State Environmental Planning Policy (Biodiversity and Conservation) 2021

(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.