New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - REG 79

79 Development permitted without consent-rail infrastructure facilities generally

(1) Development for the purpose of a railway or rail infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development:

(a) is authorised by or under that Act, or

(b) is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c) is on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement.

(2) In this clause, a reference to development for the purpose of a railway or rail infrastructure facilities includes a reference to operation of a railway and to development for any of the following purposes if the development is in connection with a railway or rail infrastructure facilities:

(a) construction works (whether or not in a heritage conservation area), including:

(i) temporary crushing plants or concrete batching plants, if they are used solely in connection with railway construction and in or adjacent to a rail corridor, and

(ii) track support earthworks, and

(iii) alteration, demolition or relocation of a local heritage item, and

(iv) alteration or relocation of a State heritage item, and

(v) temporary buildings, or facilities for the management of railway construction, that are in or adjacent to a rail corridor,

(b) emergency works, or routine maintenance works, carried out in the rail corridor of an existing railway or on land that is adjacent to such a corridor (including on land to which State Environmental Planning Policy No 14-Coastal Wetlands or State Environmental Planning Policy No 26-Littoral Rainforests applies but, if they are on such land, only if any adverse effect on the land is restricted to the minimum possible to allow the works to be carried out),

(c) maintenance or repair of an existing rail infrastructure facility,

(d) environmental management works.