ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - SCHEDULE 3

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - SCHEDULE 3

SCHEDULE 3 – Designated development

(Clause 4)

Part 1 - What is designated development?

1 Agricultural produce industries

Agricultural produce industries (being industries that process agricultural produce, including dairy products, seeds, fruit, vegetables or other plant material)--

(a) that crush, juice, grind, mill, gin, mix or separate more than 30,000 tonnes of agricultural produce per year, or

(b) that release effluent, sludge or other waste--

(i) in or within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable, highly permeable soils or acid sulphate, sodic or saline soils.

2 Aircraft facilities

Aircraft facilities (including terminals, buildings for the parking, servicing or maintenance of aircraft, installations or movement areas) for the landing, taking-off or parking of aeroplanes, seaplanes or helicopters--

(a) in the case of seaplane or aeroplane facilities--

(i) that cause a significant environmental impact or significantly increase the environmental impacts as a result of the number of flight movements (including taking-off or landing) or the maximum take-off weight of aircraft capable of using the facilities, and

(ii) that are located so that the whole or part of a residential zone, a school or hospital is within the 20 ANEF contour map approved by the Civil Aviation Authority of Australia, or within 5 kilometres of the facilities if no ANEF contour map has been approved, or

(b) in the case of helicopter facilities (other than facilities used exclusively for emergency aeromedical evacuation, retrieval or rescue)--

(i) that have an intended use of more than 7 helicopter flight movements per week (including taking-off or landing), and

(ii) that are located within 1 kilometre of a dwelling not associated with the facilities, or

(c) in any case, that are located--

(i) so as to disturb more than 20 hectares of native vegetation by clearing, or

(ii) within 40 metres of an environmentally sensitive area, or

(iii) within 40 metres of a natural waterbody (if other than seaplane or helicopter facilities).

3 Aquaculture

(1) Aquaculture (being the commercial breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals such as fin fish, crustaceans, molluscs or other aquatic invertebrates)--

(a) that involve supplemental feeding in--

(i) tanks or artificial waterbodies located in areas of high watertable or acid sulphate soils, or

(ii) tanks or artificial waterbodies that have a total water storage area of more than 2 hectares or total water volume of more than 40 megalitres and that are located on a floodplain or release effluent or sludge into a natural waterbody or wetland or into groundwater, or

(iii) tanks or artificial waterbodies that have a total water storage area of more than 10 hectares or a total water volume of more than 400 megalitres, or

(iv) natural waterbodies (except for trial projects that operate for a maximum period of 2 years and are approved by the Director of NSW Fisheries), or

(b) that involve farming of species not indigenous to New South Wales located--

(i) in or within 500 metres of a natural waterbody or wetland, or

(ii) on a floodplain, or

(c) that involve the establishment of new areas for lease under the Fisheries Management Act 1994 with a total area of more than 10 hectares and that in the opinion of the consent authority, are likely to cause significant impacts--

(i) on the habitat value or the scenic value, or

(ii) on the amenity of the waterbody by obstructing or restricting navigation, fishing or recreational activities, or

(iii) because other leases are within 500 metres, or

(d) that involve the establishment of new areas for lease under the Fisheries Management Act 1994 with a total area of more than 50 hectares.

(2) This clause does not apply to--

(b) aquaculture development to which Part 5 of State Environmental Planning Policy (Primary Production and Rural Development) 2019 applies, or

(c) artificial waterbodies located on relevant irrigation land.

Note : The term
"relevant irrigation land" is defined in clause 38.

Note : Part 5 of State Environmental Planning Policy (Primary Production and Rural Development) 2019 declares Class 3 aquaculture (within the meaning of that Policy) to be designated development. So whereas Class 1 aquaculture and Class 2 aquaculture (within the meaning of that Policy) are not designated development because of subclause (2)(b) above, Class 3 aquaculture (within the meaning of that Policy) is designated development because of the provisions of that Policy.

4 Artificial waterbodies

(1) Artificial waterbodies--

(a) that have a maximum aggregate surface area of water of more than 0.5 hectares located--

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) in an area of high watertable or acid sulphate, sodic or saline soils, or

(b) that have a maximum aggregate surface area of water of more than 20 hectares or a storage capacity of more than 800 megalitres, or

(c) from which more than 30,000 cubic metres per year of material is to be removed.

(1A) Artificial waterbodies located on relevant irrigation land--

(a) that have a storage capacity of 100 megalitres or more and are in an environmentally sensitive area, or

(b) that have a storage capacity of 800 megalitres or more.

(2) This clause does not apply to artificial waterbodies located on land to which State Environmental Planning Policy (Penrith Lakes Scheme) 1989 applies.

(3) Subclause (1) does not apply to artificial waterbodies located on relevant irrigation land.

Note : The term
"relevant irrigation land" is defined in clause 38.

5 Bitumen pre-mix and hot-mix industries

(1) Bitumen premix or hot-mix industries (being industries in which crushed or ground rock is mixed with bituminous materials)--

(a) that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

(b) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or dwelling not associated with the development.

(2) This clause does not apply to bitumen plants located on or adjacent to a construction site and exclusively providing material to the development being carried out on that site--

(a) for a period of less than 12 months, or

(b) for which the environmental impacts were previously assessed in an environmental impact statement prepared for the development.

6 Breweries and distilleries

Breweries or distilleries producing alcohol or alcoholic products--

(a) that have an intended production capacity of more than 30 tonnes per day or 10,000 tonnes per year, or

(b) that are located within 500 metres of a residential zone and are likely, in the opinion of the consent authority, to significantly affect the amenity of the neighbourhood by reason of odour, traffic or waste, or

(c) that release effluent or sludge--

(i) in or within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable, highly permeable soils or acid sulphate, sodic or saline soils.

7 Cement works

Cement works manufacturing portland or other special purpose cement or quicklime--

(a) that burn, sinter or heat (until molten) calcareous, argillaceous or other materials, or

(b) that grind clinker or compound cement with an intended processing capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

(c) that have an intended combined handling capacity of more than 150 tonnes per day, or 30,000 tonnes per year, of bulk cement, fly ash, powdered lime or other such dry cement product,

(d) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or a dwelling not associated with the development.

8 Ceramic and glass industries

Ceramic or glass industries (being industries that manufacture bricks, tiles, pipes, pottery, ceramics, refractories or glass by means of a firing process)--

(a) that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

(b) that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or dwelling not associated with the development.

9 Chemical industries and works

(1) Chemical industries or works for the commercial production of, or research into, chemical substances, comprising--

(a) chemical industries or works referred to in subclause (2), or

(b) chemical industries or works other than those referred to in subclause (2)--

(i) that manufacture, blend, recover or use substances classified as explosive, poisonous or radioactive in the Australian Dangerous Goods Code , or

(ii) that manufacture or use more than 1,000 tonnes per year of substances classified (but other than as explosive, poisonous or radioactive) in the Australian Dangerous Goods Code , or

(iii) that crush, grind or mill more than 10,000 tonnes per year of chemical substances, or

(c) chemical industries or works that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soil, or

(iii) in a drinking water catchment, or

(iv) on a floodplain.

(2) The chemical industries or works referred to in subclause (1)(a) are the following--

(a) agriculture fertiliser industries that manufacture inorganic plant fertilisers in quantities of more than 20,000 tonnes per year,

(b) battery industries that manufacture or reprocess batteries and use or recover more than 30 tonnes of metal per year,

(c) carbon black plants that manufacture more than 5,000 tonnes of carbon black per year,

(d) explosive and pyrotechnic industries that manufacture explosives for purposes including industrial, extractive industries and mining uses, ammunition, fireworks or fuel propellents,

(e) paint, paint solvent, pigment, dye, printing ink, industrial polish, adhesive or sealant industries that manufacture paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants in quantities of more than 5,000 tonnes per year,

(f) petrochemical industries that manufacture petrochemicals or petrochemical products in quantities of more than 2,000 tonnes per year,

(g) pesticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or related products industries--

(i) that use or produce materials classified as poisonous in the Australian Dangerous Goods Code , or

(ii) that manufacture products in quantities (excluding simple blending) of more than 2,000 tonnes per year,

(h) pharmaceutical or veterinary products industries that use or produce materials classified as poisonous in the Australian Dangerous Goods Code ,

(i) plastics industries--

(i) that manufacture more than 2,000 tonnes per year of synthetic plastic resins, or

(ii) that reprocess more than 5,000 tonnes of plastics per year otherwise than by a simple melting and reforming process,

(j) rubber industries or works--

(i) that manufacture more than 2,000 tonnes per year of synthetic rubber, or

(ii) that manufacture, retread or recycle more than 5,000 tonnes per year of rubber products or rubber tyres, or

(iii) that dump or store (otherwise than in a building) more than 10 tonnes of used rubber tyres, or

(k) soap or detergent industries that manufacture soap or detergent (including domestic, institutional or industrial soap or detergent)--

(i) that produce more than 100 tonnes per year of materials containing substances classified as poisonous in the Australian Dangerous Goods Code , or

(ii) that produce more than 5,000 tonnes per year of products (excluding simple blending).

(3) This clause does not apply to--

(a) chemical industries or works where dangerous goods within the meaning of the Dangerous Goods Act 1975 are stored in quantities below the licence level set out in the regulations under that Act, or

(b) development specifically referred to elsewhere in this Schedule.

10 Chemical storage facilities

Chemical storage facilities--

(a) that store or package chemical substances in containers, bulk storage facilities, stockpiles or dumps with a total storage capacity in excess of--

(i) 20 tonnes of pressurised gas, or

(ii) 200 tonnes of liquefied gases, or

(iii) 2,000 tonnes of any chemical substances, or

(b) that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soil, or

(iii) in a drinking water catchment, or

(iv) on a floodplain.

11 Coal mines

Coal mines that mine, process or handle coal, being--

(a) underground mines, or

(b) open cut mines--

(i) that produce or process more than 500 tonnes of coal or carbonaceous material per day, or

(ii) that disturb or will disturb a total surface area of more than 4 hectares of land (associated with a mining lease or mineral claim under the Mining Act 1992 ) by clearing or excavating, by constructing dams, ponds, drains, roads, railways or conveyors or by storing or depositing overburden, coal or carbonaceous material or tailings, or

(c) mines that are located--

(i) in or within 40 metres of a natural waterbody, wetland, a drinking water catchment or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or

(iii) on land that slopes at more than 18 degrees to the horizontal, or

(iv) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the mine.

12 Coal works

Coal works that store and handle coal or carbonaceous material (including any coal loader, conveyor, washery or reject dump) at an existing coal mine or on a separate coal industry site, and--

(a) that handle more than 500 tonnes per day of coal or carbonaceous material, or

(b) that store more than 5,000 tonnes of coal, except where the storage is within a closed container or a closed building, or

(c) that store or deposit more than 5,000 tonnes of carbonaceous reject material, or

(d) that are located in or within 40 metres of a natural waterbody, wetland, a drinking water catchment or an environmentally sensitive area.

13 Composting facilities or works

Composting facilities or works (being works involving the controlled aerobic or anaerobic biological conversion of organic material into stable cured humus-like products, including bioconversion, biodigestion and vermiculture)--

(a) that process more than 5,000 tonnes per year of organic materials, or

(b) that are located--

(i) in or within 100 metres of a natural waterbody, wetland, coastal dune field or environmentally sensitive area, or

(ii) in an area of high watertable, highly permeable soils, acid sulphate, sodic or saline soils, or

(iii) within a drinking water catchment, or

(iv) within a catchment of an estuary where the entrance to the sea is intermittently open, or

(v) on a floodplain, or

(vi) within 500 metres of a residential zone or 250 metres of a dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, visual impacts, air pollution (including odour, smoke, fumes or dust), vermin or traffic.

14 Concrete works

(1) Concrete works that produce pre-mixed concrete or concrete products and--

(a) that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year of concrete or concrete products, or

(b) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or dwelling not associated with the development.

(2) This clause does not apply to concrete works located on or adjacent to a construction site exclusively providing material to the development carried out on that site--

(a) for a period of less than 12 months, or

(b) for which the environmental impacts were previously assessed in an environmental impact statement prepared for that development.

15 Contaminated soil treatment works

Contaminated soil treatment works (being works for on-site or off-site treatment of contaminated soil, including incineration or storage of contaminated soil, but excluding excavation for treatment at another site)--

(a) that treat or store contaminated soil not originating from the site on which the development is proposed to be carried out and are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soils, or

(iii) within a drinking water catchment, or

(iv) on land that slopes at more than 6 degrees to the horizontal, or

(v) on a floodplain, or

(vi) within 100 metres of a dwelling not associated with the development, or

(b) that treat more than 1,000 cubic metres per year of contaminated soil not originating from the site on which the development is located, or

(c) that treat contaminated soil originating exclusively from the site on which the development is located and--

(i) incinerate more than 1,000 cubic metres per year of contaminated soil, or

(ii) treat otherwise than by incineration and store more than 30,000 cubic metres of contaminated soil, or

(iii) disturb more than an aggregate area of 3 hectares of contaminated soil.

16 Crushing, grinding or separating works

(1) Crushing, grinding or separating works, being works that process materials (such as sand, gravel, rock or minerals) or materials for recycling or reuse (such as slag, road base, concrete, bricks, tiles, bituminous material, metal or timber) by crushing, grinding or separating into different sizes--

(a) that have an intended processing capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

(b) that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or dwelling not associated with the development.

(2) This clause does not apply to development specifically referred to elsewhere in this Schedule.

17 Drum or container reconditioning works

Drum or container reconditioning works that recondition, recycle or store--

(a) packaging containers (including metal, plastic or glass drums, bottles or cylinders) previously used for the transport or storage of substances classified as poisonous or radioactive in the Australian Dangerous Goods Code , or

(b) more than 100 metal drums per day, unless the works (including associated drum storage) are wholly contained within a building.

18 Electricity generating stations

(1) Electricity generating stations, including associated water storage, ash or waste management facilities, that supply or are capable of supplying--

(a) electrical power where--

(i) the associated water storage facilities inundate land identified as wilderness under the Wilderness Act 1987 , or

(ii) the temperature of the water released from the generating station into a natural waterbody is more than 2 degrees centigrade from the ambient temperature of the receiving water, or

(b) more than 1 megawatt of hydroelectric power requiring a new dam, weir or inter-valley transfer of water, or

(c) more than 30 megawatts of electrical power from other energy sources (including coal, gas, wind, bio-material or solar powered generators, hydroelectric stations on existing dams or co-generation).

(2) This clause does not apply to power generation facilities used exclusively for stand-by power purposes for less than 4 hours per week averaged over any continuous 3-month period.

19 Extractive industries

(1) Extractive industries (being industries that obtain extractive materials by methods including excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating)--

(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by--

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads or conveyors, or

(iii) storing or depositing overburden, extractive material or tailings, or

(c) that are located--

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or

(iii) in an area of contaminated soil or acid sulphate soil, or

(iv) on land that slopes at more than 18 degrees to the horizontal, or

(v) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the development, or

(vi) within 500 metres of the site of another extractive industry that has operated during the last 5 years.

(2) This clause does not apply to--

(a) extractive industries on land to which Sydney Regional Environmental Plan No 11--Penrith Lakes Scheme applies, or

(a1) extractive industries on land in the Western Division, within the meaning of the Crown Land Management Act 2016 , or

(b) maintenance dredging involving the removal of less than 1,000 cubic metres of alluvial material from oyster leases, sediment ponds or dams, artificial wetland or deltas formed at stormwater outlets, drains or the junction of creeks with rivers, provided that--

(i) the extracted material does not include contaminated soil or acid sulphate soil, and

(ii) any dredging operations do not remove any seagrass or native vegetation, and

(iii) there has been no other dredging within 500 metres during the past 5 years, or

(c) extractive industries undertaken in accordance with a plan of management (such as river, estuary, land or water management plans), provided that--

(i) the plan is prepared in accordance with guidelines approved by the Planning Secretary and includes consideration of cumulative impacts, bank and channel stability, flooding, ecology and hydrology of the area to which the plan applies, approved by a public authority and adopted by the consent authority and reviewed every 5 years, and

(ii) less than 1,000 cubic metres of extractive material is removed from any potential extraction site that is specifically described in the plan, or

(d) the excavation of contaminated soil for treatment at another site, or

(e) artificial waterbodies, contaminated soil treatment works, turf farms, or waste management facilities or works, specifically referred to elsewhere in this Schedule, or

(e1) artificial waterbodies located on relevant irrigation land, or

Note : The term
"relevant irrigation land" is defined in clause 38.

(g) maintenance dredging of alluvial material from oyster leases and adjacent areas in Wallis Lake, but only if the dredging is undertaken in accordance with the document entitled Protocol for Wallis Lake Oyster Lease Maintenance Dredging approved by the Planning Secretary and published in the Gazette, as amended by the Planning Secretary from time to time by publication of an amended Protocol in the Gazette.

20 Limestone mines and works

(1) Limestone mines or works that disturb a total surface area of more than 2 hectares of land (being land associated with a mining lease or mineral claim under the Mining Act 1992 ) by--

(a) clearing or excavating, or

(b) constructing dams, ponds, drains, roads, railways or conveyors, or

(c) storing or depositing overburden, limestone or its products or tailings.

(2) Mines that mine or process limestone and are located--

(a) in or within 40 metres of a natural waterbody, wetland, a drinking water catchment or an environmentally sensitive area, or

(b) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the mine, or

(c) within 500 metres of another mining site that has operated within the past 5 years.

(3) Limestone works (not associated with a mine)--

(a) that crush, screen, burn or hydrate more than 150 tonnes per day, or 30,000 tonnes per year, of material, or

(b) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or a dwelling not associated with the development.

21 Intensive livestock agriculture

(1) Feedlots that accommodate in a confinement area and rear or fatten (wholly or substantially) on prepared or manufactured feed, more than 1,000 head of cattle or 4,000 sheep (excluding facilities for drought or similar emergency relief).

(1A) A facility or confined area operated on a commercial basis for the keeping or breeding of horses that accommodates more than 400 horses (excluding facilities for drought or similar emergency relief).

(2) Dairies that accommodate more than 800 head of cattle for the purposes of milk production.

(3) Pig farms--

(a) that accommodate more than 200 pigs or 20 breeding sows and are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable, highly permeable soils or acid sulphate, sodic or saline soils, or

(iii) on land that slopes at more than 6 degrees to the horizontal, or

(iv) within a drinking water catchment, or

(v) on a floodplain, or

(vi) within 5 kilometres of a residential zone and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, odour, dust, traffic or waste, or

(b) that accommodate more than 2,000 pigs or 200 breeding sows.

(4) Poultry farms for the commercial production of birds (such as domestic fowls, turkeys, ducks, geese, game birds and emus), whether as meat birds, layers for egg production or breeders and whether as free range or shedded birds--

(a) that accommodate more than 250,000 birds, or

(b) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within a drinking water catchment, or

(iii) within 500 metres of another poultry farm, or

(iv) within 500 metres of a residential zone or 150 metres of a dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, odour, dust, lights, traffic or waste.

(5) Saleyards having an annual throughput of--

(a) more than 50,000 head of cattle, or

(b) more than 200,000 animals of any type (including cattle),

for the purposes of sale, auction or exchange or transportation by road, rail or ship.

22 Livestock processing industries

Livestock processing industries (being industries for the commercial production of products derived from the slaughter of animals or the processing of skins or wool of animals)--

(a) that slaughter animals (including poultry) with an intended processing capacity of more than 3,000 kilograms live weight per day, or

(b) that manufacture products derived from the slaughter of animals, including--

(i) tanneries or fellmongeries, or

(ii) rendering or fat extraction plants with an intended production capacity of more than 200 tonnes per year of tallow, fat or their derivatives or proteinaceous matter, or

(iii) plants with an intended production capacity of more than 5,000 tonnes per year of products (including hides, adhesives, pet feed, gelatine, fertiliser or meat products), or

(c) that scour, top, carbonise or otherwise process greasy wool or fleeces with an intended production capacity of more than 200 tonnes per year, or

(d) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soils or acid sulphate, sodic or saline soils, or

(iii) on land that slopes at more than 6 degrees to the horizontal, or

(iv) within a drinking water catchment, or

(v) on a floodplain, or

(vi) within 5 kilometres of a residential zone and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, odour, dust, lights, traffic or waste.

23 Marinas or other related land and water shoreline facilities

(1) Marinas or other related land or water shoreline facilities that moor, park or store vessels (excluding rowing boats, dinghies or other small craft) at fixed or floating berths, at freestanding moorings, alongside jetties or pontoons, within dry storage stacks or on cradles on hardstand areas--

(a) that have an intended capacity of 15 or more vessels having a length of 20 metres or more, or

(b) that have an intended capacity of 30 or more vessels of any length and--

(i) are located in non-tidal waters, or within 100 metres of a wetland or aquatic reserve, or

(ii) require the construction of a groyne or annual maintenance dredging, or

(iii) the ratio of car park spaces to vessels is less than 0.5:1, or

(c) that have an intended capacity of 80 or more vessels of any size.

(2) Facilities that repair or maintain vessels out of the water (including slipways, hoists or other facilities) that have an intended capacity of--

(a) one or more vessels having a length of 25 metres or more, or

(b) 5 or more vessels of any length at any one time.

24 Mineral processing or metallurgical works

Mineral processing or metallurgical works (being works for the commercial production or extraction of ores using methods including chemical, electrical, magnetic, gravity or physico-chemical or for the commercial refinement, processing or reprocessing of metals involving smelting, casting, metal coating or metal products recovery)--

(a) that process into ore concentrates more than 150 tonnes per day of material, or

(b) that smelt, process, coat, reprocess or recover more than 10,000 tonnes per year of ferrous or non-ferrous metals, alloys or ore concentrates, or

(c) that crush, grind, shred, sort or store--

(i) more than 150 tonnes per day, or 30,000 tonnes per year, of scrap metal and are not wholly contained within a building, or

(ii) more than 50,000 tonnes per year and are wholly contained within a building, or

(d) that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable, or

(iii) within 500 metres of a residential zone and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, vibration, odour, fumes, smoke, soot, dust, traffic or waste, or

(iv) so that, in the opinion of the consent authority, having regard to topography and local meteorological conditions, the works are likely to significantly affect the environment because of the use or production of substances classified as poisonous in the Australian Dangerous Goods Code .

25 Mines

Mines that mine, process or handle minerals (being minerals within the meaning of the Mining Act 1992 other than coal or limestone) and--

(a) that disturb or will disturb a total surface area of more than 4 hectares of land (associated with a mining lease or mineral claim under the Mining Act 1992 ) by--

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads, railways or conveyors, or

(iii) storing or depositing overburden, ore or its products or tailings, or

(b) that are located--

(i) in a natural waterbody or wetland, or

(ii) in or within 40 metres of a natural waterbody, wetland, a drinking water catchment or an environmentally sensitive area, or

(iii) within 200 metres of a coastline, or

(iv) if involving blasting, within 1,000 metres of a residential zone, or within 500 metres of a dwelling not associated with the mine, or

(v) within 500 metres of another mining site that has operated during the past 5 years, or

(vi) so that, in the opinion of the consent authority, having regard to topography and local meteorological conditions, the mine is likely to significantly affect the environment because of the use or production of substances classified as poisonous in the Australian Dangerous Goods Code .

26 Paper pulp or pulp products industries

Paper pulp or pulp products industries--

(a) that have an intended production capacity of more than--

(i) 30,000 tonnes per year, or

(ii) 70,000 tonnes per year if at least 90 per cent of the raw material is recycled material and if no bleaching or de-inking is undertaken, or

(b) that release effluent or sludge--

(i) in or within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soils, or

(iii) in a drinking water catchment.

27 Petroleum works

Petroleum works--

(a) that produce crude petroleum or shale oil, or

(b) that produce more than 5 petajoules per year of natural gas or methane, or

(c) that refine crude petroleum, shale oil or natural gas, or

(d) that manufacture more than 100 tonnes per year of petroleum products (including aviation fuel, petrol, kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen, liquefied gas and the precursors to petrochemicals, such as acetylene, ethylene, toluene and xylene), or

(e) that store petroleum and natural gas products with an intended storage capacity in excess of--

(i) 200 tonnes for liquefied gases, or

(ii) 2,000 tonnes of any petroleum products, or

(f) that dispose of oil or petroleum waste or process or recover more than 20 tonnes of oil or petroleum waste per year, or

(g) that are located--

(i) within 40 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or highly permeable soils, or

(iii) within a drinking water catchment, or

(iv) on a floodplain.

28 Railway freight terminals

Railway freight terminals (including any associated spur lines, freight handling facilities, truck or container loading or unloading facilities, container storage, packaging or repackaging facilities)--

(a) that involve more than 250 truck movements per day, or

(b) that involve the clearing of more than 20 hectares of native vegetation, or

(c) that are located--

(i) within 40 metres of a natural water body, wetland or environmentally sensitive area, or

(ii) within 500 metres of a residential zone or dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, odour, dust, lights, traffic or waste.

29 Sewerage systems and sewer mining systems

(1) Sewerage systems or works (not being development for the purpose of sewer mining systems or works)--

(a) that have an intended processing capacity of more than 2,500 persons equivalent capacity or 750 kilolitres per day, or

(b) that have an intended processing capacity of more than 20 persons equivalent capacity or 6 kilolitres per day and are located--

(i) on a flood plain, or

(ii) within a coastal dune field, or

(iii) within a drinking water catchment, or

(iv) within 100 metres of a natural waterbody or wetland, or

(v) within 250 metres of a dwelling not associated with the development.

(2) Sewerage systems or works that incinerate sewage or sewage products.

(3) Sewer mining systems or works that extract and treat more than 1,500 kilolitres of sewage per day.

(4) This clause does not apply to--

(a) the pumping out of sewage from recreational vessels, or

(b) sewer mining systems or works that distribute treated water that is intended to be used solely for industrial purposes.

30 Shipping facilities

Wharves or wharf-side facilities at which cargo is loaded onto vessels, or unloaded from vessels, or temporarily stored, at a rate of more than--

(a) 150 tonnes per day, or 5,000 tonnes per year, for facilities handling goods classified in the Australian Dangerous Goods Code , or

(b) 500 tonnes per day or 50,000 tonnes per year.

31 Turf farms

Turf farms--

(a) that are located--

(i) within 100 metres of a natural waterbody or wetland, or

(ii) in an area of high watertable or acid sulphate, sodic or saline soils, or

(iii) within a drinking water catchment, or

(iv) within 250 metres of another turf farm, and

(b) that, because of their location, are likely to significantly affect the environment.

32 Waste management facilities or works

(1) Waste management facilities or works that store, treat, purify or dispose of waste or sort, process, recycle, recover, use or reuse material from waste and--

(a) that dispose (by landfilling, incinerating, storing, placing or other means) of solid or liquid waste--

(i) that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste, or

(ii) that comprises more than 100,000 tonnes of "clean fill" (such as soil, sand, gravel, bricks or other excavated or hard material) in a manner that, in the opinion of the consent authority, is likely to cause significant impacts on drainage or flooding, or

(iii) that comprises more than 1,000 tonnes per year of sludge or effluent, or

(iv) that comprises more than 200 tonnes per year of other waste material, or

(b) that sort, consolidate or temporarily store waste at transfer stations or materials recycling facilities for transfer to another site for final disposal, permanent storage, reprocessing, recycling, use or reuse and--

(i) that handle substances classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste, or

(ii) that have an intended handling capacity of more than 10,000 tonnes per year of waste containing food or livestock, agricultural or food processing industries waste or similar substances, or

(iii) that have an intended handling capacity of more than 30,000 tonnes per year of waste such as glass, plastic, paper, wood, metal, rubber or building demolition material, or

(c) that purify, recover, reprocess or process more than 5,000 tonnes per year of solid or liquid organic materials, or

(d) that are located--

(i) in or within 100 metres of a natural waterbody, wetland, coastal dune field or environmentally sensitive area, or

(ii) in an area of high watertable, highly permeable soils, acid sulphate, sodic or saline soils, or

(iii) within a drinking water catchment, or

(iv) within a catchment of an estuary where the entrance to the sea is intermittently open, or

(v) on a floodplain, or

(vi) within 500 metres of a residential zone or 250 metres of a dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, visual impacts, air pollution (including odour, smoke, fumes or dust), vermin or traffic.

(2) This clause does not apply to--

(a) development comprising or involving any use of sludge or effluent if--

(i) the dominant purpose is not waste disposal, and

(ii) the development is carried out in a location other than one listed in subclause (1)(d), above, or

(a1) artificial waterbodies located on relevant irrigation land, or

Note : The term
"relevant irrigation land" is defined in clause 38.

(b) development comprising or involving waste management facilities or works specifically referred to elsewhere in this Schedule, or

33 Wood or timber milling or processing works

Wood or timber milling or processing works (being works, other than joineries, builders supply yards or home improvement centres) that saw, machine, mill, chip, pulp or compress timber or wood--

(a) that have an intended processing capacity of more than 6,000 cubic metres of timber per year and--

(i) are located within 500 metres of a dwelling not associated with the milling works, or

(ii) are located within 40 metres of a natural waterbody or wetland, or

(iii) burn waste (other than as a source of fuel), or

(b) that have an intended processing capacity of more than 50,000 cubic metres of timber per year.

34 Wood preservation works

Wood preservation works that treat or preserve timber using chemical substances (containing copper, chromium, arsenic, creosote or any substance classified in the Australian Dangerous Goods Code ) and--

(a) that process more than 10,000 cubic metres per year of timber, or

(b) that are located--

(i) within 250 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) in an area of high watertable or highly permeable soils, or

(iii) on land that slopes at more than 6 degrees to the horizontal, or

(iv) within a drinking water catchment, or

(v) within 250 metres of a dwelling not associated with the development.

Part 2 - Are alterations or additions designated development?

35 Is there a significant increase in the environmental impacts of the total development?

Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development.

Note : Development referred to in this clause is not designated development for the purposes of section 4.10 of the Act. This means that section 8.8 of the Act (Appeal by an objector) will not extend to any such development even if it is State significant development.

36 Factors to be taken into consideration

In forming its opinion as to whether or not development is designated development, a consent authority is to consider--

(a) the impact of the existing development having regard to factors including--

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice, and

(ii) rehabilitation or restoration of any disturbed land, and

(iii) the number and nature of all past changes and their cumulative effects, and

(b) the likely impact of the proposed alterations or additions having regard to factors including--

(i) the scale, character or nature of the proposal in relation to the development, and

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be carried out and the surrounding locality, and

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty, and

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts, and

(c) any proposals--

(i) to mitigate the environmental impacts and manage any residual risk, and

(ii) to facilitate compliance with relevant standards, codes of practice or guidelines published by the Department or other public authorities.

Part 3 - What is excepted from designated development?

37 Development under Newcastle LEP 1987 (Amendment No 105)

Development that is certified in writing by the Planning Secretary not to be designated development on the basis that--

(a) the development is to be carried out on land to which Newcastle Local Environmental Plan 1987 (Amendment No 105) applies, and

(b) the Planning Secretary is of the opinion that a study prepared by a suitably qualified person demonstrates, without the need for further studies, that the development complies with the requirements set out in Part D--Findings of the Strategic Impact Assessment Study referred to in that local environmental plan.

37A Ancillary development

(1) Development of a kind specified in Part 1 is not designated development if--

(a) it is ancillary to other development, and

(b) it is not proposed to be carried out independently of that other development.

(2) Subclause (1) does not apply to development of a kind specified in clause 29(1)(a).

37B Development in Parkes Activation Precinct

The following development is not designated development if it is carried out on land within the Regional Enterprise Zone in the Parkes Activation Precinct under State Environmental Planning Policy (Activation Precincts) 2020 --

(a) development for the purposes of thermal electricity generating works,

(b) development of a kind specified in clause 4, 6, 8, 13, 16, 21, 22, 26 or 28.

Part 4 - What do terms used in this Schedule mean?

38 Definitions

In this Schedule--


"acid sulphate soil" means acid sulphate soil, potential acid sulphate soil, sulphidic clay or sulphidic sand with soil profiles or layers (within the material to be disturbed or impacted by the development) with more than 0.1 percent sulphide and a net acid generation potential of more than zero.


"ANEF" means Australian Noise Exposure Forecast as defined in Australian Standard 2021--2000: Acoustics--Aircraft Noise Intrusion--Building Siting and Construction .


"Australian Dangerous Goods Code" means the Australian Dangerous Goods Code prepared by the National Road Transport Commission, as in force at 1 January 2001.


"coastal dune field" means any system of wind-blown sand deposits extending landwards of the coastline, whether active or stable.


"coastline" means ocean beaches, headlands or other coastal landforms, excluding bays, estuaries or inlets.


"contaminated soil" means soil that contains a substance at a concentration above the concentration at which the substance is normally present in soil from the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment, where
"harm to the environment" includes any direct or indirect alteration of the environment that has the effect of degrading the environment.


"development site" , in relation to a development application, means--

(a) the whole of the land to which the application applies, or

(b) if the application identifies part only of the land as the actual site of the proposed development, the part of the land so identified,

(a) land within a restricted area prescribed by a controlling water authority, including--

(i) a declared catchment area within the meaning of the Water NSW Act 2014 , and

(ii) a catchment district proclaimed under section 128 of the Local Government Act 1993 , or

(b) land within 100 metres of a potable groundwater supply bore.

(a) land identified in an environmental planning instrument as an environment protection zone such as for the protection or preservation of habitat, plant communities, escarpments, wetland or foreshore or land protected or preserved under State Environmental Planning Policy No 14--Coastal Wetlands or State Environmental Planning Policy No 26--Littoral Rainforests , or

(b) land reserved as national parks or historic sites or dedicated as nature reserves or declared as wilderness under the National Parks and Wildlife Act 1974 , or

(c) an area declared to be an aquatic reserve under Division 2 of Part 5 of the Marine Estate Management Act 2014 , or

(d) land reserved or dedicated within the meaning of the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or

(e) land declared as wilderness under the Wilderness Act 1987 .

(a) land in the area of operations of any irrigation corporation (within the meaning of Part 1 of Chapter 4 of the Water Management Act 2000 ), or

(b) land shown edged heavy black on the East Cadell Map under State Environmental Planning Policy (Primary Production and Rural Development) 2019 .

(a) the extraction of sewage from a sewerage system (whether before or after the sewage has been through the system's sewage treatment plant), and

(b) the treatment of the sewage (using physical, chemical or biological processes) to produce treated water that is suitable for its intended end use, and

(c) the distribution of the treated water for that use, and

(d) the return of any waste to a sewerage system that is the subject of a licence under the Protection of the Environment Operations Act 1997 .

(a) a natural waterbody, including--

(i) a lake or lagoon either naturally formed or artificially modified, or

(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or

(iii) tidal waters including any bay, estuary or inlet, or

(b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

(a) natural wetland including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

Part 5 - How are distances measured for the purposes of this Schedule?

39 Aquaculture

The distance between leases is to be measured as the shortest distance between the boundary of any existing lease area and the boundary of the area to which the development application applies.

40 Coastline

The distance from a coastline is to be measured as the shortest distance between the mean high water mark and the boundary of the development site (excluding access roads).

41 Dwellings

The distance from a dwelling is to be measured as the shortest distance between the edge of the dwelling and the boundary of any development or works to which the development application applies.

42 Environmentally sensitive areas

The distance from an environmentally sensitive area is to be measured as the shortest distance between the boundary of the area and the boundary of the development site.

43 Extractive industries and mines (including coal and limestone)

The distance between extractive industries or mine sites is to be measured as the shortest distance between any area of disturbance by a mine or extractive industry that has operated within the past 5 years and the boundary of the development site (excluding access roads).

44 Poultry farms

The distance between poultry farms is to be measured as the shortest distance between the edge of any facilities or works associated with an existing poultry farm and the facilities or works to which the development application applies (excluding access roads).

45 Residential zones

The distance from a residential zone is to be measured as the shortest distance between the boundary of the residential zone and the facilities or works to which the development application applies (excluding access roads).

46 Turf farms

The distance between turf farms is to be measured as the shortest distance between the edge of an area which is growing or has previously grown turf sod within the last 5 years and the edge of the area for growing turf sod to which the development application applies.

47 Waterbodies

The distance from a waterbody is to be measured as the shortest distance between--

(a) the top of the high bank, if present, or

(b) if no high bank is present, then--

(i) the mean high water mark in tidal waters, or

(ii) the mean water level in non-tidal waters,

48 Wetlands

The distance from a wetland is to be measured as the shortest distance between--

(a) the top of the high bank, if present, or

(b) if no high bank is present, then the edge of vegetation communities dominated by wetland species,