New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 116

116 Exempt development

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 3A, and

(b) it meets the development standards (if any) for the development specified in Part 1 of Schedule 3A, and

(c) it complies with clause 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

(f) in the case of development that is development of a kind to which the Mobile Phone Networks 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.

(g) 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 or an equivalent land use zone-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

(h) it complies with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 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.

(i) 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