18   Additional uses of certain State land permitted

(1)  This clause applies to State land unless:

(a)  the land is subject to a standard local environmental plan made as provided by section 33A (2) of the Act, or

(b)  the land is:

(i)  zoned for conservation purposes under an environmental planning instrument, or

(ii)  a State forest, flora reserve or timber reserve under the Forestry Act 1916, or

(iii)  reserved under the National Parks and Wildlife Act 1974, or

(iv)  reserved under the Crown Lands Act 1989 for a public purpose that, in the opinion of the Director-General, is an environmental protection or nature conservation purpose.

(2)  If development for a particular purpose is permitted (with or without consent) on land by the zoning of that land, development for that purpose may be carried out on any adjacent State land to which this clause applies:

(a)  with consent, if the development is permitted on the land with consent, or

(b)  without consent, if the development is permitted on the land without consent,

despite the provisions of any local environmental plan that applies to that State land.

Note. Development includes subdivision of land—see the definition of development in the Act.

(3)  Consent must not be granted for development that this clause provides may be carried out with consent unless the consent authority is satisfied that the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses.

Note. A site compatibility certificate is not required for development that this clause provides may be carried out without consent.

(4)  This clause does not:

(a)  prevent a consent authority from:

(i)  granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or

(ii)  refusing to grant consent for development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or

(b)  otherwise limit the matters to which a consent authority may have regard in determining a development application for development to which this clause applies.

(5)  This clause applies regardless of whether the State land and the adjacent land concerned are subject to the same or different environmental planning instruments.

(6)  Land is adjacent to other land for the purpose of this clause even if it is separated from that other land by a road, or road related area, as defined by the Road Transport (General) Act 2005.

(7)  In this clause, a reference to land zoned for conservation purposes means land in any of the following land use zones or in a land use zone that is equivalent to any of those zones:

(a)  RE1 Public Recreation,

(b)  E1 National Parks and Nature Reserves,

(c)  E2 Environmental Conservation,

(d)  W1 Natural Waterways.