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NSW Department of Planning, Industry and Environment
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State Environmental Planning Policy (Infrastructure) 2007 (the Infrastructure SEPP) assists the NSW Government, private infrastructure providers, local councils and the communities they support by simplifying the process for providing infrastructure like hospitals, roads, railways, emergency services, water supply and electricity delivery.

 

The Infrastructure SEPP plays a key role in helping to deliver the NSW Government’s infrastructure works.

 

Proposed amendments to the Infrastructure SEPP

Health infrastructure

The delivery of critical infrastructure projects is essential to the health and wellbeing of NSW communities and supports growth in the local economy, particularly those affected by recent bushfires and the impact of COVID-19.

 

The department has developed a range of amendments in the Infrastructure SEPP to facilitate broader planning pathways for health services facilities, which would allow new development types and more effective delivery of developments already permitted.

 

The proposed amendments to the Infrastructure SEPP would make it easier for public authorities to deliver essential social infrastructure such as new facilities within existing health premises, ambulance facilities and on-site health manufacturing facilities.

 

The changes support the aims of the NSW Planning Reform Action Plan to ensure the efficient delivery of government infrastructure that serves the NSW community, supports community wellbeing and boosts our health industry and economy.

 

From 20 November 2020 to 17 December 2020, we sought your feedback on proposed changes to health infrastructure provisions in the Infrastructure SEPP, related to development with consent, development without consent, complying development and exempt development.

 

For more information on the proposed changes and to view the Explanation of Intended Effect, you can visit our Planning Portal

If you have any queries, please contact the team.

 

Lake Eraring Sport and Recreation Centre

Following the closure of the Myuna Bay Sport and Recreation Facility in 2019, the NSW Government is committed to delivering a new Sport and Recreation Centre to the community of Lake Macquarie.

 

The NSW Office of Sport has proposed a preferred site for the development of a new Centre. The 17.5 hectare parcel of land is located on the northern foreshore of Lake Eraring, about 1 kilometre south-west of the closed Myuna Bay Centre.

 

To help streamline the delivery of a new Centre, the department is proposing an amendment to the Infrastructure SEPP to override existing planning controls on the proposed site, to enable the assessment of the new Centre at the preferred site.

 

Creating the proposed planning pathway via an Infrastructure SEPP amendment is likely to deliver a replacement facility within a shorter timeframe than rezoning the site via a planning proposal.

 

The proposed amendment, outlined in the Explanation of Intended Effect, was on exhibition from 22 October 2020 until 18 November 2020 and is now under consideration.

 

For more information visit our Planning Portal website.

 

View the EIE

 

Recently finalised amendments

Wild dog fence

A 583 km fence runs along parts of the NSW/SA and NSW/QLD borders, and is used to mitigate the impact of wild dogs to livestock and native wildlife in Western NSW.

 

The NSW Government has made a commitment to extend the dog fence in two sections, 420 km to the east and 322 km to the south.

 

An amendment has been made to the Infrastructure SEPP to clarify and streamline planning pathways for the extension and maintenance of the fence, supporting farmers and protecting native wildlife.

 

The amendment was gazetted on 11 December 2020. The construction of the fence extension will be subject to a separate exhibition as part of the State significant infrastructure assessment process.

 

For more information visit our Planning Portal website

 

Interim corridor protection for Sydney Metro West and Transgrid projects

In October 2020, an amendment to the Infrastructure SEPP has been made to create a short-term “protective” underground corridor related to the proposed alignment of the future Sydney Metro West project. The interim protection will avoid potential delays from impacts of other developments encroaching on the Sydney Metro West application area.

 

A separate minor amendment to the Infrastructure SEPP was also made to offer similar protection to TransGrid’s recently approved underground electricity transmission cable project, Powering Sydney’s Future.

 

More information on the Infrastructure SEPP amendments is outlined in the Explanation of Intended Effect. Further information is available on our Planning Portal website.

 

Ports

Port Botany, Port Kembla and the Port of Newcastle are three of the state's largest ports. The ports are recognised as state significant precincts due to their importance to the NSW economy.

 

On 7 March 2014, the NSW Government finalised an amendment to the State Environmental Planning Policy (Port Botany and Port Kembla) 2013, to apply the same planning controls to the Port of Newcastle that already apply at Port Botany and Port Kembla.

As a consequence of the amendment, the State Environmental Planning Policy (Port Botany and Port Kembla) 2013 was renamed to the State Environmental Planning Policy (Three Ports) 2013 (‘Three Ports SEPP’).

 

Hazard studies

For a complying development certificate to be issued by council for development relating to bulk liquid storage tanks, the proponent may be required to obtain a hazard analysis, fire safety study (FSS) and/or a Hazard and Operability study (HAZOP). Hazard audits are also required for the development of bulk liquid storage tanks 12 months after the commencement of use of the tanks and every three years thereafter.

These hazard studies must be prepared and completed by a suitably qualified person approved by the Secretary of the Department of Planning, Industry and Environment.

 

Expression of Interest 2020

In April/May 2020, the department invited Expressions of Interest (EOI) by suitably qualified persons to become approved persons under the State Environmental Planning Policy (Three Ports) 2013.

 

To apply to be on the list, you needed a degree in science or engineering (or equivalent) and at least five years recent and relevant experience performing and critically reviewing the relevant studies.

 

Approved suitably qualified persons

Approved suitably qualified persons are included in a list of experts who may be used to prepare hazard analysis, hazard audit, fire safety studies and/or HAZOP studies in relation to bulk liquid storage tanks at Port Kembla, Port Botany and the Port of Newcastle on behalf of applicants. The approval is for a three-year period and the next EOI will occur in 2023.

 

You can download list of approved hazard specialist and read further details on the certification process below.

 

Approved hazard specialists

More information

For further information on the EOI 2020 process, you can contact the Infrastructure Policy and Assessment Practice team via email or 1300 305 695.

 

Infrastructure SEPP detailed information

State Environmental Planning Policy (Infrastructure) 2007 (on NSW legislation website).

 

Maps - Correctional centres (last updated September 2018) 

 

Maps - CBD (last updated December 2017)

 

Maps - State sport and recreation centres (last updated December 2017)

 

Maps - South West (last updated February 2009)

 

Maps - other (last updated December 2017)

Community guide (January 2008)

 

Planning circular - Key provisions (31 January 2008)

 

Planning circular - SEPP (Infrastructure) Amendment (Schools, Affordable Housing and Metro Rail) 2009 (2 March 2009)

 

LEP practice note - Zoning for infrastructure in LEPs (7 March 2008)

 

Planning circular - School provisions under SEPP (Infrastructure) 2007 (18 March 2009)

 

Planning circular - Amended school provisions under State Environmental Planning Policy (Infrastructure) 2007 (14 July 2009).

 

Planning circular – regarding mandatory notification and assessment requirements for development near pipelines listed under clause 66C of State Environmental Planning Policy (Infrastructure) 2007.

 

Development near rail corridors and busy roads: interim guideline (Pdf, 4.5 MB) (gazetted 19 December 2008) - this guideline assists in the planning, design and assessment of development in, or adjacent to, rail corridors and busy roads. It supports specific rail and road provisions of State Environmental Planning Policy (Infrastructure) 2007.

The State Environmental Planning Policy Infrastructure 2007 (SEPP Infrastructure) sets out the State wide planning provisions and development controls for telecommunication facilities in NSW.

 

The Infrastructure SEPP allows telecommunications infrastructure providers to be either exempt from planning approval, or be able to receive a ten-day complying development approval, for a number of telecommunications facilities subject to strict criteria including health and amenity considerations.

 

The NSW Telecommunications Facilities Guideline Including Broadband – July 2010 (Pdf, 2.36 MB) provides further detail about the types of infrastructure that can be classified as exempt or complying development and the requirements and development standards that must be met for each facility type.

 

For more information on the National Broadband Network in New South Wales visit the YouCompare website.

 

Ministerial Directions

The Minister for Planning, under section 7.17 of the Environmental Planning and Assessment Act 1979, may issue general or particular directions to local councils in relation to the development contributions they can impose.

 

Download

 

Planning for Major Infrastructure Corridors

Planning for major infrastructure corridors is an important process to enable the delivery of large infrastructure projects needed in the future. Major infrastructure corridor planning can involve a number of phases over many years.

 

A new Planning Guideline for Major Infrastructure Corridors has been drafted to assist infrastructure agencies with the infrastructure corridor planning process. This includes:

  • preparing the right information and detail for projects.
  • an outline of when certain project information is needed.
  • guidance on planning tools and the Department of Planning, Industry and Environment’s approach to using these tools.

The Guideline specifies the planning tools infrastructure agencies can use at each stage of the corridor planning process. It is not a set of rules, however provides a suggested pathway to planning for and protecting infrastructure corridors.

 

View the Planning Guideline for Major Infrastructure Corridors.

 

Page last updated: 18/12/2020