Certain minor developments may qualify as exempt development if they have minimal environmental impact and are classified as exempt under an environmental planning instrument. No development consent or approval is required for exempt development, provided the requirements in the relevant planning instrument are met.

The State Environmental Planning Policy (Transport and Infrastructure) 2021 - NSW Legislation contains specific exempt development provisions for land managed by Port Authority or vested in Transport for NSW. A full list of exempt development provisions under the TI SEPP can be found in Clause 2.82 of the policy. Additional exempt development provisions are outlined in other environmental planning instruments, primarily the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

Even if a development qualifies as exempt development, landowner consent from Port Authority is still required before works commence. 

For assistance in determining whether a development proposal qualifies as exempt development, please contact: