State Environmental Planning Policy (Biodiversity and Conservation) 2021

Dictionary for Chapter 6 section 6.2 sch 6, hdg: Am 2022 (248), Sch 2[6]. Subst 2022 (629), Sch 1[2]. Aboriginal place of heritage significance means— (a) an area of land that is the site of 1 or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people, being an area that may, but need not, include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or (b) an area of land that is a natural Aboriginal sacred site or other sacred feature, being an area that includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance, or (c) a place described as an Aboriginal place of heritage significance in an inventory kept by the Department, including an inventory kept by the Department under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 before its repeal. above-water boat lift means a device used for lifting or steering a vessel out of water to store the vessel above water, but does not include a device that forms part of a commercial marina. aid to navigation means a buoy, sign, light or other structure, whether located wholly on land, wholly on the zoned waterway or partly on land and partly on the zoned waterway, that is designed to assist the safe and efficient movement of vessels on the zoned waterway. appropriate authority , for Part 6.3, Division 5—see section 6.44. aquatic ecology means the interaction between organisms and the biotic and abiotic components of a waterway. aquatic reserve has the same meaning as in the Marine Estate Management Act 2014 . aviation facility means an area of the zoned waterway set aside, or a structure provided, for the purposes of aircraft landing or taking off. boat building and repair facility means a facility, including a building or other structure, used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a commercial marina or boat shed. boat launching ramp means a structure, designed primarily for the launching of trailer-borne recreational vessels, that is generally available for public use, and includes associated car parking facilities. boat lift means a device used for lifting or steering a vessel out of water, but does not include an above-water boat lift or a device that forms part of a boat building and repair facility or a commercial marina. boat storage facility includes— (a) a commercial marina, and (b) a boat shed, and (c) a floating boat platform, and (d) a boat building and repair facility that includes the storage of boats. charter and tourism boating facility means a facility, including a building or other structure, used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a commercial marina. commercial marina means a marina within the meaning of the Standard Instrument, other than a private marina. commercial port facility means a structure— (a) used in connection with the carrying of goods or persons by water from 1 port to another for business or commercial purposes, and (b) with a direct structural connection between the foreshore and the zoned waterway. demolish , in relation to an item, means wholly or partly destroy, dismantle or deface the item. dredging means the removal of material from the sea, harbour bed or bed of a river for the purposes of constructing a new or deeper navigational area or channel or reopening a discontinued navigational area or channel, but does not include intertidal dredging or maintenance dredging. ecological community has the same meaning as in the Biodiversity Conservation Act 2016 . floating boat platform — (a) means a portable floating platform that— (i) is constructed from lightweight materials, and (ii) does not have a roof, and (iii) is secured to a mooring pen or private landing facility, and (iv) is used to store, above the water line, a single vessel not more than 6m in length, and (b) does not include a private marina. flood liable land , for Part 6.2—see section 6.5. flora and fauna enclosure means a net or other structure used for the purposes of protecting or encouraging the growth of flora and fauna, including a structure used for the observation of flora and fauna or for the maintenance of the net or other structure. foreshore includes land with a water frontage and land that is separated from the waterfront by a public reserve, road or open space. Foreshores and Waterways Area means the area identified as the Foreshores and Waterways Area on the Foreshores and Waterways Area Map . Foreshores and Waterways Area Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Foreshores and Waterways Area Map . general restoration works means works carried out for the purposes of restoring or enhancing the natural values of a foreshore or waterway. Georges River Catchment means the water catchment identified as the Georges River Catchment on the Georges River Catchment Map . Georges River Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Georges River Catchment Map . Hawkesbury-Nepean Catchment means the water catchment identified as the Hawkesbury-Nepean Catchment on the Hawkesbury-Nepean Catchment Map . Hawkesbury-Nepean Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Hawkesbury-Nepean Catchment Map . Hawkesbury-Nepean conservation area sub-catchment means the following sub-catchments identified on the Hawkesbury-Nepean Catchment Map — (a) the Colo River sub-catchment, (b) the Glenbrook and Erskine Creek sub-catchment, (c) the Grose River sub-catchment, (d) the Macdonald River sub-catchment, (e) the Webbs Creek sub-catchment. heritage development , for Part 6.4—see section 6.52. heritage item means— (a) a building, work, archaeological site or other site or place described in Schedule 5 and identified on the Heritage Map , and (b) an Aboriginal place of heritage significance. Heritage Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Heritage Map . houseboat means a vessel or structure that floats on, or is fixed in, the zoned waterway and is used for the purposes of providing permanent residential accommodation. intertidal dredging means the removal of material from the sea, harbour bed or bed of a river in the intertidal zone, but does not include maintenance dredging. intertidal zone means the area between— (a) the zero tide, namely the water mark corresponding to a tide measuring zero on the Fort Denison Tide Gauge, or -0.925m Australian Height Datum, and (b) the highest astronomical tide, namely the water mark corresponding to a tide measuring 2.1m above zero on the Fort Denison Tide Gauge, or 1.175m Australian Height Datum. local government area means an area within the meaning of the Local Government Act 1993 . maintenance dredging means removal of material from the sea, harbour bed or bed of a river for the purposes of maintaining the previously established harbour or river depth. manufactured home estate has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Schedule 7. master plan , for Part 6.3, Division 5—see section 6.44. mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore and is taken, for Part 6.3, to be 1.48m above zero on the Fort Denison Tide Gauge or 0.555m Australian Height Datum. mooring pen means a mooring pen within the meaning of the Standard Instrument that is used for the purposes of the permanent berthing of a vessel. naval activities means activities carried out by or on behalf of the Royal Australian Navy within the meaning of the Defence Act 1903 of the Commonwealth, section 18. NorBE Guideline , for Part 6.5—see section 6.59. NorBE Tool , for Part 6.5—see section 6.59. private landing facility means a structure, including a wharf, jetty or pontoon, that is used to enable passengers to embark or disembark a vessel or to load or unload goods and is not generally available for public use, but does not include a facility associated with a commercial or private marina. private landing steps means steps that are used for launching and retrieving vessels and are not generally available for public use, but does not include private landing facilities or a facility associated with a commercial or private marina. private marina means an apparatus or structure located on or in a waterway that— (a) is used for restraining 2 or more vessels, and (b) is privately owned and not available for public use. private swimming enclosure means a net or other structure, other than a public water recreational facility, that is placed in the zoned waterway for the purposes of providing a protected swimming area and is not available for public use. public boardwalk means a decked structure, supported by piers or piles, providing public pedestrian access extending over or beyond the intertidal zone, but does not include a structure intended to provide direct access to a vessel. public water recreational facility means a waterfront structure primarily used for public recreation and may include a pier, wharf or boat launching ramp. public water transport facility means a structure used primarily in connection with transporting the public by water. reclamation work means work involving— (a) the filling or draining of submerged land for the purposes of reclaiming the land, or (b) the filling of submerged land for the purposes of supporting a building or structure, including a bridge, being erected over the land. recreational or club facility means a building or place used exclusively for sporting or leisure activities, whether operated for gain or not. regulated catchment means the following— (a) the Sydney Drinking Water Catchment, (b) the Sydney Harbour Catchment, (c) the Georges River Catchment, (d) the Hawkesbury-Nepean Catchment. Regulatory Authority , for Part 6.5—see section 6.59. riparian vegetation , for Part 6.2—see section 6.5. Riverine Scenic Area means an area identified on the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Hawkesbury-Nepean Riverine Scenic Area Map as— (a) an area of local significance, or (b) an area of regional significance, or (c) an area of significance beyond the region. Rocky Foreshores and Significant Seagrasses Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Rocky Foreshores and Significant Seagrasses Map . seabed clearance means the distance to the seabed from the underside of a floating boat platform. seagrass has the same meaning as in the Fisheries Management Act 1994 , section 205. short-term rental accommodation has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 6. single mooring means an apparatus or structure located on or in the zoned waterway and designed, constructed or used for restraining a single vessel, but does not include a mooring pen or a facility associated with a commercial marina. skid means an inclined ramp used for the manual launching of small craft, but does not include a slipway. slipway means a structure, usually in the form of 2 supported parallel rails on which a wheeled cradle is run, to draw a vessel out of the water for maintenance and repair, other than a structure that forms part of a boat building and repair facility or a commercial marina. Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map . Standard Instrument means the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 . strategic foreshore site , for Part 6.3, Division 5—see section 6.44. Strategic Foreshore Sites Map , for Part 6.3, Division 5—see section 6.44. Sydney Drinking Water Catchment or Sydney drinking water catchment means the water catchment declared by section 6.60. Sydney Harbour Catchment means the water catchment identified as the Sydney Harbour Catchment on the Sydney Harbour Catchment Map . Sydney Harbour Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Catchment Map . tourist facility means a building or place, including a hotel or motel but not including a caravan park, that is used by tourists or holiday-makers for the purposes of holiday accommodation, sport or recreation, and includes— (a) shops attached to or incorporated within the building or located at the place, and (b) other facilities serving the needs of tourists and holiday-makers using the building or place. TfNSW means Transport for NSW constituted under the Transport Administration Act 1988 . view includes a night view. water-based restaurant and entertainment facility means a vessel or structure that— (a) floats on, or is fixed in, the zoned waterway, and (b) is used as a club or restaurant or for entertainment on a commercial basis, and (c) has a direct structural connection between the foreshore and the zoned waterway. waterfront access stairs means stairs or a ramp used for pedestrian access to the foreshore, but does not include stairs or a ramp used for launching vessels or for providing direct access to a vessel on the zoned waterway. zoned waterway means the part of the Foreshores and Waterways Area in Zone 1, 2, 3, 4, 5, 6, 7, 8 or 9. sch 6: Subst 2022 (629), Sch 1[2]. Am 2023 (458), Sch 3.1[2]; 2026 (79), Sch 1[51]–[56].