Division 3 changed — commencement status not recorded | NSW Amendments Register
Division 3 — Development in Foreshores and Waterways Areamajor
Division 3 changed — commencement status not recorded
Chapter 6 > Part 6.3 > Division 3
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This change appears in the consolidated text, but the register has not independently confirmed when it took legal effect. Check the official commencement history before relying on the date.
Compared consolidations: March 7th, 2025 → March 6th, 2026. The later date is a consolidation date, not a substitute for the commencement record above.
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Exact text — Division 3 — Development in Foreshores and Waterways Area
Comparing the consolidation as at March 7th, 2025 with March 6th, 2026 · 112 changes
Earlier · as at March 7th, 2025
Later · as at March 6th, 2026
Earlier · as at March 7th, 2025
Chapter 6 > Part 6.3 > Division 3
Division 3 Development in Foreshores and Waterways Area
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 andenhance 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 notcause 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]. 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) if a mooring pen is for the permanent berthing of a vessel—the development will be carried out in a location suitable for the berthing, 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]. 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 Marinasin Zone 1 Development consent must not be granted to development for the purposes of marinas on land in Zone 1 unless the consent authority is satisfied access between the marinasand 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]. 6.38 Marinasand 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 marinas and boat building and repair facilities by retaining their sites 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 their use. (2) Despite any other provision of this Part, development for the purposes of 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 (Marinas and Boat Building and Repair Facilities) Map . (3) In this section, a reference to a marina does not include a reference to a private marina. s 6.38: Ins 2022 (629), Sch 1[1]. 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].
Later · as at March 6th, 2026
Chapter 6 > Part 6.3 > Division 3
Division 3 Development in Foreshores and Waterways Area
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
Based on content from the New South Wales Legislation website sourced at 2026-06-30. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
,
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].