State Environmental Planning Policy (Planning Systems) 2021 (2021-724) (NSW)

State Environmental Planning Policy (Planning Systems) 2021

Chapter 1 Preliminary

1.1 Name of Policy This Policy is State Environmental Planning Policy (Planning Systems) 2021.

1.2 Commencement This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.

1.3 Definitions In this Policy— 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.

1.4 Transferred provisions The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.

Note— The Interpretation Act 1987, section 30A provides— (a) the transfer of a provision does not affect the operation or meaning of the provision, and (b) a transferred provision is to be construed as if it had not been transferred.

Chapter 2 State and regional development

Part 2.1 Preliminary

2.1 Aims of Chapter The aims of this Chapter are as follows— (a) to identify development that is State significant development, (b) to identify development that is State significant infrastructure and critical State significant infrastructure, (c) to identify development that is regionally significant development.

2.2 Definitions (1) In this Chapter— environmentally sensitive area of State significance means— (a) coastal waters of the State, or (b) land identified as "coastal wetlands" or "littoral rainforest" on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018), or (c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or (d) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or (e) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or (f) land identified in an environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or (g) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or (h) land, places, buildings or structures listed on the State Heritage Register under the Heritage Act 1977, or (i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or (j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994. estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021. port facilities includes any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995— (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 associated receival, 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 buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks. State Significant Development Sites Map means— (a) for the following sites identified in Schedule 2—the State Environmental Planning Policy (State and Regional Development) 2011—State Significant Development Sites Map— (i) Barangaroo Site, (ii) Bays Precinct Site, (iii) Bella Vista and Kellyville Station Precincts Sites, (iv) Broadway (CUB) Site, (v) Darling Harbour Site, (vi) Fox Studios, Moore Park Showgrounds and Sydney Sports Stadiums Site, (vii) Luna Park Site, (viii) North Penrith Site, (ix) North Ryde Station Precinct Site, (x) Penrith Lakes Site, (xi) Redfern-Waterloo Sites, (xii) Royal Randwick Racecourse Site, (xiii) Showground Station Precinct Site, (xiv) Sydney Olympic Park Site, (xv) Sydney Opera House Site, (xvi) Taronga Zoo Site, (xvii) The Rocks Site, (xviii) Warnervale Town Centre Site, (xix) Waterloo Metro Quarter, or (b) otherwise—the State Environmental Planning Policy (State and Regional Development) 2021—State Significant Development Sites Map. State Significant Infrastructure Sites Map means the State Environmental Planning Policy (State and Regional Development) 2011—State Significant Infrastructure Sites Map. Sydney Metro means Sydney Metro constituted under the Transport Administration Act 1988, section 38. the Act means the Environmental Planning and Assessment Act 1979.