New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 5

5 Interpretation-general

(1) A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.

(2) In this Policy:
"associated public transport facilities" for a railway station, public ferry wharf or road means such of the following as are integrated or associated with the station, wharf or road:

(a) car parks intended for use by commuters,

(b) public transport interchanges (being locations intended for use by commuters to transfer between and to different kinds of public transport such as buses, trains and ferries),

(c) bus bays (being locations that are set aside for buses to stop or park for the purpose of picking up and setting down passengers),

(d) bus layovers.

"Blue Book" means Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and as in force at the commencement of this Policy.
"bus layover" means a location set aside for buses to park during periods between bus journeys.

Note: Bus layovers may (but need not) have amenities for bus drivers to use during periods between bus journeys.

"capital investment value" of development has the same meaning as in the Environmental Planning and Assessment Regulation 2000 .
"consent":

(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and

(b) when used in any other context, means development consent.

Note: As a result of paragraph (a) of the definition of "consent", development that this Policy provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.

"consent authority" has the same meaning as it has in the Act.

Note: The Act defines "consent authority" as follows:
"consent authority", in relation to a development application or an application for a complying development certificate, means:

(a) the council having the function to determine the application, or

(b) if a provision of the Environmental Planning and Assessment Act 1979 , the regulations under that Act or an environmental planning instrument specifies a Minister or public authority (other than a council) as having the function to determine the application-that Minister or public authority, as the case may be.

"emergency works" means works for the purpose of maintaining or restoring infrastructure facilities or equipment in order to ensure public safety or to protect buildings or the environment due to:

(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or

(b) accident, equipment failure or structural collapse, or

(c) damage caused by vandalism or arson,

provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of the Blue Book.
"environmental management works" means:

(a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and

(b) environmental protection works.

"heritage conservation area" means land identified as a heritage conservation area or place of Aboriginal significance (or by a similar description) in an environmental planning instrument.
"heritage significance" means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.
"infrastructure facility" means development that is the subject of development controls under Part 3.
"local heritage item" means:

(a) a place, building, work, relic, tree, archaeological site or Aboriginal object that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or

(b) an item of local heritage significance, as defined by the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.

"primary road" means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.
"public authority":

(a) has the same meaning as it has in the Act, and

(b) in respect of development connected with rail corridors or railway infrastructure facilities, includes the Australian Rail Track Corporation Limited (ACN 081 455 754).

"railway station" includes any station for a metro railway (within the meaning of the Transport Administration Act 1988 ).
"site compatibility certificate" means a certificate issued under clause 19 (5).
"Standard Instrument" means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 made under the Act.
"State heritage item" means an item of State heritage significance, as defined by the Heritage Act 1977 , that is the subject of an interim heritage order in force under that Act or listed on the State Heritage Register under that Act.
"State land" means:

(a) Crown land within the meaning of the Crown Lands Act 1989 , or

(b) any other land of the Crown or vested in a Minister on behalf of the Crown, or

(c) land owned by a public authority other than a council.

"telecommunications facility" -see clause 113.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"written notice" includes notice by electronic mail or facsimile.

(3) If this Policy provides that development for a particular purpose that may be carried out without consent includes "construction works", the following works or activities are (subject to and without limiting that provision) taken to be construction works if they are carried out for that purpose:

(a) accessways,

(b) temporary construction yards,

(c) temporary lay-down areas for materials or equipment,

(d) temporary structures,

(e) conduct of investigations,

(f) clearing of vegetation (including any necessary cutting, lopping, ringbarking or removal of trees) and associated rectification and landscaping,

(g) demolition,

(h) relocation or removal of infrastructure,

(i) extraction of extractive materials at the construction site solely for the purpose of the construction.

(4) If this Policy provides that development for a particular purpose that may be carried out without consent includes "routine maintenance works", the following works or activities are (subject to and without limiting that provision) taken to be routine maintenance works if they are carried out for that purpose:

(a) routine repairs to or replacement of equipment or assets,

(b) temporary construction yards,

(c) clearing of vegetation (including any necessary cutting, lopping, ringbarking or removal of trees) and associated rectification and landscaping.

(5) Notes included in this Policy are provided for guidance and do not form part of this Policy.