for use by commuters using regular bus services, (b) bus depots, (c) permanent road maintenance depots and associated infrastructure (such as garages, sheds, tool houses, storage yards, training facilities and workers’ amenities), (d) retail or business premises in a car park (other than an at-grade car park) that is intended for use by commuters using regular bus services, but only if the premises are located on the ground floor of the car park or have street frontage, (e) retail or business premises in a public transport interchange (other than an at-grade interchange) on a route used to convey passengers by means of regular bus services, but only if the premises are located on the ground floor of the interchange or have street frontage. (3) Nothing in this section requires a public authority to obtain consent for development that is permitted without consent by section 2.109, 2.110, 2.110A or 2.113. s 2.112: Am 2024 (654), Sch 1[28]. 2.113 Exempt development (1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority or the Minister responsible for Crown roads (within the meaning of the Roads Act 1993 ) in connection with a road or road infrastructure facilities and complies with section 2.20— (a) erection, installation, maintenance, reconstruction or replacement of any of the following, and any associated landscaping works— (i) security fencing with a height above ground level (existing) of not more than 3.2m, (ii) safety barriers or systems, including Jersey barriers, (iii) directional, safety or other advisory signs relating to road works or the use of existing road infrastructure facilities, (iv) pedestrian and cyclist facilities (such as footpaths, street lighting, kerb adjustments and ramps, pedestrian fences, refuges, holding rails, and bollards), (v) slope stability works that are required for safety reasons, (v1) minor road safety improvements, (vi) minor road pavement or shoulder work (such as patching, grading, re-sheeting, sealing and re-sealing), (vii) street furniture (such as seats, bins and directional signs) and any associated kerb construction, access paths and ramps, lighting and signage that complies with AS:1428.2 and the Disability Standards, (viii) removal from or addition to existing traffic lights of items such as signal displays, loops or buttons, (ix) roadside facilities and rest areas, if the development does not involve the installation of toilets and involves no greater disturbance to the ground or vegetation than necessary, (x) street lighting, if any replacement involves the replacement of existing materials with similar materials only and if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard, (xi) pavement and road surface markings (such as bus lane markings), lane delineators, electric pavement lights, detection loops and traffic counters, (xii) kerb and guttering, (xiii) culverts, drains and other works to improve the quality or control of stormwater runoff, (xiv) public transport information display and ticketing systems, (b) repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment, replacement of screening of overhead bridges and removal of graffiti or debris, (c) emergency works to protect a road or road infrastructure facilities, the environment or the public, but only if they involve no greater disturbance to soil or vegetation than necessary, (d) upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that— (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (e) installation, replacement or maintenance of temporary structures (such as temporary bus stops, bus shelters or signs) that are associated with alternative transport arrangements necessitated by road works or road maintenance and that are removed as soon as practicable. (2) The construction of bus stops or bus shelters (including the construction or installation of any associated kerbs, access paths or ramps, lighting or signage) carried out by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if— (a) the development complies with section 2.20, and (b) the stops or shelters— (i) have a height above the footpath of not more than 3.2 metres, and (ii) have only non-reflective finishes, and (iii) do not obstruct the line of sight of vehicular traffic or pedestrian traffic, and (c) the design of any associated kerbs, access paths and ramps, lighting and signage is in accordance with AS 1428 and the Disability Standards. (3) The display of commercial advertisements on bus stops or bus shelters is not exempt development under this section. (4) Development for the purposes of maintaining bus stops or bus shelters (including maintaining any associated kerbs, access paths or ramps, lighting or signage) by or on behalf of a public authority, or an accredited bus service operator providing regular bus services at those stops or shelters, is exempt development if the development— (a) complies with section 2.20, and (b) does not involve giving the shelter or stop a reflective finish, and (c) does not cause the design of any associated kerbs, access paths or ramps, lighting or signage to be inconsistent with AS 1428 or the Disability Standards. (5) Without limiting section 2.21, development for a purpose specified in Schedule 1 is exempt development if the development— (a) is carried out by or on behalf of an accredited bus service operator providing a regular bus service, and (b) is carried out on land within the boundaries of an existing bus depot, and (c) meets the development standards for the development specified in Schedule 1, and (d) complies with section 2.20. (6) In this section— relevant development control plan means, in relation to a bus stop or bus shelter, a development control plan (as in force on the commencement of this Chapter) that has been adopted by the council for the local government area in which the stop or shelter is located. s 2.113: Am 2025 (692), Sch 1[78]. 2.114 Complying development Development on land within the boundaries of an existing bus depot is complying development if it is carried out by or on behalf of a public authority, or an accredited bus service operator who is operating a regular bus service, complies with section 2.22 and consists of— (a) the addition to or alteration of office premises, a shed, a garage or a kiosk in existence before the commencement of this section, but only if, on completion of the addition or alteration— (i) the gross floor area of the office premises, shed, garage or kiosk is not more than 25% greater than it was immediately before the commencement of this section, and (ii) the height of the office premises, shed, garage or kiosk is not more than 12m above ground level (existing), and (iii) the office premises, shed, garage or kiosk is located no closer than 5m from any adjoining property boundary, or (b) the erection of a canteen, or kiosk, for the use of employees, but only if the canteen or kiosk— (i) has a gross floor area of not more than 100m 2 , and (ii) has a height of not more than 12m above ground level (existing), and (iii) is designed, constructed and fitted-out in accordance with Australian Standard AS 4674—2004 , Design, construction and fit-out of food premises , and (iv) is located no closer than 5m from any adjoining property boundary, or (c) the erection of an amenity facility (such as a toilet block or showers) for the use of employees, but only if the facility— (i) has a gross floor area of not more than 100m 2 , and (ii) has a height of not more than 10m above ground level (existing), and (iii) is located no closer than 5m from any adjoining property boundary, or (d) the demolition of any of the following buildings— (i) a building having a gross floor area of not more than 250m 2 , (ii) a building the erection of which is exempt development under this Chapter, (iii) a building the erection of which is complying development under this section, or (e) the erection of a fence or a gate (including a security boom gate) having a height of not more than 5m above ground level (existing), or (f) the erection of a building consisting of a switch room, security booth, shed or the like, but only if— (i) the gross floor area of the building is not more than 500m 2 , and (ii) the building is 1 storey high, and (iii) the height of the building is not more than 12m above ground level (existing), and (iv) the building is located no closer than 5m from any adjoining property boundary, or (g) the erection of a rainwater or grey water tank having a storage capacity of not more than 20,000 litres of water, or (h) the installation or replacement of paving, but only if— (i) any uncontaminated stormwater that traverses the new paving is directed to a stormwater management system, and (ii) in a case where it is proposed that there be any fuel stored or any refuelling on the paved area—the paved area is bunded so that any fuel spilled on the paved area is contained. Note. The relevant water supply authority should be contacted in relation to any controls on the disposal of contaminated liquids. 2.115 Complying development certificate conditions—additional conditions A complying development certificate for development referred to in section 2.114 is subject to the following conditions (in addition to the conditions set out in section 2.23)— (a) suitable screens or barricades must be erected prior to any demolition, excavation or building work in order to control dust emissions from the site, (b) in the case of development referred to in section 2.114(b), (c) or (f)—the principal certifying authority for the development must be given the following survey certificates prepared by a registered land surveyor— (i) before any form work below the ground floor slab is completed or (if there is no such form work) before the concrete is poured for the ground floor slab—a survey certificate showing the location of the proposed building relative to the property boundaries, (ii) on completion of the lowest floor—a survey certificate confirming that the levels correspond to the levels shown on the plans in respect of which the complying development certificate is issued. Subdivision 2 Development in or adjacent to road corridors and road reservations 2.116 Development other than road facilities on public roads (1) Development may be carried out with consent on a public road that is unzoned land for any purpose that may be carried out (either with or without consent) on land adjoining the road. (2) Development for any purpose may be carried out by a public authority without consent on a public road that is unzoned land. 2.117 Highway service centres in road corridors (1) Development for the purpose of a highway service centre may be carried out in a road corridor for a controlled access road, highway, freeway, main road or tollway only with consent. (2) In this section, controlled access road , highway , freeway , main road and tollway have the same meanings as in the Roads Act 1993 . s 2.117: Am 2025 (692), Sch 1[79] [80]. 2.118 Development on proposed classified road (1) Consent for development for any of the following purposes on land reserved for the purposes of a classified road (but before the land is declared to be a classified road) may be granted only with the concurrence of TfNSW— (a) subdivision that results in the creation of an additional lot with dwelling entitlements, (b) development with an estimated development cost greater than $185,000, (c) development for the purpose of dwellings that are, or any other building that is, to be held under strata title. (2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration any response to the notice that is received within 21 days after the notice is given. (3) In deciding whether to grant concurrence to proposed development under this section, TfNSW must take the following matters into consideration— (a) the need to carry out development for the purposes of a classified road or a proposed classified road, (b) the imminence of acquisition of the land by TfNSW, (c) the likely additional cost to TfNSW resulting from the carrying out of the proposed development. (4) The consent authority must give TfNSW a copy of the determination of the application within 7 days after the determination is made. (5) The consent authority may grant consent to development to which this section applies without the concurrence of TfNSW if— (a) the consent authority has given the chief executive officer notice of the development application, and (b) 21 days have passed since giving the notice and the chief executive officer has not granted or refused to grant the concurrence. s 2.118: Am 2023 (523), Sch 2.8[2]. 2.119 Development with frontage to classified road (1) The objectives of this section are— (a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and (b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads. (2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that— (a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of— (i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and (c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road. 2.120 Impact of road noise or vibration on non-road development (1) This section applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles (based on the traffic volume data published on the website of TfNSW) and that the consent authority considers is likely to be adversely affected by road noise or vibration— (a) residential accommodation, (b) a place of public worship, (c) a hospital, (d) an educational establishment or centre-based child care facility. (2) Before determining a development application for development to which this section applies, the consent authority must take into consideration any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded— (a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10 pm and 7 am, (b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time. (3A) Subsection (3) does not apply to a building to which State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 7 applies. (4) In this section, freeway , tollway and transitway have the same meanings as they have in the Roads Act 1993 . s 2.120: Am 2022 (451), Sch 3; 2022 (517), Sch 1[1]. 2.121 Excavation in or immediately adjacent to corridors (1) This section applies to development that involves the penetration of ground to a depth of at least 3m below ground level (existing) on land that is the road corridor of any of the following roads or road projects (as described in Schedule 2)— (a) the Eastern Distributor, (b) the Cross City Tunnel, (c) the Lane Cove Tunnel, (d) the Tugun Bypass, (e) the Liverpool—Parramatta Transitway, (f) the North-West Sydney Transitway Network, (g) the Gore Hill Freeway, (h) the Western Distributor, (i) Southern Cross Drive, (j) the Cahill Expressway, (k) General Holmes Drive, (l) the Hume Motorway, (m) the M1 Pacific Motorway, (n) the M2, (o) the M4, (p) the M5, (q) the M4–M5 link, (r) the M7, (s) NorthConnex, (t) the Sydney Harbour Tunnel, (u) the King Georges Road Interchange, (v) the Pacific Highway. (2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines that are issued by the Planning Secretary for the purposes of this section and published in the Gazette, and (iii) any implications of the ground penetration for the structural integrity of the road or project, and (iv) any cost implications for the road or project of the ground penetration. (3) The consent authority must provide TfNSW with a copy of the determination of the application within 7 days after the determination is made. s 2.121: Am 2022 (517), Sch 1[1]. 2.122 Traffic-generating development (1) This section applies to development specified in Column 1 of the Table to Schedule 3 that involves— (a) new premises of the relevant size or capacity, or (b) an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity. (2) In this section, relevant size or capacity means— (a) in relation to development on a site that has direct vehicular or pedestrian access to any road (except as provided by paragraph (b))—the size or capacity specified opposite that development in Column 2 of the Table to Schedule 3, or (b) in relation to development on a site that has direct vehicular or pedestrian access to a classified road or to a road that connects to a classified road where the access (measured along the alignment of the connecting road) is within 90m of the connection—the size or capacity specified opposite that development in Column 3 of the Table to Schedule 3. (3) A public authority, or a person acting on behalf of a public authority, must not carry out development to which this section applies that this Chapter provides may be carried out without consent unless the authority or person has— (a) given written notice of the intention to carry out the development to TfNSW in relation to the development, and (b) taken into consideration any response to the notice that is received from TfNSW within 21 days after the notice is given. (4) Before determining a development application for development to which this section applies, the consent authority must— (a) give written notice of the application to TfNSW within 7 days after the application is made, and (b) take into consideration— (i) any submission that RMS provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, TfNSW advises that it will not be making a submission), and (ii) the accessibility of the site concerned, including— (A) the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and (B) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and (iii) any potential traffic safety, road congestion or parking implications of the development. (5) The consent authority must give TfNSW a copy of the determination of the application within 7 days after the determination is made. 2.122A Traffic-generating development—exemption for Accelerated TOD Precincts (1) Section 2.122 does not apply to development for the purposes of residential accommodation on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map . (2) This section does not apply in relation to— (a) a development application made, but not finally determined, before the commencement of this section, or (b) a development application made on or after 30 November 2027. (3) In this section— Accelerated Transport Oriented Development Precincts Rezoning Areas Map has the same meaning as in State Environmental Planning Policy (Housing) 2021 . s 2.122A: Ins 2024 (594), Sch 4. Subdivision 3 Electric vehicle charging units 2.123 Definitions In this Subdivision— advertising-enabled EV charging unit — (a) means an EV charging unit that includes a screen or other display capable of displaying advertisements, and (b) includes an advertisement displayed on the screen or other display. electricity supply authority and electricity transmission or distribution network have the same meanings as in this Part, Division 5. EV charging unit means electric vehicle supply equipment intended to be used to deliver electricity to charge the battery of an electric vehicle. installation includes construction or erection. street furniture — (a) includes parking meters, telephone booths, rubbish bins or recycling bins, planter boxes, street signs, benches and bollards, and (b) does not include electricity or lighting poles or bus stops. s 2.123: Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[29]. 2.124 Development permitted without consent—electricity supply authorities and public authorities Development for the purposes of installing an EV charging unit may be carried out by or on behalf of an electricity supply authority or a public authority without consent if— (a) the unit is installed on land owned or controlled by an electricity supply authority or a public authority, and (b) the unit is installed on a footpath adjacent to an area where a motor vehicle may lawfully be parked, and (c) the unit is not installed on, or attached to, an existing building other than— (i) an electricity substation that is part of an electricity transmission or distribution network, or (ii) an electricity or lighting pole that is part of an electricity transmission or distribution network and to which a transformer is not attached, or (iii) street furniture, and (d) for a unit that is not installed on, or attached to, an existing building—the unit is installed— (i) if installed near a kerb—at least 30cm behind the face of the kerb, or (ii) otherwise—at least 1m from a public road, and (e) the unit is installed in accordance with specifications or instructions issued by the manufacturer of the unit, and (f) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , and (g) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (h) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (h1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (i) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iii) if illuminated—is not animated, flashing or moving. s 2.124: Subst 2023 (80), Sch 1. Am 2024 (654), Sch 1[30]–[34]. 2.124A Development permitted with consent—generally (1) Development for the purposes of installing an EV charging unit may be carried out with consent if— (a) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (b) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (c) for an advertising-enabled EV charging unit— (i) the unit is not installed on land in a residential zone, and (ii) each screen or display of the unit— (A) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (B) if illuminated—is not animated, flashing or moving. (2) s 2.124A: Ins 2023 (80), Sch 1. Am 2023 (458), Sch 3.6[1]–[3]; 2024 (654), Sch 1[35]. 2.124B Development permitted with consent—residential premises (1) Development for the purposes of installing an EV charging unit may be carried out with consent on relevant public land if— (a) the unit is installed adjacent to an area where a motor vehicle may lawfully be parked, and (b) the consent authority is satisfied the unit is— (i) for the non-commercial use of an owner or occupier of the adjacent residential premises, and (ii) connected to the electricity meter of the owner or occupier, and (c) all cables providing electrical power to the unit are located underground, and (d) the unit is able to be fully retracted underground when not in use, and (e) the unit is installed in accordance with specifications or instructions issued by the manufacturer of the unit. (2) This section does not apply to an advertising-enabled EV charging unit. (3) In this section— relevant public land means public land that— (a) immediately adjoins a public road, and (b) is adjacent to residential premises. s 2.124B: Ins 2023 (80), Sch 1. 2.124C Development permitted with consent—buildings used for recharging or exchanging batteries Development involving the erection of a building used for the purposes of recharging or exchanging the batteries of electric vehicles may be carried out with consent on land adjoining a public road— (a) in a prescribed zone, or (b) on which there is an existing service station, highway service centre or car washing facility. s 2.124C: Ins 2023 (80), Sch 1. 2.124D Exempt development—certain premises (1) Development for the purposes of installing an EV charging unit is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed— (i) in or adjacent to a parking space associated with a building, or (ii) in relevant premises and adjacent to an area where a motor vehicle may lawfully be parked, and (c) (d) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , (iii) if the unit is installed in a service station or highway service centre— AS/NZS IEC 60079.10.1:2022 , Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres , and (e) the unit does not obstruct vehicular or pedestrian access to or from, or entry into, a building, and (f) the unit does not extend onto or above a public road, and (g) the unit is not installed on an electricity or lighting pole, and (g1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (h) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. (2) In this section— relevant premises means the following— (a) a bus depot, (b) a car park, (c) a car washing facility, (d) a highway service centre, (e) a public administration building, (f) a road maintenance depot, (g) a service station. s 2.124D: Ins 2023 (80), Sch 1. Am 2024 (115), Sch 1[1] [2]; 2024 (654), Sch 1[34] [36]. 2.124E Exempt development—existing electricity or lighting poles Development for the purposes of installing an EV charging unit on an existing electricity or lighting pole is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed on, or attached to, an existing electricity or lighting pole that is— (i) not a pole to which a transformer is attached, and (ii) part of an electricity transmission or distribution network, and (iii) adjacent to an area where a motor vehicle may lawfully be parked, and (c) the unit does not contain batteries capable of storing a total of more than 1kWh of energy, and (d) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (e) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (f) the charging cables of the unit are able to be fully contained within the unit when the unit is not in use, and (g) when the charging cables of the unit are fully contained within the unit, no part of the unit extends onto or above a public road, and (g1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (h) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. s 2.124E: Ins 2023 (80), Sch 1. Am 2024 (452), Sch 1; 2024 (654), Sch 1[34] [37]. 2.124F Exempt development—existing street furniture Development for the purposes of installing an EV charging unit carried out by or on behalf of an electricity supply authority or a public authority is exempt development if— (a) the development complies with section 2.20, and (b) the unit is installed on, or attached to, an existing piece of street furniture, and (c) the unit is installed adjacent to an area where a motor vehicle may lawfully be parked, and (d) the unit complies with the following standards— (i) AS/NZS 3000:2018 , Electrical installations , (ii) AS/NZS 4417.2:2020 , Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory applications , and (e) the unit does not obstruct the following— (i) vehicular, cyclist or pedestrian access to or from, or entry into, a building, (ii) cyclist or pedestrian movement along a cycleway or footpath, and (f) the unit does not obstruct access to, or interfere with, a structure, device, fixture or equipment used for firefighting or fire protection, including a fire hydrant, and (g) the charging cables of the unit are able to be fully contained within the unit when the unit is not in use, and (h) when the charging cables of the unit are fully contained within the unit, no part of the unit extends onto or above a public road, and (h1) for an advertising-enabled EV charging unit—the unit is not installed on land in a residential zone, and (i) for an advertising-enabled EV charging unit—each screen or display of the unit— (i) is integrated within the frame of the unit, and (ii) does not have a surface area greater than 3m 2 , and (iii) complies with AS/NZS 4282:2019 , Control of the obtrusive effects of outdoor lighting , and (iv) if illuminated—is not animated, flashing or moving. s 2.124F: Ins 2023 (80), Sch 1. Am 2024 (654), Sch 1[34] [38] [39].

Interpretation s 2.108: Am 2022 (727), Sch 1[21] [22]; 2024 (654), Sch 1[23] [24]; 2025 (692), Sch 1[76].

(1) In this Division— accredited bus service operator means a person who is— (a) accredited under Division 1 of Part 2 of the Passenger Transport Act 1990 to carry on a public passenger service, within the meaning of that Act, by means of a bus, or (b) accredited under Part 2 of the Passenger Transport Act 2014 to operate a public passenger service, within the meaning of that Act, by means of a bus. AS 1428 means the following publications— (a) Australian Standard AS 1428.1—2009 , Design for access and mobility, Part 1: General requirements for access—New building work , (b) Australian Standard AS 1428.2—1992 , Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities , (c) Australian and New Standard AS/NZS 1428.4.1:2009 , Design for access and mobility, Part 4.1: Means to assist the orientation of people with vision impairment—Tactile ground surface indicators , (d) Australian Standard AS 1428.5—2010 , Design for access and mobility, Part 5: Communication for people who are deaf or hearing impaired . bus depot means premises used for the servicing, repair, garaging or parking of buses. classified road has the same meaning as it has in the Standard Instrument. Note. The Standard Instrument defines classified road (by reference to the Roads Act 1993 ) to mean any of the following— (a) a main road, (b) a highway, (c) a freeway, (d) a controlled access road, (e) a secondary road, (f) a tourist road, (g) a tollway, (h) a transitway, (i) a State work. See the Roads Act 1993 for the meanings of the terms listed above. Disability Standards means Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth. prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones— (a1) E3 Productivity Support, (a2) E4 General Industrial, (a3) E5 Heavy Industrial, (a4) MU1 Mixed Use, (a) B4 Mixed Use, (b) B6 Enterprise Corridor, (c) B8 Metropolitan Centre, (d) IN1 General Industrial, (e) IN2 Light Industrial, (f) IN3 Heavy Industrial, (g) SP1 Special Activities, (h) SP2 Infrastructure, (i) SP4 Enterprise, (j) SP5 Metropolitan Centre. public road means— (a) any road that is opened or dedicated as a public road, whether under the Roads Act 1993 or any other Act or law, and (b) any road that is declared to be a public road for the purposes of the Roads Act 1993 . regular bus service means a public passenger service (within the meaning of the Passenger Transport Act 2014 ) that is conducted by bus according to regular routes and timetables and does not include a tourist service or a community transport service (within the meaning of the Passenger Transport Act 2014 ). road corridor means— (a) land that is used for the purposes of a road or road infrastructure facilities and owned or managed by a public authority, or (b) any land in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development for the purpose of a road or road infrastructure facilities. road infrastructure facilities includes— (a) tunnels, ventilation shafts, emergency accessways, vehicle or pedestrian bridges, causeways, road-ferries, retaining walls, toll plazas, toll booths, security systems, bus lanes, transit lanes, transitways, transitway stations, rest areas and road related areas (within the meaning of the Road Transport Act 2013 ), and (b) associated public transport facilities for roads used to convey passengers by means of regular bus services, and (c) bus layovers that are integrated or associated with roads (whether or not the roads are used to convey passengers by means of regular bus services), and (d) bus depots, and (e) bus stops and bus shelters, and (f) traffic control facilities (within the meaning of Part 6 of the Transport Administration Act 1988 ), TfNSW road safety training facilities and safety works, and (g) premises used for the purposes of testing and inspecting heavy vehicles (within the meaning of the Road Transport Act 2013 ) under the TfNSW Heavy Vehicle Authorised Inspection Scheme, and (h) cycleways, pedestrian pathways and shared paths.

Development permitted without consent—general s 2.109: Am 2022 (742), Sch 1[10]; 2024 (654), Sch 1[25]; 2025 (692), Sch 1[22] [77].

(1) Development for the purpose of a road or road infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved or acquired under the National Parks and Wildlife Act 1974 only if the development— (a) (b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or (c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

Exempt development s 2.113: Am 2025 (692), Sch 1[78].

(1) Development for any of the following purposes is exempt development if it is carried out by or on behalf of a public authority or the Minister responsible for Crown roads (within the meaning of the Roads Act 1993 ) in connection with a road or road infrastructure facilities and complies with section 2.20— (a) erection, installation, maintenance, reconstruction or replacement of any of the following, and any associated landscaping works— (i) security fencing with a height above ground level (existing) of not more than 3.2m, (ii) safety barriers or systems, including Jersey barriers, (iii) directional, safety or other advisory signs relating to road works or the use of existing road infrastructure facilities, (iv) pedestrian and cyclist facilities (such as footpaths, street lighting, kerb adjustments and ramps, pedestrian fences, refuges, holding rails, and bollards), (v) slope stability works that are required for safety reasons, (v1) minor road safety improvements, (vi) minor road pavement or shoulder work (such as patching, grading, re-sheeting, sealing and re-sealing), (vii) street furniture (such as seats, bins and directional signs) and any associated kerb construction, access paths and ramps, lighting and signage that complies with AS:1428.2 and the Disability Standards, (viii) removal from or addition to existing traffic lights of items such as signal displays, loops or buttons, (ix) roadside facilities and rest areas, if the development does not involve the installation of toilets and involves no greater disturbance to the ground or vegetation than necessary, (x) street lighting, if any replacement involves the replacement of existing materials with similar materials only and if the lighting minimises light spill and artificial sky glow in accordance with the Lighting for Roads and Public Spaces Standard, (xi) pavement and road surface markings (such as bus lane markings), lane delineators, electric pavement lights, detection loops and traffic counters, (xii) kerb and guttering, (xiii) culverts, drains and other works to improve the quality or control of stormwater runoff, (xiv) public transport information display and ticketing systems, (b) repair or replacement of lighting, mechanical systems, electrical equipment or air monitoring equipment, replacement of screening of overhead bridges and removal of graffiti or debris, (c) emergency works to protect a road or road infrastructure facilities, the environment or the public, but only if they involve no greater disturbance to soil or vegetation than necessary, (d) upgrading or maintenance of landscaping, or vegetation management (such as weed spraying, slashing and pruning), that— (i) does not involve construction works, and (ii) involves the replacement (if any) of existing materials with similar materials only, (e) installation, replacement or maintenance of temporary structures (such as temporary bus stops, bus shelters or signs) that are associated with alternative transport arrangements necessitated by road works or road maintenance and that are removed as soon as practicable.

Highway service centres in road corridors s 2.117: Am 2025 (692), Sch 1[79] [80].

(1) Development for the purpose of a highway service centre may be carried out in a road corridor for a controlled access road, highway, freeway, main road or tollway only with consent.

(2) In this section, controlled access road , highway , freeway , main road and tollway have the same meanings as in the Roads Act 1993 .

Development permitted with or without consent s 2.126: Am 2024 (115), Sch 1[3] [4]; 2025 (692), Sch 1[22] [81].

Definitions In this Division and Schedule 4— ancillary facilities to a telecommunications facility means any of the following— (a) safety rails, fences or guards, (b) staircases or ladders, (c) steel walkways, (d) spreader beams supporting shelters, (e) screens or shrouds, (f) cable trays, (g) pole, rail or pedestal mounts, (h) electromagnetic energy, safety or operational signage, (i) anti-climbing devices, (j) power supply such as cabling, standby generators or small solar arrays, (k) raised platforms on flood liable land, (l) band-pass filters that pass radio frequency in both directions through a common connector while providing isolation between ports, For example— A triplexer, splitter or combiner. (m) remote radio transceivers that connect to an operator radio control panel through an electrical or wireless interface, For example— A remote radio unit or remote radio head. (n) low-noise amplifiers mounted to or near the antenna in mobile masts or base transceiver stations. For example— A tower mounted amplifier or mast head amplifier. array of antennas means two or more antennas connected and arranged in a regular structure to form a single antenna. carrier has the same meaning as in the Telecommunications Act 1997 of the Commonwealth. Civil Aviation Safety Authority means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth. co-location purpose means for the purpose of placing the telecommunications facilities of two or more carriers on the same support structure. directional antenna means an antenna that focuses a narrow beam in a single specific direction, and includes an array of such antennas. Electromagnetic Radiation Standard means the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2014 made under section 162 of the Radiocommunications Act 1992 of the Commonwealth. emergency , in relation to a telecommunications facility, means circumstances in which the facility must be installed without delay to protect— (a) the integrity of a telecommunications network or a facility, or (b) the health or safety of persons, or (c) the environment, or (d) property, or (e) the maintenance of an adequate level of service. fibre access node means a facility that houses equipment for the purposes of a fibre to the premises distribution network. fibre to the premises distribution network means an extensive network of optical fibre cables reaching all the way to the particular premises to which communications services are provided. heritage item means a local heritage item or a State heritage item. interconnect point means a facility that contains connection points for connection to a distribution network by wholesale or retail telecommunications service providers. maintenance activities , in relation to a telecommunications facility, means painting, restoration or minor replacement of materials, elements, components, equipment or fixtures that comprise the facility for the purposes of maintaining or ensuring the proper functioning of the facility. microcell installation means an installation that comprises one or more antennas and associated equipment cabinets for use in supplementing a mobile phone network in heavy usage areas by providing localised additional coverage or extra call capacity (or both). Mobile Phone Base Station Code means the Mobile Phone Base Station Deployment Code C564:2020 published by Communications Alliance Ltd. omnidirectional antenna means an antenna that sends or receives signals equally in all directions, and includes— (a) an array of such antennas, and (b) such an antenna for repeater installations, global positioning systems and the like. panel antenna means a directional antenna that is flat and has a panel-like appearance. premises connection device means an external or pole mounted enclosure used in fibre to the premises distribution networks. Radiation Protection Standard means the Radiation Protection Standard entitled Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz (2002, Radiation Protection Series No 3, as republished in 2016) published by the Australian Radiation Protection and Nuclear Safety Agency. riser pole means a structure, involving a support and post, attached to a building and extending vertically to facilitate a connection to premises by providing a safe clearance height. subscriber connection means an installation for the sole purpose of connecting premises to a telecommunications network. support mount , in relation to a telecommunications facility, means a structure to support the facility, but does not include a tower. telecommunications facility means— (a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or (c) any other thing used in or in connection with a telecommunications network. telecommunications network has the same definition as it has in the Standard Instrument. Note. The Standard Instrument defines telecommunications network as follows— telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both. tower means a freestanding ground-based structure that supports a telecommunications facility at a height where it can satisfactorily send and receive radio waves, but does not include the facility. yagi antenna means an antenna that radiates in only one direction, consisting of one or two dipoles connected to the transmitting or receiving circuit, and several insulated dipoles all parallel and about equally spaced in a line. s 2.140: Am 2022 (132), Sch 1[8]–[10]; 2025 (692), Sch 1[82].

Exempt development s 2.144: Am 2025 (692), Sch 1[44].

(1) Development carried out by or on behalf of any person on land in connection with a telecommunications facility is exempt development if— (a) it is for any of the purposes specified in Part 1 of Schedule 4, and (b) it meets the development standards (if any) for the development specified in Part 1 of Schedule 4, and (c) it complies with section 2.20, and (d) the land on which the development is proposed to be carried out is not located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , and (e) in the case of development that is development of a kind to which the Mobile Phone Base Station Code applies— (i) it complies with that Code, and (ii) it is designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, and Note. If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard. (f) in the case of development for the purpose of boring or directional drilling in connection with a telecommunications facility or for the purpose of an underground conduit or cable deployed by either trench or direct burial— (i) access to business premises is not restricted between the hours of 7 am and 5 pm, Monday to Friday, or such other hours agreed to by the relevant local government authority (ie, any hours within the range of 7 am to 5 pm), and (ii) where the development is on land in Zone R1, R2, R3, R4, R5 or RU5—not more than 100 metres of excavation is left open at any time and vehicle access to each affected property is not lost for more than 8 hours in total, and (g) it complies with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 , Airports (Protection of Airspace) Regulations 1996 or Defence (Areas Control) Regulations 1989 of the Commonwealth, and Note See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements. (h) it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and

Development permitted without consent—general s 2.159: Am 2023 (458), Sch 3.6[4] [5]; 2024 (654), Sch 1[9]; 2025 (692), Sch 1[22] [83]–[85].

(2) Development for the purpose of water storage facilities may be carried out without consent if it is carried out by or on behalf of— (a) any public authority on land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone SP1 Special Activities or Zone SP2 Infrastructure, or (b) Water NSW or Sydney Water Corporation.

Development permitted with consent s 2.161: Am 2024 (654), Sch 1[45]; 2025 (692), Sch 1[86].

Interpretation s 3.3: Am 2022 (742), Sch 1[13]; 2023 (83), Sch 2.6[2]; 2023 (609), Sch 2.22[3]; 2024 (585), Sch 1[13]; 2025 (692), Sch 1[88].

(2) In this Chapter— Acid Sulfate Soils Map means a map in an environmental planning instrument that identifies land containing acid sulfate soil. Blue Book means Managing Urban Stormwater: Soils and Construction (4th edition, Landcom, 2004), as in force at the commencement of this Chapter. bush fire attack level-40 (BAL-40) has the same meaning as in AS 3959:2018 , Construction of buildings in bushfire-prone areas . campus student accommodation , in relation to a school, university or TAFE establishment, means residential accommodation that is— (a) associated with the school, university or TAFE establishment, and (b) principally for students enrolled at the school, university or TAFE establishment, and (c) not located on land outside the boundaries of the school, university or TAFE establishment, and (d) designed primarily for shared living with common spaces and shared facilities provided for residents. Child Care Planning Guideline means the Child Care Planning Guideline approved by the Planning Secretary and published in the Gazette on 1 October 2021. draft heritage conservation area means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to community consultation. draft heritage item means a building, work, place, tree, archaeological site or Aboriginal object that is identified as a heritage item in a local environmental plan that has been subject to community consultation. environmental management works means— (a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and (b) environmental protection works. flame zone (BAL-FZ) has the same meaning as in AS 3959:2018 , Construction of buildings in bushfire-prone areas . flood control lot has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . Flood Risk Management Manual means the Flood Risk Management Manual , ISBN 978-1-923076-17-4 , published by the NSW Government in June 2023. foreshore area means the land between a foreshore building line and the mean high water mark of an adjacent waterbody (natural). grasslands has the same meaning as in Planning for Bush Fire Protection . heritage conservation area means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument. interim rail corridor has the same meaning as it has in clause 78 of State Environmental Planning Policy (Infrastructure) 2007 . Level 5 qualified arborist means an arborist with a minimum AQF level 5 in Arboriculture under the Australian Qualifications Framework (within the meaning of section 7 of the Higher Education Act 2001 ). local heritage item means— (a) a building, work, place, relic, tree or archaeological site that is identified as a heritage item (or by a similar description) in a local environmental plan, or (b) an Aboriginal object, or (b1) a place declared under the National Parks and Wildlife Act 1974 , section 84 to be an Aboriginal place for the purposes of that Act, or (c) an item of local heritage significance, as defined by the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act. National Quality Framework means the national education and care services quality framework within the meaning of the Children (Education and Care Services) National Law (NSW) . Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021 , section 271. rail corridor means land— (a) that is owned, leased, managed or controlled by a public authority for the purpose of a railway or rail infrastructure facilities, or (b) that is zoned under an environmental planning instrument predominantly or solely for development for the purpose of a railway or rail infrastructure facilities, or (c) in respect of which the Minister has granted approval under Part 3A or Division 5.2 or (before its repeal) Division 4 of Part 5 of the Act, or consent under Part 4 of the Act, for the carrying out of development (or for a concept plan for a project comprising or including development) for the purpose of a railway or rail infrastructure facilities. Note. Copies of the Minister’s approvals are available on the website of the Department of Planning and Environment. rail infrastructure facilities include— (a) railway tracks, associated track structures, cuttings, drainage systems, fences, tunnels, ventilation shafts, emergency accessways, bridges, embankments, level crossings and roads, pedestrian and cycleway facilities, and (b) signalling, train control, communication and security systems, and (c) power supply (including overhead power supply) systems, and (d) railway stations, station platforms and areas in a station complex that commuters use to get access to the platforms, and (e) public amenities for commuters, and (f) associated public transport facilities for railway stations, and (g) facilities for the assembly, maintenance and stabling of rolling stock, and (h) facilities for the dismantling and stabling of rolling stock taken out of service, and (i) refuelling depots, garages, maintenance facilities and storage facilities that are for the purposes of a railway, and (j) railway workers’ facilities, and (k) rail freight terminals, sidings and freight intermodal facilities, and (l) buildings for or related to railway purposes, but do not include buildings or works that are for residential, retail or business purposes and unrelated to railway purposes. railway station includes any station for a metro railway (within the meaning of the Transport Administration Act 1988 ). site compatibility certificate means a certificate issued under section 3.14(5). Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act. State heritage item means an item of State heritage significance, as defined by the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act. State land means— (a) Crown land within the meaning of the Crown Land Management Act 2016 , or (b) any other land of the Crown or vested in a Minister on behalf of the Crown, or (c) land owned by a public authority other than— (i) a council or other body established under the Local Government Act 1993 , or (ii) (to the extent that it is prescribed as a public authority under the Act) a non-government school. TAFE establishment has the same meaning as in the Technical and Further Education Commission Act 1990 . tertiary institution means a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act. the Act means the Environmental Planning and Assessment Act 1979 . the Regulation means the Environmental Planning and Assessment Regulation 2000 . university means an Australian university within the meaning of the Higher Education Act 2001 . Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

Exempt development for Schedule 5 purposes carried out by public authorities in connection with educational establishments s 3.17: Am 2022 (742), Sch 1[14]; 2025 (291), Sch 3[3]; 2025 (692), Sch 1[89] [90].

(1) Development for a purpose specified in Schedule 5 is exempt development if— (a) it is carried out by or on behalf of a public authority in connection with— (i) an existing educational establishment or approved school, or (ii) existing campus student accommodation on land within the boundaries of the educational establishment, or (iii) an existing educational establishment or existing campus student accommodation on land within the boundaries of the educational establishment that is being used for the purposes of temporary housing. (b) it meets the development standards for the development specified in Schedule 5. Note. Exempt development must also comply with the general requirements in section 3.16.

General requirements for complying development s 3.18: Am 2022 (629), Sch 3.19[5]; 2023 (523), Sch 2.8[3]–[7]; 2025 (692), Sch 1[91].

(2) To be complying development, the development must— (a) meet the general requirements for complying development set out in clause 1.17A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , and (b) not be exempt development under this Chapter, and (c) be permissible, with development consent, under an environmental planning instrument applying to the land on which the development is carried out, and (d) meet the relevant provisions of the Building Code of Australia , and (e) not involve the removal or pruning of a tree or other vegetation that requires a permit or approval, unless the removal or pruning is undertaken in accordance with a permit or approval, and Note— A permit or approval may be granted under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 2. (f) not be carried out within 1 metre of any public sewer, if the development comprises the erection of a building, except with the written approval of the authority that has management or control of that sewer, and (g) if it is on land that is— (i) within or above a rail corridor or interim rail corridor, or (ii) within 25 metres (measured horizontally) of a rail corridor or interim rail corridor, or (iii) within 25 metres (measured horizontally) of the ground directly above an underground rail corridor or an underground interim rail corridor, not involve excavation to a depth greater than 2 metres below ground level (existing) on the land, and (h) if it is on land that is in or immediately adjacent to a rail corridor, must not involve the use of a crane in the air space above any rail corridor. Note. A service approval is required to operate an early education and care facility that is an education and care service to which the Children (Education and Care Services) National Law (NSW) applies or a State regulated education and care service to which the Children (Education and Care Services) Supplementary Provisions Act 2011 applies. Approved services are subject to various operational requirements under that legislation, including requirements for the physical environment of the approved service.

Existing or approved government schools—development permitted without consent Note. Section 100B(3) of the Rural Fires Act 1997 requires a person to obtain a bush fire safety authority under that Act before developing bush fire prone land for a special fire protection purpose such as a school. s 3.37: Am 2022 (742), Sch 1[16]; 2024 (585), Sch 1[17]–[26]; 2025 (352), Sch 1[3] [4]; 2025 (692), Sch 1[92]–[94].

(1) Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing or approved government school— (a) construction, operation or maintenance of any of the following— (i) a library or an administration building, (ii) a portable classroom, including a modular or prefabricated classroom, (iii) a permanent classroom, (iv) a kiosk or shop selling school-related goods to students and staff, such as books, stationery or school uniforms, (v) a cafeteria or canteen carried out in accordance with AS 4674—2004 Design, construction and fit-out of food premises , (vi) a car park, (vii) a building to be used for the purposes of a relevant preschool, (viii) a hall with an associated covered outdoor learning area or kiosk, (ix) an outdoor learning or play area and associated awning or canopy, (ixa) a storage or maintenance facility, (x) staff accommodation, (a1) construction of a sporting field or any type of court used for sports that uses synthetic turf, (b) minor alterations or additions, such as— (i) internal fitouts, alterations or additions to enable plant or equipment to be installed, or (ii) alterations or additions to address work health and safety requirements or to provide access for people with a disability, or (iii) alterations or additions to the external facade of a building that do not increase the building envelope (for example, porticos, balcony enclosures or covered walkways), (c) restoration, replacement or repair of damaged buildings or structures, (d) security measures, including fencing, lighting and security cameras, (e) demolition of structures or buildings (unless a State heritage item or local heritage item), (f) if the land is in a prescribed zone—construction, operation or maintenance of a building associated with the operation of the school.

Existing and approved schools—exempt development s 3.39: Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[6]; 2024 (585), Sch 1[29]–[33]; 2025 (291), Sch 3[4]; 2025 (692), Sch 1[95]–[98].

(1) Development for any of the following purposes is exempt development if it is on land within the boundaries of an existing or approved school and complies with any requirements of this subsection that apply to the development— (a) an awning or canopy attached to a building, that is more than 1 metre from any property boundary, (a1) an awning or canopy associated with a sporting field or any type of court used for sport, (b) the removal or pruning of a tree that has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety or of damage to infrastructure, but only if a replacement tree that is capable of achieving a mature height of 3 metres or more is planted within the grounds of the school, (c) landscaping, including irrigation schemes, whether using recycled or other water, and landscape structures or features, such as artworks, (d) play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is more than 1.2 metres from any fence, (e) routine maintenance (including earthworks associated with playing field regrading or landscaping), (f) walking paths (including raised walking paths), boardwalks, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, (g) a sporting field or any type of court used for sport, other than a sporting field or court that uses synthetic turf, (g1) despite paragraph (g), the maintenance or replacement of a sporting field or any type of court used for sports that uses synthetic turf, (h) the use of existing facilities or buildings for the purposes of school-based child care between the hours of 7:00am and 7:00pm on a weekday only, whether or not it is a commercial use of the establishment, (i) the use of existing facilities or buildings for the physical, social, cultural or intellectual development or welfare of the community, whether or not it is a commercial use of the establishment, (i1) the use of existing facilities or buildings for the purposes of a relevant preschool that provides preschool care for no more than 50 children, (j) an amenities building, workshop or storage shed— (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, (k) environmental management works, (l) a short-term portable classroom (including its removal)— (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, and (iii) that is removed within 48 months of being installed, (m) demolition of buildings or structures that are not a State or local heritage item or within a heritage conservation area if— (i) the demolition is carried out in accordance with AS 2601–2001 , The demolition of structures , and (ii) the demolition covers an area of 250m 2 or less, (n) bike parking and bike storage, (o) cycleways, (p) covered outdoor learning areas, (q) decks. Note. Exempt development must also comply with the general requirements in section 3.16.

Existing and approved schools—complying development Note 1— Complying development must also comply with the general requirements in section 3.18. Note 2— Development to which the Rural Fires Act 1997 , section 100B(1) applies is not complying development under this Chapter. s 3.40: Am 2022 (742), Sch 1[16] [17]; 2024 (115), Sch 1[7]–[9]; 2024 (585), Sch 1[34]–[37]; 2025 (692), Sch 1[99].

(1) Development carried out by or on behalf of any person on land within the boundaries of an existing or approved school is complying development if— (a) it consists of the construction of, or alterations or additions to, any of the following— (i) a library, an administration building or office premises for the purposes of the school, (ii) a gym, indoor sporting facility or hall, (iii) a teaching facility (including a classroom or lecture theatre), laboratory, trade facility or training facility, (iv) a cafeteria or canteen that is carried out in accordance with AS 4674—2004 , Design, construction and fit-out of food premises , published by Standards Australia on 11 February 2004, (v) a kiosk or shop selling school-related goods to students and staff, such as books, stationery or school uniforms, (vi) a hall with associated covered outdoor learning area or kiosk, (vii) an outdoor learning or play area and associated awning or canopy, (viia) a building to be used for the purposes of a relevant preschool, (viib) for a non-government school—a car park, (viic) a storage or maintenance facility, (viid) an amenities building, (viii) demolition of buildings or structures that are not a State or local heritage item or within a heritage conservation area if— (A) the demolition is carried out in accordance with AS 2601–2001 , The demolition of structures , and (B) the demolition covers an area of more than 250m 2 , (ix) minor alterations or additions (such as internal fitouts, structural upgrades, or alterations or additions to enable plant or equipment to be installed, to address work health and safety requirements or to provide access for people with a disability), (x) restoration, replacement or repair of a damaged building or structure, and (b) it complies with this section.

Complying development certificates—additional conditions A complying development certificate for development that is complying development under this Part is subject to the following conditions (in addition to the conditions set out in section 3.18)— (a) any demolition work must be carried out in accordance with AS 2601—2001 The demolition of structures , published by Standards Australia on 13 September 2001, (b) any removal or pruning of vegetation must be carried out in accordance with AS 4970—2009 Protection of trees on development sites , (c) development must be carried out in accordance with all relevant requirements of the Blue Book. (d) s 3.42: Am 2025 (692), Sch 1[100] [101].

Universities—development permitted without consent s 3.47: Am 2024 (654), Sch 1[47] [48]; 2025 (692), Sch 1[103]–[109].

(1) Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing university— (a) construction, operation or maintenance, more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, of— (i) a library or an administration building that is not more than 2 storeys high, or (ii) a teaching facility (including a classroom or lecture theatre), laboratory, trade facility or training facility that is not more than 2 storeys high, or (iii) an environmental facility, including a greenhouse or glass house, that is not more than 2 storeys high, or (iv) an information and education facility that is not more than 2 storeys high, or (v) a storage or maintenance facility that is not more than 2 storeys high, or (vi) a car park that is not more than 2 storeys high, or (vii) an outdoor learning or play area and associated awnings or canopies, or (viii) a kiosk or shop selling university-related goods to students and staff, such as books, stationery or university merchandise, that is not more than 2 storeys high, or (ix) food and drink premises that— (A) are not a pub or small bar, and (B) are not more than 2 storeys high, and (C) provides for students or staff, and (D) are carried out in accordance with AS 4674—2004 , Design, construction and fit-out of food premises , published by Standards Australia on 11 February 2004, or (x) a high technology industry, other than a data centre, that is not more than 2 storeys high, or (xi) a permanent or temporary government school or TAFE establishment that is not more than 2 storeys high. (a1) construction of a sporting field or any type of court used for sports that uses synthetic turf, (b) minor alterations or additions to a building, such as— (i) internal fitouts, structural upgrades, alterations or additions to enable plant or equipment to be installed, or (ii) alterations or additions to address work health and safety requirements or to provide access for people with a disability, or (iii) alterations or additions to the external facade of a building that do not increase the building envelope, Examples— porticos, balcony enclosures or covered walkways (c) restoration, replacement or repair of damaged buildings or structures, (d) demolition of structures or buildings, unless a State heritage item or local heritage item, (e) changes to the road network within the campus, provided the changes do not adversely impact on external vehicle or pedestrian access points to and from the campus.

(2) However, subsection (1) applies only to development that— (a) does not require an alteration of transport or traffic arrangements outside the boundaries of an existing university, and (b) does not cause the contravention of any existing condition of the development consent currently operating (other than a complying development certificate) that applies to the university relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management, landscaping or student or staff numbers, and (c) complies with— (i) any development standard that sets a maximum floor space ratio, and (ii) any development standard that sets a maximum gross floor area, for a building on the land, imposed under a local environmental plan, and (d) if the development involves an alteration or addition to a building— (i) does not extend the gross floor area of the existing building by more than 50%, and (ii) does not result in the building having a gross floor area of more than 2,000 square metres, and (e) if the development is on a site with an area of— (i) 2,000 square metres or less—does not result in the floor space ratio for all buildings on the site exceeding 1:1, or (ii) more than 2,000 square metres—does not extend the existing gross floor area for all buildings on the site by more than 2,000 square metres.

Existing universities—exempt development s 3.49: Am 2025 (291), Sch 3[5]; 2025 (692), Sch 1[95] [110] [111].

(1) Development for any of the following purposes is exempt development if it is on land within the boundaries of an existing university and complies with any requirements of this subsection that apply to the development— (a) an awning or canopy attached to a building, that is more than 1 metre from any property boundary, (b) the removal or pruning of a tree that has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety or of damage to infrastructure, but only if a replacement tree that is capable of achieving a mature height of 3 metres or more is planted within the grounds of the university, (c) landscaping, including irrigation schemes, whether using recycled or other water, and landscape structures or features, such as artworks, (d) play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is more than 1.2 metres from any fence, (e) routine maintenance (including earthworks associated with playing field regrading or landscaping, and maintenance of existing access roads), (f) cycleways, walking paths (including raised walking paths), boardwalks, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, (g) a recreation facility (outdoor), including a playing field (but not including a grandstand or other viewing structure), (h) an amenities building— (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, (i) environmental management works, (j) a portable or temporary teaching facility, office amenities, storage facility, maintenance facility, office or kiosk (including its removal)— (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, and (iii) that is removed within 48 months after being installed, Note. See Schedule 5 for the development standards for a portable office. (k) demolition of development that would be exempt development under this or any other environmental planning instrument if it were being constructed or installed, if it is not carried out on or in a State or local heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area, (l) the maintenance or replacement of— (i) a sporting field, or (ii) a court used for sports that uses synthetic turf, (m) bicycle parking, (n) covered outdoor learning areas, (o) decks. Note. Exempt development must also comply with the general requirements in section 3.16.

Existing universities—complying development Note— Complying development must also comply with the general requirements in section 3.18. s 3.50: Am 2025 (692), Sch 1[112] [113].

(2) Development carried out by or on behalf of any person on land within the boundaries of an existing university is complying development if— (a) (b) it is an alteration or addition referred to in subsection (1) that is carried out for the purpose of a change of use to another use specified in subsection (1), and (c) it complies with this section.

TAFE establishments—development permitted with consent s 3.53: Am 2025 (692), Sch 1[114].

(6) Development for the following purposes may be carried out with development consent on land within the boundaries of an TAFE establishment— (a) centre-based child care facilities, (b) high technology industries.

TAFE establishments—development permitted without consent s 3.54: Am 2025 (692), Sch 1[107] [115]–[121].

(1) Development for any of the following purposes may be carried out by or on behalf of a public authority without development consent on land within the boundaries of an existing TAFE establishment— (a) construction, operation or maintenance, more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, of— (i) a library or an administration building that is not more than 2 storeys high, or (ii) a teaching facility (including a classroom or lecture theatre), laboratory, trade facility or training facility that is not more than 2 storeys high, or (iii) food and drink premises (other than pubs or bars) to provide for students or staff (or both) that are not more than 2 storeys high and are carried out in accordance with AS 4674—2004 , Design, construction and fit-out of food premises , published by Standards Australia on 11 February 2004, or (iv) one or more shops for students or staff (or both) that are not more than 2 storeys high, or (v) a car park that is not more than 2 storeys high, or (vi) an environmental facility, including a greenhouse or glass house, that is not more than 2 storeys high, or (vii) an information and education facility that is not more than 2 storeys high, or (viii) a storage or maintenance facility that is not more than 2 storeys high, or (ix) an outdoor learning or play area and associated awnings or canopies, or (x) a permanent or temporary government school that is not more than 2 storeys high, (a1) construction of— (i) a sporting field, or (ii) a court used for sports that uses synthetic turf, (b) minor alterations or additions, such as— (i) internal fitouts, structural upgrades, alterations or additions to enable plant or equipment to be installed, or (ii) alterations or additions to address work health and safety requirements or to provide access for people with a disability, or (iii) alterations or additions to the external facade of a building that do not increase the building envelope, Examples— porticos, balcony enclosures or covered walkways (c) restoration, replacement or repair of damaged buildings or structures, (d) demolition of buildings or structures, unless a State heritage item or local heritage item, (e) changes to the road network within the campus, provided the changes do not adversely impact on external vehicle or pedestrian access points to and from the campus.

(2) However, subsection (1) applies only to development that— (a) does not require an alteration of transport or traffic arrangements outside the boundaries of an existing TAFE establishment, and (b) does not cause the contravention of any existing condition of the development consent currently operating (other than a complying development certificate) that applies to the TAFE establishment relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management, landscaping or student or staff numbers, and (c) complies with— (i) any development standard that sets a maximum floor space ratio, and (ii) any development standard that sets a maximum gross floor area, for a building on the land, imposed under a local environmental plan, and (d) if the development involves an alteration or addition to a building— (i) does not extend the gross floor area of the existing building by more than 50%, and (ii) does not result in the building having a gross floor area of more than 2,000 square metres, and (e) if the development is on a site with an area of— (i) 2,000 square metres or less—does not result in the floor space ratio for all buildings on the site exceeding 1:1, or (ii) more than 2,000 square metres—does not extend the existing gross floor area for all buildings on the site by more than 2,000 square metres.

(6) In this section— government school has the same meaning as in section 3.34. site means one or more lots that are contiguous and owned by the same entity.

Existing TAFE establishments—exempt development s 3.56: Am 2025 (291), Sch 3[6]; 2025 (692), Sch 1[95] [122] [123].

(1) Development for any of the following purposes is exempt development if it is on land within the boundaries of an existing TAFE establishment and complies with any requirements in this subsection that apply to the development— (a) an awning or canopy attached to a building, that is not within 1 metre of any property boundary, (b) the removal or pruning of a tree that has been assessed by a Level 5 qualified arborist as posing a risk to human health or safety or of damage to infrastructure, but only if a replacement tree that is capable of achieving a mature height of 3 metres or more is planted within the grounds of the TAFE establishment, (c) landscaping, including irrigation schemes, whether using recycled or other water, and landscape structures or features, such as artworks, (d) play equipment where adequate safety provisions (including soft landing surfaces) are provided, but only if any structure is more than 1.2 metres from any fence, (e) routine maintenance (including earthworks associated with playing field regrading or landscaping, and maintenance of existing access roads), (f) cycleways, walking paths (including raised walking paths), boardwalks, ramps, minor pedestrian bridges, stairways, gates, seats, barbecues, shelters and shade structures, (g) a recreation facility (outdoor), including a playing field (but not including a grandstand or other viewing structure), (h) the use of existing facilities or buildings for the purposes of providing a respite day care centre, (i) an amenities building that is not more than 1 storey high and is more than 5 metres from any property boundary, (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, (j) environmental management works, (k) a portable or temporary teaching facility, office amenities, storage facility, maintenance facility, office or kiosk (including its removal)— (i) that is not more than 1 storey high, and (ii) that is more than 5 metres from any property boundary with land in a residential zone and more than 1 metre from any property boundary with land in any other zone, and (iii) that is removed within 48 months after being installed, Note. See Schedule 5 for the development standards for a portable office. (l) demolition of development that would be exempt development under this or any other environmental planning instrument if it were being constructed or installed, if it is not carried out on or in a heritage item or in a heritage conservation area, (m) the maintenance or replacement of — (i) a sporting field, or (ii) a court used for sports that uses synthetic turf, (n) bicycle parking, (o) covered outdoor learning areas, (p) decks. Note. Exempt development must also comply with the general requirements in section 3.16.

Future infrastructure corridors ch 4, hdg: Am 2025 (692), Sch 1[124]. 4.1 Aims of Chapter The aims of this Chapter are as follows— (a) to identify land that is intended to be used in the future as an infrastructure corridor, (b) to establish appropriate planning controls for the land for the following purposes— (i) to allow the ongoing use and development of the land until it is needed for the future infrastructure corridor, (ii) to protect the land from development that would adversely impact on or prevent the land from being used as an infrastructure corridor in the future. 4.2 Definitions (1) A word or expression used in this Chapter has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Chapter. (2) In this Chapter— estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . future infrastructure corridor means land shown as within Zone SP2 Infrastructure on the Future Infrastructure Corridor Map . Future Infrastructure Corridor Map means the State Environmental Planning Policy (Major Infrastructure Corridors) 2020—Future Infrastructure Corridor Map . future underground infrastructure corridor means land identified as “future underground infrastructure corridor” on the Future Underground Infrastructure Corridor Map . Future Underground Infrastructure Corridor Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Underground Infrastructure Corridors Map . infrastructure investigation area means land shown as “infrastructure investigation area” on the Infrastructure Investigation Areas Map . Infrastructure Investigation Areas Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Infrastructure Investigation Areas Map . Interim Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Infrastructure Corridors Interim Uses Map . Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . the Act means the Environmental Planning and Assessment Act 1979 . underground corridor technical guidelines means the Sydney Metro Underground Corridor Protection Technical Guidelines published by Transport for NSW on 1 August 2025. Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter. (3) Notes included in this Chapter do not form part of this Chapter. s 4.2: Am 2023 (523), Sch 2.8[10]; 2025 (692), Sch 1[125]. 4.3 Land to which Chapter applies This Chapter applies to all land within a future infrastructure corridor and the adjacent land referred to in section 4.9(1)(b)–(d). 4.4 Relationship with other environmental planning instruments (1) Subject to subsection (2), in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency. (2) If this chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify the same development as exempt or complying development, the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to the development. s 4.4: Am 2025 (692), Sch 1[126]. 4.5 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both. s 4.5: Am 2024 (585), Sch 1[38]. 4.6 Zone SP2 Infrastructure (1) Objectives of zone The objectives of Zone SP2 Infrastructure are as follows— (a) to provide for infrastructure and related uses, (b) to prevent development that is not compatible with or that may detract from the provision of infrastructure. (2) Permitted without consent Development for any of the following purposes is permitted without development consent on land within Zone SP2 Infrastructure— Nil (3) Permitted with consent Development for any of the following purposes is permitted only with development consent on land within Zone SP2 Infrastructure— The purpose shown on the Future Infrastructure Corridor Map , including any development that is ordinarily incidental or ancillary to development for that purpose; Roads (4) Prohibited Development for any of the following purposes is prohibited on land within Zone SP2 Infrastructure— Any development not specified in subsection (2) or (3) (5) Miscellaneous For the purposes of this section— (a) land is within Zone SP2 Infrastructure if the land is shown on the Future Infrastructure Corridor Map as being within that zone, and (b) the consent authority must have regard to the objectives for development in that zone when determining a development application in respect of land within the zone, and (c) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (d) a reference to a type of building or other thing does not include (despite any definition in this Chapter or the Standard Instrument) a reference to a type of building or other thing referred to separately in the section. (6) National parks and other reserved land Despite subsections (2)–(4), if land within Zone SP2 Infrastructure is land reserved under the National Parks and Wildlife Act 1974 — (a) development for uses authorised under that Act is permitted without consent, and (b) no development is permitted with consent, and (c) any development not specified in paragraphs (a) or (b) is prohibited. (7) This section is subject to the other provisions of this Chapter. 4.7 Development in future infrastructure corridor for previously permitted uses of land (1) Despite section 4.6, development may be carried out with development consent on land within a future infrastructure corridor, but only if— (a) the development is of a kind that could be carried out on the land under an applicable environmental planning instrument immediately before the land was included within a future infrastructure corridor, and (b) where the proposed development has an estimated development cost of more than $200,000—Transport for NSW grants concurrence to the proposed development, and (c) the development is consistent with the aims of this Chapter. (2) Before determining a development application (or an application for modification of a consent) for development to which subsection (1)(b) applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to Transport for NSW, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) In deciding whether to grant concurrence to proposed development under this section, Transport for NSW must take the following matters into consideration— (a) the need to carry out the proposed development on the land, (b) the timing of carrying out the proposed development and the proposed timing for constructing infrastructure in the future infrastructure corridor, (c) the likely additional cost of constructing infrastructure in the future infrastructure corridor resulting from the carrying out of the proposed development. (4) Despite subsection (1)(b), the consent authority may grant consent to development to which that subsection applies without the concurrence of Transport for NSW if 21 days have passed since the consent authority gave notice under subsection (2)(a) and Transport for NSW has not granted or refused to grant concurrence. s 4.7: Am 2023 (523), Sch 2.8[11]. 4.7A Interim development in future infrastructure corridors (1) The objectives of this section are— (a) to enable the temporary use of land in a future infrastructure corridor for a purpose other than a purpose that was permitted immediately before the land became part of the corridor, and (b) to provide flexibility where— (i) a permissible land use in another zone in the area would enable a more logical and appropriate development of land in the corridor, and (ii) development on land in the corridor for that purpose would be compatible with the objectives for development and permissible land uses in the other zone. (2) This section applies to land in a future infrastructure corridor identified as “Interim Use” on the Interim Uses Map . (3) Despite section 4.6, interim development may be carried out with development consent on the land if the consent authority is satisfied of the following— (a) the interim development is not inconsistent with the objectives for development in other zones in the area, (b) the interim development is desirable having regard to the compatibility of neighbouring land uses, infrastructure capacity and other planning principles relating to the efficient and timely development of land, (c) the interim development is generally consistent with the development standards and controls under environmental planning instruments and development control plans that apply to development for the same purpose on nearby land, (d) the interim development will not adversely impact or prevent the land being used for the purposes permitted under section 4.6, (e) the interim development will not prevent access to land for the purposes of investigations relating to the development under section 4.6. (4) Development consent must not be granted to development under this clause unless the consent authority has obtained the concurrence of Transport for NSW. (5) In deciding whether to grant concurrence, Transport for NSW must consider the following matters— (a) the period during which the land is proposed to be used for the interim development, (b) the timing for the delivery of infrastructure on the land, (c) impacts of the interim development on the delivery of future infrastructure, (d) appropriate measures proposed to mitigate the impacts of the interim development on the delivery of future infrastructure, (e) arrangement for access to the land by Transport for NSW for testing and works relating to future infrastructure, (f) the removal of interim development, (g) appropriate measures proposed to restore the land to the condition it was in before the commencement of the development. (6) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. s 4.7A: Ins 2025 (692), Sch 1[127]. 4.7B Exempt development in future infrastructure corridors (1) Development on land in a future infrastructure corridor is exempt development if the development— (a) would otherwise be exempt development— (i) for development on land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 4 applies—under that chapter, Part 4.6, Division 2, or (ii) otherwise—under a relevant Codes SEPP provision, and (b) has a capital investment value of no more than $200,000. (2) For the purposes of subsection (1)(a), the land is taken to be in the zone it was in immediately before the land became part of the future infrastructure corridor. (3) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. (4) In this section— relevant Codes SEPP provision means the following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — (a) Part 2, Division 1, Subdivision 1, 2, 3, 3AA, 3B, 5, 6, 7, 8A, 9, 10A, 10B, 10C, 11, 12, 13, 15AA, 15AB, 15A, 15B, 17, 17A, 19, 20, 21A, 23A, 23B, 24, 25, 25A, 26, 27, 28, 30, 31, 32, 33A, 35, 36, 36A, 37, 37A, 37B, 39, 39B, 39C or 40A, (b) Part 2, Division 2 or 3. s 4.7B: Ins 2025 (692), Sch 1[127]. 4.7C Complying development in future infrastructure corridors (1) Development on land in a future infrastructure corridor is complying development if the development— (a) would otherwise be complying development— (i) for development on land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , Chapter 4 applies—under that chapter, Part 4.6, Division 3, or (ii) otherwise—under a relevant Codes SEPP provision, and (b) has a capital investment value of no more than $200,000. (2) For the purposes of subsection (1)(a), the land is taken to be in the zone it was in immediately before the land became part of the future infrastructure corridor. (3) This section does not apply to land that has been designated as a biodiversity stewardship site by a biodiversity stewardship agreement made under the Biodiversity Conservation Act 2016 , Part 5, Division 2. (4) In this section— relevant Codes SEPP provision means the following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — (a) Part 4, 5B, 7 or 8, (b) Part 4A, Division 1, Subdivision 3, 4 or 5, (c) Part 5, Division 1, Subdivision 1, 4, 5, 6, 7, 8, 12 or 13. s 4.7C: Ins 2025 (692), Sch 1[127]. 4.8 Subdivision of land prohibited (1) The subdivision of land within a future infrastructure corridor is prohibited. (2) Despite subsection (1), a subdivision for the purpose of a realignment of boundaries that does not create or include any additional lot (or part lot) within a future infrastructure corridor is permitted with development consent. 4.9 Excavation in, above, below or adjacent to future infrastructure corridors (1) This section applies to development that involves the penetration of ground to a depth of at least 2 metres below ground level (existing) on land— (a) within, below or above a future infrastructure corridor, or (b) within 25 metres (measured horizontally) of a future infrastructure corridor, or (c) within 25 metres (measured horizontally) of the ground directly below a future infrastructure corridor, or (d) within 25 metres (measured horizontally) of the ground directly above an underground future infrastructure corridor. (2) Before determining a development application (or an application for modification of a consent) for development to which this section applies, the consent authority must— (a) within 7 days after the application is made, give written notice of the application to Transport for NSW, and (b) take into consideration— (i) any response to the notice that is received within 21 days after the notice is given, and (ii) any guidelines issued by the Planning Secretary for the purposes of this section and published in the Gazette. (3) The consent authority must not grant consent to development to which this section applies without the concurrence of Transport for NSW. (4) In deciding whether to provide concurrence, Transport for NSW must take into account— (a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on— (i) the safety or structural integrity of existing or proposed infrastructure in the future infrastructure corridor, and (ii) the safe and effective operation of existing or proposed future infrastructure in the future infrastructure corridor, and (b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects. (5) Despite subsection (3), the consent authority may grant consent to development to which this section applies without the concurrence of Transport for NSW if 21 days have passed since the consent authority gave notice under subsection (2)(a) and Transport for NSW has not granted or refused to grant concurrence. 4.10 Acquisition of land zoned under this Chapter The authority of the State that will be the relevant authority to acquire any land within a future infrastructure corridor, if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 , is Transport for NSW. 4.11 Development on land within a future underground infrastructure corridor (1) This section applies to development— (a) on land within a future underground infrastructure corridor, and (b) that has an estimated development cost exceeding $200,000, and (c) that involves— (i) the erection of a building with a height of at least 10m, or (ii) an increase in the height of a building so that the building is at least 10m, or (iii) the penetration of existing ground to a depth of at least 2m below ground level (existing). (2) Development consent must not be granted to development to which this section applies unless— (a) the consent authority has obtained the concurrence of Transport for NSW, and (b) the consent authority is satisfied the development is consistent with the underground corridor technical guidelines. (3) In deciding whether to grant concurrence to proposed development under this section, Transport for NSW must take the following matters into consideration— (a) the practicability and cost of carrying out public transport projects on the land in the future, (b) the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, (c) the operation or maintenance of public transport projects on the land in the future. (4) The consent authority must provide Transport for NSW with a copy of the determination of the development application within 7 days after the determination is made. (5) Despite subsection (2)(a), development consent may be granted without the concurrence of Transport for NSW if— (a) the consent authority has notified Transport for NSW of the development application, and (b) Transport for NSW has not granted or refused to grant concurrence within 21 days after being notified. s 4.11: Ins 2025 (692), Sch 1[128]. s 4.11: Ins 2025 (692), Sch 1[129]. 4.11 Development on land within or adjoining an infrastructure investigation area (1) This section applies to development— (a) on land within or directly adjoining an infrastructure investigation area, and (b) that has an estimated development cost of more than $200,000. (2) Development consent must not be granted to development to which this section applies unless the consent authority has obtained the concurrence of Transport for NSW. (3) In deciding whether to grant concurrence, Transport for NSW must take into account the following matters— (a) the practicability and cost of carrying out public transport projects on the land in the future, (b) the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, (c) the land acquisition costs and the costs of construction, operation or maintenance of public transport projects on the land in the future. (4) Development consent may be granted without the concurrence of Transport for NSW if— (a) the consent authority has notified Transport for NSW of the development application, and (b) Transport for NSW has not granted or refused to grant concurrence within 21 days after being notified. (5) The consent authority must provide Transport for NSW with a copy of the determination of the development application within 7 days after the determination is made. (6) This section ceases to have effect on 31 December 2030. 4.13 Savings A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Transport and Infrastructure) Amendment 2025 , Schedules 1[128] and 4 must be determined as if the policy had not commenced. s 4.13: Ins 2025 (692), Sch 1[129].

Definitions s 4.2: Am 2023 (523), Sch 2.8[10]; 2025 (692), Sch 1[125].

(2) In this Chapter— estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . future infrastructure corridor means land shown as within Zone SP2 Infrastructure on the Future Infrastructure Corridor Map . Future Infrastructure Corridor Map means the State Environmental Planning Policy (Major Infrastructure Corridors) 2020—Future Infrastructure Corridor Map . future underground infrastructure corridor means land identified as “future underground infrastructure corridor” on the Future Underground Infrastructure Corridor Map . Future Underground Infrastructure Corridor Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Underground Infrastructure Corridors Map . infrastructure investigation area means land shown as “infrastructure investigation area” on the Infrastructure Investigation Areas Map . Infrastructure Investigation Areas Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Infrastructure Investigation Areas Map . Interim Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021—Future Infrastructure Corridors Interim Uses Map . Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 . the Act means the Environmental Planning and Assessment Act 1979 . underground corridor technical guidelines means the Sydney Metro Underground Corridor Protection Technical Guidelines published by Transport for NSW on 1 August 2025. Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

Relationship with other environmental planning instruments s 4.4: Am 2025 (692), Sch 1[126].

(2) If this chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify the same development as exempt or complying development, the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to the development.

Three ports—Port Botany, Port Kembla and Port of Newcastle ch 5, hdg: Am 2022 (373), Sch 1[1]. Part 5.1 Preliminary 5.1 Aims of Chapter The aims of this Chapter are as follows— (a) to provide a consistent planning regime for the development and delivery of infrastructure on land in Port Botany, Port Kembla and the Port of Newcastle, (b) to allow the efficient development, re-development and protection of land at Port Botany, Port Kembla and the Port of Newcastle for port purposes, (c) to identify certain development within the Lease Area as exempt development or complying development, (d) to specify matters to be considered in determining whether to grant consent to development adjacent to development for port purposes, (e) to provide for development at Port Botany that does not, by its nature or scale, constitute an actual or potential obstruction or hazard to aircraft, (f) to identify certain development as State significant development or State significant infrastructure, (g) to ensure that land around the Lease Area is maintained for port-related and industrial uses, including heavy industry on land around Port Kembla. 5.2 Definitions (1) In this Chapter— Additional Permitted Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Additional Permitted Uses Map . approved project means a transitional Part 3A project within the meaning of Schedule 6A to the Act that is an approved project. Australian Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail , 7th edition, approved by the Australian Transport Council. capital dredging means dredging that is carried out for the purpose of— (a) constructing a new navigational channel, or (b) re-opening a discontinued navigational channel, or (c) deepening, widening or extending an existing navigational channel (other than for maintenance purposes), for berthing or navigation purposes. Channel User Licence Agreement means an agreement between Transport for NSW and the Port Operator under which the Port Operator is authorised to use certain channels and berthing boxes. combustible liquid has the same meaning as in the Work Health and Safety Regulation 2017 . Council means— (a) in relation to land within the City of Botany Bay area—the Council of the City of Botany Bay, or (b) in relation to land within the Randwick City area—Randwick City Council, or (c) in relation to land within the Wollongong City area—Wollongong City Council, or (d) in relation to land within the Newcastle City area—Newcastle City Council. dangerous goods has the same meaning as it has in the Dangerous Goods (Road and Rail Transport) Act 2008 . demolition includes the dismantling or removal of a building. dispensing facility means a fuel transfer facility that is intended for the dispensing of liquids from a storage tank to the fuel tank of a vehicle or vessel. dredging means the removal of material from the sea or harbour bed or the bed of a river. environmental management works means— (a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and (b) environmental protection works. estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . freight means any item, goods or produce being transported and includes containers (whether empty or otherwise), gases, livestock, liquids, minerals, plant and equipment, raw materials, vehicles and vessels. Height of Buildings Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Height of Buildings Map . heritage item —see section 5.31(8). Heritage Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Heritage Map . Intertrade Industrial Park means the land identified on the Intertrade Industrial Park Map . Intertrade Industrial Park Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Intertrade Industrial Park Map . Land Application Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Application Map . Land Zoning Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Zoning Map . Lease Area means the area shown edged in red and identified as “Port Botany Lease Area” or “Port Kembla Lease Area” or Port of Newcastle Lease Area on the Lease Area Map . Lease Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Lease Area Map . local heritage item means a heritage item within the meaning of section 5.31 that is not a State heritage item. maintenance dredging means dredging and bed levelling for the purpose of maintaining an existing navigational channel at the depth and width specified for the purpose of maintenance dredging in the Channel User Licence Agreement or any Crown lease that authorises the use of that channel. major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017 . Mayfield Bulk Liquid Storage Tanks Area means the area shown edged heavy black on the Mayfield Bulk Liquid Storage Tanks Map . Mayfield Bulk Liquid Storage Tanks Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Mayfield Bulk Liquid Storage Tanks Map . navigation and emergency response facilities means facilities for— (a) water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and (b) emergency response, including rescue stations and emergency communication facilities and jetties. navigational channel includes an access channel, swing basin, berthing box or other navigable area. Newcastle LUSS means the Port of Newcastle Land Use Safety Study Final Report , dated 10 October 2017. Outer Harbour Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Outer Harbour Map . Port Botany LUSS means the Port Botany Land Use Safety Study Overview Report , published by Planning NSW in 1996. Port Corporation means the Port Corporation established under the Ports and Maritime Administration Act 1995 . port facilities means facilities on land in the Lease Area, or the Intertrade Industrial Park, used in connection with the carrying of freight and persons by water from one port to another for business or commercial purposes, and includes any of the following— (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and freight receival, processing, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration and port operations buildings and facilities, (g) communication, security and safety facilities, (h) utilities and services, road and rail infrastructure, pipelines and car parks. Port Kembla Bulk Liquid Storage Tank Area means the area shown edged in green and identified as “Port Kembla Bulk Liquid Storage Tank Area” on the Port Kembla Bulk Liquid Storage Tanks Map . Port Kembla Bulk Liquid Storage Tanks Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Port Kembla Bulk Liquid Storage Tanks Map . Port Kembla LUSS means the Port Kembla Land Use Safety Study Overview Report dated 9 October 2023. Port Operator means— (a) in relation to Botany Bay—the port operator (within the meaning of the Ports and Maritime Administration Act 1995 ) of the port of Botany Bay, and (b) in relation to Port Kembla—the port operator (within the meaning of that Act) of the port of Port Kembla, and (c) in relation to the Port of Newcastle—the port operator (within the meaning of that Act) of the Port of Newcastle. public authority includes the Port Operator. reclamation work means any work (other than work undertaken in connection with maintenance dredging) that involves— (a) using any material (such as sand, soil, silt, gravel, concrete, oyster shells, tyres, timber or rocks) to fill in or reclaim land submerged by water (whether permanently or intermittently), or (b) depositing any such material on land submerged by water (whether permanently or intermittently) for the purpose of constructing anything over that land (such as a bridge but not a seawall, groyne or jetty), or (c) draining water from land submerged by water (whether permanently or intermittently) for the purpose of its reclamation. Referral Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Referral Area Map . State heritage item means an item of State heritage significance, within the meaning of the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act. the Act means the Environmental Planning and Assessment Act 1979 . virgin excavated natural material has the same meaning as in the Protection of the Environment Operations Act 1997 , Schedule 1, clause 50(1). Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter. (2) In this Chapter, a reference to development for the purpose of port facilities, navigation and emergency response facilities or wharf or boating facilities includes a reference to the operation of such a facility and any of the following if carried out in connection with such a facility— (a) construction works, (b) routine maintenance works, (c) environmental management works. (3) Words and expressions used in this Chapter have the same meaning as they have in the standard instrument set out at the end of the Standard Instrument (Local Environmental Plans) Order 2006 , unless otherwise defined in this Chapter. (4) Notes included in this Chapter do not form part of this Chapter. s 5.2: Am 2022 (373), Sch 1[2]–[4]; 2022 (517), Sch 1[9] [10]; 2023 (523), Sch 2.8[12]; 2024 No 67, Sch 5.6[1]; 2025 (692), Sch 1[130]. 5.3 Land to which Chapter applies (1) This Chapter applies to the land identified on the Land Application Map . (2) s 5.3: Subst 2022 (373), Sch 1[5]. Am 2022 (517), Sch 1[11]. 5.4 Relationship with other environmental planning instruments (1) Subject to this section, in the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency. (2) If this Chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify the same development as either exempt or complying development, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply to that development. (2A) The following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 do not apply to the Intertrade Industrial Park— (a) Part 2, Division 1, Subdivision 10A, (b) Parts 5A and 6. (3) Except as provided by subsections (2) and (2A), this Chapter does not restrict or prohibit the carrying out of any development— (a) on any land to which this Chapter applies, that is permitted to be carried out with or without development consent, or that is exempt or complying development, under Chapter 2, or (b) on any land to which this Chapter applies that is not within a Lease Area, that is exempt or complying development under any other environmental planning instrument. s 5.4: Am 2022 (517), Sch 1[12]–[15]. 5.5 Same development (1) For the purposes of this Chapter, 2 or more instruments are taken to specify the same development if they specify that development for the same purpose may be carried out on the same land, even though there may be some differences in the specifications or development standards for that development. Note. For example, “deck” is a development, even if the size of the deck or its location varies in different instruments. (2) The Planning Secretary may certify in writing, for the purpose of this Chapter, that 2 or more instruments do, or do not, specify the same development and any such certificate has effect according to its tenor. (3) Notice of any certification by the Planning Secretary under subsection (2) must be published in the Gazette. s 5.5: Am 2022 (373), Sch 1[6]. 5.6 Consent authority The consent authority is— (a) for development on the following land—the Minister— (i) land within the Lease Area, (ii) land that is unzoned, (iii) land within the Intertrade Industrial Park, and (b) otherwise—the Council. s 5.6: Subst 2022 (373), Sch 1[7]. Am 2022 (517), Sch 1[16]. 5.7 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both. Note. The maps adopted by this Chapter are to be made available on the official NSW legislation website in connection with this Chapter. 5.8 Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Chapter or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This section does not apply— (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016 , or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974 , or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 , or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 , or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995 , or (g) to any planning agreement within the meaning of Division 7.1 of the Act. (3) This section does not affect the rights or interests of any public authority under any registered instrument. (4) Under section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3). (5) This section does not apply to land within the Lease Area. Note. This section does not apply to unzoned land. 5.9 Savings (1) This Chapter does not apply to development that, immediately before the commencement of the application of this Chapter in relation to land to which this Chapter applies, was an activity to which Part 5 of the Act applied if— (a) before that commencement, the activity had been considered under Part 5 of the Act and any approvals or requirements that were required under that Part before the activity could be carried out had been obtained or complied with, and (b) the development is substantially commenced not later than 2 years after that commencement. (2) Part 20 of Schedule 3 and Schedule 7 to State Environmental Planning Policy (Major Development) 2005 , as in force immediately before that commencement, continue to apply to development specified in subsection (1). (3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced. (4) A development application lodged, but not finally determined, before the commencement of State Environmental Planning Policy (Precincts—Regional) Amendment (Port Kembla Land Transformation Precinct) 2025 must be determined as if that policy had not commenced. s 5.9: Am 2022 (517), Sch 1[17]; 2023 (524), Sch 1.4[1] [2]; 2025 (618), Sch 3[1]. Part 5.2 Permitted or prohibited development 5.10 Land use zones The land use zones under this Chapter are as follows— Industrial Zones IN1 General Industrial IN2 Light Industrial IN3 Heavy Industrial Special Purpose Zones SP1 Special Activities Recreation Zones RE1 Public Recreation s 5.10: Am 2022 (373), Sch 1[8]. 5.11 Zoning of land to which Chapter applies For the purposes of this Chapter, land is within the zones shown on the Land Zoning Map . 5.12 Zone objectives and Land Use Table (1) The Land Use Table at the end of this Part specifies for each zone— (a) the objectives for development, and (b) development that may be carried out without development consent, and (c) development that may be carried out only with development consent, and (d) development that is prohibited. (2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. (3) In the Land Use Table at the end of this Part— (a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (b) a reference to a type of building or other thing does not include (despite any definition in this Chapter) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone. (4) This section is subject to the other provisions of this Chapter. Notes. 1 Schedule 10 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act. 2 Schedule 11 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 5.13 Unzoned land (1) Development may be carried out on unzoned land only with development consent. (2) Before granting development consent, the consent authority— (a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and (b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. (3) Despite subsection (1), development for the following purposes may be carried out by or on behalf of a public authority on unzoned land without development consent— (a) maintenance dredging, (b) capital dredging, (c) environmental management works associated with port facilities or wharf and boating facilities, (d) navigation and emergency response facilities, (e) port facilities, if the development is directly related to an existing port facility. 5.14 Subdivision—consent requirements (1) Any land to which this Chapter applies may be subdivided, but only with development consent. Note. Subdivision within the Lease Area by the Port Operator or the Port Corporation is exempt development. (2) Development consent must not be granted for the subdivision of land that comprises, or on which there is, a State heritage item. (3) Before granting development consent for the subdivision of relevant land, the consent authority must consider the following— (a) whether the subdivision is likely to have an adverse impact on the operations of the port concerned, (b) whether the subdivision will create or increase land use conflict in the area, (c) whether the subdivision is appropriate considering— (i) the natural and physical constraints affecting the land, and (ii) the existing uses and approved uses on land adjacent to the subdivision, (d) whether the subdivision is likely to have a significant adverse impact on facilitating land uses the consent authority considers are suitable and appropriate for the land, (e) the impact of the subdivision on land used for industrial purposes, (f) appropriate measures proposed to avoid, minimise or mitigate the impacts of the subdivision. (4) In this section— relevant land means the following land that is not within a Lease Area— (a) land at Port Botany in Zone IN1 General Industrial, (b) land at Port Kembla in Zone IN3 Heavy Industrial or Zone SP1 Special Activities, (c) land at the Port of Newcastle in Zone SP1 Special Activities. s 5.14: Am 2022 (373), Sch 1[9]; 2024 No 67, Sch 5.6[2]. 5.15 Demolition requires development consent The demolition of a building or work may be carried out only with development consent. Note. If this Chapter identifies the demolition of a building or work as exempt development, the demolition may be carried out without development consent. 5.16 Development by public authorities (including Port Operator) (1) Development may be carried out for the following purposes without development consent on land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation, but only if it is development carried out by or on behalf of a public authority— (a) navigation and emergency response facilities, (b) wharf or boating facilities, if the development has an estimated development cost of more than $100 million, (c) capital dredging, (d) maintenance dredging, (e) port facilities, if the development has an estimated development cost of more than $100 million. (2) (3) Development may be carried out for the following purposes without development consent on land within the Lease Area, but only if it is development carried out by or on behalf of a public authority— (a) environmental facilities, (b) environmental protection works, (c) community facilities. (4) Development may be carried out with development consent on land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation for the purposes of port facilities, or wharf or boating facilities, having an estimated development cost of $100 million or less, but only if it is development carried out by or on behalf of a public authority. (5) This section does not apply to the Intertrade Industrial Park. Notes. 1 Development that is permitted to be carried out with or without consent in land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation is also specified in the Land Use Table set out in this Chapter. 2 Development by a public authority on land within the Lease Area for the purposes of port facilities or wharf or boating facilities, having an estimated development cost of more than $100 million, and development for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or that involves reclamation work is declared to be State significant infrastructure under section 5.28 of this Chapter. 3 Other permits or licences may be required under other Acts for development in the Lease Area. s 5.16: Am 2022 (517), Sch 1[18]; 2023 (523), Sch 2.8[13]; 2025 (692), Sch 1[131]. 5.17 Port Operator to be notified of certain development applications (1) This section applies to development on land identified on the Referral Area Map . (2) Before determining a development application for development to which this section applies, the consent authority must give written notice of the development to the Port Operator. (3) Notice must be given no later than 7 days after the development application is made. (4) In determining a development application for the development, the consent authority must consider the following— (a) submissions made to the consent authority by the Port Operator within 21 days after notice is given, (b) the effect of the development on— (i) the practicability, cost, structural integrity and safety of future port expansion or dredging works within navigation channels, and (ii) ship movements to, from or within the port to which the development relates. s 5.17: Subst 2022 (373), Sch 1[10]. 5.18 Prohibition on development for the purposes of container depots on certain land in Zone IN1 (1) Despite any other provision of this Chapter, development consent must not be granted for development for the purpose of a container depot on land within Zone IN1 General Industrial that is shown as a Container Depots Prohibition Area on the Land Zoning Map . (2) In this section, a container depot means a building or place that is used for— (a) the unloading or unpacking (or both) of shipping containers for delivery to individual consignees, or (b) the consolidation of goods from different consignors into full shipping container loads for despatch, or (c) the repair, refitting or storage of shipping containers. Note. This section does not prevent the granting of consent to development that is permitted with consent where the use of shipping containers is ancillary to the purposes for which the consent was granted. 5.19 Business premises and office premises in Zone IN1 Development consent must not be granted for development for the purposes of business premises or office premises on land within Zone IN1 General Industrial unless the consent authority is satisfied that the development is associated with, and ancillary to, port facilities or industrial uses of land. 5.19A Office premises in Zone IN2 Development consent must not be granted for development for the purposes of office premises on land within Zone IN2 Light Industrial unless the consent authority is satisfied the development is associated with, and ancillary to, port facilities or industrial uses of land. s 5.19A: Ins 2022 (373), Sch 1[11]. 5.19B Food and drink premises in Zone SP1 Development consent must not be granted for development for the purposes of food and drink premises on land in Zone SP1 Special Activities if the gross floor area of the food and drink premises is more than 800m 2 . s 5.19B: Ins 2022 (373), Sch 1[11]. Am 2025 (692), Sch 1[132]. 5.20 Earthworks (1) The objective of this section is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. (2) Development consent is required for earthworks unless— (a) the earthworks are exempt development under this Chapter or another applicable environmental planning instrument, or (b) the earthworks are ancillary to development that is permitted without consent under this Chapter or to development for which development consent has been given. (3) Before granting consent to a development application for development for the purposes of earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters— (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development, (b) the effect of the development on the likely future use or redevelopment of the land, (c) the classification of the soil to be excavated, (d) the effect of the development on the existing and likely amenity of adjoining properties, (e) the destination of any excavated material, (f) the likelihood of disturbing relics, (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area, (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development, (i) the potential impact on groundwater and groundwater dependent ecosystems, (j) whether the development is likely to result in water pollution or land pollution, (k) whether the development can be carried out in a way that will minimise wind-blown or traffic-generated dust emissions. (4) The consent authority must not grant consent to a development application under this section unless the consent authority is satisfied that fill brought to the site— (a) contains only virgin excavated natural material, or (b) is the subject of an excavated natural material exemption in force under the Protection of the Environment Operations (Waste) Regulation 2014 , Part 9. (5) In this section— land pollution and water pollution have the same meaning as in the Protection of the Environment Operations Act 1997 . Note. The National Parks and Wildlife Act 1974 , particularly section 86, deals with harming Aboriginal objects. s 5.20: Am 2022 (373), Sch 1[12]–[16]. 5.21 Additional permitted uses (1) Despite any other provision of this Chapter, development for the purposes of business premises or office premises may be carried out with development consent on land shown hatched on the Additional Permitted Uses Map or on land within a Lease Area. (2) Despite any other provision of this Chapter, development for the purposes of vehicle sales or hire premises may be carried out with development consent on land within a Lease Area. (3), (4) s 5.21: Am 2024 (29), Sch 1[1] [2]; 2025 (618), Sch 3[2]. 5.22 Exceptions to development standards (1) The objectives of this section are as follows— (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section. (3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that— (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and (b) there are sufficient environmental planning grounds to justify the contravention of the development standard. Note— The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b). (4) The consent authority must keep a record of its assessment carried out under subsection (3). (5), (6) (7) This section does not allow development consent to be granted for development that would contravene any of the following— (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated. s 5.22: Am 2023 (524), Sch 1.4[3]. 5.23 Conversion of fire alarms (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. (2) The following development may be carried out, but only with development consent— (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. (3) Development to which subsection (2) applies is complying development if it consists only of— (a) internal alterations to a building, or (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm. (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. (5) In this section— private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. 5.23A Canal estate development prohibited Canal estate development is prohibited on land to which this Chapter applies. s 5.23A: Ins 2022 (629), Sch 3.19[6]. Land Use Table Land Use tbl: Am 2022 (373), Sch 1[17]–[20]. Zone IN1 General Industrial 1 Objectives of zone • To provide a wide range of industrial and warehouse land uses. • To encourage employment opportunities. • To minimise any adverse effect of industry on other land uses. • To facilitate and encourage port related industries that will contribute to the growth and diversification of trade through the port. • To enable development for the purposes of business premises or office premises associated with, and ancillary to, port facilities or industries. • To encourage ecologically sustainable development. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat building and repair facilities; Business premises; Depots; Food and drink premises; Freight transport facilities; General industries; Jetties; Light industries (other than artisan food and drink industries); Neighbourhood shops; Office premises; Roads; Signage; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities 4 Prohibited Any development not specified in item 2 or 3 Zone IN2 Light Industrial 1 Objectives of zone • To provide a range of business and light industrial land uses. • To encourage employment opportunities. • To minimise any adverse effect of industry on other land uses. • To support and protect industrial land for industrial land uses. • To enable development for the purposes of office premises associated with, and ancillary to, port facilities or industries. • To enable other land uses that provide facilities or services to meet the day-to-day needs of workers in the area. • To minimise conflict between port-related land uses and land uses within adjoining zones. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat building and repair facilities; Business premises; Food and drink premises; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Places of public worship; Roads; Signage; Vehicle body repair workshops; Vehicle repair stations 4 Prohibited Artisan food and drink industries; Any other development not specified in item 2 or 3 Zone IN3 Heavy Industrial 1 Objectives of zone • To provide suitable areas for those industries that need to be separated from other land uses. • To encourage employment opportunities. • To minimise any adverse effect of heavy industry on other land uses. • To provide transport infrastructure and intermodal facilities. • To allow a diversity of activities that will not significantly detract from the operation of existing or proposed industries. 2 Permitted without consent Environmental protection works 3 Permitted with consent Depots; Food and drink premises; Freight transport facilities; Heavy industries; Port facilities; Roads; Transport depots; Warehouse or distribution centres; Waste or resource management facilities 4 Prohibited Any development not specified in item 2 or 3 Zone SP1 Special Activities 1 Objectives of zone • To provide for special land uses that are not provided for in other zones. • To provide for sites with special natural characteristics that are not provided for in other zones. • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land. • To maximise the use of waterfront areas to accommodate port facilities and industrial, maritime industrial, freight and bulk storage premises that benefit from being located close to port facilities. • To enable the efficient movement and operation of commercial shipping and to provide for the efficient handling and distribution of freight from port areas through the provision of transport infrastructure. • To provide for port related facilities and development that support the operations of Port Botany, Port Kembla and the Port of Newcastle. • To facilitate development that by its nature or scale requires separation from residential areas and other sensitive land uses. • To encourage employment opportunities. 2 Permitted without consent Jetties; Moorings; Roads 3 Permitted with consent Capital dredging; Environmental facilities; Environmental protection works; Food and drink premises; Maintenance dredging; Navigation and emergency response facilities; Neighbourhood shops; Port facilities; Wharf or boating facilities; Any other development not specified in item 2 or 4 4 Prohibited Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Artisan food and drink industries; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Funeral homes; Health services facilities; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Mortuaries; Open cut mining; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Wholesale supplies Zone RE1 Public Recreation 1 Objectives of zone • To enable land to be used for public open space or recreational purposes. • To provide a range of recreational settings and activities and compatible land uses. • To protect and enhance the natural environment for recreational purposes. • To protect, manage and restore the Botany Bay shoreline for ecological purposes. 2 Permitted without consent Environmental protection works 3 Permitted with consent Boat launching ramps; Car parks; Community facilities; Environmental facilities; Kiosks; Recreation areas; Roads 4 Prohibited Any development not specified in item 2 or 3 Part 5.3 Exempt and complying development 5.24 Exempt development Note— Under the Act, section 1.6, the carrying out of exempt development does not require— (a) development consent under the Act, Part 4, or (b) an environmental impact assessment under the Act, Division 5.1, or (c) State significant infrastructure approval under the Act, Division 5.2, or (d) a certificate under the Act, Part 6. Exempt development is development declared to be exempt development by an environmental planning instrument because of its minor impact. (1) The objective of this section is to declare development of minor impact as exempt development. (2) Development specified in Schedule 10 on land within the Lease Area that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. (2A) The following development is exempt development— (a) building alterations specified in Schedule 10, item 1(1)(a) and (b), (b) for bulk liquid storage tanks—change of stored liquid, where a change does not occur on premises for which no environmental protection licence issued under the Protection of the Environment Operations Act 1997 applies, (c) driveways, (d) emergency works, (e) fences or gates, including security boom gates, (f) flagpoles, (g) hail netting, (h) investigations, (i) landscaping, (j) paving, (k) pedestrian ramps, paths and mechanical and non-mechanical stairways, (l) preloading works, (m) reefer points, (n) retaining walls, not including sea walls, (o) for road and rail infrastructure—minor maintenance, repairs and works, (p) for roads—marking out, (q) safety or security barriers, (r) satellite dishes, (s) scaffolding, (t) security and monitoring cameras and other devices, (u) signage, (v) for signage—changes and maintenance and repair, (w) switch rooms and security booths, (x) temporary structures, (y) truck weighbridges and train weighbridges, (z) utilities and service facilities, (za) washbays, (zb) water tanks. (2B) Subsection (2A) does not apply unless the development— (a) is carried out on land in Zone IN3 Heavy Industrial, and (b) is on land that is outside the Lease Area within Port Kembla, and (c) complies with the requirements under this part, and (d) meets the development standards specified for the development in Schedule 10. (3) To be exempt development, the development— (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia or compromise the fire safety of the building or affect access to any fire exit, and (c) must not be development of a kind specified as designated development (other than development specified in clause 28 or 30 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000 ), and (d) if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, must involve no more than minimal impact on the heritage significance of the item or area, and (e) must not be a potentially hazardous industry or a potentially offensive industry within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3, and (f) if it is development on land containing a containment cell, must not be development that is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell, and (g) must not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 , and (h) must not be carried out on land in an area of outstanding biodiversity value within the meaning of the Biodiversity Conservation Act 2016 . (4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if— (a) the building has a current fire safety certificate or fire safety statement, or (b) no fire safety measures are currently implemented, required or proposed for the building. (5) To be exempt development, the development must be installed in accordance with the manufacturer’s specifications, if applicable. (6) A heading to an item in Schedule 10 is part of that Schedule. s 5.24: Am 2022 (373), Sch 1[21]–[24]; 2025 (692), Sch 1[133]. 5.25 Complying development (1) The objective of this section is to identify development as complying development. (2) Development specified in Part 1 of Schedule 11 on land within the Lease Area that is carried out in compliance with— (a) the development standards specified in relation to that development, and (b) the requirements of this Part, is complying development. (2A) The following development is complying development— (a) awnings or canopies, (b) bridges used for purposes other than roads, (c) conveyor systems, (d) cranes, (e) emergency services equipment, (f) stacker-reclaimers, stackers and reclaimers, (g) retaining walls. (2B) Subsection (2A) does not apply unless the development— (a) is carried out on land in Zone IN3 Heavy Industrial, and (b) is on land that is outside the Lease Area within Port Kembla, and (c) complies with the requirements of this part, and (d) meets the development standards specified for the development in Schedule 11, Part 1. (3) To be complying development, the development must— (a) be permissible, with development consent, in the zone in which it is carried out, and (b) meet the relevant provisions of the Building Code of Australia , and (c) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993 — (i) for each opening of a public road required by the development, and (ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and (d) have an approval, if required by the Local Government Act 1993 , from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land, and (e) not be a potentially hazardous industry or a potentially offensive industry within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3, and (f) if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, involve no more than minimal impact on the heritage significance of the item or area, and (g) not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 . (3A) In Schedule 11, a reference to prepare is taken to include update in relation to a requirement to prepare the following— (a) an emergency plan, (b) a fire safety study, (c) a hazard and operability study, (d) a hazard analysis, (e) a safety management system. (4) Subsection (3)(e) does not apply to development specified in Schedule 11, sections 11–13AC. (5) A complying development certificate for development specified in Part 1 of Schedule 11 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule. (6) A heading to an item in Schedule 11 is part of that Schedule. (7) s 5.25: Am 2022 (373), Sch 1[23] [25]–[27]; 2025 (692), Sch 1[134]. 5.26 Additional exempt and complying development (1) The Port Operator may propose to the Minister that additional categories of development be specified as exempt development or complying development under this Chapter. (2) For the purpose of considering any such amendment, the Minister may require the Planning Secretary to consider, and to report to the Minister on, any such proposal. s 5.26: Am 2022 (373), Sch 1[6]. Part 5.4 State significant development and State significant infrastructure 5.27 State significant development (1) Development is declared to be State significant development for the purposes of the Act if— (a) it is carried out on land within the Lease Area or on unzoned land under this Chapter, and (b) it is, by operation of an environmental planning instrument, not permissible without development consent under Part 4 of the Act, and (c) it has an estimated development cost of more than $100 million or it is designated development (other than development specified in clause 28(c) or 30 (shipping facilities) of Schedule 3 to the Environmental Planning and Assessment Regulation 2000 ). (2) State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this Chapter to be State significant development as if the declaration was made under State Environmental Planning Policy (State and Regional Development) 2011 . (3) Despite subclause (2), clause 8(1) of State Environmental Planning Policy (State and Regional Development) 2011 does not apply to development carried out on land within the Lease Area or on land that is unzoned land under this Chapter. (4) Clause 12 of State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this section to be State significant development in the same way it applies to development specified in Schedule 1 or 2 to State Environmental Planning Policy (State and Regional Development) 2011 . s 5.27: Am 2023 (523), Sch 2.8[13]. 5.28 State significant infrastructure (1) Development is declared, pursuant to section 5.12 (2) of the Act, to be State significant infrastructure for the purposes of the Act if— (a) it is carried out on land within the Lease Area or on unzoned land under this Chapter, and (b) the development on that land is, by the operation of a State environmental planning policy, permissible without development consent under Part 4 of the Act, and (c) the development is for the purposes of port facilities or wharf or boating facilities carried out by or on behalf of a public authority, being development having an estimated development cost of more than $100 million, or for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or development that involves reclamation work. (2) State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this Chapter to be State significant infrastructure as if the declaration was made under State Environmental Planning Policy (State and Regional Development) 2011 . (3) Despite subsection (2), clause 14(1) of State Environmental Planning Policy (State and Regional Development) 2011 does not apply to development specified in clause 2 of Schedule 3 to that Policy if the development is carried out on land within the Lease Area or on land that is unzoned land under this Chapter. (4) Clause 19 of State Environmental Planning Policy (State and Regional Development) 2011 applies to development declared by this section to be State significant infrastructure in the same way it applies to development specified in Schedule 3, 4 or 5 to State Environmental Planning Policy (State and Regional Development) 2011 . (5) This section does not apply to development specified in clause 3 of Schedule 3 to State Environmental Planning Policy (State and Regional Development) 2011 . s 5.28: Am 2023 (523), Sch 2.8[13]. Part 5.5 Miscellaneous 5.29 Preservation of trees or vegetation (1) The objective of this section is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. (2) This section applies to species or kinds of trees or other vegetation on land to which this Chapter applies (other than the Lease Area) that are prescribed for the purposes of this section by a development control plan made by the Council of the area in which they are situated or by the Planning Secretary. Note. A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner. (3) A person must not cut down, top, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by— (a) development consent, or (b) a permit or an approval granted by the Council of the area in which the tree or vegetation is situated. (4) The refusal by the Council to grant a permit or an approval to a person who has duly applied for the grant of the permit or approval is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. (5) This section does not apply to a tree or other vegetation that the Council of the area in which the tree or vegetation is situated is satisfied is dying or dead and is not required as the habitat of native fauna. (6) This section does not apply to a tree or other vegetation that the Council of the area in which the tree or vegetation is situated is satisfied is a risk to human life or property. (7) A permit or approval must not allow cutting down, topping, pruning, removal, injuring or destruction of a tree or other vegetation— (a) that is or forms part of a heritage item, or (b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance, unless the Council is satisfied that the proposed activity— (c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object or Aboriginal place of heritage significance, and (d) would not adversely affect the heritage significance of the heritage item, Aboriginal object or Aboriginal place of heritage significance. Note. As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 5.31 will be applicable to any such consent. (8) This section does not apply to or in respect of— (a) the clearing of native vegetation— (i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 , or (ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003 ) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916 , or (d) action required or authorised to be done by or under the Electricity Supply Act 1995 , the Roads Act 1993 or the Surveying and Spatial Information Act 2002 , or (e) plants declared to be noxious weeds under the Noxious Weeds Act 1993 , or (f) plants declared to be marine vegetation under the Fisheries Management Act 1994 . Note. Permissibility may be a matter that is determined by or under any of these Acts. s 5.29: Am 2022 (373), Sch 1[6] [28]–[33]. 5.30 Other trees or vegetation (1) This section applies to any tree or other vegetation on land to which this Chapter applies that— (a) is not of a species or kind prescribed for the purposes of section 5.29 by a development control plan made by the Council of the area in which the tree or vegetation is situated or by the Planning Secretary, or (b) is situated within the Lease Area. (2) The cutting down, topping, pruning, removal, injuring or destruction of any tree or other vegetation to which this section applies is permitted without development consent. s 5.30: Am 2022 (373), Sch 1[6] [32] [34]. 5.31 Heritage conservation (1) Objectives The objectives of this section are as follows— (a) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (b) to conserve archaeological sites, (c) to conserve Aboriginal objects and Aboriginal places of heritage significance. (2) Requirement for consent Development consent is required for any of the following— (a) demolishing or moving a heritage item, (b) altering a heritage item that is a building by making structural changes to its interior, (c) erecting a building on land on which a heritage item is located. (3) When consent not required However, development consent under this section is not required if— (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development— (i) is of a minor nature or is for the maintenance of the heritage item, and (ii) would not adversely affect the heritage significance of the heritage item, or (b) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (c) the development is making changes to the exterior of a heritage item, including in the case of a building making structural changes to the detail, fabric, finish or appearance of the building, or (d) the development is exempt development. (4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this section in respect of a heritage item, consider the effect of the proposed development on the heritage significance of the item concerned. This subsection applies regardless of whether a heritage management document is prepared under subsection (4) or a heritage conservation management plan is submitted under subsection (5). (5) Heritage assessment The consent authority may, before granting consent to any development— (a) on land on which a heritage item is located, or (b) on land that is within the vicinity of land referred to in paragraph (a), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this section. (7) Demolition of nominated State heritage items The consent authority must, before granting consent under this section for the demolition of a nominated State heritage item— (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (8) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Chapter, if the consent authority is satisfied that— (a) the conservation of the heritage item is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area, and (f) the proposed development would not be carried out in the Intertrade Industrial Park. (9) In this section— heritage item means a building, work, tree or place listed in the Table to this section. Table 1—Port Botany Suburb Item name Address Property description Significance Banksmeadow Main Administration Building—‘Orica’ and Mature Ficus, identified as “Item 4” on Heritage Map 16–20 Beauchamp Road Lot 1105, DP 1227173 Local Banksmeadow Pier Hotel, identified as “Item 2” on the Heritage Map 1751 Botany Road Lot 1, DP 1031248 Local Banksmeadow Botany Bay Hotel, identified as “Item 3” on the Heritage Map 1807 Botany Road Lot A, DP 333268 Local Botany Canary Island Date Palms (Phoenix canariensis), identified as “Item 1” on the Heritage Map 23 Byrnes Street Lot 1, DP 169307 Local Table 2—Port Kembla Suburb Item name Address Property description Significance Port Kembla Mobile Block Setting Steam Crane, identified as “4” on the Heritage Map Eastern Breakwater Harbour Lot 4, DP 114693 Local Port Kembla Hill 60, Illowra Battery (State Heritage Register listing 01492), identified as “5” on the Heritage Map Gloucester Boulevard Lot 3, DP 1146913 and Lot 1, DP 825951 Local Port Kembla Brick Chimney, Port Kembla Copper, identified as “3” on the Heritage Map Military Road Lot 21, DP 546139 Local Port Kembla Office and House, Port Kembla Copper, identified as “2” on the Heritage Map Military Road Lot 21, DP 546139 Local Table 3—Port of Newcastle Suburb Item name Address Property description Significance Carrington Hydraulic Power Station, identified as “Item 10” on the Heritage Map 106 Bourke Street Lot 30, DP 1190075 State Carrington Bullock Island Crane Bases (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15), identified as “Item 9” on the Heritage Map 192 Dyke Road Part Lot 93, DP 1193181; Part Lot 219, DP 1195310; Part Lot 5, DP 1104199 State (7, 8, 9, 10) Local (1, 2, 3, 4, 5, 6, 13, 14, 15) Carrington Former McMyler Hoist, identified as “Item 11” on the Heritage Map 192 Dyke Road Part Lot 219, DP 1195310 Local Carrington Former Armstrong & Royce Timber Mill site *A, identified as “Item 12” on the Heritage Map 45 Fitzroy Street Part Lot 100, DP 1014244 Local Carrington Former Earp Woodcock Beveridge & Co site *A, identified as “Item 13” on the Heritage Map 45 Fitzroy Street Part Lot 100, DP 1014244 Local Carrington Former Morison Bearby Warehouse (Hill Street facade only), identified as “Item 14” on the Heritage Map 92 Hill Street Part Lot 11, DP 1023961 Local Kooragang Palm, identified as “Item 8” on the Heritage Map 2 Greenleaf Road Part Lot 1, DP 575674 Local Mayfield North Former Stewart and Lloyd’s Administration Buildings 2, 3 and 4, identified as “Item 2” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North Former Stewart and Lloyd’s Main Administration Building, identified as “Item 3” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North No 1 Change House, identified as “Item 1”on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North 1st Mill Building *A, identified as “Item 19” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North Tool Room, identified as “Item 4” on the Heritage Map 133 Ingall Street Part Lot 31, DP 1116571 Local Mayfield North Delprat’s Quarters, identified as “Item 5” on the Heritage Map 133A Ingall Street Lot 32, DP 1116571 Local Mayfield North Apprentice Training Centre, identified as “Item 7” on the Heritage Map 135 Ingall Street Part Lot 2, DP 1032755 Local Mayfield North Cycle Sheds for No 2 Rod Mill, identified as “Item 6” on the Heritage Map 135 Ingall Street Part Lot 2, DP 1032755 Local Mayfield North BHP Administration Building, identified as “Item 17” on the Heritage Map 99 Selwyn Street Part Lot 332, DP 1176879 Local Mayfield North Quality Control Laboratory, identified as “Item 18” on the Heritage Map 99 Selwyn Street Part Lot 332, DP 1176879 Local Newcastle Nobby’s Lighthouse*, Headland and Breakwater (Macquarie Pier), identified as “Item 16” on the Heritage Map 41 Nobbys Road Lot 1051–1053, DP 1189091, Part Crown Reserve State Newcastle Stone Boat Harbour (Relic), identified as “Item 15” on the Heritage Map 100 Wharf Road Lot 1–2, DP 1252445 State Note 1— Heritage items marked with an asterisk (*) are also subject to National or Commonwealth heritage listings. Note 2— Heritage items marked with an (*A) are archaeological sites. s 5.31: Am 2022 (373), Sch 1[35] [36]; 2022 (517), Sch 1[19] [20]; 2025 (618), Sch 3[3]; 2025 (692), Sch 1[135]. 5.32 Application of consultation requirements (1) Division 1 of Part 2 of State Environmental Planning Policy (Infrastructure) 2007 applies to development referred to in this Chapter carried out by or on behalf of a public authority within the meaning of this Chapter in the same way that it applies to development referred to in that Policy carried out by or on behalf of a public authority within the meaning of that Policy. (2) For the purposes of this section, a reference in that Division to a local heritage item is a reference to a local heritage item within the meaning of this Chapter.

Definitions s 5.2: Am 2022 (373), Sch 1[2]–[4]; 2022 (517), Sch 1[9] [10]; 2023 (523), Sch 2.8[12]; 2024 No 67, Sch 5.6[1]; 2025 (692), Sch 1[130].

(1) In this Chapter— Additional Permitted Uses Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Additional Permitted Uses Map . approved project means a transitional Part 3A project within the meaning of Schedule 6A to the Act that is an approved project. Australian Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail , 7th edition, approved by the Australian Transport Council. capital dredging means dredging that is carried out for the purpose of— (a) constructing a new navigational channel, or (b) re-opening a discontinued navigational channel, or (c) deepening, widening or extending an existing navigational channel (other than for maintenance purposes), for berthing or navigation purposes. Channel User Licence Agreement means an agreement between Transport for NSW and the Port Operator under which the Port Operator is authorised to use certain channels and berthing boxes. combustible liquid has the same meaning as in the Work Health and Safety Regulation 2017 . Council means— (a) in relation to land within the City of Botany Bay area—the Council of the City of Botany Bay, or (b) in relation to land within the Randwick City area—Randwick City Council, or (c) in relation to land within the Wollongong City area—Wollongong City Council, or (d) in relation to land within the Newcastle City area—Newcastle City Council. dangerous goods has the same meaning as it has in the Dangerous Goods (Road and Rail Transport) Act 2008 . demolition includes the dismantling or removal of a building. dispensing facility means a fuel transfer facility that is intended for the dispensing of liquids from a storage tank to the fuel tank of a vehicle or vessel. dredging means the removal of material from the sea or harbour bed or the bed of a river. environmental management works means— (a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and (b) environmental protection works. estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . freight means any item, goods or produce being transported and includes containers (whether empty or otherwise), gases, livestock, liquids, minerals, plant and equipment, raw materials, vehicles and vessels. Height of Buildings Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Height of Buildings Map . heritage item —see section 5.31(8). Heritage Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Heritage Map . Intertrade Industrial Park means the land identified on the Intertrade Industrial Park Map . Intertrade Industrial Park Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Intertrade Industrial Park Map . Land Application Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Application Map . Land Zoning Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Land Zoning Map . Lease Area means the area shown edged in red and identified as “Port Botany Lease Area” or “Port Kembla Lease Area” or Port of Newcastle Lease Area on the Lease Area Map . Lease Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Lease Area Map . local heritage item means a heritage item within the meaning of section 5.31 that is not a State heritage item. maintenance dredging means dredging and bed levelling for the purpose of maintaining an existing navigational channel at the depth and width specified for the purpose of maintenance dredging in the Channel User Licence Agreement or any Crown lease that authorises the use of that channel. major hazard facility has the same meaning as in the Work Health and Safety Regulation 2017 . Mayfield Bulk Liquid Storage Tanks Area means the area shown edged heavy black on the Mayfield Bulk Liquid Storage Tanks Map . Mayfield Bulk Liquid Storage Tanks Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Mayfield Bulk Liquid Storage Tanks Map . navigation and emergency response facilities means facilities for— (a) water traffic control, safe navigation and other safety purposes (such as beacons, navigation towers, radar towers, communication facilities, vessel monitoring facilities, lighthouses, buoys, marine markers, pilot stations, jetties, breakwaters or training walls), and (b) emergency response, including rescue stations and emergency communication facilities and jetties. navigational channel includes an access channel, swing basin, berthing box or other navigable area. Newcastle LUSS means the Port of Newcastle Land Use Safety Study Final Report , dated 10 October 2017. Outer Harbour Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Outer Harbour Map . Port Botany LUSS means the Port Botany Land Use Safety Study Overview Report , published by Planning NSW in 1996. Port Corporation means the Port Corporation established under the Ports and Maritime Administration Act 1995 . port facilities means facilities on land in the Lease Area, or the Intertrade Industrial Park, used in connection with the carrying of freight and persons by water from one port to another for business or commercial purposes, and includes any of the following— (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and freight receival, processing, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration and port operations buildings and facilities, (g) communication, security and safety facilities, (h) utilities and services, road and rail infrastructure, pipelines and car parks. Port Kembla Bulk Liquid Storage Tank Area means the area shown edged in green and identified as “Port Kembla Bulk Liquid Storage Tank Area” on the Port Kembla Bulk Liquid Storage Tanks Map . Port Kembla Bulk Liquid Storage Tanks Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Port Kembla Bulk Liquid Storage Tanks Map . Port Kembla LUSS means the Port Kembla Land Use Safety Study Overview Report dated 9 October 2023. Port Operator means— (a) in relation to Botany Bay—the port operator (within the meaning of the Ports and Maritime Administration Act 1995 ) of the port of Botany Bay, and (b) in relation to Port Kembla—the port operator (within the meaning of that Act) of the port of Port Kembla, and (c) in relation to the Port of Newcastle—the port operator (within the meaning of that Act) of the Port of Newcastle. public authority includes the Port Operator. reclamation work means any work (other than work undertaken in connection with maintenance dredging) that involves— (a) using any material (such as sand, soil, silt, gravel, concrete, oyster shells, tyres, timber or rocks) to fill in or reclaim land submerged by water (whether permanently or intermittently), or (b) depositing any such material on land submerged by water (whether permanently or intermittently) for the purpose of constructing anything over that land (such as a bridge but not a seawall, groyne or jetty), or (c) draining water from land submerged by water (whether permanently or intermittently) for the purpose of its reclamation. Referral Area Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Three Ports Referral Area Map . State heritage item means an item of State heritage significance, within the meaning of the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act. the Act means the Environmental Planning and Assessment Act 1979 . virgin excavated natural material has the same meaning as in the Protection of the Environment Operations Act 1997 , Schedule 1, clause 50(1). Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.

Development by public authorities (including Port Operator) Notes. 1 Development that is permitted to be carried out with or without consent in land within Zone IN1 General Industrial, Zone IN3 Heavy Industrial, Zone SP1 Special Activities or Zone RE1 Public Recreation is also specified in the Land Use Table set out in this Chapter. 2 Development by a public authority on land within the Lease Area for the purposes of port facilities or wharf or boating facilities, having an estimated development cost of more than $100 million, and development for the purposes of capital dredging (other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres) or that involves reclamation work is declared to be State significant infrastructure under section 5.28 of this Chapter. 3 Other permits or licences may be required under other Acts for development in the Lease Area. s 5.16: Am 2022 (517), Sch 1[18]; 2023 (523), Sch 2.8[13]; 2025 (692), Sch 1[131].

Food and drink premises in Zone SP1 Development consent must not be granted for development for the purposes of food and drink premises on land in Zone SP1 Special Activities if the gross floor area of the food and drink premises is more than 800m 2 . s 5.19B: Ins 2022 (373), Sch 1[11]. Am 2025 (692), Sch 1[132].

Exempt development s 5.24: Am 2022 (373), Sch 1[21]–[24]; 2025 (692), Sch 1[133].

Complying development s 5.25: Am 2022 (373), Sch 1[23] [25]–[27]; 2025 (692), Sch 1[134].

Heritage conservation s 5.31: Am 2022 (373), Sch 1[35] [36]; 2022 (517), Sch 1[19] [20]; 2025 (618), Sch 3[3]; 2025 (692), Sch 1[135].

Table 1—Port Botany Suburb Item name Address Property description Significance Banksmeadow Main Administration Building—‘Orica’ and Mature Ficus, identified as “Item 4” on Heritage Map 16–20 Beauchamp Road Lot 1105, DP 1227173 Local Banksmeadow Pier Hotel, identified as “Item 2” on the Heritage Map 1751 Botany Road Lot 1, DP 1031248 Local Banksmeadow Botany Bay Hotel, identified as “Item 3” on the Heritage Map 1807 Botany Road Lot A, DP 333268 Local Botany Canary Island Date Palms (Phoenix canariensis), identified as “Item 1” on the Heritage Map 23 Byrnes Street Lot 1, DP 169307 Local Table 2—Port Kembla Suburb Item name Address Property description Significance Port Kembla Mobile Block Setting Steam Crane, identified as “4” on the Heritage Map Eastern Breakwater Harbour Lot 4, DP 114693 Local Port Kembla Hill 60, Illowra Battery (State Heritage Register listing 01492), identified as “5” on the Heritage Map Gloucester Boulevard Lot 3, DP 1146913 and Lot 1, DP 825951 Local Port Kembla Brick Chimney, Port Kembla Copper, identified as “3” on the Heritage Map Military Road Lot 21, DP 546139 Local Port Kembla Office and House, Port Kembla Copper, identified as “2” on the Heritage Map Military Road Lot 21, DP 546139 Local Table 3—Port of Newcastle Suburb Item name Address Property description Significance Carrington Hydraulic Power Station, identified as “Item 10” on the Heritage Map 106 Bourke Street Lot 30, DP 1190075 State Carrington Bullock Island Crane Bases (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15), identified as “Item 9” on the Heritage Map 192 Dyke Road Part Lot 93, DP 1193181; Part Lot 219, DP 1195310; Part Lot 5, DP 1104199 State (7, 8, 9, 10) Local (1, 2, 3, 4, 5, 6, 13, 14, 15) Carrington Former McMyler Hoist, identified as “Item 11” on the Heritage Map 192 Dyke Road Part Lot 219, DP 1195310 Local Carrington Former Armstrong & Royce Timber Mill site *A, identified as “Item 12” on the Heritage Map 45 Fitzroy Street Part Lot 100, DP 1014244 Local Carrington Former Earp Woodcock Beveridge & Co site *A, identified as “Item 13” on the Heritage Map 45 Fitzroy Street Part Lot 100, DP 1014244 Local Carrington Former Morison Bearby Warehouse (Hill Street facade only), identified as “Item 14” on the Heritage Map 92 Hill Street Part Lot 11, DP 1023961 Local Kooragang Palm, identified as “Item 8” on the Heritage Map 2 Greenleaf Road Part Lot 1, DP 575674 Local Mayfield North Former Stewart and Lloyd’s Administration Buildings 2, 3 and 4, identified as “Item 2” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North Former Stewart and Lloyd’s Main Administration Building, identified as “Item 3” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North No 1 Change House, identified as “Item 1”on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North 1st Mill Building *A, identified as “Item 19” on the Heritage Map 51 Industrial Drive Part Lot 225, DP 1013964 Local Mayfield North Tool Room, identified as “Item 4” on the Heritage Map 133 Ingall Street Part Lot 31, DP 1116571 Local Mayfield North Delprat’s Quarters, identified as “Item 5” on the Heritage Map 133A Ingall Street Lot 32, DP 1116571 Local Mayfield North Apprentice Training Centre, identified as “Item 7” on the Heritage Map 135 Ingall Street Part Lot 2, DP 1032755 Local Mayfield North Cycle Sheds for No 2 Rod Mill, identified as “Item 6” on the Heritage Map 135 Ingall Street Part Lot 2, DP 1032755 Local Mayfield North BHP Administration Building, identified as “Item 17” on the Heritage Map 99 Selwyn Street Part Lot 332, DP 1176879 Local Mayfield North Quality Control Laboratory, identified as “Item 18” on the Heritage Map 99 Selwyn Street Part Lot 332, DP 1176879 Local Newcastle Nobby’s Lighthouse*, Headland and Breakwater (Macquarie Pier), identified as “Item 16” on the Heritage Map 41 Nobbys Road Lot 1051–1053, DP 1189091, Part Crown Reserve State Newcastle Stone Boat Harbour (Relic), identified as “Item 15” on the Heritage Map 100 Wharf Road Lot 1–2, DP 1252445 State Note 1— Heritage items marked with an asterisk (*) are also subject to National or Commonwealth heritage listings. Note 2— Heritage items marked with an (*A) are archaeological sites.

Moorebank Freight Intermodal Precinct ch 6: Ins 2022 (248), Sch 1[1]. Part 6.1 Preliminary pt 6.1: Ins 2022 (248), Sch 1[1]. 6.1 Definitions (1) In this Chapter— appropriate fill means— (a) virgin excavated natural material within the meaning of the Protection of the Environment Operations Act 1997 , Schedule 1, or (b) fill that is re-used in accordance with an excavated natural material exemption under the Protection of the Environment Operations (Waste) Regulation 2014 , Part 9. freight intermodal facility means a building or place used in connection with the carrying of freight and persons by rail for business or commercial purposes and includes the following— (a) rail sidings, (b) facilities for the embarkation or disembarkation of passengers, (c) facilities for the loading or unloading of freight, receiving and processing freight, land transport and storage facilities, (d) administration and operations buildings and facilities, (e) communication, security and safety facilities, (f) utilities and services, road and rail infrastructure, pipelines and car parks. freight support facility means a building or place used for the purposes of commercial premises or light industry in connection with a freight intermodal facility. Height of Buildings Map means the State Environmental Planning Policy (Transport and Infrastructure) 2021 Moorebank Freight Intermodal Precinct Height of Buildings Map. heritage item means a heritage item identified in an environmental planning instrument applying to the land. Moorebank Freight Intermodal Precinct or Precinct means the land identified as the Moorebank Freight Intermodal Precinct on the State Environmental Planning Policy (Transport and Infrastructure) 2021 Moorebank Freight Intermodal Precinct Land Application Map. Precinct facilities means the following in the Precinct— (a) freight intermodal facilities, (b) freight support facilities, (c) warehouse or distribution centres. (2) Words and expressions used in this Chapter have the same meaning as they have in the standard instrument set out at the end of the Standard Instrument (Local Environmental Plans) Order 2006 , unless otherwise defined in this Chapter. s 6.1: Ins 2022 (248), Sch 1[1]. 6.2 Land to which Chapter applies This Chapter applies to the Moorebank Freight Intermodal Precinct. s 6.2: Ins 2022 (248), Sch 1[1]. 6.3 Relationship with other environmental planning instruments (1) This Chapter prevails to the extent of any inconsistency between this Chapter and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . (2) This Chapter does not restrict or prohibit the carrying out of development on land to which this Chapter applies that is permitted to be carried out with or without development consent, or that is exempt or complying development, under— (a) Chapter 2, or (b) another environmental planning instrument. s 6.3: Ins 2022 (248), Sch 1[1]. 6.4 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the instruments when the instruments are made. (2) Any 2 or more named maps may be combined into a single map and a reference in this Chapter to the named map is a reference to the relevant part or aspect of the single map. (3) The maps adopted by this Chapter must be kept electronically and made available for public access in accordance with arrangements approved by the Minister. s 6.4: Ins 2022 (248), Sch 1[1]. Part 6.2 Exempt and complying development pt 6.2: Ins 2022 (248), Sch 1[1]. 6.5 Exempt development (1) Development specified in Schedule 12 is exempt development if the development complies with— (a) the requirements of this Part, and (b) the development standards specified in Schedule 12. (2) To be exempt development, the development— (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia , or if there are no relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia , and (c) must be installed in accordance with the manufacturer’s specifications, if applicable, and (d) must not involve the removal or pruning of a tree or other vegetation that requires a permit, approval or development consent, unless the removal or pruning is carried out in accordance with the permit, approval or development consent, and Example— A permit or approval may be required under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 2 or other legislation. (e) must not be carried out on land— (i) that is, or on which there is, a State Heritage item, to the extent the land is described and mapped on the State Heritage Register under the Heritage Act 1977 , or (ii) subject to an interim heritage order under the Heritage Act 1977 . (3) Subsection (2)(e) does not apply if the development is subject to an exemption under the Heritage Act 1977 , section 57(2) or (3). (4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or 2–9 is exempt development if— (a) the building has a current fire safety certificate or fire safety statement, or (b) no fire safety measures are currently implemented, required or proposed for the building. (5) A heading to a section in Schedule 12 is part of the Schedule. (6) In this section— State Heritage item means an item listed on the State Heritage Register under the Heritage Act 1977 . s 6.5: Ins 2022 (248), Sch 1[1]. 6.6 Complying development (1) Development specified in Schedule 13 is complying development if the development complies with— (a) the requirements of this Part, and (b) the development standards specified in Schedule 13. (2) To be complying development, the development must— (a) be permissible with development consent under an environmental planning instrument applying to the land on which the development is carried out, and (b) meet the relevant provisions of the Building Code of Australia , and (c) before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993 — (i) for each opening of a public road required by the development, and (ii) to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and (d) not be potentially hazardous industry or potentially offensive industry, within the meaning of the State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3, and (e) if it is likely to affect a heritage item—involve no more than minimal impact on the heritage significance of the item, and (f) not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 . (3) A complying development certificate for development specified in Schedule 13, Part 1 is subject to the conditions specified in Schedule 13, Part 2. (4) A heading to a section in Schedule 13 is part of the Schedule. s 6.6: Ins 2022 (248), Sch 1[1]. 6.7 Conditions of applicable development consents (1) To be exempt or complying development, the development must not contravene a condition of a development consent, other than a complying development certificate, that applies to the land on which the development is carried out relating to the following— (a) noise or vibration, (b) air, soil or water quality other than conditions relating to fill, earthworks, dust minimisation or meteorological monitoring, (c) road upgrades, (d) ecologically sustainable development, (e) pest and weed control, (f) (g) biodiversity and riparian corridors, (h) landscaping, (i) erosion and sediment control, (j) environmental management, (k) rainwater reuse and on-site stormwater detention and drainage, (l) bush fire risk management, (m) contamination and remediation, (n) hazards and risks, (o) waste management, (p) emergency response, (q) shipping container transfer or movement, (r) intermodal rail transport, (s) demolition, (t) telecommunications, (u) parking, (v) heritage. (2) This section does not apply to a condition of a development consent that— (a) limits development on the land to the use permitted by the development consent, or (b) limits the time of day during which construction may be carried out. s 6.7: Ins 2022 (248), Sch 1[1]. Am 2022 (742), Sch 1[18]–[25]. Part 6.3 Height of buildings pt 6.3: Ins 2022 (248), Sch 1[1]. 6.8 Height of buildings The height of a building erected as exempt or complying development under this Chapter must not exceed the maximum height shown for the land on the Height of Buildings Map . s 6.8: Ins 2022 (248), Sch 1[1]. 6.9 Additional height for warehouse or distribution centres in “Area A” (1) A building erected as complying development under Schedule 13, section 2 on land identified as “Area A” on the Height of Buildings Map may have a building height of up to 45m. (2) Subsection (1) applies if— (a) no more than 40% of the footprint of the building exceeds the maximum height shown for the land on the Height of Buildings Map , and (b) the part of the building with a height exceeding the maximum height shown for the land on the Height of Buildings Map is located on the eastern side of the land. s 6.9: Ins 2022 (248), Sch 1[1]. Part 6.4 Impact of development on traffic pt 6.4: Ins 2022 (248), Sch 1[1]. 6.10 Applications for traffic certificates (1) A person who proposes to carry out development specified in Schedule 13, sections 1–3 on land in the Precinct may, with the consent of the owner of the land, apply to the Planning Secretary for a traffic certificate for the development. (2) An application must— (a) be in the form approved by the Planning Secretary, and (b) be submitted on the NSW planning portal, and (c) be accompanied by the fee prescribed by the regulations, and (d) include the following information— (i) the name and address of the applicant, (ii) the address, and particulars of title, of the subject land, (iii) a description of the development, (iv) the gross floor area of proposed warehouse or distribution centres, (v) data about heavy vehicle traffic in the Precinct over the previous 6 weeks, (vi) the impact of the development on heavy vehicle traffic in the Precinct. s 6.10: Ins 2022 (248), Sch 1[1]. 6.11 Determination of applications for traffic certificates (1) The Planning Secretary must determine an application for a traffic certificate for development by issuing or refusing to issue a certificate. (2) The Planning Secretary may issue a traffic certificate for development if satisfied that the development will not have an unacceptable impact on the safe and efficient operation of the surrounding road network. (3) The Planning Secretary must not issue a traffic certificate for development for the purposes of warehouse or distribution centres if the development will result in the gross floor area of all buildings used for warehouse or distribution centres in the Precinct exceeding 1,220,000m 2 . (3A) The Planning Secretary must not issue a traffic certificate— (a) if the maximum daily capacity of heavy vehicles in the Precinct has been reached, or (b) if an interim threshold in subsection (4)(b) has been reached—unless the Planning Secretary is satisfied that a traffic audit has been undertaken for each interim threshold. (4) In deciding whether to issue a traffic certificate, the Planning Secretary must consider the following matters— (a) whether the maximum daily capacity of 10,798 heavy vehicles in the Precinct has been reached, (b) whether the number of heavy vehicles in the Precinct has reached one of the following interim thresholds of the maximum daily capacity in the Precinct— (i) 25%, (ii) 50%, (iii) 75%, (c) where a traffic audit is required—the performance of the road network in the Precinct, (d) the implementation plan. (5) Before determining an application for a traffic certificate for development, the Planning Secretary may request that an applicant provide additional information about the development that the Planning Secretary considers necessary to properly consider the application. (6) A traffic certificate remains in force for 12 months after it is issued. (7) In this section— heavy vehicle has the same meaning as in the Heavy Vehicle National Law (NSW) . implementation plan means the Implementation Plan: Transport and Infrastructure SEPP—Chapter 6—Moorebank Freight Intermodal Precinct , published by the Department in November 2025. traffic audit means an independent traffic audit undertaken in accordance with the implementation plan by an independent traffic auditor approved by the Planning Secretary. s 6.11: Ins 2022 (248), Sch 1[1]. Am 2024 (654), Sch 1[49]; 2025 (692), Sch 1[136] [137].

Impact of development on traffic pt 6.4: Ins 2022 (248), Sch 1[1]. 6.10 Applications for traffic certificates (1) A person who proposes to carry out development specified in Schedule 13, sections 1–3 on land in the Precinct may, with the consent of the owner of the land, apply to the Planning Secretary for a traffic certificate for the development. (2) An application must— (a) be in the form approved by the Planning Secretary, and (b) be submitted on the NSW planning portal, and (c) be accompanied by the fee prescribed by the regulations, and (d) include the following information— (i) the name and address of the applicant, (ii) the address, and particulars of title, of the subject land, (iii) a description of the development, (iv) the gross floor area of proposed warehouse or distribution centres, (v) data about heavy vehicle traffic in the Precinct over the previous 6 weeks, (vi) the impact of the development on heavy vehicle traffic in the Precinct. s 6.10: Ins 2022 (248), Sch 1[1]. 6.11 Determination of applications for traffic certificates (1) The Planning Secretary must determine an application for a traffic certificate for development by issuing or refusing to issue a certificate. (2) The Planning Secretary may issue a traffic certificate for development if satisfied that the development will not have an unacceptable impact on the safe and efficient operation of the surrounding road network. (3) The Planning Secretary must not issue a traffic certificate for development for the purposes of warehouse or distribution centres if the development will result in the gross floor area of all buildings used for warehouse or distribution centres in the Precinct exceeding 1,220,000m 2 . (3A) The Planning Secretary must not issue a traffic certificate— (a) if the maximum daily capacity of heavy vehicles in the Precinct has been reached, or (b) if an interim threshold in subsection (4)(b) has been reached—unless the Planning Secretary is satisfied that a traffic audit has been undertaken for each interim threshold. (4) In deciding whether to issue a traffic certificate, the Planning Secretary must consider the following matters— (a) whether the maximum daily capacity of 10,798 heavy vehicles in the Precinct has been reached, (b) whether the number of heavy vehicles in the Precinct has reached one of the following interim thresholds of the maximum daily capacity in the Precinct— (i) 25%, (ii) 50%, (iii) 75%, (c) where a traffic audit is required—the performance of the road network in the Precinct, (d) the implementation plan. (5) Before determining an application for a traffic certificate for development, the Planning Secretary may request that an applicant provide additional information about the development that the Planning Secretary considers necessary to properly consider the application. (6) A traffic certificate remains in force for 12 months after it is issued. (7) In this section— heavy vehicle has the same meaning as in the Heavy Vehicle National Law (NSW) . implementation plan means the Implementation Plan: Transport and Infrastructure SEPP—Chapter 6—Moorebank Freight Intermodal Precinct , published by the Department in November 2025. traffic audit means an independent traffic audit undertaken in accordance with the implementation plan by an independent traffic auditor approved by the Planning Secretary. s 6.11: Ins 2022 (248), Sch 1[1]. Am 2024 (654), Sch 1[49]; 2025 (692), Sch 1[136] [137].

Determination of applications for traffic certificates s 6.11: Ins 2022 (248), Sch 1[1]. Am 2024 (654), Sch 1[49]; 2025 (692), Sch 1[136] [137].

(4) In deciding whether to issue a traffic certificate, the Planning Secretary must consider the following matters— (a) whether the maximum daily capacity of 10,798 heavy vehicles in the Precinct has been reached, (b) whether the number of heavy vehicles in the Precinct has reached one of the following interim thresholds of the maximum daily capacity in the Precinct— (i) 25%, (ii) 50%, (iii) 75%, (c) where a traffic audit is required—the performance of the road network in the Precinct, (d) the implementation plan.

Exempt development—Chapter 2 sch 1, hdg: Am 2022 (248), Sch 1[2]. Note. Section 2.21 and this Schedule do not apply to development carried out by public authorities in connection with an existing educational establishment. Exempt development of that kind is provided for in Chapter 3. Development purpose Development standards General provisions Access ramps for persons with a disability • Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks. • Grade must not exceed 1:14 and must comply with AS 1428.1–2001 , Design for access and mobility—General requirements for access—New building work . • Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item. Air conditioning units • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013 , Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements . • Noise level must not exceed 5dB(A) above ambient background noise level measured at property boundary. Awnings, canopies, pergolas and storm blinds • Surface area must not exceed 20m 2 . • Height must not exceed 2.4m above ground level (existing). • Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary. Building external alterations including re-cladding roofs or walls • Must involve only repair or renovation, or painting, plastering or other decoration, of building. • Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building. • Must not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 . • Any re-cladding must— (i) not involve structural alterations, and (ii) involve only replacing existing materials with similar materials unless the use of those materials is a breach of these development standards. Building internal alterations • Must be non-structural alterations to existing building only, such as— (i) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or (ii) inclusion of built-in fixtures. • Must not affect load-bearing capacity of any load-bearing component of building. Bush regeneration works • May involve the installation of temporary fencing. • Must not involve— (a) the creation of access tracks, or (b) the use of machinery, or (c) works involving significant soil disturbance. Car parks—at grade car parks only • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates). • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 ) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995 . • Must not exceed 200 spaces for a site with access to any road or 50 spaces for a site with access to a classified road or to a road that connects to a classified road (if the access is within 90m of that connection, measured along the alignment of the connecting road). Carports associated with an existing building • Floor area must not exceed 36m 2 . • Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m above ground level (existing). • Must be located behind any relevant building setback. • Must be no part of structure within 500mm of any side or rear boundary. • Stormwater drainage or run-off must be via connection to existing stormwater system. Decks (unroofed and attached to a building that is not located on bush fire prone land) • Surface area must not exceed 10m 2 . • Finished surface level must not be more than 1m above ground level (existing). • Boundary setbacks for existing building to be maintained. Demolition of buildings or structures, including sheds, kiosks, ceilings, partitions, stairs, ducts, fencing, flagpoles and advertising structures • Building or structure must not be a heritage item, unless the building or structure is development to which the Heritage Act 1977 , section 57(1A), (2) or (3) applies. • Must be carried out in accordance with AS 2601:2025 , The demolition of structures and must not cover an area of more than 250m 2 . Fences—erection of security fences • Must be on land owned or controlled by a public authority. • Height must not exceed 3m above ground level (existing). Fences (other than security fences or fences covered by the Swimming Pools Act 1992 ) • Must be constructed so as not to prevent natural flow of stormwater drainage or run-off. • Height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line, or 1.2m if forward of that line, in any of the following land use zones or a land use zone that is equivalent to any of those zones— (i) Zone R1 General Residential, (ii) Zone R2 Low Density Residential, (iii) Zone R3 Medium Density Residential, (iv) Zone R4 High Density Residential, (v) Zone R5 Large Lot Residential, (vi) Zone RU5 Village. • Must not include masonry construction to a height of more than 900mm above ground level (existing). Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks Flagpoles • Height must not exceed 6m above ground level (existing) or above an existing building. • Must not display commercial advertising. • Flagpole structure and any attached flag must not project over public road. Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) • Must be in accordance with AS 4687—2007 , Temporary fencing and hoardings . • Must not encroach onto footpath or public thoroughfare. • Must be removed immediately on completion of work if removal will not give rise to safety risk. Investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling) relating to proposed development or for the purposes of infrastructure system development or determining the safety or condition of infrastructure • Must not involve any greater disturbance of the ground or vegetation than is necessary. • Must not result in an increase in stormwater drainage or run-off from the site concerned. Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 2 Lighting—construction or maintenance • Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997 , Control of the obtrusive effects of outdoor lighting . • Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth). Offices—portable • Height must not exceed 1 storey. • Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site. • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 ) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995 . Rainwater and bore water tanks • Height (including any stand) must not exceed 2.4m above ground level (existing). • No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building. • Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank. • Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing). • Must not be installed over any structure or fittings used by public authority to maintain water or sewer main. • Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate). Retaining walls • Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m. • Must not prevent the natural flow of stormwater drainage/run-off. Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) • Must not encroach onto footpath or public thoroughfare. • Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary. • Must be in accordance with AS/NZS 1576.1:2010 , Scaffolding, Part 1: General Requirements . • Must be removed immediately on completion of work if removal will not give rise to safety risk. Security cameras—installation for security purposes Sheds • Must be free-standing, prefabricated and constructed of non-reflective materials. • Development must not result in shed with a total floor area exceeding 30m 2 . • Height must not exceed 2.5m above ground level (existing). • Must be located in rear of infrastructure facility. Skylight or roof windows • Area of skylight must not exceed 2m 2 . • Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings. • Work must not reduce structural integrity of building or involve structural alterations. General provisions: signs Existing signs—maintenance, replacement or change in display if existing sign is exempt under Chapter 2 • Must not involve a change in area, form or shape. Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings) • Surface area must not exceed 3.5m 2 . • Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence. • Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997 , Control of the obtrusive effects of outdoor lighting . Identification, directional, community information or safety signs associated with the use of road infrastructure • Must be consistent with road safety policies and guidelines on outdoor advertising approved by the Planning Secretary for the purpose of this provision and published in the Gazette. Temporary signs advertising an event and associated relevant details including sponsorship of the event • Surface area must not exceed 3.5m 2 . • Must be located wholly within property boundary. • Must not be displayed earlier than 28 days before event and must be removed within 14 days after event. • Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997 Control of the obtrusive effects of outdoor lighting . General provisions: subdivision Boundaries—adjustment to the boundary of a lot (including to widen a public road or create a public reserve) • Must not result in— (i) creation of any additional lot or legal right to erect dwelling, or (ii) creation of lot that depends on use of services provided to, or utilities of, another lot, or (iii) change in area of any lot by more than 10 per cent, or (iv) increased bush fire risk to existing buildings. sch 1: Am 2022 (517), Sch 1[1] [7]; 2022 (742), Sch 1[26]–[28]; 2025 (692), Sch 1[138] [139].

Exempt and complying development in relation to telecommunications facilities—Chapter 2 sch 4, hdg: Am 2022 (248), Sch 1[5]. Part 1 Exempt development Column 1 Column 2 Item Development purpose Development standards 1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) 1.1 If the development is carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling— (a) in the case of a dish located on a roof—the dish must not be more than 1.2 metres in diameter and be no higher than 1.8 metres above the highest point of the roof, or (b) in the case of a ground mounted dish—the dish must— (i) be located in the rear yard, and (ii) be not more than 1.2 metres in diameter, and (iii) be no higher than 1.8 metres above the highest point of the existing ground level on the lot. 1.2 If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling, the dish must be no more than 1.8 metres in diameter. 1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. 1.4 If the dish is mounted on a heritage item or in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. 2 Panel antenna, yagi antenna or other directional antenna 2.1 The antenna— (a) must be flush mounted to an existing structure, or (b) if not flush mounted, must not be— (i) more than 2.8 metres long, or (ii) more than 5.8 metres (including support mount) in height above the building or structure to which it is attached. 2.2 If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted. 2.3 The antenna must be the same colour as its background or painted a neutral colour such as grey. 2.4 If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary. 3 Omnidirectional antenna 3.1 An antenna must not be— (a) more than 4.5 metres long excluding support mount, or (b) outrigged more than— (i) 500mm from the support mount, or (ii) if required for the NSW Government Telecommunications Network—2m from the support mount, or (c) more than 6.5 metres in height including support mount unless required for the NSW Government Telecommunications Network in which case must not be more than 8.0 metres in height including support mount. 3.2 If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. 4 Microcell installation 4.1 If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume. 4.2 If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long. 4.3 If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long. 5 In-building coverage installation (picocell installation) for the purposes of improving broadband coverage to wireless technology users or the coverage of mobile phone users operating inside the building 5.1 All elements of the installation must be wholly located within a building, structure or tunnel, or integrated with the building, structure or tunnel in such a way as to have the general appearance of being part of the structure. 6 Equipment installed inside a structure 6.1 Equipment installed inside a structure (including an antenna and fibre-optic cable) must be concealed in the existing structure. 7 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 7.1 The extension must be— (a) no greater than 5 metres in height, and (b) for— (i) co-location purposes, or (ii) the purposes of accommodating a technology upgrade for 1 or more carriers on the same tower. 7.2 The tower to be extended must not have previously been extended. 8 Replacement of a tower 8.1 If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5— (a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and (b) the replacement tower must be located within 10 metres of the position of the original tower. 8.2 If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5— (a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and (b) the replacement tower must be located within 20 metres of the position of the original tower but no closer to land in Zone R1, R2, R3, R4, R5 or RU5. 8.3 The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower). 8.4 The original tower must be decommissioned and removed within 12 weeks of the telecommunications equipment on the replacement tower being commissioned. 8.5 The location of the tower that has been removed must be restored to a condition that is similar to its condition before the original tower was installed and landscaped as appropriate. 9 Underground housing 9.1 If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres. 9.2 The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed. 10 Above ground housing of any of the following kinds— (a) a pillar, cabinet or pedestal installation, (b) an equipment shelter, (c) housing within a building for subscriber connection equipment, (d) if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6—a solar panel used to power telecommunications equipment contained in the above ground housing. 10.1 If the development is a pillar, cabinet or pedestal installation, it must— (a) not be more than 2 metres high, and (b) have a base area of not more than 2 square metres. 10.2 If the development is an equipment shelter (other than an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like), it must— (a) not be more than 2.5 metres high, and (b) have a base area of not more than 5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and (c) be the same colour as its background or painted a neutral colour such as grey. 10.3 If the development is an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like, it must— (a) not be more than 3 metres high, and (b) have a base area of not more than 7.5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and (c) be the same colour as its background or painted a neutral colour such as grey. 10.4 If the development is a solar array used to power telecommunications equipment contained in the above ground housing, the base area of the array must not be more than 12.5m 2 . 10.5 If the development is on a heritage item or in a heritage conservation area, it must not be visible from the street at ground level from the property boundary. 11 Underground conduit or cable including subscriber connection and fibre-optic cable for broadband 11.1 The conduit or cable may only be— (a) laid in an existing trench, or (b) laid in a trench that has been lawfully created for any other purpose, or (c) hauled or otherwise deployed through a duct, pit, hole, tunnel or conduit, or (d) installed in, on or under an existing bridge. 11.2 A marking post or sign must be erected indicating the location of the conduit or cable. 11.3 After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable. 11.4 The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed. 12 Above ground cable for subscriber connection or fibre-optic cable for broadband for pole to premises installation 12.1 The cable must— (a) be co-located with an above ground electricity supply connection, or (b) comply with item 12.2. 12.2 If the cable is not co-located with an above ground electricity supply connection— (a) the installation of the cable must not disturb soil or vegetation any more than is necessary for the installation, and (b) the cable must not increase run-off from the site or adversely affect stormwater drainage, and (c) the maximum external cross section of part of a cable or a bundle of cables must not be more than 48mm, and (d) if the cable is located on a heritage item or within a heritage conservation area—the cable must not be visible from the street at ground level from the property boundary. 13 Conduit or cable on or within a building for subscriber connection or fibre-optic cable for broadband 13.1 If installed on a building, the conduit or cable— (a) must not be located on a street-facing facade of the building, and (b) if located on a heritage item or within a heritage conservation area—must not be visible from the street at ground level from the property boundary. 14 Boring or directional drilling in connection with a telecommunications facility 14.1 The boring or directional drilling must take place at a minimum depth of 600 millimetres. 14.2 The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out. 15 Public payphone 15.1 The public payphone cabinet or booth must— (a) be for use solely for carriage and content services, and (b) not be designed for other uses (for example, as a vending machine), and (c) not be fitted with devices or facilities for other uses, and (d) not display commercial advertising other than advertising related to the supply of standard telephone services. 15.2 The public payphone instrument must— (a) be for use solely for carriage and content services, and (b) not be designed for other uses (for example, as a vending machine), and (c) not be fitted with devices or facilities for other uses, and (d) not be used to display commercial advertising other than advertising related to the supply of standard telephone services or displayed as part of the supply of a content service. 16 Installation and use of telecommunications facilities— (a) for use in an emergency, or (b) to provide assistance to an emergency services organisation. 17 Installation and use of temporary telecommunications facilities— (a) to provide service or coverage during either routine or emergency maintenance of an existing telecommunications facility, or (b) to provide service or coverage during the construction or installation of a replacement telecommunications facility, or (c) to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. 17.1 The facility must— (a) not permanently alter any building or site so that, upon removal, the building or site is in a substantially different condition than it was before the establishment of the facility, and (b) be removed within 28 days after the need for the facility has ceased. 18 Ancillary facilities to a telecommunications facility for any of the following purposes— (a) to ensure the protection or safety of the telecommunications facility, members of the public in close proximity to that facility or persons required to access and maintain that facility, (b) to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes, (c) to ensure the proper operation and efficient functioning of the telecommunications facility. 18.1 If located on a heritage item or in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. 18.2 The facilities must not include a power generator. 19 Maintenance activities in relation to a telecommunications facility for any of the following purposes— (a) the maintenance or repair of the facility, (b) to ensure the proper functioning of the facility. 19.1 The maintenance activities must not result in any more than a minimal increase in size, area occupied by, or noise levels associated with the facility. 19A Decommission of telecommunications facility 19A.1 The decommissioning must be carried out by or on behalf of a public authority. 19A.2 The facility must not be located on environmentally sensitive land or on land within Zone C1. 19A.3 The site must be restored to at least the same condition that it was in before the facility was constructed. 20 Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site. 21 Maintenance of existing access tracks used to access base telecommunication facilities 21.1 The maintenance activities must— (a) be restricted to operators of a Government Telecommunications Network, and (b) not increase the width of the track, and (c) not disturb soil or vegetation any more than is necessary for the maintenance, and (d) not increase run-off from the site or adversely affect stormwater drainage. 22 The installation of a premises connection device 22.1 The premises connection device must be— (a) mounted on an existing wall of the premises, and (b) fixed at the lowest point possible for effective operation, and (c) no more than 300mm by 300mm and 100mm deep. 23 The installation of a riser pole on premises 23.1 The riser pole must— (a) not extend more than 900mm above the premises, and (b) be used only in association with infrastructure that is also exempt development, and (c) if located on a heritage item or within a heritage conservation area—not be visible from the street at ground level at the property boundary. Part 2 Complying development Column 1 Column 2 Item Development purpose Development standards 1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) on land in Zone R1, R2, R3, R4, R5 or RU5 1.1 If the dish is located on a roof, the dish must— (a) not be more than 1.8 metres in diameter, and (b) be no higher than 2.4 metres above the highest point of the roof. 1.2 If the dish is ground mounted, the dish must— (a) be located in the rear yard, and (b) not be more than 1.8 metres in diameter, and (c) be no higher than 2.4 metres above the highest point of the existing ground level on the lot. 1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. 1.4 If located in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. 2 A panel antenna, yagi antenna or other directional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 2.1 If the antenna is not flush mounted to an existing structure— (a) the antenna must not be more than 2.8 metres long, and (b) the antenna must not be more than 8 metres (including support mount) in height above the building or structure to which it is attached, and (c) if located in a heritage conservation area—the antenna must not be visible from the street at ground level from the property boundary. 2.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. 3 An omnidirectional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 3.1 An antenna must not be— (a) more than 8.5 metres in height, and (b) outrigged more than 500 millimetres from the support mount. 3.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. 3.3 If located in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. 4 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 4.1 The extension must be— (a) no greater than 7.5 metres in height, and (b) for co-location purposes. 4.2 The tower to be extended must not have previously been extended. 5 New tower on land in Zone E4, E5, IN1, IN2, IN3, RU1, RU2, RU3 or RU4 5.1 If the tower is located on land in Zone E4, E5, IN1, IN2 or IN3, the tower must not— (a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or (b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or (c) exceed 30 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary. 5.2 If the tower is located on land in Zone RU1, RU2, RU3 or RU4, the tower must not— (a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and (b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and (c) exceed 50 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary. 6 Ancillary facilities to a telecommunications facility 6.1 If located in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. 6.2 If the facilities include a standby power generator, it must be insulated to ensure noise levels do not exceed 35dB(A) from outside the generator housing. sch 4: Am 2022 (132), Sch 1[14]–[23]; 2022 (517), Sch 1[21]; 2022 (727), Sch 1[37]; 2025 (692), Sch 1[44].

Exempt development Column 1 Column 2 Item Development purpose Development standards 1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) 1.1 If the development is carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling— (a) in the case of a dish located on a roof—the dish must not be more than 1.2 metres in diameter and be no higher than 1.8 metres above the highest point of the roof, or (b) in the case of a ground mounted dish—the dish must— (i) be located in the rear yard, and (ii) be not more than 1.2 metres in diameter, and (iii) be no higher than 1.8 metres above the highest point of the existing ground level on the lot. 1.2 If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or on a dwelling, the dish must be no more than 1.8 metres in diameter. 1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. 1.4 If the dish is mounted on a heritage item or in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. 2 Panel antenna, yagi antenna or other directional antenna 2.1 The antenna— (a) must be flush mounted to an existing structure, or (b) if not flush mounted, must not be— (i) more than 2.8 metres long, or (ii) more than 5.8 metres (including support mount) in height above the building or structure to which it is attached. 2.2 If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted. 2.3 The antenna must be the same colour as its background or painted a neutral colour such as grey. 2.4 If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary. 3 Omnidirectional antenna 3.1 An antenna must not be— (a) more than 4.5 metres long excluding support mount, or (b) outrigged more than— (i) 500mm from the support mount, or (ii) if required for the NSW Government Telecommunications Network—2m from the support mount, or (c) more than 6.5 metres in height including support mount unless required for the NSW Government Telecommunications Network in which case must not be more than 8.0 metres in height including support mount. 3.2 If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. 4 Microcell installation 4.1 If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume. 4.2 If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long. 4.3 If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long. 5 In-building coverage installation (picocell installation) for the purposes of improving broadband coverage to wireless technology users or the coverage of mobile phone users operating inside the building 5.1 All elements of the installation must be wholly located within a building, structure or tunnel, or integrated with the building, structure or tunnel in such a way as to have the general appearance of being part of the structure. 6 Equipment installed inside a structure 6.1 Equipment installed inside a structure (including an antenna and fibre-optic cable) must be concealed in the existing structure. 7 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 7.1 The extension must be— (a) no greater than 5 metres in height, and (b) for— (i) co-location purposes, or (ii) the purposes of accommodating a technology upgrade for 1 or more carriers on the same tower. 7.2 The tower to be extended must not have previously been extended. 8 Replacement of a tower 8.1 If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5— (a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and (b) the replacement tower must be located within 10 metres of the position of the original tower. 8.2 If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5— (a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and (b) the replacement tower must be located within 20 metres of the position of the original tower but no closer to land in Zone R1, R2, R3, R4, R5 or RU5. 8.3 The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower). 8.4 The original tower must be decommissioned and removed within 12 weeks of the telecommunications equipment on the replacement tower being commissioned. 8.5 The location of the tower that has been removed must be restored to a condition that is similar to its condition before the original tower was installed and landscaped as appropriate. 9 Underground housing 9.1 If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres. 9.2 The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed. 10 Above ground housing of any of the following kinds— (a) a pillar, cabinet or pedestal installation, (b) an equipment shelter, (c) housing within a building for subscriber connection equipment, (d) if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6—a solar panel used to power telecommunications equipment contained in the above ground housing. 10.1 If the development is a pillar, cabinet or pedestal installation, it must— (a) not be more than 2 metres high, and (b) have a base area of not more than 2 square metres. 10.2 If the development is an equipment shelter (other than an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like), it must— (a) not be more than 2.5 metres high, and (b) have a base area of not more than 5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and (c) be the same colour as its background or painted a neutral colour such as grey. 10.3 If the development is an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like, it must— (a) not be more than 3 metres high, and (b) have a base area of not more than 7.5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and (c) be the same colour as its background or painted a neutral colour such as grey. 10.4 If the development is a solar array used to power telecommunications equipment contained in the above ground housing, the base area of the array must not be more than 12.5m 2 . 10.5 If the development is on a heritage item or in a heritage conservation area, it must not be visible from the street at ground level from the property boundary. 11 Underground conduit or cable including subscriber connection and fibre-optic cable for broadband 11.1 The conduit or cable may only be— (a) laid in an existing trench, or (b) laid in a trench that has been lawfully created for any other purpose, or (c) hauled or otherwise deployed through a duct, pit, hole, tunnel or conduit, or (d) installed in, on or under an existing bridge. 11.2 A marking post or sign must be erected indicating the location of the conduit or cable. 11.3 After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable. 11.4 The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed. 12 Above ground cable for subscriber connection or fibre-optic cable for broadband for pole to premises installation 12.1 The cable must— (a) be co-located with an above ground electricity supply connection, or (b) comply with item 12.2. 12.2 If the cable is not co-located with an above ground electricity supply connection— (a) the installation of the cable must not disturb soil or vegetation any more than is necessary for the installation, and (b) the cable must not increase run-off from the site or adversely affect stormwater drainage, and (c) the maximum external cross section of part of a cable or a bundle of cables must not be more than 48mm, and (d) if the cable is located on a heritage item or within a heritage conservation area—the cable must not be visible from the street at ground level from the property boundary. 13 Conduit or cable on or within a building for subscriber connection or fibre-optic cable for broadband 13.1 If installed on a building, the conduit or cable— (a) must not be located on a street-facing facade of the building, and (b) if located on a heritage item or within a heritage conservation area—must not be visible from the street at ground level from the property boundary. 14 Boring or directional drilling in connection with a telecommunications facility 14.1 The boring or directional drilling must take place at a minimum depth of 600 millimetres. 14.2 The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out. 15 Public payphone 15.1 The public payphone cabinet or booth must— (a) be for use solely for carriage and content services, and (b) not be designed for other uses (for example, as a vending machine), and (c) not be fitted with devices or facilities for other uses, and (d) not display commercial advertising other than advertising related to the supply of standard telephone services. 15.2 The public payphone instrument must— (a) be for use solely for carriage and content services, and (b) not be designed for other uses (for example, as a vending machine), and (c) not be fitted with devices or facilities for other uses, and (d) not be used to display commercial advertising other than advertising related to the supply of standard telephone services or displayed as part of the supply of a content service. 16 Installation and use of telecommunications facilities— (a) for use in an emergency, or (b) to provide assistance to an emergency services organisation. 17 Installation and use of temporary telecommunications facilities— (a) to provide service or coverage during either routine or emergency maintenance of an existing telecommunications facility, or (b) to provide service or coverage during the construction or installation of a replacement telecommunications facility, or (c) to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. 17.1 The facility must— (a) not permanently alter any building or site so that, upon removal, the building or site is in a substantially different condition than it was before the establishment of the facility, and (b) be removed within 28 days after the need for the facility has ceased. 18 Ancillary facilities to a telecommunications facility for any of the following purposes— (a) to ensure the protection or safety of the telecommunications facility, members of the public in close proximity to that facility or persons required to access and maintain that facility, (b) to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes, (c) to ensure the proper operation and efficient functioning of the telecommunications facility. 18.1 If located on a heritage item or in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. 18.2 The facilities must not include a power generator. 19 Maintenance activities in relation to a telecommunications facility for any of the following purposes— (a) the maintenance or repair of the facility, (b) to ensure the proper functioning of the facility. 19.1 The maintenance activities must not result in any more than a minimal increase in size, area occupied by, or noise levels associated with the facility. 19A Decommission of telecommunications facility 19A.1 The decommissioning must be carried out by or on behalf of a public authority. 19A.2 The facility must not be located on environmentally sensitive land or on land within Zone C1. 19A.3 The site must be restored to at least the same condition that it was in before the facility was constructed. 20 Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site. 21 Maintenance of existing access tracks used to access base telecommunication facilities 21.1 The maintenance activities must— (a) be restricted to operators of a Government Telecommunications Network, and (b) not increase the width of the track, and (c) not disturb soil or vegetation any more than is necessary for the maintenance, and (d) not increase run-off from the site or adversely affect stormwater drainage. 22 The installation of a premises connection device 22.1 The premises connection device must be— (a) mounted on an existing wall of the premises, and (b) fixed at the lowest point possible for effective operation, and (c) no more than 300mm by 300mm and 100mm deep. 23 The installation of a riser pole on premises 23.1 The riser pole must— (a) not extend more than 900mm above the premises, and (b) be used only in association with infrastructure that is also exempt development, and (c) if located on a heritage item or within a heritage conservation area—not be visible from the street at ground level at the property boundary.

Complying development Column 1 Column 2 Item Development purpose Development standards 1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) on land in Zone R1, R2, R3, R4, R5 or RU5 1.1 If the dish is located on a roof, the dish must— (a) not be more than 1.8 metres in diameter, and (b) be no higher than 2.4 metres above the highest point of the roof. 1.2 If the dish is ground mounted, the dish must— (a) be located in the rear yard, and (b) not be more than 1.8 metres in diameter, and (c) be no higher than 2.4 metres above the highest point of the existing ground level on the lot. 1.3 The dish must be the same colour as its background or painted a neutral colour such as grey. 1.4 If located in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary. 2 A panel antenna, yagi antenna or other directional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 2.1 If the antenna is not flush mounted to an existing structure— (a) the antenna must not be more than 2.8 metres long, and (b) the antenna must not be more than 8 metres (including support mount) in height above the building or structure to which it is attached, and (c) if located in a heritage conservation area—the antenna must not be visible from the street at ground level from the property boundary. 2.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. 3 An omnidirectional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 3.1 An antenna must not be— (a) more than 8.5 metres in height, and (b) outrigged more than 500 millimetres from the support mount. 3.2 The antenna must be the same colour as its background or painted a neutral colour such as grey. 3.3 If located in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. 4 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 4.1 The extension must be— (a) no greater than 7.5 metres in height, and (b) for co-location purposes. 4.2 The tower to be extended must not have previously been extended. 5 New tower on land in Zone E4, E5, IN1, IN2, IN3, RU1, RU2, RU3 or RU4 5.1 If the tower is located on land in Zone E4, E5, IN1, IN2 or IN3, the tower must not— (a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or (b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or (c) exceed 30 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary. 5.2 If the tower is located on land in Zone RU1, RU2, RU3 or RU4, the tower must not— (a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and (b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and (c) exceed 50 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary. 6 Ancillary facilities to a telecommunications facility 6.1 If located in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary. 6.2 If the facilities include a standby power generator, it must be insulated to ensure noise levels do not exceed 35dB(A) from outside the generator housing.

Exempt development—Chapter 3 (Sections 3.17, 3.39(3), 3.49(3) and 3.56(3)) sch 5, hdg: Am 2022 (248), Sch 1[6]. Development purpose Development standards General provisions Access ramps and any associated chair hoist for persons with a disability • Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks. • Grade must not exceed 1:14 and must comply with AS 1428.1–2009 , Design for access and mobility—General requirements for access—New building work . • Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item. Air conditioning units • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013 , Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements . • Noise level must not exceed 5dB above the rating background noise level when measured at the boundary of the most affected residential premises (or potentially most affected residential premises), determined in accordance with the Noise Policy. • Source noise must not exhibit tonal noise, as defined in the Noise Policy (being noise containing a prominent frequency and characterised by a definite pitch). In these standards, the Noise Policy means the document entitled NSW Industrial Noise Policy ( ISBN 0 7313 2715 2 ) published in January 2000 by the Environment Protection Authority. Building external alterations including re-cladding roofs or walls • Must involve only repair or renovation, or painting, plastering or other decoration, of building. • Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building. • Must not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 . • Any re-cladding must— (i) not involve structural alterations, and (ii) involve only replacing existing materials with similar materials unless the use of those materials is a breach of these development standards. Building external alterations—the enclosure of balconies and walkways • Must not increase the building envelope. • Must not result in an enlargement or extension of the building or an increase in the load bearing capacity of any load-bearing component of the building. Building internal alterations • Must be non-structural alterations to existing building only, such as— (i) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or (ii) inclusion of built-in fixtures or teaching workstations, or (iii) reconfiguration of partitions. • Must not affect load-bearing capacity of any load-bearing component of building. Car parks—at grade car parks only • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates). • Must not reduce car parking spaces. • Must be constructed or installed so that any surface water or run-off is disposed of by a drainage system that is connected to the existing stormwater drainage system. • Must be constructed in accordance with AS/NZS 2890.1:2004 , Parking facilities, Part 1: Off-street car parking or AS 2890.2—2002 , Parking facilities, Part 2: Off-street commercial vehicle facilities . • Must not require cut or fill more than 1m below or above ground level (existing). • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 ) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995 . Carports associated with an existing building • Surface area must not exceed 36m 2 . • Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m above ground level (existing). • Must be located behind any relevant building setback. • Must be no part of structure within 500mm of any side or rear boundary. • Stormwater drainage or run-off must be via connection to existing stormwater system. Decks (unroofed and attached to a building that is not located on bush fire prone land) • Surface area must not exceed 10m 2 . • Finished surface level must not be more than 1m above ground level (existing). • Boundary setbacks for existing building to be maintained. Demolition of buildings or structures that are not a heritage item or within a heritage conservation area • Must be carried out in accordance with AS 2601–2001 , Demolition of structures . • Must not cover an area of more than 250m 2 . • Must be carried out between 7am and 5pm Monday to Saturday and must not be carried out on a public holiday. • Must notify Transport for NSW Traffic Management Centre of the truck route to be followed by trucks transporting waste material from the site. Fences—erection of security fences • Height must not exceed 3m above ground level (existing). Fences (other than security fences or fences covered by the Swimming Pools Act 1992 ) • Must be constructed so as not to prevent natural flow of stormwater drainage or run-off. • If in a residential zone, height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line and 1.2m if forward of that line. • Must not include masonry construction to a height of more than 900mm above ground level (existing). Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks Flagpoles • Height must not exceed 6m above ground level (existing) or above an existing building. • Must not display commercial advertising. • Flagpole structure and any attached flag must not project over public road. Geotechnical investigations and other testing, surveying and sampling for the purposes of the design or assessment of proposed development or for the purposes of system development or determining the safety or condition of infrastructure • Must not involve greater disturbance of the ground or vegetation than is necessary. • Must not result in an increase in stormwater drainage or run-off from the site concerned. Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained) • Must not encroach onto footpath or public thoroughfare. • Must be removed immediately on completion of work if removal will not give rise to safety risk. Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 3 Lighting—installation, construction, maintenance or operation • Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997 , Control of the obtrusive effects of outdoor lighting and AS/NZS 1158.4:2015 , Lighting for Roads and Public Spaces . • Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth). Offices—portable • Height must not exceed 1 storey. • Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site. • Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 ) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995 . Pergolas and storm blinds • Surface area must not exceed 20m 2 . • Height must not exceed 2.4m above ground level (existing). • Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary. Rainwater and bore water tanks • Height (including any stand) must not exceed 2.4m above ground level (existing). • No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building. • Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank. • Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing). • Must not be installed over any structure or fittings used by public authority to maintain water or sewer main. • Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate). Retaining walls • Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m. • Must not prevent the natural flow of stormwater drainage/run-off. Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance or repairs (for which, in each case, any required consent has been obtained) • Must not encroach onto footpath or public thoroughfare. • Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary. • Must be removed immediately on completion of work if removal will not give rise to safety risk. Security cameras—installation for security purposes Skylight or roof windows • Area of skylight must not exceed 2m 2 . • Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings. • Work must not reduce structural integrity of building or involve structural alterations. Signs Existing signs—maintenance, replacement or change in display if existing sign is exempt development under Chapter 3 • Must not involve a change in area, form or shape. • Distance between ground level (existing) and top edge of sign must not be more than 6m. Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings) • Surface area must not exceed 8m 2 . • Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence. • Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997 , Control of the obtrusive effects of outdoor lighting . • Distance between ground level (existing) and bottom edge of sign must not be more than 6m. • Must not involve electronic signage or moving displays. Identification, directional, community information or safety signs associated with the use of road infrastructure • Distance between ground level (existing) and bottom edge of sign must not be more than 6m. • Must not involve electronic signage or moving displays. Temporary signs advertising an event and associated relevant details including sponsorship of the event • Surface area must not exceed 8m 2 . • Must be located wholly within property boundary. • Must not be displayed earlier than 28 days before event and must be removed within 14 days after event. • Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997 Control of the obtrusive effects of outdoor lighting . • Distance between ground level (existing) and bottom edge of sign must not be more than 6m. • Must not involve electronic signage or moving displays. sch 5: Am 2022 (517), Sch 1[7]; 2022 (742), Sch 1[29] [30]; 2024 (585), Sch 1[39]–[42]; 2024 (654), Sch 1[50]; 2025 (692), Sch 1[140]–[142].

Complying development in schools—Chapter 3 sch 6, hdg: Subst 2022 (248), Sch 1[7]. 1 Definitions (1) A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule. (2) In this Schedule— ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building. 2 Building height The building height of a building (whether a new building, or an existing building as a result of an addition or alteration)— (a) must not exceed 4 storeys, and (b) must not exceed 22m from ground level (mean). 3 Side and rear setback A building (whether a new building, or an existing building as a result of an addition or alteration) or any part of a building (including a basement or any other part of a building that is constructed below ground)— (a) that is 12m or less in height—must be located more than 5m from any side or rear property boundary with land in a residential or conservation zone or more than 1m from any side or rear property boundary with land in any other zone, or (b) that is more than 12m but less than 15m in height—must be located more than 8m from any side or rear property boundary with land in a residential or conservation zone or more than 2.5m from any side or rear property boundary with land in any other zone, or (c) that is more than 15m but no more than 22m in height—must be located more than 10m from any side or rear property boundary with land in a residential or conservation zone or more than 4m from any side or rear property boundary with land in any other zone. 4 Front setback (1) A new building must have a front setback— (a) that is not less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of at least 5m. (2) Alterations or additions to an existing building must not result in the building having a front setback— (a) that is less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of less than 5m. 5 Design and materials A new building or an alteration or addition to an existing building must comply with the following— (a) any new external walls or roof of the building must be constructed of non-reflective material, (b) any external walls of the building that face a public road or reserve must contain windows. 6 Noise A new building or (if the development is an alteration or addition to an existing building for the purpose of changing its use) an existing building that is to be used for the purpose of a school or school-based child care must be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at the boundary of the neighbouring property to the school or school-based child care. 7 Overshadowing A new building or an alteration or addition to an existing building must not overshadow any adjoining residential accommodation so that solar access to any habitable room or principal private open space on the adjoining property— (a) is reduced to less than 3 hours of solar access between 9:00 am and 3:00 pm at the winter solstice, or (b) is reduced in any manner if solar access to any habitable room on the adjoining property is already less than 3 hours. 8 Privacy A window in a new building, or a new window in any alteration or addition to an existing building, must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if— (a) the finished floor level is more than 1.5m above ground level (mean), and (b) the window faces a building used for residential accommodation on an adjoining lot, and (c) the wall in which the window is located has a setback of less than 5m from the boundary of that adjoining lot. 9 Landscape Landscaping must be provided for a new building constructed adjacent to the boundary of land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential, as follows— (a) the landscaped area located along the part of the common boundary adjacent to the new building must be 3m wide, (b) the landscaped area must contain trees or shrubs (that grow to a mature height of 3m or more) that are— (i) suitable for screening, and (ii) not likely to pose a safety or health risk, and (iii) listed on the council’s preferred tree species list (if one exists). 10 Waste (1) A garbage and waste storage area for recyclable and non-recyclable waste materials and receptacles for those materials must— (a) be provided as part of the development, and (b) be located entirely within the lot on which the development is being carried out and not on a road or road reserve, and (c) comply with the following appendices in the document titled Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities ( ISBN 978 1 74293 944 5 ) , published by the NSW Environment Protection Authority in December 2012— (i) Appendices A and B, for the size and location of garbage and storage areas and the size of waste receptacles, (ii) Appendices C and D, for the design of openings of waste storage areas and loading bay turning circles for waste removal vehicles, (iii) Appendix E, for standard signs for waste storage areas, (iv) Appendix F, for the design and operational capacity of waste storage areas. (2) The waste storage area must— (a) be screened, and (b) be located behind the primary road frontage building line, and (c) not be located in any car parking, loading or landscaped area, and (d) not be located on any side of the building that faces an adjoining lot on which there is residential accommodation. (3) This section does not apply if the development uses an existing garbage and waste storage area, whether or not the area complies with this section, that has capacity. 11 Earthworks (1) Earthworks for the purposes of the development must— (a) be structurally supported in accordance with subsection (2), and (b) if the land is not identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 3m below ground level (existing), and (c) if the land is identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 1m below ground level (existing), and (d) be carried out at least 40m from any waterbody (natural), and (e) if the works are on a lot adjacent to a rail corridor—have a setback at least 3m from the corridor. (2) Structural support for earthworks more than 1m above or below ground level (existing) must take the form of a retaining wall or other form of structural support that— (a) has been certified by a professional engineer, and (b) has adequate drainage lines connected to an existing stormwater drainage system for the site, and (c) does not redirect the flow of any water or cause sediment to be transported onto an adjoining property, and (d) is not higher than 3m, and (e) is separated from any other structural support on the site by at least 2m, measured horizontally. (3) Fill, for the purpose of the development, must— (a) not raise the ground level (existing) more than 2m, and (b) be wholly contained by structural support in accordance with subsection (2), and (c) be located at least 40m from any waterbody (natural). 12 Drainage (1) All stormwater drainage collecting as a result of the development must be conveyed by a gravity fed or charged system to— (a) a public drainage system, or (b) an inter-allotment drainage system, or (c) an on-site disposal system. (2) All stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must— (a) if an approval is required under section 68 of the Local Government Act 1993 , be approved under that Act, or (b) if an approval is not required under section 68 of the Local Government Act 1993 , comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land. 13 Flood control lots (1) This section applies— (a) to all development that is to be carried out on a flood control lot, and (b) in addition to all other development standards specified for complying development under Chapter 2. (2) The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering, as not being any of the following— (a) a flood storage area, (b) a floodway, (c) a flow path, (d) a high hazard area, (e) a high risk area. (3) The development must, to the extent it is within a flood planning area— (a) have a minimum floor level no lower than the floor levels set by the council for that lot, and (b) have the part of the development at or below the flood planning level constructed of flood compatible material, and (c) be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), and (d) not increase flood affectation elsewhere in the floodplain, and (e) have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest floor level of the development, to a safe refuge, and (f) have open car parking spaces or carports that are no lower than the 20-year flood level, and (g) have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event. (4) A standard specified in subsection (3)(c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development— (a) can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), or (b) will not increase flood affectation elsewhere in the floodplain. (5) If a word or expression used in this section is defined in the Flood Risk Management Manual , the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this section. (6) In this section— flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water. flood control lot means a lot located within or partly within an area identified in a local environmental plan as a flood planning area. flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . sch 6: Am 2022 (517), Sch 1[22]; 2023 (609), Sch 2.22[5]–[7]; 2024 (115), Sch 1[10]; 2025 (692), Sch 1[143].

Noise A new building or (if the development is an alteration or addition to an existing building for the purpose of changing its use) an existing building that is to be used for the purpose of a school or school-based child care must be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at the boundary of the neighbouring property to the school or school-based child care.

Complying development in universities and TAFEs—Chapter 3 sch 7, hdg: Subst 2022 (248), Sch 1[8]. 1 Definitions (1) A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule. (2) In this Schedule— ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building. 2 Building height The building height of a building (whether a new building, or an existing building asa result of an addition or alteration) must not exceed 15m from ground level (mean). 3 Maximum gross floor area (1) The maximum gross floor area of a new building is— (a) the maximum gross floor area for a building on the land, imposed by an environmental planning instrument, or (b) if no environmental planning instrument imposes a development standard referred to in paragraph (a)—2,000m 2 . (2) If the development is an alteration or addition to an existing building, the maximum gross floor area of the building as altered or added to is— (a) the maximum gross floor area for a building on the land, imposed by an environmental planning instrument, or (b) if no environmental planning instrument imposes a development standard referred to in paragraph (a)—the lesser of— (i) 2,000m 2 , or (ii) 50% of the gross floor area of the existing building. 4 Side and rear setback (1) A new building must be located at least 5m from any side or rear property boundary with land in a residential or conservation zone or at least 1m from any side or rear property boundary with land in any other zone. (2) Alterations or additions to an existing building must not— (a) if the existing setback is less than 5m from a side or rear boundary— result in any decrease in the existing set back of the building from that boundary, or (b) if the existing setback is 5m or more from a side or rear boundary—result in the building being located less than 5m from any side or rear property boundary with land in a residential or conservation zone or less than 1m from any side or rear property boundary with land in any other zone. 5 Front setback (1) A new building must have a front setback— (a) that is not less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of at least 5m. (2) Alterations or additions to an existing building must not result in the building having a front setback— (a) that is less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of less than 5m. 6 Design and materials A new building or an alteration or addition to an existing building must comply with the following— (a) any new external walls or roof of the building must be constructed of non-reflective material, (b) any external walls of the building that face a public road or reserve must contain windows. 7 Noise A new building or (if the development is an alteration or addition to an existing building for the purpose of changing its use) an existing building that is to be used for the purpose of a recreation facility (indoor) or a community facility must— (a) if the building adjoins land used for residential accommodation—be located at least 20m from any boundary of the land, and (b) be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at the boundary of the neighbouring property to the university or TAFE establishment. 8 Overshadowing A new building or an alteration or addition to an existing building must not overshadow any adjoining residential accommodation so that solar access to any habitable room or principal private open space on the adjoining property— (a) is reduced to less than 3 hours of solar access between 9:00 am and 3:00 pm at the winter solstice, or (b) is reduced in any manner if solar access to any habitable room on the adjoining property is already less than 3 hours. 9 Privacy A window in a new building, or a new window in any alteration or addition to an existing building, must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if— (a) the finished floor level is more than 1.5m above ground level (mean), and (b) the window faces a building used for residential accommodation on an adjoining lot, and (c) the wall in which the window is located has a setback of less than 10m from the boundary of that adjoining lot. 10 Landscape Landscaping must be provided for a new building constructed adjacent to the boundary of land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential, as follows— (a) the landscaped area located along the part of the common boundary adjacent to the new building must be 3m wide, (b) the landscaped area must contain trees or shrubs (that grow to a mature height of 3m or more) that are— (i) suitable for screening, and (ii) not likely to pose a safety or health risk. 11 Waste (1) A garbage and waste storage area for recyclable and non-recyclable waste materials and receptacles for those materials must— (a) be provided as part of the development, and (b) be located entirely within the lot on which the development is being carried out and not on a road or road reserve, and (c) comply with the following appendices in the document titled Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities ( ISBN 978 1 74293 944 5 ) , published by the NSW Environment Protection Authority in December 2012— (i) Appendices A and B, for the size and location of garbage and storage areas and the size of waste receptacles, (ii) Appendices C and D, for the design of openings of waste storage areas and loading bay turning circles for waste removal vehicles, (iii) Appendix E, for standard signs for waste storage areas, (iv) Appendix F, for the design and operational capacity of waste storage areas. (2) The waste storage area must— (a) be screened, and (b) be located behind the primary road frontage building line, and (c) not be located in any car parking, loading or landscaped area, and (d) not be located on any side of the building that faces an adjoining lot on which there is residential accommodation. (3) This section does not apply if the development uses an existing garbage and waste storage area, whether or not the area complies with this section, that has capacity. 12 Earthworks (1) Earthworks for the purposes of the development must— (a) be structurally supported in accordance with subsection (2), and (b) if the land is not identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 3m below ground level (existing), and (c) if the land is identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 1m below ground level (existing), and (d) be carried out at least 40m from any waterbody (natural), and (e) if the works are on a lot adjacent to a rail corridor—have a setback at least 3m from the corridor. (2) Structural support for earthworks more than 1m above or below ground level (existing) must take the form of a retaining wall or other form of structural support that— (a) has been certified by a professional engineer, and (b) has adequate drainage lines connected to an existing stormwater drainage system for the site, and (c) does not redirect the flow of any water or cause sediment to be transported onto an adjoining property, and (d) is not higher than 3m, and (e) is separated from any other structural support on the site by at least 2m, measured horizontally. (3) Fill, for the purpose of the development, must— (a) not raise the ground level (existing) more than 2m, and (b) be wholly contained by structural support in accordance with subsection (2), and (c) be located at least 40m from any waterbody (natural). 13 Drainage (1) All stormwater drainage collecting as a result of the development must be conveyed by a gravity fed or charged system to— (a) a public drainage system, or (b) an inter-allotment drainage system, or (c) an on-site disposal system. (2) All stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must— (a) if an approval is required under section 68 of the Local Government Act 1993 , be approved under that Act, or (b) if an approval is not required under section 68 of the Local Government Act 1993 , comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land. 14 Bush fire prone land (1) This section applies— (a) to all development on bush fire prone land, and (b) in addition to all other development standards specified for complying development under Chapter 2. (2) The development may be carried out only if— (a) the development conforms to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development, and (b) the lot on which the development is carried out (the relevant lot ) has direct access to a public road or a road vested in or maintained by the council, and (c) a reticulated water supply is connected to the relevant lot, and (d) a fire hydrant is located within 70m of the part of the development carried out on bush fire prone land, and (e) mains electricity is connected to the relevant lot, and (f) reticulated or bottled gas on the relevant lot is installed and maintained in accordance with AS/NZS 1596:2014 , The storage and handling of LP Gas and the requirements of relevant authorities, for example, the requirement that metal piping must be used, and (g) gas cylinders on the relevant lot that are within 10m of a dwelling— (i) have the release valves directed away from the dwelling, and (ii) are enclosed on the hazard side of the installation, and (iii) have metal connections to and from the cylinders, and (h) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the relevant lot or an adjoining lot. Note— The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply. 15 Flood control lots (1) This section applies— (a) to all development that is to be carried out on a flood control lot, and (b) in addition to all other development standards specified for complying development under Chapter 2. (2) The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering, as not being any of the following— (a) a flood storage area, (b) a floodway, (c) a flow path, (d) a high hazard area, (e) a high risk area. (3) The development must, to the extent it is within a flood planning area— (a) have a minimum floor level no lower than the floor levels set by the council for that lot, and (b) have the part of the development at or below the flood planning level constructed of flood compatible material, and (c) be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), and (d) not increase flood affectation elsewhere in the floodplain, and (e) have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest floor level of the development, to a safe refuge, and (f) have open car parking spaces or carports that are no lower than the 20-year flood level, and (g) have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event. (4) A standard specified in subsection (3)(c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development— (a) can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), or (b) will not increase flood affectation elsewhere in the floodplain. (5) If a word or expression used in this section is defined in the Flood Risk Management Manual , the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this section. (6) In this section— flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water. flood control lot means a lot located within or partly within an area identified in a local environmental plan as a flood planning area. flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . sch 7: Am 2022 (517), Sch 1[23]; 2023 (609), Sch 2.22[8]–[10]; 2025 (692), Sch 1[144].

Noise A new building or (if the development is an alteration or addition to an existing building for the purpose of changing its use) an existing building that is to be used for the purpose of a recreation facility (indoor) or a community facility must— (a) if the building adjoins land used for residential accommodation—be located at least 20m from any boundary of the land, and (b) be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at the boundary of the neighbouring property to the university or TAFE establishment.

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 6.1 as 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 6.1 as 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].

(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.

(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.

(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.

(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 6.1 as 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.

(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 6.1 as identified in Table 3.2.3 of the Code.

(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.

(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 .