State Environmental Planning Policy (Biodiversity and Conservation) 2021

(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