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Amendments to Transport and Infrastructure State Environmental Planning Policy (SEPP) 2021– Chapter 5 Three Ports

Port Botany, Port Kembla and the Port of Newcastle are the three largest ports in NSW. These ports are recognised as state significant precincts due to their importance to the NSW and Australian economies.

The State Environmental Planning Policy (SEPP) Transport and Infrastructure 2021 – Chapter 5 Three Ports is the principal environmental planning instrument that sets the land use planning and assessment framework for appropriate development at the three ports.

The NSW Government has made changes to the SEPP to enable additional, essential, day-to-day development on land at the three ports, to be undertaken through a streamlined assessment pathway. 

The amendments made include:

  • identifying additional exempt and complying development within the lease areas of Port Botany, Port Kembla and Port of Newcastle
  • identifying additional land within the Port Kembla and Port of Newcastle lease area
  • rezoning land near Hale Street, Botany
  • requiring the consent authority to consider impacts on port and industrial operations before approving the subdivision of land within the vicinity of the lease area
  • introducing requirements to notify the port operator at Port Kembla and Port of Newcastle in relation to development that may affect the shipping channel
  • ensuring the policy remains up to date and effective through housekeeping and operational amendments.

Changes to extend some complying development activities to be permitted on land within the Mayfield area, Port of Newcastle via the fast-track planning pathway have been informed by the preparation of a land use safety study.

The decision to not proceed with the proposal to rezone land at Wentworth Avenue, Botany was made in 2019 and stakeholders consulted at that time. This was in response to stakeholder feedback around this proposal.

An Explanation of Intended Effect outlining the proposed SEPP changes was exhibited in late 2018. A copy of these exhibition documents can be found below. Changes were made to the exhibited proposal in response to feedback received.

View the SEPP amendment

Attachments (6)

EIE Three Ports
 FAQs State Environmental Planning Three Ports Amendments
Draft State Environmental Planning Policy Three Ports 2013 Port Kembla Lease Area Map 002A.PDF
Port of Newcastle Land Use Safety Study Future Case Map_ Mayfield Precinct.PDF
Draft State Environmental Planning Policy Three Ports 2013 Port Kembla Lease Area Map 002.PDF
Draft State Environmental Planning Policy Three Ports 2013 Port of Newcastle Lease Area Map.PDF

Submissions (31)

001_Reasons for Objection to the Proposed Changes to SEPP Three Ports 2013.pdf
002_RPG Botany.pdf
003- Sydney Airport_pdf
004_City Plan.pdf
005_A C Comino and Associates .pdf
006_SJB Planning.pdf
007_ Goodman Property Services.pdf
008 Stan Hill.pdf
009_ Bayside Council.pdf
010_Botany Industrial Park .pdf
011_Barr Property and Planning.pdf
012_Barr Property and Planning Nov 2018.pdf
013_Banksmeadow Property Asset Trust A.pdf
014_Logos Property.pdf
015_Banksmeadow Property Trust A_3 December 2018.pdf
016_Scentre Group.pdf
017_Pacific National Freehold and Leased Land Holdings.pdf
018_ Pacific National Lot 1 Carmorant Road Freehold.pdf
019_Pacific National Lot 1 Beauchamp Road and Lot 20 Freehold.pdf
020_Australian Logistics Council.pdf
021_Anonymous Resident of Banksmeadow October 2018.pdf
022_ Anonymous Resident of Banksmeadow 21 November 2018.pdf
023_BBC Consulting Planners, Resident of Banksmeadow.pdf
024_Anonymous Resident of Banksmeadow.pdf
025_Elton Consulting on behalf of Orora.pdf
026_Anonymous Resident of Botany.pdf
027_Anonymous Resident of Banksmeadow.pdf
028_Anonymous resident.pdf
029_Anonymous Resident of Eastgardens.pdf
030_Pyror Tzannes & Wallis Solicitors & Public Notaries..pdf
031_ Anonymous Resident of Maroubra.pdf


  • On Exhibition

    The consultation is open for public comment.

  • Under Consideration

    We'll be reviewing what you told us.

  • Made and Finalised

    The final outcomes of this consultation will be documented here.

Consultation period


More information

Exhibiting agency or agencies: DPE
Exhibition location: NSW Planning Portal