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 The update also repeals outdated provisions related to interim rail corridors (Sections 2.101–2.103) and introduces new exempt development pathways for the temporary relocation of government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. Furthermore, two new Sections 4.11 establish concurrence requirements with Transport for NSW for development within or near future underground infrastructure corridors and infrastructure investigation areas, aiming to protect future public transport projects.

A new Division 30 (Sections 2.180–2.183) has been created specifically for the Australian Botanic Garden Mount Annan. It permits a wide range of developments without consent when carried out by the Trust, including eco-tourist facilities, function centres, and community events, subject to specific conditions such as cost thresholds and consultation with Water NSW.

Amendments to Energy Systems and Port Infrastructure

Regulations for energy systems have been updated. Section 2.39 introduces new provisions for “stand-alone power systems” as complying development and updates accreditation requirements for solar and battery installations, now referencing “Solar Accreditation Australia” instead of the Clean Energy Council. The operating limit for temporary electricity generating units providing network support has been increased from 200 to 500 hours per year under Section 2.44(2)(f).

For port infrastructure, Schedule 11 has been amended to include the “Port Kembla Bulk Liquid Storage Tank Area” in provisions for bulk liquid storage tanks (Section 11), changes of stored liquid (Section 12), and pipeline modifications (Section 13), subjecting them to new risk criteria based on the Port Kembla Land Use Safety Study (LUSS).

Process Changes for Moorebank Freight Intermodal Precinct

A significant procedural change has been introduced for the Moorebank Freight Intermodal Precinct in Part 6.4. The new Section 6.11(3A) prohibits the Planning Secretary from issuing a traffic certificate if the maximum daily capacity of heavy vehicles is reached, or if an interim threshold (25%, 50%, or 75%) is reached without a traffic audit being completed. This introduces a staged, data-driven approval process tied to traffic performance, as detailed in a new “implementation plan”. This change formalises traffic management as a critical gateway for further development within the precinct.

Corrective and preventive actions

Legal

• Section 2.26: Review the new definition of “justice and social support facility” and update internal guidance on planning pathways for these developments.
• Section 3.43A: Advise project teams on the new exempt development pathway and associated conditions for the temporary emergency relocation of government schools.
• Chapter 4: Review and provide guidance on the new development controls, concurrence requirements, and interim use provisions for future infrastructure corridors, including the new underground corridors and investigation areas.
• Division 30: Develop compliance advice for any proposed activities within the Australian Botanic Garden Mount Annan, noting the new consent and exempt pathways.
• Section 6.11: Review the new traffic certificate requirements for the Moorebank Precinct and advise on the legal implications of the new capacity thresholds and traffic audit process.

Operations

• Section 2.39: Update procurement and installation procedures for solar and battery systems to ensure all contractors hold accreditation from “Solar Accreditation Australia”.
• Section 2.44(2)(f): Note the increased operating limit (from 200 to 500 hours) for temporary electricity generating units and update operational plans accordingly.
• Section 2.53: Update maintenance procedures for emergency services facilities to include the new exempt development pathway for fire hose drying poles.
• Section 2.113: Update procedures for the demolition of buildings to reflect the updated reference to AS 2601:2025.
• Schedule 11, Sections 11-13: For projects in Port Kembla, ensure all bulk liquid storage developments comply with the new risk criteria based on the Port Kembla LUSS.

Project Management

• Chapter 4: For any projects on land within or near a future infrastructure corridor, assess proposals against the new exempt, complying, and interim use rules (Sections 4.7A-C) and factor in the new concurrence process with Transport for NSW (Section 4.11).
• Section 6.11: For all projects in the Moorebank Precinct, integrate the new traffic certificate application process into project timelines. Monitor heavy vehicle capacity thresholds and plan for the requirement of traffic audits.
• Division 30: For projects in the Australian Botanic Garden Mount Annan, ensure proposals align with the new development pathways and that required consultations with Water NSW and the local council are scheduled.

Government & Regulatory Affairs

• Chapter 4: Engage with Transport for NSW to understand the practical application of the new concurrence roles for future infrastructure corridors and investigation areas.
• Section 6.11: Liaise with the Department of Planning and Transport for NSW regarding the new “implementation plan” and the process for approving independent traffic auditors for the Moorebank Precinct.

Health Safety and Environment

• Schedule 11, Sections 11-13: Update safety management systems and hazard analyses for Port Kembla operations to reflect the new risk criteria mandated by the Port Kembla LUSS.
• Section 2.20(k): Update environmental management plans to note the new limitations on exempt development within wilderness areas, restricting it to emergency, maintenance, or environmental management works.

Risks & opportunities assessment

The update presents both risks and opportunities. The expansion of development pathways in Chapter 4 for future infrastructure corridors and the new Division 30 for the Australian Botanic Garden provides significant opportunities for streamlined project delivery in these specific areas, reducing regulatory friction for interim or low-impact works. Similarly, the new exempt pathway for temporary emergency schools (Section 3.43A) enhances operational agility in crisis situations.

However, the new procedural requirements introduce risks. The traffic certificate process for the Moorebank Precinct (Section 6.11) creates a new dependency on traffic performance and audits, which could delay or halt projects if capacity thresholds are met. The new concurrence roles for Transport for NSW in Chapter 4 add another layer of regulatory approval that must be managed. The change in accreditation body for solar installations (Section 2.39) poses a compliance risk if procurement and operational teams are not updated, potentially leading to non-compliant installations. The inclusion of Port Kembla in the stringent risk assessment framework of Schedule 11 will increase the compliance burden for projects in that area.