State Environmental Planning Policy (Infrastructure) 2007
Current version for 1 January 2013 to date (accessed 22 May 2013 at 11:32)

94   Development permitted without consent—general

(1)  Development for the purpose of a road or road 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 the National Parks and Wildlife Act 1974, 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 and clause 96, a reference to development for the purpose of road infrastructure facilities includes a reference to development for any of the following purposes if the development is in connection with a road or road infrastructure facilities:
(a)  construction works (whether or not in a heritage conservation area), including:
(i)  temporary buildings or facilities for the management of construction, if they are in or adjacent to a road corridor, and
(ii)  creation of embankments, and
(iii)  extraction of extractive materials and stockpiling of those materials, if:
(A)  the extraction and stockpiling are ancillary to road construction, or
(B)  the materials are used solely for road construction and the extraction and stockpiling take place in or adjacent to a road corridor, and
(iv)  temporary crushing or concrete batching plants, if they are used solely for road construction and are on or adjacent to a road corridor, and
(v)  temporary roads that are used solely during road construction,
(b)  emergency works, or routine maintenance works, carried out on an existing public road or on land that is adjacent to such a road (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)  alterations or additions to an existing road (such as widening, duplication or reconstruction of lanes, changing the alignment or strengthening of the road),
(d)  environmental management works, if the works are in or adjacent to a road corridor.
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