New South Wales

State Environmental Planning Policy (Transport and Infrastructure) 2021

Executive summary of update

This update introduces significant changes by broadening the scope of social infrastructure, refining energy system regulations, and establishing new development frameworks for specific land areas. Division 2 has been expanded from "Correctional centres" to "Justice and social support facilities", widening the types of facilities covered. A new Division 30 creates specific development pathways for the Australian Botanic Garden Mount Annan. Chapter 4 is substantially amended to introduce new exempt, complying, and interim development rules for future infrastructure corridors.

Key operational changes include new accreditation requirements for solar and battery installations under Section 2.39, and a new traffic certificate process for the Moorebank Freight Intermodal Precinct involving capacity thresholds and audits (Section 6.11). The update also repeals outdated provisions related to interim rail corridors (Sections 2.101–2.103) and introduces new exempt development pathways for the temporary relocation of government schools during emergencies (Section 3.43A).

Impacted parties

This update most significantly impacts project management, operations, and legal teams involved in social infrastructure, energy projects, and developments within or near designated infrastructure corridors, particularly the Moorebank Precinct and the Australian Botanic Garden Mount Annan.

Change Analysis

Expansion of Social and Educational Infrastructure Provisions

The update broadens the scope of development pathways for social and educational facilities. Division 2 has been retitled from "Correctional centres and correctional complexes" to "Justice and social support facilities". The new definition in Section 2.26 now includes a wider range of facilities such as community corrections offices, courthouses, disability homes, social housing, and youth justice facilities. This change provides clearer planning pathways for a broader set of public authority developments.

Additionally, a new Section 3.43A has been introduced, creating an exempt development pathway for the temporary relocation of government schools during emergencies. This allows for the rapid establishment of temporary schools in existing buildings or structures for up to 24 months, subject to conditions including capacity limits and location restrictions (e.g., not on bushfire or flood-prone land).

New Frameworks for Future Infrastructure Corridors and Specific Sites

Chapter 4 (Future infrastructure corridors) has been significantly expanded. New Sections 4.7A, 4.7B, and 4.7C introduce provisions for interim, exempt, and complying development within these corridors, allowing for temporary or low-impact uses on land earmarked for future infrastructure, subject to a capital investment value cap of $200,000....

The full analysis cover much more, including triggers for operational and commercial risks and opportunities.

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