115U   Development that is State significant infrastructure

(1)  For the purposes of this Act, State significant infrastructure is development that is declared under this section to be State significant infrastructure.

(2)  A State environmental planning policy may declare any development, or any class or description of development, to be State significant infrastructure.

(3)  Development that may be so declared to be State significant infrastructure is development of the following kind that a State environmental planning policy permits to be carried out without development consent under Part 4:

(a)  infrastructure,

(b)  other development that (but for this Part and within the meaning of Part 5) would be an activity for which the proponent is also the determining authority and would, in the opinion of the proponent, require an environmental impact statement to be obtained under Part 5.

Paragraph (b) does not apply where the proponent is a council or county council.

(4)  Specified development on specified land is State significant infrastructure despite anything to the contrary in this section if it is specifically declared to be State significant infrastructure. Any such declaration may be made by a State environmental planning policy or by an order of the Minister (published on the NSW legislation website) that amends a State environmental planning policy for that purpose.

(5)  The Planning Assessment Commission or Infrastructure NSW may recommend to the Minister that a declaration be made under subsection (4) in respect of particular development.

(6)  If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (2) and State significant development, it is not State significant infrastructure despite any such declaration.

(7)  If, but for this subsection, development is both State significant infrastructure because of a declaration under subsection (4) and State significant development, it is not State significant development despite any declaration under Division 4.1 of Part 4.