State Environmental Planning Policy (Biodiversity and Conservation) 2021

Controls on development for specific purposes pt 6.2, div 4: Ins 2022 (629), Sch 1[1]. 6.15 Aquaculture In deciding whether to grant development consent to development for the purposes of aquaculture on land in a regulated catchment, the consent authority must consider the following— (a) the likely direct, indirect and cumulative environmental impacts of related activities, including— (i) the coating of fishing accessories with protective finishes, and (ii) the transport and cleaning of cages, racks and other accessories, (b) whether the development includes adequate measures for the disposal of waste, (c) potential adverse environmental impacts from damage to facilities or equipment associated with the development that is caused by flooding, stormwater or erosion. s 6.15: Ins 2022 (629), Sch 1[1]. 6.16 Artificial waterbodies (1) In deciding whether to grant development consent to development for the purposes of artificial waterbodies on land in a regulated catchment, the consent authority must consider the following— (a) the likely impact of the development on other downstream land uses in the regulated catchment, (b) whether the development will enhance the recreational and environmental amenity of the regulated catchment, (c) whether the development will contribute to a propagation zone for noxious aquatic weeds in the regulated catchment, (d) whether the development includes measures to minimise the risk of an increase in algal blooms in the regulated catchment. (2) Development consent must not be granted to development for the purposes of artificial waterbodies on land in a regulated catchment if— (a) a rehabilitation plan is required to be prepared for the development under State Environmental Planning Policy (Resources and Energy) 2021 , section 2.23, and (b) the consent authority is not satisfied the development is consistent with the rehabilitation plan. s 6.16: Ins 2022 (629), Sch 1[1]. 6.17 Heavy and hazardous industries (1) This section applies to— (a) development for the purposes of potentially hazardous industry or potentially offensive industry, and (b) development for the purposes of heavy industrial storage establishments or heavy industries. (2) In deciding whether to grant development consent to development to which this section applies, the consent authority must consider the need for bush fire hazard reduction work on the site. (3) Development consent must not be granted to development to which this section applies unless the consent authority is satisfied— (a) the development includes adequate measures to contain water that is at risk of contamination as a result of the development, and (b) approvals have been obtained, or are obtainable, to undertake bush fire hazard reduction work required on the site. (4) Development for the purposes of heavy industrial storage establishments or heavy industries is prohibited on land in a regulated catchment if the development is carried out— (a) on flood liable land, or (b) within 40m of a natural waterbody or watercourse, or (c) on a floodway. (5) In this section— floodway means an area of a floodplain where a significant discharge of water occurs during floods, which, even if partially blocked, would cause a significant redistribution of flood flow or a significant increase in flood levels. potentially hazardous industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. potentially offensive industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. s 6.17: Ins 2022 (629), Sch 1[1]. 6.18 Commercial and private marinas In deciding whether to grant development consent to development for the purposes of commercial and private marinas on land in a regulated catchment, the consent authority must consider the following— (a) whether the development includes adequate measures in relation to the collection, storage, treatment and disposal of sewage and other waste, (b) whether the development complies with the document entitled Environmental Guidelines: Best Management Practice for Marinas and Slipways , published in 1998 by the Environment Protection Authority, (c) whether adequate depth of water exists for the development and related foreshore facilities, (d) whether the development is likely to affect the stability of land adjoining a natural waterbody, (e) whether the development will have an adverse impact on the foreshore or the bed of a natural waterbody. s 6.18: Ins 2022 (629), Sch 1[1]. Am 2026 (79), Sch 1[30] [31]. 6.19 Moorings (1) Development for the purposes of moorings may be carried out with development consent in the Georges River Catchment and the Hawkesbury-Nepean Catchment. (2) In deciding whether to grant development consent, the consent authority must consider the following— (a) the type and size of vessels that will be moored, (b) whether adequate depth of water exists for the development, (c) whether dredging will be needed to carry out the development, (d) whether the development will provide public facilities or promote the shared use of private facilities. (3) Development consent must not be granted to development for the purposes of moorings in seagrass in the Georges River Catchment. (4) Development consent must not be granted to development for the purposes of moorings in the Hawkesbury-Nepean Catchment unless the consent authority is satisfied the development will not have an adverse impact on seagrass. s 6.19: Ins 2022 (629), Sch 1[1]. Subst 2026 (79), Sch 1[32]. 6.20 On-site domestic sewerage systems (1) This section applies to development for the purposes of on-site domestic sewerage systems on land in a regulated catchment. (2) In deciding whether to grant development consent, the consent authority must consider the following— (a) whether the development will be capable of connecting to a sewerage reticulation system, (b) the suitability of the site for on-site disposal of effluent, (c) the capacity of the development to operate without significant adverse long-term impacts on adjoining land. (3) Development consent must not be granted unless the consent authority is satisfied that the development includes adequate measures— (a) to prevent the spread of disease, and (b) to reuse treated resources, and (c) to facilitate the recycling and reuse of treated effluent, and (d) to minimise adverse impacts on the amenity of the development site and other nearby land, and (e) to maintain storage and treatment capacity in wet weather, and (f) to monitor the relevant sewerage system on an ongoing basis. (4) Development consent must not be granted to single household development that is not connected to a sewage reticulation system unless the consent authority is also satisfied that the development complies with the relevant guidelines. (5) In this section— on-site domestic sewerage system means a building, work or place at which effluent is stored, treated or disposed of on-site for domestic purposes. relevant guidelines means the document entitled Environment and Health Protection Guidelines—On-site Sewage Management for Single Households , published by the Department of Local Government, the Department of Land and Water Conservation, the Department of Health and the Environment Protection Authority in 1998. single household development meant development to which this section applies that is associated with residential accommodation consisting of a single dwelling. s 6.20: Ins 2022 (629), Sch 1[1]. 6.21 Stormwater management (1) This section applies to development for the purposes of works, including water recycling facilities, water reticulation systems and water storage facilities, that are designed to collect, channel, store, treat or disperse stormwater runoff. (2) Development to which this section applies may be carried out on land in a regulated catchment— (a) by or on behalf of a public authority—without development consent, or (b) otherwise—with development consent. (3) Despite subsection (2), development to which this section applies is prohibited on land in a regulated catchment if the works will cause untreated stormwater to be disposed of into a natural waterbody. (4) In this section— untreated stormwater means stormwater that has not been subjected to measures designed to reduce litter, suspended soils, nutrients or other substances that contribute to a decline in water quality. s 6.21: Ins 2022 (629), Sch 1[1]. 6.22 Waste or resource management facilities (1) Development for the purposes of waste or resource management facilities is prohibited on flood liable land in the Georges River Catchment. (2) Development consent must not be granted to development for the purposes of waste or resource management facilities on land in a regulated catchment unless the consent authority is satisfied of the following— (a) an adequate site management plan has been prepared in relation to the development, (b) the development includes adequate leachate surface controls, (c) the final landform of the development on the site will be stable in the long term. s 6.22: Ins 2022 (629), Sch 1[1]. 6.23 Demolition on certain land (1) This section applies to land— (a) in a regulated catchment, other than land in the Foreshores and Waterways Area, and (b) to which a local environmental plan that adopts the Standard Instrument does not apply. (2) Development that involves the demolition of a building or work may be carried out only with development consent. s 6.23: Ins 2022 (629), Sch 1[1]. Am 2026 (79), Sch 1[33].