Changes commencing March 6th, 2026
Comparing the consolidation as at March 7th, 2025 with March 6th, 2026 · 112 changes
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 for one or more of the following purposes, including development carried out wholly or partly inside a local government area— 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 Note— See the Local Government Act 1993 , section 205 in relation to the foreshore land taken to be included in a local government area. (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, (b) development carried out below the mean high water mark for the purposes of one or more of the following— Boat building and repair facilities; Boat launching ramps; Boat sheds; Marinas; Public water recreational facilities; Reclamation works; Swimming pools; Water-based restaurants and entertainment facilities; Waterfront access stairs; Wharf or boating facilities that are sea walls (c) development carried out wholly or partly inside the zoned waterway, including development carried out below the mean high water mark, for the purposes of one or more of the following— Car parks; Commercial premises; 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). s 6.25: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[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].
Based on content from the New South Wales Legislation website sourced at 2026-03-06. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
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