New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 48

48 Development permitted without consent

(1) Development for the purpose of an emergency services facility may be carried out by or on behalf of a public authority (other than the NSW Rural Fire Service) without consent in a prescribed zone. However, such development may be carried out on land reserved under the National Parks and Wildlife Act 1974 only if it is authorised by or under that Act.

(2) Development for any of the following purposes may be carried out by or on behalf of an emergency services organisation without consent on any land:

(a) minor alterations of or additions to an existing emergency services facility, such as internal fitouts or works for safety or security purposes,

(b) restoration of an emergency services facility due to damage,

(c) demolition of an emergency services facility.

(2A) Before development to which subclause (1) or (2) applies is carried out, the proponent of the development 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 (unless the proponent is that council) 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.

(3) Development for the purpose of bush fire hazard reduction work or the construction of fire trails may be carried out by any person without consent on any land if the development:

(a) is not on land to which State Environmental Planning Policy No 14-Coastal Wetlands or State Environmental Planning Policy No 26-Littoral Rainforests applies, and

(b) is consistent with a bush fire risk management plan within the meaning of the Rural Fires Act 1997 that applies to the area or locality in which the development is proposed to be carried out.

Note: The Rural Fires Act 1997 makes certain bush fire risk management work exempt development.