State Environmental Planning Policy (Biodiversity and Conservation) 2021

Foreshores and Waterways Area pt 6.3: Ins 2022 (629), Sch 1[1]. Division 1 Preliminary pt 6.3, div 1: Ins 2022 (629), Sch 1[1]. 6.24 Application of Part (1) This Part applies to land that is in, or abuts, the Foreshores and Waterways Area. (2) If development is permitted with development consent under this Part, the permission is subject to a provision of another Part that prohibits the development. (3) If development is permitted without development consent under this Part, the permission is subject to a provision of another Part that— (a) permits the development with development consent, or (b) prohibits the development. s 6.24: Ins 2022 (629), Sch 1[1]. 6.25 Consent authority (1) The Minister administering the Ports and Maritime Administration Act 1995 is the consent authority for the following development— (a) development comprising the subdivision of land owned by TfNSW in or abutting the Foreshores and Waterways Area, (b) development carried out in the Foreshores and Waterways Area wholly below the mean high water mark, (c) development carried out in the Foreshores and Waterways Area partly above and partly below the mean high water mark for the following purposes— Above-water boat lifts; Advertisements; Advertising structures; Aids to navigation; Aviation facilities; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Dredging; Floating boat platforms; Flora and fauna enclosures; Houseboats; Maintenance dredging; Mooring pens; Private landing facilities; Private landing steps; Private marinas; Private swimming enclosures; Public boardwalks; Public water transport facilities; Single moorings; Skids; Slipways (2) Despite subsection (1), the Minister administering the Environmental Planning and Assessment Act 1979 is the consent authority for the following development carried out in the Foreshores and Waterways Area— (a) development carried out partly above and partly below the mean high water mark, other than development to which subsection (1)(a) or (c) applies, (b) development carried out below the mean high water mark for the following purposes— Boat building and repair facilities; Boat launching ramps; Boat sheds; Commercial marinas; Public water recreational facilities; Reclamation works; Seawalls; Swimming pools; Water-based restaurants and entertainment facilities; Waterfront access stairs (c) development carried out wholly or partly inside the zoned waterway, including below the mean high water mark, for the following purposes— Car parks; Commercial premises; Community facilities; Recreational or club facilities; Residential accommodation; Restaurants or cafes; Retail premises; Tourist facilities (3) Subsections (1) and (2) do not apply if another environmental planning instrument specifies a different public authority, other than the council, as the consent authority for the development. Note— If another environmental planning instrument declares development as development for which a public authority, other than a council, is the consent authority, that public authority is the consent authority for the development. See the Act, section 4.5(c). (4) In this section— seawall means a structure placed partially or wholly along the foreshore to protect the land from the sea or to stop accelerated erosion of the shoreline, but does not include a breakwater. s 6.25: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]. Subst 2026 (79), Sch 1[34]. Division 2 Zoning of Foreshores and Waterways Area pt 6.3, div 2: Ins 2022 (629), Sch 1[1]. 6.26 Zoning of Foreshores and Waterways Area (1) For this Part, land is in one of the following zones if it is shown within the zone on the Foreshores and Waterways Area Map — Zone 1—Maritime Waters Zone 2—Environment Protection Zone 3—Naval Waters Zone 4—Aviation Zone 5—Water Recreation Zone 6—Scenic Waters—Active Use Zone 7—Scenic Waters—Casual Use Zone 8—Scenic Waters—Passive Use Zone 9—National Parks and Nature Reserves (2) A zone boundary that follows the water’s edge, as shown on the Foreshores and Waterways Area Map , is taken to follow the mean high water mark. (2A) Land in Zone 6, 7 or 8 comprises the waters between the mean high water mark and a line running parallel to, and 30m seaward of, the mean high water mark. (3) This section does not affect the zoning, under another environmental planning instrument, of land in the Foreshores and Waterways Area if the land is not included in a zone under this section. s 6.26: Ins 2022 (629), Sch 1[1]. Am 2026 (79), Sch 1[35]. 6.27 Zone objectives and Land Use Table (1) The Land Use Table at the end of this section specifies the following for each zone— (a) the objectives for development, (b) development that may be carried out without development consent, (c) development that may be carried out only with development consent, (d) development that is prohibited. (2) Development not specified in the Table in relation to a zone may be carried out with development consent in the zone if the consent authority is satisfied that the development— (a) is not inconsistent with the objectives for development in the zone, and (b) is not inconsistent with the provisions of another environmental planning instrument, and (c) will not otherwise have adverse impacts. (3) The consent authority must consider the objectives for development in a zone when determining a development application in relation to land in the zone. Land Use Table Zone 1 Maritime Waters 1 Objectives of zone • To give preference to and protect waters required for the effective and efficient movement of commercial shipping, public water transport and maritime industry operations. • To allow development that is compatible with, and will not adversely affect the effective and efficient movement of, commercial shipping, public water transport and maritime industry operations. • To promote the equitable use of the Foreshores and Waterways Area, including use by passive recreation craft. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Community facilities; Dredging; Flora and fauna enclosures; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Camping grounds; Caravan parks; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Short-term rental accommodation; Slipways; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 2 Environment Protection 1 Objectives of zone • To protect the natural and cultural values of waters in the zone. • To prevent damage to, or the possibility of long term adverse impact on, the natural and cultural values of waters in the zone and adjoining foreshores. • To enhance and rehabilitate the natural and cultural values of waters in the zone and adjoining foreshores. • To provide for the long term management of the natural and cultural values of waters in the zone and adjoining foreshores. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Naval activities; Single moorings 3 Permitted with consent Boat launching ramps; Community facilities; Dredging; Flora and fauna enclosures; Maintenance dredging; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat lifts; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Short-term rental accommodation; Skids; Slipways; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 3 Naval Waters 1 Objectives of zone • To ensure effective implementation of the Control of Naval Waters Act 1918 of the Commonwealth. • To restrict development that is incompatible with naval interests. • To allow development that does not jeopardise naval interests. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Camping grounds; Caravan parks; Commercial marinas; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Short-term rental accommodation; Skids; Slipways; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Uses and activities prohibited under the Control of Naval Waters Act 1918 of the Commonwealth, Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 4 Aviation 1 Objectives of zone • To give preference to and protect waters required for marine aviation activities. • To ensure marine aviation activities safely coexist with other activities and facilities. • To allow development that is compatible with, and will not adversely affect, marine aviation activities. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Community facilities; Dredging; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Camping grounds; Caravan parks; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Short-term rental accommodation; Skids; Slipways; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 5 Water Recreation 1 Objectives of zone • To give preference to and increase public water-dependent development that will promote the enjoyment of, and free access to, the Foreshores and Waterways Area. • To allow development that will enhance public use of waters in the zone and not compromise public use of waters in the zone in the present or future. • To minimise the number, scale and extent of artificial structures, considering the function of the structures. • To allow commercial water-dependent development that— (a) meets a justified demand, and (b) provides benefits to the general and boating public, and (c) results in a visual outcome that is compatible with the planned character of the locality. • To minimise congestion and conflict arising from the use of waters in the zone and the adjoining foreshores. • To protect and preserve beach environments and ensure they are free from artificial structures. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or from areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial marinas; Community facilities; Dredging; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Camping grounds; Caravan parks; Commercial port facilities; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Short-term rental accommodation; Slipways; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 6 Scenic Waters—Active Use 1 Objectives of zone • To allow a range of public and private water-dependent development close to shore only if the development— (a) minimises alienation of waters in the zone from public use, and (b) is not constrained by shallow water depth, navigational conflicts or severe wave action. • To minimise the number and extent of structures over waters in the zone through mechanisms, including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. • To minimise the adverse impact on views to and from waters in the zone and on the scenic values of the locality as a result of the size of vessels capable of being accommodated as a result of development in the zone. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial marinas; Community facilities; Dredging; Floating boat platforms; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Camping grounds; Caravan parks; Commercial port facilities; Eco-tourist facilities; Houseboats; Intertidal dredging; Manufactured home estates; Reclamation works; Residential accommodation; Short-term rental accommodation; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 7 Scenic Waters—Casual Use 1 Objectives of zone • To allow certain water-dependent development close to shore to meet casual boating needs and other water access needs. • To allow development only if the development— (a) achieves a largely open and unobstructed waterway, and (b) does not dominate the landscape setting. • To restrict development for permanent boat storage in locations that are unsuitable due to— (a) the adverse visual impact of the development, or (b) physical constraints, including shallow water depth, severe wave action and unsafe navigation. • To ensure the scale and size of development are appropriate to the locality • To ensure the scale and size of development protect and improve the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone and areas of public access. • To maintain and enhance views to and from waters in the zone. • To minimise the number and extent of structures over waters in the zone through mechanisms including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Floating boat platforms; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Eco-tourist facilities; Houseboats; Intertidal dredging; Manufactured home estates; Reclamation works; Residential accommodation; Short-term rental accommodation; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 8 Scenic Waters—Passive Use 1 Objectives of zone • To give preference to unimpeded public access along the intertidal zone, the visual continuity and significance of the landform and the ecological value of waters and foreshores. • To restrict development for permanent boat storage and private landing facilities in unsuitable locations. • To allow water-dependent development only if the development— (a) meets a demonstrated demand, and (b) is compatible with the planned character of the locality. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Naval activities; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Eco-tourist facilities; Floating boat platforms; Houseboats; Intertidal dredging; Manufactured home estates; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Short-term rental accommodation; Swimming pools; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 9 National Parks and Nature Reserves 1 Objectives of zone • To identify and protect the environmental significance of islands in Sydney Harbour acquired or reserved under the National Parks and Wildlife Act 1974 . • To enable uses of the islands that are authorised under the National Parks and Wildlife Act 1974 . • To facilitate public access to Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island. • To facilitate development on Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island in a way that is compatible with the plan of management prepared under the National Parks and Wildlife Act 1974 in relation to Sydney Harbour National Park. 2 Permitted without consent Aids to navigation; Uses authorised under the National Parks and Wildlife Act 1974 3 Permitted with consent Nil 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Commercial marinas; Commercial port facilities; Community facilities; Demolition; Dredging; Eco-tourist facilities; Floating boat platforms; Flora and fauna enclosures; General restoration works; Houseboats; Intertidal dredging; Maintenance dredging; Manufactured home estates; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Reclamation works; Recreational or club facilities; Residential accommodation; Short-term rental accommodation; Single moorings; Skids; Slipways; Swimming pools; Telecommunications facilities; Tourist and visitor accommodation; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs s 6.27: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]; 2026 (79), Sch 1[36] [37]. 6.27A Unzoned land (1) This section applies to unzoned land in the Foreshores and Waterways Area— (a) to which a local environmental plan that adopts the Standard Instrument does not apply, or (b) that is not in an area under the Local Government Act 1993 . (2) Development may be carried out on unzoned land only with development consent. (3) In deciding whether to grant development consent, the consent authority must consider whether the development will have an impact on adjoining zoned land. (4) If the consent authority considers the development will have an impact on adjoining zoned land, the consent authority must consider the objectives for development in the zones of the adjoining land. (5) Development consent must not be granted unless the consent authority is satisfied the development is— (a) appropriate, and (b) compatible with permissible land uses in the adjoining zoned land. s 6.27A: Ins 2026 (79), Sch 1[38]. Division 3 Development in Foreshores and Waterways Area pt 6.3, div 3: Ins 2022 (629), Sch 1[1]. 6.28 General (1) In deciding whether to grant development consent to development in the Foreshores and Waterways Area, the consent authority must consider the following— (a) whether the development is consistent with the following principles— (i) Sydney Harbour is a public resource, owned by the public, to be protected for the public good, (ii) the public good has precedence over the private good, (iii) the protection of the natural assets of Sydney Harbour has precedence over all other interests, (b) whether the development will promote the equitable use of the Foreshores and Waterways Area, including use by passive recreation craft, (c) whether the development will have an adverse impact on the Foreshores and Waterways Area, including on commercial and recreational uses of the Foreshores and Waterways Area, (d) whether the development promotes water-dependent land uses over other land uses, (e) whether the development will minimise risk to the development from rising sea levels or changing flood patterns as a result of climate change, (f) whether the development will protect or reinstate natural intertidal foreshore areas, natural landforms and native vegetation, (g) whether the development protects or enhances terrestrial and aquatic species, populations and ecological communities, including by avoiding physical damage to or shading of aquatic vegetation, (h) whether the development will protect, maintain or rehabilitate watercourses, wetlands, riparian lands, remnant vegetation and ecological connectivity. (2) Development consent must not be granted to development in the Foreshores and Waterways Area unless the consent authority is satisfied of the following— (a) having regard to both current and future demand, the character and functions of a working harbour will be retained on foreshore sites, (b) if the development site adjoins land used for industrial or commercial maritime purposes—the development will be compatible with the use of the adjoining land, (c) if the development is for or in relation to industrial or commercial maritime purposes—public access that does not interfere with the purposes will be provided and maintained to and along the foreshore, (d) if the development site is on the foreshore—excessive traffic congestion will be minimised in the zoned waterway and along the foreshore, (e) the unique visual qualities of the Foreshores and Waterways Area and its islands, foreshores and tributaries will be enhanced, protected or maintained, including views and vistas to and from— (i) the Foreshores and Waterways Area, and (ii) public places, landmarks and heritage items. (3) In this section— aquatic vegetation includes seagrass, saltmarsh and algal and mangrove communities. Note— Development that does not require development consent may constitute an activity under the Act, Division 5.1. The Environmental Planning and Assessment Regulation 2021 , Part 8, Division 1, sets out factors to be taken into account by determining authorities in exercising functions under the Act, section 5.5. s 6.28: Ins 2022 (629), Sch 1[1]. 6.29 Areas of outstanding biodiversity value (1) This section applies to land in the Foreshores and Waterways Area that is also in a declared area of outstanding biodiversity value within the meaning of the Biodiversity Conservation Act 2016 . Note— This section applies to the critical habitat for the Little Penguin population at Manly. See Government Gazette No 263 of 2002, p 10983 and the Biodiversity Conservation (Savings and Transitional) Regulation 2017 , clause 8. (2) Development consent must not be granted to development on land to which this section applies unless the consent authority is satisfied the development will not have a significant adverse impact on the land. s 6.29: Ins 2022 (629), Sch 1[1]. 6.30 National parks (1) Development consent must not be granted to development in the Foreshores and Waterways Area unless the consent authority is satisfied that the development— (a) is not likely to affect land that is reserved under the National Parks and Wildlife Act 1974 , and (b) is consistent with the document entitled Developments adjacent to National Parks and Wildlife Service lands: Guidelines for consent and planning authorities , published by the Department in 2020. (2) Despite any other provision of this Chapter, development on land in the Foreshores and Waterways Area is permitted without development consent if— (a) the development site abuts land reserved under the National Parks and Wildlife Act 1974 ( reserved land ), and (b) the development spans the mean high water mark and is part of other development being carried out on the reserved land, and (c) the development is for a purpose for which development is authorised to be carried out under the National Parks and Wildlife Act 1974 . s 6.30: Ins 2022 (629), Sch 1[1]. 6.31 Dredging (1) Despite any other provision of this Part, development for the purposes of dredging, intertidal dredging or maintenance dredging in the Foreshores and Waterways Area may be carried out without development consent if the development is carried out by or on behalf of— (a) TfNSW, or (b) the Port Authority of NSW. (2) Development consent must not be granted to development for the purposes of dredging or maintenance dredging in the Foreshores and Waterways Area unless the consent authority has considered— (a) the adequacy of an acid sulfate soils management plan prepared for the development in accordance with the Acid Sulfate Soils Assessment Guidelines , and (b) the likelihood of the development resulting in the discharge of acid water. (3) In this section— Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines published in the Acid Sulfate Soils Manual. s 6.31: Ins 2022 (629), Sch 1[1]. 6.32 Rocky foreshores and significant seagrasses (1) This section applies to land identified as a rocky foreshore or significant seagrass area on the Rocky Foreshores and Significant Seagrasses Map . (2) Development on land to which this section applies may be carried out only with development consent. (3) Development consent must not be granted to development on land to which this section applies unless the consent authority is satisfied the development— (a) will preserve and, where possible, enhance the health and integrity of seagrasses, areas containing seagrasses and ecological communities in rocky foreshore areas, and (b) will maintain or increase the connectivity of seagrass vegetation and natural landforms, and (c) will prevent, or will not contribute to, the fragmentation of aquatic ecology, and (d) will avoid physical damage to aquatic ecology. (4) Despite subsection (2), development consent is not required for development that is— (a) for the sole purpose of maintaining an existing navigational channel, or (b) for works that— (i) will restore or enhance the natural values of rocky foreshore or seagrass areas, including the restoration or enhancement of plant communities, water levels, water flow or soil composition, and (ii) are to be carried out to rectify damage arising from a contravention of this Chapter, and (iii) will have no significant environmental impact beyond the site on which they are carried out, or (c) to be carried out by or on behalf of— (i) TfNSW, or (ii) the Port Authority of NSW. s 6.32: Ins 2022 (629), Sch 1[1]. Am 2026 (79), Sch 1[39] [40]. 6.32A Single moorings in Sydney Harbour Catchment In deciding whether to grant development consent for the purposes of single moorings in the Sydney Harbour Catchment, 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. s 6.32A: Ins 2026 (79), Sch 1[41]. 6.33 Boat storage facilities In deciding whether to grant development consent to development for the purposes of boat storage facilities in the Foreshores and Waterways Area, the consent authority must consider the following— (a) whether the development will increase the number of public boat storage facilities and encourage the use of the facilities, (b) whether the development will avoid the proliferation of boat sheds and other related buildings and structures below the mean high water mark, (c) whether the development will provide for the shared use of private boat storage facilities, (d) whether the development will avoid the proliferation of private boat storage facilities in and over the waterways by providing facilities that satisfy a demonstrated demand, (e) whether the development will minimise the visual intrusion caused by the boat storage facility, (f) for development involving permanent boat storage—whether the development will— (i) be adversely affected by the wave environment in relation to safety and utility, and (ii) avoid adverse impacts on safe navigation and single moorings. s 6.33: Ins 2022 (629), Sch 1[1]. 6.34 Floating boat platforms (1) In deciding whether to grant development consent to development for the purposes of floating boat platforms in the Foreshores and Waterways Area, the consent authority must consider the following in addition to the matters referred to in section 6.33— (a) whether the development will reduce or adversely affect public access to and along the foreshore or to and from the zoned waterway, (b) whether the development will be compatible with the locality, (c) whether the development will be carried out at a location with suitable water depth, without the need for dredging, (d) whether the platforms will, when being constructed, installed or used, have an adverse impact on seagrass, including impacts from— (i) propeller wash or scour, and (ii) overshadowing from the platform or vessels using the platform. Note— The Fisheries Management Act 1994 , including sections 204A, 204B, 205, 220ZC and 220ZD, creates offences in relation to harming specified marine vegetation and damaging specified habitat. (2) Development consent must not be granted to development for the purposes of floating boat platforms in the Foreshores and Waterways Area unless the consent authority is satisfied the platforms will at all times have a minimum seabed clearance of 600mm, without the need for dredging. (3) This section does not apply to development for the purposes of floating boat platforms in the Foreshores and Waterways Area carried out as complying development under Division 4. s 6.34: Ins 2022 (629), Sch 1[1]. 6.35 Mooring pens (1) Development consent must not be granted to development for the purposes of mooring pens in the Foreshores and Waterways Area unless the consent authority is satisfied of the following— (a) the development will not have an adverse impact on safe navigation, (b) the development will not reduce or adversely affect public access to and along the foreshore or to and from the zoned waterway, (c) the development will be compatible with the character of the locality, (d) the development will minimise the visual intrusion caused by the mooring pens, (e) the development will be carried out in a location suitable for the permanent berthing of a vessel, having regard to— (i) water depth, without the need for dredging, and (ii) wave action, (f) the mooring pens will not, when being constructed, installed or used, have an adverse impact on seagrass. Note— The Fisheries Management Act 1994 , including sections 204A, 204B, 205, 220ZC and 220ZD, creates offences in relation to harming specified marine vegetation and damaging specified habitat. (2) This section does not apply to development for the purposes of mooring pens in the Foreshores and Waterways Area carried out as complying development under Division 4. s 6.35: Ins 2022 (629), Sch 1[1]. Am 2026 (79), Sch 1[42]. 6.36 Private marinas Despite any other provision of this Part, development for the purposes of private marinas— (a) may be carried out with development consent on land in Zone 6, and (b) is otherwise prohibited on land in the zoned waterway. s 6.36: Ins 2022 (629), Sch 1[1]. 6.37 Commercial marinas in Zone 1 Development consent must not be granted to development for the purposes of commercial marinas on land in Zone 1 unless the consent authority is satisfied access between the commercial marina and the foreshore will not be provided on or across land in Zone 2, 3, 7 or 8. s 6.37: Ins 2022 (629), Sch 1[1]. Subst 2026 (79), Sch 1[43]. 6.38 Commercial marinas and boat building and repair facilities in Zone 2 (1) The objectives of this section are as follows— (a) to maintain the working harbour character and functions of certain existing commercial marinas and boat building and repair facilities by retaining the sites of the marinas and facilities for maritime purposes, (b) to ensure development carried out on the sites, including alterations of or extensions to the facilities, does not substantially increase the scale of the facilities or the intensity of the use of the facilities. (2) Despite any other provision of this part, development for the purposes of commercial marinas or boat building and repair facilities may be carried out with development consent on land in Zone 2 if the land is identified as a special purposes area on the Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map . s 6.38: Ins 2022 (629), Sch 1[1]. Subst 2026 (79), Sch 1[43]. 6.39 Development within 20m of boundary with Zone 2 (1) Despite any other provision of this Part, a consent authority may grant consent to development on land that is within 20m of a boundary between Zone 2 and another zone for a purpose for which development may be carried out in either Zone 2 or the other zone. (2) Subsection (1) does not apply to land within 20m of a boundary between Zone 2 and Zone 9. s 6.39: Ins 2022 (629), Sch 1[1]. 6.40 Subdivision of land owned by TfNSW (1) Land owned by TfNSW that is in or abuts the Foreshores and Waterways Area may be subdivided with development consent. (2) Subdivision is permitted with development consent under this section despite— (a) any other provision of this Policy, and (b) the provisions of a local environmental plan applying to the land, including development standards relating to subdivision and resulting lots that apply to the subdivision site. (3) In deciding whether to grant development consent to subdivision under this section, the consent authority must consider the extent to which the subdivision is likely to result in reduced public access to foreshores or waterways. Note— The consent authority is the Minister administering the Ports and Maritime Administration Act 1995 —see this Policy, section 6.25. s 6.40: Ins 2022 (629), Sch 1[1]. 6.41 Subdivision of land not owned by TFNSW (1) Land in the Foreshores and Waterways Area that is not owned by TfNSW may be subdivided with development consent. (2) In deciding whether to grant development consent to subdivision under this section, the consent authority must consider the extent to which the subdivision is likely to result in reduced public access to foreshores or waterways. (3) Development consent must not be granted to subdivision under this section unless the consent authority is satisfied the subdivision complies with any development standards imposed by a local environmental plan that— (a) relate to subdivision and resulting lots, and (b) apply to the subdivision site. s 6.41: Ins 2022 (629), Sch 1[1]. Division 4 Complying development in Foreshores and Waterways area pt 6.3, div 4: Ins 2022 (629), Sch 1[1]. 6.42 Complying development—floating boat platforms Development for the purposes of floating boat platforms on land in the Foreshores and Waterways Area is complying development if— (a) the floating boat platform will be secured to an existing lawful mooring pen in Zone 6 or 7, and (b) the development complies with the following development standards— (i) a floating boat platform must, at all times, have a minimum seabed clearance of 600mm, without the need for dredging, (ii) a floating boat platform must be located wholly in the mooring pen to which it is secured, (iii) the highest point of a floating boat platform must not be more than 400mm above the water line of the platform when a vessel is berthed on the platform, (iv) a floating boat platform must not include a crane, winch or mechanical device, (v) the development must use neutral or recessive colours, (vi) a floating boat platform must not be located above seagrass or, when being constructed, installed or used, have an adverse impact on seagrass. s 6.42: Ins 2022 (629), Sch 1[1]. 6.43 Complying development—boat sheds, mooring pens, private landing facilities, private landing steps, skids and slipways (1) Maintenance in relation to existing lawful boat sheds, mooring pens, private landing facilities, private landing steps, skids or slipways that are on land in the Foreshores and Waterways Area and are not used for a commercial purpose is complying development if— (a) the maintenance will not be carried out on a heritage item or draft heritage item, and (b) the development complies with the development standards specified in this section. (2) The maintenance must— (a) use materials that are at least equivalent to the quality of the existing approved materials being repaired or replaced, and (b) use recessive colours sympathetic to the existing natural landscape and built form, and (c) satisfy any applicable provisions of AS 4997—2005 , Guidelines for the design of maritime structures , and (d) satisfy any applicable provisions of the Building Code of Australia . (3) If there are no applicable provisions of the Building Code of Australia for subsection (2)(d), the maintenance must— (a) be structurally adequate, and (b) not change the classification of the building under the Building Code of Australia . (4) The maintenance must not— (a) increase the height or site coverage of a building, or (b) result in a pile being left exposed in the zoned waterway, or (c) reduce the amount of light penetration to the water below, or (d) involve disturbance of, or harm to, marine vegetation, an aquatic reserve or the bed of a waterway. (5) Maintenance that involves removing or replacing damaged or degraded piles must also— (a) not cause a deterioration in water quality or dispose of spoil in the waterway, and (b) use silt curtains or similar effective methods to control pollution. (6) Maintenance that involves the repair or replacement of a winch or other device used for lifting a vessel must also not result in a winch or device that is larger in size or capacity than the winch or device being repaired or replaced. (7) In this section— draft heritage item has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . harm , in relation to marine vegetation, has the same meaning as in the Fisheries Management Act 1994 , Part 7A. maintenance means structural repairs, replacement or other maintenance. marine vegetation has the same meaning as in the Fisheries Management Act 1994 . Note— Approvals may be required under the Fisheries Management Act 1994 and the Protection of the Environment Operations Act 1997 . s 6.43: Ins 2022 (629), Sch 1[1]. Division 5 Strategic foreshore sites pt 6.3, div 5: Ins 2022 (629), Sch 1[1]. 6.44 Definitions In this Division— appropriate authority , for a strategic foreshore site, means— (a) if State significant development is proposed to be carried out on the site—the Minister, or (b) otherwise—the council of the local government area that includes, or is nearest to, the strategic foreshore site. master plan means a master plan referred to in section 6.47. strategic foreshore site means a site identified as a strategic foreshore site on the Strategic Foreshore Sites Map . Strategic Foreshore Sites Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Strategic Foreshore Sites Map . s 6.44: Ins 2022 (629), Sch 1[1]. 6.45 Land to which Division applies (1) This Division applies to a strategic foreshore site. (2) In this Division, a reference to a strategic foreshore site includes a reference to the whole of a structure, including a wharf, that is— (a) located partly on land in a strategic foreshore site and partly on waters adjoining the site, and (b) related to the strategic foreshore site. (3) This Division does not apply to— (a) land reserved or acquired under the National Parks and Wildlife Act 1974 or waterfront land that abuts, and is managed in the same way as, that land, or (b) unless the Minister directs otherwise—the City Foreshores Area or Garden Island, as identified on the Strategic Foreshore Sites Map s 6.45: Ins 2022 (629), Sch 1[1]. 6.46 Development to which Division does not apply (1) This Division does not apply to the following development— (a) the change of use of an existing building to another use, (b) the extension or other variation of operating or trading hours, (c) the temporary use of an existing building for 2 years or less, (d) structural or non-structural alterations to the interior of an existing building, (e) minor structural or non-structural alterations to the exterior of an existing building, (f) the erection or installation of a line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure or work in connection with a telecommunications network, other than a structure that, when erected or installed, would be visible from a natural waterbody, (g) the erection or installation of an awning or canopy, (h) the erection of a temporary structure for a period of not more than 60 days, whether consecutive or not, in a period of 12 months, (i) the provision and use of outdoor seating, tables or street furniture, including benches, bollards, public artwork installations, street lights, telephone kiosks and tree surrounds, on a footpath or in a plaza or other public place, (j) the use of the public domain for temporary purposes, including the conduct of a festival, performance or promotion or the exhibition of artworks, for a period of not more than 30 days, whether consecutive or not, in a period of 12 months, (k) the construction of an access way for pedestrians or vehicles and associated works, (l) the erection, installation or display of signage, other than— (i) an advertising structure, or (ii) signage that would be visible from a natural waterbody when erected, installed or displayed, (m) the strata subdivision or neighbourhood subdivision of land in relation to a building or work for which a development consent is in force, except where the land forms part of the public domain or is situated over water, (n) the demolition of a building or structure other than— (i) a heritage item, or (ii) a building or structure identified as a heritage item or an item of environmental heritage in an environmental planning instrument or a heritage study prepared by or on behalf of a consent authority, (o) the demolition of a structure, the erection of which is development to which this Division does not apply, other than demolition associated with a project that was approved under the Act, Part 3A before its repeal, or granted after its repeal under the Act, Schedule 6A or the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2. (2) In this section— existing building does not include an existing temporary structure. neighbourhood subdivision means subdivision by the following, within the meaning of the Community Land Development Act 2021 — (a) a neighbourhood plan, (b) a neighbourhood plan of consolidation, (c) a neighbourhood plan of subdivision. strata subdivision means subdivision by the following, within the meaning of the Strata Schemes Development Act 2015 — (a) a strata plan, (b) a strata plan of consolidation, (c) a strata plan of subdivision. s 6.46: Ins 2022 (629), Sch 1[1]. 6.47 Master plans (1) A master plan for a strategic foreshore site must illustrate and explain, as appropriate, proposals for the following— (a) design principles drawn from an analysis of the site and its context, (b) phasing of development, (c) the distribution of land uses, including foreshore public access and open space, (d) pedestrian, cycle and motor vehicle access and circulation networks, (e) provision for parking, (f) provision for infrastructure, (g) building envelopes and built form controls, (h) heritage conservation, including the implementation of heritage management documents or applicable publicly available policies, (i) remediation of the site, (j) provision of public facilities, (k) provision of open space, including the function and landscaping of the space, (l) any impact on adjoining land reserved or acquired under the National Parks and Wildlife Act 1974 and measures to be taken in relation to the impact, (m) the protection and enhancement of the natural assets of the site and land adjoining the site, (n) the protection and enhancement of natural waterbodies and aquatic ecology on or adjoining the site. (2) A master plan may apply to all or part of a strategic foreshore site. (3) A master plan may apply to part of a strategic foreshore site only if the appropriate authority is satisfied the approval of a master plan for the specified part of the site will not compromise the following matters— (a) the water quality and river flows of natural waterbodies and ground water, (b) ecological connectivity and aquatic ecology, (c) the maintenance and restoration of the natural assets, vantage points and visual qualities of Sydney Harbour, (d) the achievement of the targets set out in Water Quality and River Flow Interim Environmental Objectives: Guidelines for Water Management: Sydney Harbour and Parramatta River Catchment published in 1999 by the Environment Protection Authority, (e) the achievement of the targets set out in the Sydney Harbour Catchment Blueprint published in 2003 by the Department of Land and Water Conservation, (f) the functioning of natural drainage systems on floodplains, (g) existing measures to rehabilitate land and prevent land degradation, (h) the avoidance or minimisation of acid sulfate soil disturbance, (i) public access to foreshores and waterways, (j) the operation of the Foreshores and Waterways Area for industrial and commercial purposes, (k) existing public transport operations and boating facilities, (l) existing protections for heritage items. s 6.47: Ins 2022 (629), Sch 1[1]. 6.48 Preparation of draft master plans (1) A draft master plan for a strategic foreshore site may be prepared by or on behalf of the following— (a) the owner or lessee of the land to which the master plan will apply, (b) the council of the local government area that includes, or is nearest to, the strategic foreshore site (the relevant council ), (c) the Planning Secretary. (2) The following must be consulted during preparation of a draft master plan— (a) the owner or lessee of the land to which the master plan will apply, (b) the relevant council, (c) the Minister, if the master plan— (i) is for a strategic foreshore site located partly or wholly outside a local government area or for which the Minister is the appropriate authority, or (ii) applies only to part of a strategic foreshore site. (3) A draft master plan must be published on the NSW planning portal for at least 21 days before it is approved by the appropriate authority (the exhibition period ). (4) At the beginning of the exhibition period, notice of the draft master plan must be given to the following— (a) the relevant council, (b) the Planning Secretary, (c) public authorities and community organisations the appropriate authority considers relevant to the strategic foreshore site or development on the site. s 6.48: Ins 2022 (629), Sch 1[1]. 6.49 Approval and amendment of master plans (1) Before approving a master plan, the appropriate authority must consider written submissions received during the exhibition period under section 6.48. (2) A master plan approved by the appropriate authority— (a) must be published on the NSW planning portal, and (b) takes effect on the day of the publication. (3) A master plan may be amended by another master plan. (4) An amendment to a master plan may be dealt with concurrently with a development application. s 6.49: Ins 2022 (629), Sch 1[1]. 6.50 Consideration of master plan (1) Development consent must not be granted to development on a strategic foreshore site unless— (a) a master plan has been approved for the strategic foreshore site or for the part of the strategic foreshore site on which the development will be carried out, and (b) the consent authority has considered the master plan. (2) The Minister may determine subsection (1) does not apply to specified development if the Minister is satisfied a master plan is unnecessary because of— (a) the nature of the development, or (b) the fact that the development will affect only a small portion of the relevant strategic foreshore site, having regard to the overall size of the site, or (c) the adequacy of other planning controls applying to the development, or (d) another reason the Minister considers sufficient. (3) The Minister must not make the determination unless the Minister is satisfied the development will not compromise the matters specified in section 6.47(3). (4) If the Minister makes a determination and is not the consent authority for the development, the Minister must give written notice of the determination to the consent authority. s 6.50: Ins 2022 (629), Sch 1[1].