New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 114

114 Development permitted without consent

(1) Development for the purposes of telecommunications facilities (including radio facilities) may be carried out by a public authority without consent on any land.

(2) Before a public authority undertakes the development of a tower or mast under this clause, the public authority must:

(a) give written notice of its intention to carry out the development to the council of the area in which the land is located (unless the authority is that council) and to the occupiers of any adjoining land, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given, and

(c) take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3) Development for the purpose of co-locating telecommunications network cables on electricity or cable poles or with underground electricity or cable facilities, other than subscriber connections, may be carried out by any person without consent on any land.

(3A) To avoid doubt, development does not cease to be development permitted under subclause (3) if a cable is not co-located on a pole for safety reasons.

(4) Development for the purpose of subscriber connections, other than development of a kind specified in clause 116, may be carried out by any person without consent on any land unless the subscriber’s premises, or any land traversed by the connection, is a State or local heritage item or is located in a heritage conservation area.

(5) Development for the purposes of an underground telecommunications network cable, other than subscriber connections, may be carried out by any person without consent on any land if the existing electricity or telecommunications network cable facilities are located underground.

(6) Before carrying out development to which subclause (5) applies, a person 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, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given.

(7) Development for the purposes of a new or existing fibre access node (including the extension of the area of an existing fibre access node or the installation of equipment, plant or structures in an existing fibre access node or an associated building) may be carried out by any person without consent on any land.

(8) Before carrying out development to which subclause (7) applies that is not a project to which Part 3A of the Act applies, a person 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 and to the occupiers of adjoining and adjacent land, and

(b) take into consideration any response to the notice that is received within 21 days after the notice is given.