New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 129

129 Development permitted without consent

(1) Despite clause 129A, development for the purpose of waterway or foreshore management activities may be carried out by or on behalf of a public authority without consent on any land.

(1A) To avoid doubt, subclause (1) does not permit the subdivision of any land.

(2) In this clause, a reference to development for the purpose of waterway or foreshore management activities includes a reference to development for any of the following purposes if the development is in connection with waterway or foreshore management activities:

(a) construction works,

(b) routine maintenance works,

(c) emergency works, including works required as a result of flooding, storms or coastal erosion,

Note: Emergency coastal protection works within the meaning of the Coastal Protection Act 1979 are excluded from the operation of the EP&A Act and therefore are not development to which this clause applies.

(d) environmental management works.

(2A) The following provisions apply in relation to the carrying out of new coastal protection works by or on behalf of a public authority on the open coast or entrance to a coastal lake:

(a) if a coastal zone management plan is in force in relation to the land on which the development is to be carried out-the public authority (or person carrying out the works on behalf of the public authority) must consider the provisions of that plan before carrying out the development,

(b) if a coastal zone management plan is not in force in relation to the land on which the development is to be carried out-the public authority (or person carrying out the works on behalf of the public authority) must:

(i) notify the Coastal Panel before carrying out the development, and

(ii) take into consideration any response received from the Coastal Panel within 21 days of the notification.

(2B) For the purposes of subclause (2A):
"new coastal protection works" means coastal protection works other than:

(a) the placement of sand (including for beach nourishment) or sandbags, or

(b) the replacement, repair or maintenance of any such works.

(3) Development for the purpose of temporary works for or associated with drought relief may be carried out by or on behalf of a public authority without consent, but only if the development is:

(a) carried out on land publicly identified by the Minister for Primary Industries as being in drought, and

(b) removed, and the area rehabilitated, within 4 months after the date on which the area is no longer so identified.

Note: Areas of NSW that are in drought are identified on the website of the Department of Primary Industries.