State Environmental Planning Policy (Biodiversity and Conservation) 2021

Maps Note. The maps adopted by this Chapter are to be deposited in the head office of the Department of Planning, Industry and Environment and made available for public access.

(1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the environmental planning instruments when the instruments are made.

Public exhibition of draft koala plans of management Following the preparation of a draft koala plan of management, the council— (a) must publicly exhibit the draft koala plan of management for a minimum period of 90 days, and (b) must give public notice on the council’s website and in a local newspaper of the places, dates and times for inspection of the draft koala plan of management, and (c) must publicly exhibit a copy of the draft koala plan of management at the places, on the dates and during the times set out in the notice, and (d) must serve notice of the places, dates and times for inspection of the draft koala plan of management on landholders whose land is identified under clause 12(4) in the draft koala plan of management— (i) by post, or (ii) by email to an email address specified by the landholder for the service of notices by the council, and (e) must specify, in the notices referred to in paragraphs (b) and (d), the period during which submissions about the draft koala plan of management may be made to the council (which must include the period during which the draft koala plan of management is being publicly exhibited).

Objectives of this Chapter The objectives of this Chapter are— (a) to ensure that appropriate consideration is given to development with the potential to adversely affect the riverine environment of the River Murray, and (b) to establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray, and (c) to conserve and promote the better management of the natural and cultural heritage values of the riverine environment of the River Murray. Note. Further information about the objectives of this Chapter and how it operates may be obtained from information included with the copy of this Chapter published by the Department of Planning.

Where this Chapter applies This Chapter applies to the land shown on the map, that is the riverine land of the River Murray within the City of Albury and the areas of Balranald, Berrigan, Conargo, Corowa, Deniliquin, Hume, Murray, Wakool, Wentworth and Windouran.

(1) This Chapter— (a) replaces Murray Regional Environmental Plan No 1—Murray River Riparian Land (which is accordingly repealed).

(3) If this Chapter is inconsistent with another regional environmental plan or a local environmental plan, then this Chapter prevails to the extent of the inconsistency.

(1) The Dictionary at the end of this Chapter defines words and expressions used in this Chapter.

(2) In this Chapter— development means both development requiring consent and development not requiring consent. Murray River means the waters of the main channel of the Murray River and its bed and banks. River Murray means the Murray River, the waters and the bed and banks of its tributaries and associated water bodies (including related anabranches, creeks, lagoons, lakes, billabongs and wetlands), as shown on the map.

Specific principles When this Part applies, the following must be taken into account— Access * The waterway and much of the foreshore of the River Murray is a public resource. Alienation or obstruction of this resource by or for private purposes should not be supported. * Development along the main channel of the River Murray should be for public purposes. Moorings in the main channel should be for the purposes of short stay occupation only. * Human and stock access to the River Murray should be managed to minimise the adverse impacts of uncontrolled access on the stability of the bank and vegetation growth. Bank disturbance * Disturbance to the shape of the bank and riparian vegetation should be kept to a minimum in any development of riverfront land. Flooding * Where land is subject to inundation by floodwater— (a) the benefits to riverine ecosystems of periodic flooding, (b) the hazard risks involved in developing that land, (c) the redistributive effect of the proposed development on floodwater, (d) the availability of other suitable land in the locality not liable to flooding, (e) the availability of flood free access for essential facilities and services, (f) the pollution threat represented by any development in the event of a flood, (g) the cumulative effect of the proposed development on the behaviour of floodwater, and (h) the cost of providing emergency services and replacing infrastructure in the event of a flood. * Flood mitigation works constructed to protect new urban development should be designed and maintained to meet the technical specifications of the Department of Water Resources. Land degradation * Development should seek to avoid land degradation processes such as erosion, native vegetation decline, pollution of ground or surface water, groundwater accession, salination and soil acidity, and adverse effects on the quality of terrestrial and aquatic habitats. Landscape * Measures should be taken to protect and enhance the riverine landscape by maintaining native vegetation along the riverbank and adjacent land, rehabilitating degraded sites and stabilising and revegetating riverbanks with appropriate species. River related uses * Only development which has a demonstrated, essential relationship with the river Murray should be located in or on land adjacent to the River Murray. Other development should be set well back from the bank of the River Murray. * Development which would intensify the use of riverside land should provide public access to the foreshore. Settlement * New or expanding settlements (including rural-residential subdivision, tourism and recreational development) should be located— (a) on flood free land, (b) close to existing services and facilities, and (c) on land that does not compromise the potential of prime crop and pasture land to produce food or fibre. Water quality * All decisions affecting the use or management of riverine land should seek to reduce pollution caused by salts and nutrients entering the River Murray and otherwise improve the quality of water in the River Murray. Wetlands * Wetlands are a natural resource which have ecological, recreational, economic, flood storage and nutrient and pollutant filtering values. Land use and management decisions affecting wetlands should— (a) provide for a hydrological regime appropriate for the maintenance or restoration of the productive capacity of the wetland, (b) consider the potential impact of surrounding land uses and incorporate measures such as a vegetated buffer which mitigate against any adverse effects, (c) control human and animal access, and (d) conserve native plants and animals. Note. The above principles will also be relevant for determining authorities when they carry out their environmental assessment functions under Part 5 of the Act for activities which may impact on the River Murray.

(1) Consultation is required for development in the circumstances set out in this section. Further consultation requirements are included in the Planning Control and Consultation Table (section 5.12). (a) Where development is contrary to the aims, objectives or principles of this Chapter and may have a significant environmental effect along the Murray River—the P&D (Vic), C&NR (Vic) and the adjacent local Council in Victoria must be consulted. (b) Where development may affect boating safety—Transport for NSW must be consulted.

(3) Consultation is not required under this Chapter where a River Management Plan identifies work as being of a minor or routine nature. Note. River Management Plan is defined in the Dictionary. Clause 46 of the Murray-Darling Basin Agreement 1992 requires matters, which may significantly affect the flow, use and control of water in the River Murray, to be referred to the Murray-Darling Basin Commission. The Commission should be notified when consents or approvals are granted for development where any consultation has taken place under this Chapter.

Planning Control and Consultation Table s 5.12: Am 2023 (609), Sch 2.16[1] [2].

Planning control— * Council consent (except work by or for DWR or RWC (Vic)).

CANAL DEVELOPMENT Note. A direction under section 101 of the Act requires applications for consent to private canal development to be referred to the Minister for Planning for determination.

DESNAGGING OPERATIONS (INCLUDING SNAG MAINTENANCE) Note. An MDBC approved program is a component of broader management plans of the MDBC to fulfil its responsibility for the conservation and protection of the aquatic and riverine environment of the River Murray. Such a program is developed and approved through an interstate committee convened by the MDBC and comprised of representatives from relevant agencies in each State, including consultation with fisheries agencies.

Definition— Any work to move or remove either trees or woody debris from the water of the River Murray, other than work which is part of an MDBC approved program.

DESTRUCTION OF NATIVE VEGETATION Note. Although the destruction of vegetation on protected land ( Soil Conservation Act 1938 ), Crown timber land ( Forestry Act 1916 ) or in the Western Division ( Western Lands Act 1901 ) is exempt from the requirement to obtain development consent, approval may still be required from the organisation administering the relevant legislation for the damage or destruction of ANY vegetation. For protected land and land within the Western Division, approval may be needed from the Department of Planning, Industry and Environment. The destruction of vegetation on Crown timber land may require an approval from the Forestry Commission. For controls on destruction of native vegetation in wetlands, see item 30 of this Table.

Definition— The clearing, logging, removal or damaging of any species of trees and shrubs that are indigenous to the River Murray floodplain and that are on land shown on the map as native vegetation.

Planning control— Council consent, unless it constitutes any of the following forms of vegetation destruction— (a) destruction of native vegetation on protected land as defined under the Soil Conservation Act 1938 , (b) destruction of native vegetation in the Western Division (i.e. where Schedule 3 to the Crown Land Management Act 2016 applies), (c) destruction of native vegetation on Crown timber land which is Crown land greater than 2 hectares in size supporting merchantable timber, (d) destruction of vegetation in accordance with forestry operations duly authorised by the Forestry Commission, (e) destruction of native vegetation undertaken in accordance with a Vegetation Management Plan for the land, Note. A Vegetation Management Plan for land within the area of a council should be made available for public inspection at the office of the council. (f) destruction of native vegetation that is unavoidable in the destruction of noxious plants provided that the way in which the noxious plants are destroyed does not involve disturbance of the soil, (g) destruction of native vegetation for the purpose of maintenance of access tracks, fences, domestic and farm buildings, and corridors for existing utilities, (h) lopping or pruning of native vegetation for use as fodder in times of declared drought or after flood or fire, (i) destruction of native vegetation within 3 metres of a property boundary provided the adjoining property is owned by a different person and the vegetation destruction is required to build or maintain a fence, (j) destruction of native vegetation within 0.5 metres of a property boundary where the vegetation destruction is required to enable a survey to be carried out by a registered surveyor.

Planning control— * Council consent (except work by or for DWR or RWC (Vic)).

INTENSIVE LIVESTOCK KEEPING Note. Schedule 3 of the EPA Regulation 1980 requires the preparation of an environmental impact statement for some forms of intensive livestock keeping. Refer also to State Environmental Planning Policy No 30—Cattle Feedlots and to DoP Circular No 23.

Planning control— * Prohibited on flood liable land. * Council consent elsewhere. Note. Refer to State Environmental Planning Policy No 36—Manufactured Home Estates .

SINGLE MOORING Note. This development may require an occupation licence issued by the MSB and may also require a lease issued by the Department of Planning, Industry and Environment.

STORMWATER DRAINAGE SCHEME Note. The suitability of treatment measures will depend on the characteristics of the individual catchments but may include one or more of the following— • artificial wetlands, • detention basins, • grassed drainage lines and table drains, • trash racks, • booms. Early contact with EPA should help identify the stormwater measures appropriate to the circumstances.

Definition— Filling, dredging, draining or destruction of native vegetation on land shown on the map as “wetlands”. Note. The land forms a shallow water body when inundated cyclically, intermittently or permanently. The type of inundation determines the type and productivity of soils, plant and animal communities.

Planning control— * Council consent. Consent is not required to the following forms of destruction of native vegetation— (a) destruction of native vegetation on protected land as defined under the Soil Conservation Act 1938 , (b) destruction of native vegetation in the Western Division (i.e. where Schedule 3 to the Crown Land Management Act 2016 applies), (c) destruction of native vegetation on Crown timber land which is Crown land greater than 2 hectares in size supporting merchantable timber, (d) destruction of vegetation in accordance with forestry operations duly authorised by the Forestry Commission, (e) destruction of native vegetation undertaken in accordance with a Vegetation Management Plan for the land, Note. A Vegetation Management Plan for land within the area of a council should be made available for public inspection at the office of the council. (f) destruction of native vegetation that is unavoidable in the destruction of noxious plants provided that the way in which the noxious plants are destroyed does not involve disturbance of the soil, (g) destruction of native vegetation within 3 metres of a property boundary provided the adjoining property is owned by a different person and the vegetation destruction is required to build or maintain a fence, (h) destruction of native vegetation within 0.5 metres of a property boundary where the vegetation destruction is required to enable a survey to be carried out by a registered surveyor.

Definition— Subdivision of land shown on the map as “wetlands”.

Water catchments ch 6: Subst 2022 (629), Sch 1[1]. Part 6.1 Preliminary pt 6.1: Ins 2022 (629), Sch 1[1]. 6.1 Land to which Chapter applies This Chapter applies to land in the following catchments— (a) the Sydney Drinking Water Catchment, (b) the Sydney Harbour Catchment, (c) the Georges River Catchment, (d) the Hawkesbury-Nepean Catchment. s 6.1: Subst 2022 (629), Sch 1[1]. 6.2 Definitions (1) The Dictionary in Schedule 6 defines words used in this Chapter. (2) A word used in this Chapter has the same meaning as in the Standard Instrument unless otherwise defined in this Chapter. s 6.2: Subst 2022 (629), Sch 1[1]. 6.3 Relationship with other environmental planning instruments (1) Unless the contrary intention expressly appears, this Chapter does not permit the carrying out of development— (a) prohibited by another environmental planning instrument, or (b) if another environmental planning instrument provides that development consent is required for the development—without development consent. Note— An express contrary intention appears in sections 6.40 and 6.41. (2) State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2, other than section 2.80(3), prevails to the extent of an inconsistency with this Chapter. (3) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , clauses 4A.11 and 4A.12 do not apply to development to which this Policy, section 6.43 applies. (4) The Standard Instrument, clause 4.6, as adopted by a local environmental plan, does not apply to a development standard imposed by this Policy, Part 6.5. (5) This Chapter otherwise— (a) prevails to the extent of an inconsistency with another environmental planning instrument, whether made before or after the commencement of this Chapter, and (b) supplements, and does not derogate from, another environmental planning instrument applying to land to which this Chapter applies. (6) In this section, a reference to another environmental planning instrument includes a reference to another Chapter of this Policy. s 6.3: Subst 2022 (629), Sch 1[1]. Am 2022 (767), Sch 1[1]. 6.4 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the environmental planning instruments when the instruments are made. (2) Two or more named maps may be combined into a single map. (3) If 2 or more named maps are combined into a single map, a reference in this Chapter to 1 of the named maps is a reference to the relevant part or aspect of the single map. (4) The maps adopted by this Chapter are to be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister. s 6.4: Subst 2022 (629), Sch 1[1]. Part 6.2 Development in regulated catchments pt 6.2: Ins 2022 (629), Sch 1[1]. Division 1 Preliminary pt 6.2, div 1: Ins 2022 (629), Sch 1[1]. 6.5 Definitions In this Part— flood liable land means land— (a) susceptible to flooding by the probable maximum flood event, identified in accordance with the principles set out in the Flood Risk Management Manual, or (b) identified in an environmental planning instrument as flood liable land. Flood Risk Management Manual means the Flood Risk Management Manual , ISBN 978-1-923076-17-4 , published by the NSW Government in June 2023. riparian vegetation means hydrophilic vegetation, including submerged, emerging and fringing vegetation, that is within a waterway or the floodplain of a waterway. s 6.5: Subst 2022 (629), Sch 1[1]. Am 2023 (609), Sch 2.16[4] [5]. Division 2 Controls on development generally pt 6.2, div 2: Ins 2022 (629), Sch 1[1]. 6.6 Water quality and quantity (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a neutral or beneficial effect on the quality of water entering a waterway, (b) whether the development will have an adverse impact on water flow in a natural waterbody, (c) whether the development will increase the amount of stormwater run-off from a site, (d) whether the development will incorporate on-site stormwater retention, infiltration or reuse, (e) the impact of the development on the level and quality of the water table, (f) the cumulative environmental impact of the development on the regulated catchment, (g) whether the development makes adequate provision to protect the quality and quantity of ground water. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied the development ensures— (a) the effect on the quality of water entering a natural waterbody will be as close as possible to neutral or beneficial, and (b) the impact on water flow in a natural waterbody will be minimised. (3) Subsections (1)(a) and (2)(a) do not apply to development on land in the Sydney Drinking Water Catchment. Note— Part 6.5 contains provisions requiring development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.6: Subst 2022 (629), Sch 1[1]. 6.7 Aquatic ecology (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation, (b) whether the development involves the clearing of riparian vegetation and, if so, whether the development will require— (i) a controlled activity approval under the Water Management Act 2000 , or (ii) a permit under the Fisheries Management Act 1994 , (c) whether the development will minimise or avoid— (i) the erosion of land abutting a natural waterbody, or (ii) the sedimentation of a natural waterbody, (d) whether the development will have an adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area, (e) whether the development includes adequate safeguards and rehabilitation measures to protect aquatic ecology, (f) if the development site adjoins a natural waterbody—whether additional measures are required to ensure a neutral or beneficial effect on the water quality of the waterbody. Example— Additional measures may include the incorporation of a vegetated buffer between the waterbody and the site. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation will be kept to the minimum necessary for the carrying out of the development, (b) the development will not have a direct, indirect or cumulative adverse impact on aquatic reserves, (c) if a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994 is required in relation to the clearing of riparian vegetation—the approval or permit has been obtained, (d) the erosion of land abutting a natural waterbody or the sedimentation of a natural waterbody will be minimised, (e) the adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area will be minimised. (3) In this section— coastal wetlands and littoral rainforests area has the same meaning as in the Coastal Management Act 2016 , section 6. s 6.7: Subst 2022 (629), Sch 1[1]. 6.8 Flooding (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the likely impact of the development on periodic flooding that benefits wetlands and other riverine ecosystems. (2) Development consent must not be granted to development on flood liable land in a regulated catchment unless the consent authority is satisfied the development will not— (a) if there is a flood, result in a release of pollutants that may have an adverse impact on the water quality of a natural waterbody, or (b) have an adverse impact on the natural recession of floodwaters into wetlands and other riverine ecosystems. s 6.8: Subst 2022 (629), Sch 1[1]. 6.9 Recreation and public access (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider— (a) the likely impact of the development on recreational land uses in the regulated catchment, and (b) whether the development will maintain or improve public access to and around foreshores without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the development will maintain or improve public access to and from natural waterbodies for recreational purposes, including fishing, swimming and boating, without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation, (b) new or existing points of public access between natural waterbodies and the site of the development will be stable and safe, (c) if land forming part of the foreshore of a natural waterbody will be made available for public access as a result of the development but is not in public ownership—public access to and use of the land will be safeguarded. (3) This section does not apply to development on land in a regulated catchment if the land is in a special area under the Water NSW Act 2014 . s 6.9: Subst 2022 (629), Sch 1[1]. 6.10 Total catchment management In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consult with the council of each adjacent or downstream local government area on which the development is likely to have an adverse environmental impact. s 6.10: Ins 2022 (629), Sch 1[1]. Division 3 Controls on development in specific areas pt 6.2, div 3: Ins 2022 (629), Sch 1[1]. 6.11 Land within 100m of natural waterbody In deciding whether to grant development consent to development on land within 100m of a natural waterbody in a regulated catchment, the consent authority must consider whether— (a) the land uses proposed for land abutting the natural waterbody are water-dependent uses, and (b) conflicts between land uses are minimised. s 6.11: Ins 2022 (629), Sch 1[1]. 6.12 Riverine Scenic Areas (1) Development in a Riverine Scenic Area may be carried out only with development consent. (2) In deciding whether to grant development consent to development in a Riverine Scenic Area, the consent authority must consider the following— (a) whether the development is likely to damage river banks, (b) whether the development will be adequately set back from natural waterbodies in the Hawkesbury-Nepean Catchment, (c) the visibility of the development from the surrounding natural waterbodies and visual catchment, (d) whether the development will be consistent with the scenic character of the Riverine Scenic Area, as described in the document entitled Hawkesbury-Nepean River Scenic Quality Study , published by the Department of Urban Affairs and Planning in 1996, (e) whether the development will increase public recreational and visual access to natural waterbodies, (f) landscaping, including the following— (i) the form and siting of buildings, (ii) the colours and materials proposed to be used in the buildings, (iii) whether the development includes or retains native vegetation, (g) the appropriateness of imposing a condition requiring the protection of the scenic character of the Riverine Scenic Area. (3) Development consent must not be granted to development in a Riverine Scenic Area unless the consent authority is satisfied the impact of the development on the scenic quality of the Riverine Scenic Area will be minimised. s 6.12: Ins 2022 (629), Sch 1[1]. 6.13 Hawkesbury-Nepean conservation area sub-catchments (1) Development in a Hawkesbury-Nepean conservation area sub-catchment may be carried out only with development consent. (2) In deciding whether to grant development consent to development in a Hawkesbury-Nepean conservation area sub-catchment, the consent authority must consider the following— (a) whether the development will minimise human interference with the condition of the sub-catchment, (b) whether the development will maintain and enhance the structure and floristics of native vegetation in the sub-catchment, (c) whether the development will maintain or enhance the scenic quality of the locality, (d) whether development has previously been carried out on the development site. s 6.13: Ins 2022 (629), Sch 1[1]. 6.14 Temporary use of land in Sydney Harbour Catchment (1) The objective of this section is to provide for the temporary use of land in the Sydney Harbour Catchment if the use does not compromise future development of the land or have detrimental economic, social, amenity or environmental effects on the land. (2) This section applies to land in the Sydney Harbour Catchment. (3) Development consent may be granted to development on land in the Sydney Harbour Catchment for a temporary use for a maximum period of 52 days, whether or not consecutive, in a period of 12 months, even if the development would otherwise be prohibited by this Chapter. (4) Development consent must not be granted unless the consent authority is satisfied of the following— (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Chapter and any other applicable environmental planning instrument, (b) the temporary use will not have an adverse impact on adjoining land or the amenity of the neighbourhood, (c) the temporary use and location of structures related to the use will not have an adverse impact on environmental attributes or features of the land or increase the risk of natural hazards that may affect the land, (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. (5) Development consent may be granted to development for the temporary use of a dwelling as a sales office for a new release area or a new housing estate for a period exceeding the maximum period specified in subsection (3). (6) Subsection (4)(d) does not apply to a temporary use referred to in subsection (5). s 6.14: Ins 2022 (629), Sch 1[1]. Division 4 Controls on development for specific purposes pt 6.2, div 4: Ins 2022 (629), Sch 1[1]. 6.15 Aquaculture In deciding whether to grant development consent to development for the purposes of aquaculture on land in a regulated catchment, the consent authority must consider the following— (a) the likely direct, indirect and cumulative environmental impacts of related activities, including— (i) the coating of fishing accessories with protective finishes, and (ii) the transport and cleaning of cages, racks and other accessories, (b) whether the development includes adequate measures for the disposal of waste, (c) potential adverse environmental impacts from damage to facilities or equipment associated with the development that is caused by flooding, stormwater or erosion. s 6.15: Ins 2022 (629), Sch 1[1]. 6.16 Artificial waterbodies (1) In deciding whether to grant development consent to development for the purposes of artificial waterbodies on land in a regulated catchment, the consent authority must consider the following— (a) the likely impact of the development on other downstream land uses in the regulated catchment, (b) whether the development will enhance the recreational and environmental amenity of the regulated catchment, (c) whether the development will contribute to a propagation zone for noxious aquatic weeds in the regulated catchment, (d) whether the development includes measures to minimise the risk of an increase in algal blooms in the regulated catchment. (2) Development consent must not be granted to development for the purposes of artificial waterbodies on land in a regulated catchment if— (a) a rehabilitation plan is required to be prepared for the development under State Environmental Planning Policy (Resources and Energy) 2021 , section 2.23, and (b) the consent authority is not satisfied the development is consistent with the rehabilitation plan. s 6.16: Ins 2022 (629), Sch 1[1]. 6.17 Heavy and hazardous industries (1) This section applies to— (a) development for the purposes of potentially hazardous industry or potentially offensive industry, and (b) development for the purposes of heavy industrial storage establishments or heavy industries. (2) In deciding whether to grant development consent to development to which this section applies, the consent authority must consider the need for bush fire hazard reduction work on the site. (3) Development consent must not be granted to development to which this section applies unless the consent authority is satisfied— (a) the development includes adequate measures to contain water that is at risk of contamination as a result of the development, and (b) approvals have been obtained, or are obtainable, to undertake bush fire hazard reduction work required on the site. (4) Development for the purposes of heavy industrial storage establishments or heavy industries is prohibited on land in a regulated catchment if the development is carried out— (a) on flood liable land, or (b) within 40m of a natural waterbody or watercourse, or (c) on a floodway. (5) In this section— floodway means an area of a floodplain where a significant discharge of water occurs during floods, which, even if partially blocked, would cause a significant redistribution of flood flow or a significant increase in flood levels. potentially hazardous industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. potentially offensive industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. s 6.17: Ins 2022 (629), Sch 1[1]. 6.18 Marinas In deciding whether to grant development consent to development for the purposes of marinas on land in a regulated catchment, the consent authority must consider the following— (a) whether the development includes adequate measures in relation to the collection, storage, treatment and disposal of sewage and other waste, (b) whether the development complies with the document entitled Environmental Guidelines: Best Management Practice for Marinas and Slipways , published in 1998 by the Environment Protection Authority, (c) whether adequate depth of water exists for the development and related foreshore facilities, (d) whether the development is likely to affect the stability of land adjoining a natural waterbody, (e) whether the development will have an adverse impact on the foreshore or the bed of a natural waterbody. s 6.18: Ins 2022 (629), Sch 1[1]. 6.19 Moorings (1) Development for the purposes of moorings on land in a regulated catchment— (a) may be carried out with development consent, if the development will be carried out in accordance with a permit under the Fisheries Management Act 1994 , and (b) is otherwise prohibited. Note— Development requiring both development consent and a specified permit under the Fisheries Management Act 1994 is integrated development—see the Act, section 4.46. (2) In deciding whether to grant development consent to development for the purposes of moorings on land in a regulated 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 6.19: Ins 2022 (629), Sch 1[1]. 6.20 On-site domestic sewerage systems (1) This section applies to development for the purposes of on-site domestic sewerage systems on land in a regulated catchment. (2) In deciding whether to grant development consent, the consent authority must consider the following— (a) whether the development will be capable of connecting to a sewerage reticulation system, (b) the suitability of the site for on-site disposal of effluent, (c) the capacity of the development to operate without significant adverse long-term impacts on adjoining land. (3) Development consent must not be granted unless the consent authority is satisfied that the development includes adequate measures— (a) to prevent the spread of disease, and (b) to reuse treated resources, and (c) to facilitate the recycling and reuse of treated effluent, and (d) to minimise adverse impacts on the amenity of the development site and other nearby land, and (e) to maintain storage and treatment capacity in wet weather, and (f) to monitor the relevant sewerage system on an ongoing basis. (4) Development consent must not be granted to single household development that is not connected to a sewage reticulation system unless the consent authority is also satisfied that the development complies with the relevant guidelines. (5) In this section— on-site domestic sewerage system means a building, work or place at which effluent is stored, treated or disposed of on-site for domestic purposes. relevant guidelines means the document entitled Environment and Health Protection Guidelines—On-site Sewage Management for Single Households , published by the Department of Local Government, the Department of Land and Water Conservation, the Department of Health and the Environment Protection Authority in 1998. single household development meant development to which this section applies that is associated with residential accommodation consisting of a single dwelling. s 6.20: Ins 2022 (629), Sch 1[1]. 6.21 Stormwater management (1) This section applies to development for the purposes of works, including water recycling facilities, water reticulation systems and water storage facilities, that are designed to collect, channel, store, treat or disperse stormwater runoff. (2) Development to which this section applies may be carried out on land in a regulated catchment— (a) by or on behalf of a public authority—without development consent, or (b) otherwise—with development consent. (3) Despite subsection (2), development to which this section applies is prohibited on land in a regulated catchment if the works will cause untreated stormwater to be disposed of into a natural waterbody. (4) In this section— untreated stormwater means stormwater that has not been subjected to measures designed to reduce litter, suspended soils, nutrients or other substances that contribute to a decline in water quality. s 6.21: Ins 2022 (629), Sch 1[1]. 6.22 Waste or resource management facilities (1) Development for the purposes of waste or resource management facilities is prohibited on flood liable land in the Georges River Catchment. (2) Development consent must not be granted to development for the purposes of waste or resource management facilities on land in a regulated catchment unless the consent authority is satisfied of the following— (a) an adequate site management plan has been prepared in relation to the development, (b) the development includes adequate leachate surface controls, (c) the final landform of the development on the site will be stable in the long term. s 6.22: Ins 2022 (629), Sch 1[1]. 6.23 Demolition on certain land (1) This section applies to land— (a) in a regulated catchment, and (b) to which a local environmental plan that adopts the Standard Instrument does not apply. (2) Development that involves the demolition of a building or work may be carried out only with development consent. s 6.23: Ins 2022 (629), Sch 1[1]. Part 6.3 Foreshores and Waterways Area pt 6.3: Ins 2022 (629), Sch 1[1]. Division 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 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]. Division 2 Zoning of Foreshores and Waterways Area pt 6.3, div 2: Ins 2022 (629), Sch 1[1]. 6.26 Zoning of Foreshores and Waterways Area (1) For this Part, land is in one of the following zones if it is shown within the zone on the Foreshores and Waterways Area Map — Zone 1—Maritime Waters Zone 2—Environment Protection Zone 3—Naval Waters Zone 4—Aviation Zone 5—Water Recreation Zone 6—Scenic Waters—Active Use Zone 7—Scenic Waters—Casual Use Zone 8—Scenic Waters—Passive Use Zone 9—National Parks and Nature Reserves (2) A zone boundary that follows the water’s edge, as shown on the Foreshores and Waterways Area Map , is taken to follow the mean high water mark. (3) This section does not affect the zoning, under another environmental planning instrument, of land in the Foreshores and Waterways Area if the land is not included in a zone under this section. s 6.26: Ins 2022 (629), Sch 1[1]. 6.27 Zone objectives and Land Use Table (1) The Land Use Table at the end of this section specifies the following for each zone— (a) the objectives for development, (b) development that may be carried out without development consent, (c) development that may be carried out only with development consent, (d) development that is prohibited. (2) Development not specified in the Table in relation to a zone may be carried out with development consent in the zone if the consent authority is satisfied that the development— (a) is not inconsistent with the objectives for development in the zone, and (b) is not inconsistent with the provisions of another environmental planning instrument, and (c) will not otherwise have adverse impacts. (3) The consent authority must consider the objectives for development in a zone when determining a development application in relation to land in the zone. Land Use Table Zone 1 Maritime Waters 1 Objectives of zone • To give preference to and protect waters required for the effective and efficient movement of commercial shipping, public water transport and maritime industry operations. • To allow development that is compatible with, and will not adversely affect the effective and efficient movement of, commercial shipping, public water transport and maritime industry operations. • To promote the equitable use of the Foreshores and Waterways Area, including use by passive recreation craft. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Flora and fauna enclosures; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 2 Environment Protection 1 Objectives of zone • To protect the natural and cultural values of waters in the zone. • To prevent damage to, or the possibility of long term adverse impact on, the natural and cultural values of waters in the zone and adjoining foreshores. • To enhance and rehabilitate the natural and cultural values of waters in the zone and adjoining foreshores. • To provide for the long term management of the natural and cultural values of waters in the zone and adjoining foreshores. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Naval activities; Single moorings 3 Permitted with consent Boat launching ramps; Community facilities; Dredging; Flora and fauna enclosures; Maintenance dredging; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 3 Naval Waters 1 Objectives of zone • To ensure effective implementation of the Control of Naval Waters Act 1918 of the Commonwealth. • To restrict development that is incompatible with naval interests. • To allow development that does not jeopardise naval interests. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Uses and activities prohibited under the Control of Naval Waters Act 1918 of the Commonwealth, Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 4 Aviation 1 Objectives of zone • To give preference to and protect waters required for marine aviation activities. • To ensure marine aviation activities safely coexist with other activities and facilities. • To allow development that is compatible with, and will not adversely affect, marine aviation activities. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Marinas; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 5 Water Recreation 1 Objectives of zone • To give preference to and increase public water-dependent development that will promote the enjoyment of, and free access to, the Foreshores and Waterways Area. • To allow development that will enhance public use of waters in the zone and not compromise public use of waters in the zone in the present or future. • To minimise the number, scale and extent of artificial structures, considering the function of the structures. • To allow commercial water-dependent development that— (a) meets a justified demand, and (b) provides benefits to the general and boating public, and (c) results in a visual outcome that is compatible with the planned character of the locality. • To minimise congestion and conflict arising from the use of waters in the zone and the adjoining foreshores. • To protect and preserve beach environments and ensure they are free from artificial structures. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or from areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Community facilities; Dredging; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 6 Scenic Waters—Active Use 1 Objectives of zone • To allow a range of public and private water-dependent development close to shore only if the development— (a) minimises alienation of waters in the zone from public use, and (b) is not constrained by shallow water depth, navigational conflicts or severe wave action. • To minimise the number and extent of structures over waters in the zone through mechanisms, including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. • To minimise the adverse impact on views to and from waters in the zone and on the scenic values of the locality as a result of the size of vessels capable of being accommodated as a result of development in the zone. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Community facilities; Dredging; Floating boat platforms; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Commercial port facilities; Houseboats; Intertidal dredging; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 7 Scenic Waters—Casual Use 1 Objectives of zone • To allow certain water-dependent development close to shore to meet casual boating needs and other water access needs. • To allow development only if the development— (a) achieves a largely open and unobstructed waterway, and (b) does not dominate the landscape setting. • To restrict development for permanent boat storage in locations that are unsuitable due to— (a) the adverse visual impact of the development, or (b) physical constraints, including shallow water depth, severe wave action and unsafe navigation. • To ensure the scale and size of development are appropriate to the locality • To ensure the scale and size of development protect and improve the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone and areas of public access. • To maintain and enhance views to and from waters in the zone. • To minimise the number and extent of structures over waters in the zone through mechanisms including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Floating boat platforms; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Houseboats; Intertidal dredging; Marinas; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 8 Scenic Waters—Passive Use 1 Objectives of zone • To give preference to unimpeded public access along the intertidal zone, the visual continuity and significance of the landform and the ecological value of waters and foreshores. • To restrict development for permanent boat storage and private landing facilities in unsuitable locations. • To allow water-dependent development only if the development— (a) meets a demonstrated demand, and (b) is compatible with the planned character of the locality. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Naval activities; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 9 National Parks and Nature Reserves 1 Objectives of zone • To identify and protect the environmental significance of islands in Sydney Harbour acquired or reserved under the National Parks and Wildlife Act 1974 . • To enable uses of the islands that are authorised under the National Parks and Wildlife Act 1974 . • To facilitate public access to Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island. • To facilitate development on Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island in a way that is compatible with the plan of management prepared under the National Parks and Wildlife Act 1974 in relation to Sydney Harbour National Park. 2 Permitted without consent Aids to navigation; Uses authorised under the National Parks and Wildlife Act 1974 3 Permitted with consent Nil 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Demolition; Dredging; Floating boat platforms; Flora and fauna enclosures; General restoration works; Houseboats; Intertidal dredging; Maintenance dredging; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Reclamation works; Recreational or club facilities; Residential accommodation; Single moorings; Skids; Slipways; Swimming pools; Telecommunications facilities; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs s 6.27: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]. Division 3 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 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 not cause 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 Marinas in 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 marinas 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]. 6.38 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 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]. Division 4 Complying development in Foreshores and Waterways area pt 6.3, div 4: Ins 2022 (629), Sch 1[1]. 6.42 Complying development—floating boat platforms Development for the purposes of floating boat platforms on land in the Foreshores and Waterways Area is complying development if— (a) the floating boat platform will be secured to an existing lawful mooring pen in Zone 6 or 7, and (b) the development complies with the following development standards— (i) a floating boat platform must, at all times, have a minimum seabed clearance of 600mm, without the need for dredging, (ii) a floating boat platform must be located wholly in the mooring pen to which it is secured, (iii) the highest point of a floating boat platform must not be more than 400mm above the water line of the platform when a vessel is berthed on the platform, (iv) a floating boat platform must not include a crane, winch or mechanical device, (v) the development must use neutral or recessive colours, (vi) a floating boat platform must not be located above seagrass or, when being constructed, installed or used, have an adverse impact on seagrass. s 6.42: Ins 2022 (629), Sch 1[1]. 6.43 Complying development—boat sheds, mooring pens, private landing facilities, private landing steps, skids and slipways (1) Maintenance in relation to existing lawful boat sheds, mooring pens, private landing facilities, private landing steps, skids or slipways that are on land in the Foreshores and Waterways Area and are not used for a commercial purpose is complying development if— (a) the maintenance will not be carried out on a heritage item or draft heritage item, and (b) the development complies with the development standards specified in this section. (2) The maintenance must— (a) use materials that are at least equivalent to the quality of the existing approved materials being repaired or replaced, and (b) use recessive colours sympathetic to the existing natural landscape and built form, and (c) satisfy any applicable provisions of AS 4997—2005 , Guidelines for the design of maritime structures , and (d) satisfy any applicable provisions of the Building Code of Australia . (3) If there are no applicable provisions of the Building Code of Australia for subsection (2)(d), the maintenance must— (a) be structurally adequate, and (b) not change the classification of the building under the Building Code of Australia . (4) The maintenance must not— (a) increase the height or site coverage of a building, or (b) result in a pile being left exposed in the zoned waterway, or (c) reduce the amount of light penetration to the water below, or (d) involve disturbance of, or harm to, marine vegetation, an aquatic reserve or the bed of a waterway. (5) Maintenance that involves removing or replacing damaged or degraded piles must also— (a) not cause a deterioration in water quality or dispose of spoil in the waterway, and (b) use silt curtains or similar effective methods to control pollution. (6) Maintenance that involves the repair or replacement of a winch or other device used for lifting a vessel must also not result in a winch or device that is larger in size or capacity than the winch or device being repaired or replaced. (7) In this section— draft heritage item has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . harm , in relation to marine vegetation, has the same meaning as in the Fisheries Management Act 1994 , Part 7A. maintenance means structural repairs, replacement or other maintenance. marine vegetation has the same meaning as in the Fisheries Management Act 1994 . Note— Approvals may be required under the Fisheries Management Act 1994 and the Protection of the Environment Operations Act 1997 . s 6.43: Ins 2022 (629), Sch 1[1]. Division 5 Strategic foreshore sites pt 6.3, div 5: Ins 2022 (629), Sch 1[1]. 6.44 Definitions In this Division— appropriate authority , for a strategic foreshore site, means— (a) if State significant development is proposed to be carried out on the site—the Minister, or (b) otherwise—the council of the local government area that includes, or is nearest to, the strategic foreshore site. master plan means a master plan referred to in section 6.47. strategic foreshore site means a site identified as a strategic foreshore site on the Strategic Foreshore Sites Map . Strategic Foreshore Sites Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Strategic Foreshore Sites Map . s 6.44: Ins 2022 (629), Sch 1[1]. 6.45 Land to which Division applies (1) This Division applies to a strategic foreshore site. (2) In this Division, a reference to a strategic foreshore site includes a reference to the whole of a structure, including a wharf, that is— (a) located partly on land in a strategic foreshore site and partly on waters adjoining the site, and (b) related to the strategic foreshore site. (3) This Division does not apply to— (a) land reserved or acquired under the National Parks and Wildlife Act 1974 or waterfront land that abuts, and is managed in the same way as, that land, or (b) unless the Minister directs otherwise—the City Foreshores Area or Garden Island, as identified on the Strategic Foreshore Sites Map s 6.45: Ins 2022 (629), Sch 1[1]. 6.46 Development to which Division does not apply (1) This Division does not apply to the following development— (a) the change of use of an existing building to another use, (b) the extension or other variation of operating or trading hours, (c) the temporary use of an existing building for 2 years or less, (d) structural or non-structural alterations to the interior of an existing building, (e) minor structural or non-structural alterations to the exterior of an existing building, (f) the erection or installation of a line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure or work in connection with a telecommunications network, other than a structure that, when erected or installed, would be visible from a natural waterbody, (g) the erection or installation of an awning or canopy, (h) the erection of a temporary structure for a period of not more than 60 days, whether consecutive or not, in a period of 12 months, (i) the provision and use of outdoor seating, tables or street furniture, including benches, bollards, public artwork installations, street lights, telephone kiosks and tree surrounds, on a footpath or in a plaza or other public place, (j) the use of the public domain for temporary purposes, including the conduct of a festival, performance or promotion or the exhibition of artworks, for a period of not more than 30 days, whether consecutive or not, in a period of 12 months, (k) the construction of an access way for pedestrians or vehicles and associated works, (l) the erection, installation or display of signage, other than— (i) an advertising structure, or (ii) signage that would be visible from a natural waterbody when erected, installed or displayed, (m) the strata subdivision or neighbourhood subdivision of land in relation to a building or work for which a development consent is in force, except where the land forms part of the public domain or is situated over water, (n) the demolition of a building or structure other than— (i) a heritage item, or (ii) a building or structure identified as a heritage item or an item of environmental heritage in an environmental planning instrument or a heritage study prepared by or on behalf of a consent authority, (o) the demolition of a structure, the erection of which is development to which this Division does not apply, other than demolition associated with a project that was approved under the Act, Part 3A before its repeal, or granted after its repeal under the Act, Schedule 6A or the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2. (2) In this section— existing building does not include an existing temporary structure. neighbourhood subdivision means subdivision by the following, within the meaning of the Community Land Development Act 2021 — (a) a neighbourhood plan, (b) a neighbourhood plan of consolidation, (c) a neighbourhood plan of subdivision. strata subdivision means subdivision by the following, within the meaning of the Strata Schemes Development Act 2015 — (a) a strata plan, (b) a strata plan of consolidation, (c) a strata plan of subdivision. s 6.46: Ins 2022 (629), Sch 1[1]. 6.47 Master plans (1) A master plan for a strategic foreshore site must illustrate and explain, as appropriate, proposals for the following— (a) design principles drawn from an analysis of the site and its context, (b) phasing of development, (c) the distribution of land uses, including foreshore public access and open space, (d) pedestrian, cycle and motor vehicle access and circulation networks, (e) provision for parking, (f) provision for infrastructure, (g) building envelopes and built form controls, (h) heritage conservation, including the implementation of heritage management documents or applicable publicly available policies, (i) remediation of the site, (j) provision of public facilities, (k) provision of open space, including the function and landscaping of the space, (l) any impact on adjoining land reserved or acquired under the National Parks and Wildlife Act 1974 and measures to be taken in relation to the impact, (m) the protection and enhancement of the natural assets of the site and land adjoining the site, (n) the protection and enhancement of natural waterbodies and aquatic ecology on or adjoining the site. (2) A master plan may apply to all or part of a strategic foreshore site. (3) A master plan may apply to part of a strategic foreshore site only if the appropriate authority is satisfied the approval of a master plan for the specified part of the site will not compromise the following matters— (a) the water quality and river flows of natural waterbodies and ground water, (b) ecological connectivity and aquatic ecology, (c) the maintenance and restoration of the natural assets, vantage points and visual qualities of Sydney Harbour, (d) the achievement of the targets set out in Water Quality and River Flow Interim Environmental Objectives: Guidelines for Water Management: Sydney Harbour and Parramatta River Catchment published in 1999 by the Environment Protection Authority, (e) the achievement of the targets set out in the Sydney Harbour Catchment Blueprint published in 2003 by the Department of Land and Water Conservation, (f) the functioning of natural drainage systems on floodplains, (g) existing measures to rehabilitate land and prevent land degradation, (h) the avoidance or minimisation of acid sulfate soil disturbance, (i) public access to foreshores and waterways, (j) the operation of the Foreshores and Waterways Area for industrial and commercial purposes, (k) existing public transport operations and boating facilities, (l) existing protections for heritage items. s 6.47: Ins 2022 (629), Sch 1[1]. 6.48 Preparation of draft master plans (1) A draft master plan for a strategic foreshore site may be prepared by or on behalf of the following— (a) the owner or lessee of the land to which the master plan will apply, (b) the council of the local government area that includes, or is nearest to, the strategic foreshore site (the relevant council ), (c) the Planning Secretary. (2) The following must be consulted during preparation of a draft master plan— (a) the owner or lessee of the land to which the master plan will apply, (b) the relevant council, (c) the Minister, if the master plan— (i) is for a strategic foreshore site located partly or wholly outside a local government area or for which the Minister is the appropriate authority, or (ii) applies only to part of a strategic foreshore site. (3) A draft master plan must be published on the NSW planning portal for at least 21 days before it is approved by the appropriate authority (the exhibition period ). (4) At the beginning of the exhibition period, notice of the draft master plan must be given to the following— (a) the relevant council, (b) the Planning Secretary, (c) public authorities and community organisations the appropriate authority considers relevant to the strategic foreshore site or development on the site. s 6.48: Ins 2022 (629), Sch 1[1]. 6.49 Approval and amendment of master plans (1) Before approving a master plan, the appropriate authority must consider written submissions received during the exhibition period under section 6.48. (2) A master plan approved by the appropriate authority— (a) must be published on the NSW planning portal, and (b) takes effect on the day of the publication. (3) A master plan may be amended by another master plan. (4) An amendment to a master plan may be dealt with concurrently with a development application. s 6.49: Ins 2022 (629), Sch 1[1]. 6.50 Consideration of master plan (1) Development consent must not be granted to development on a strategic foreshore site unless— (a) a master plan has been approved for the strategic foreshore site or for the part of the strategic foreshore site on which the development will be carried out, and (b) the consent authority has considered the master plan. (2) The Minister may determine subsection (1) does not apply to specified development if the Minister is satisfied a master plan is unnecessary because of— (a) the nature of the development, or (b) the fact that the development will affect only a small portion of the relevant strategic foreshore site, having regard to the overall size of the site, or (c) the adequacy of other planning controls applying to the development, or (d) another reason the Minister considers sufficient. (3) The Minister must not make the determination unless the Minister is satisfied the development will not compromise the matters specified in section 6.47(3). (4) If the Minister makes a determination and is not the consent authority for the development, the Minister must give written notice of the determination to the consent authority. s 6.50: Ins 2022 (629), Sch 1[1]. Part 6.4 Heritage conservation in Sydney Harbour pt 6.4: Ins 2022 (629), Sch 1[1]. 6.51 Application of Part This Part applies to land in the Sydney Harbour catchment that is— (a) shown on the Heritage Map for the purposes of identifying a heritage item, or (b) an Aboriginal place of heritage significance. Note— Heritage items, other than Aboriginal places of heritage significance, are listed in Schedule 5. s 6.51: Ins 2022 (629), Sch 1[1]. 6.52 Heritage development In this Part— heritage development means development that involves one or more of the following— (a) demolishing or moving, or altering the exterior, including by changing the detail, fabric, finish or appearance of a building, of— (i) a heritage item, or (ii) an Aboriginal object, or (iii) a building, work, relic or tree within a place or site that is a heritage item, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on, or subdividing, land— (i) on which a heritage item or Aboriginal object is located, or (ii) within a place or site that is a heritage item, (f) development near a heritage item, including development that— (i) may have an impact on the setting of the heritage item, including by affecting a significant view to or from the item or by overshadowing, or (ii) may undermine or otherwise cause physical damage to the heritage item, or (iii) will otherwise have an adverse impact on the heritage significance of the heritage item. s 6.52: Ins 2022 (629), Sch 1[1]. 6.53 Requirement for development consent (1) Heritage development may be carried out only with development consent. (2) Despite subsection (1), development consent is not required for the following development— (a) development that— (i) is in a cemetery or burial ground, and (ii) is the creation of a new grave or monument, or excavation or disturbance of land for the purposes of conserving or repairing monuments or grave markers, and (iii) will not cause disturbance to human remains, relics or Aboriginal objects in the form of grave goods or to an Aboriginal place of heritage significance, (b) development that involves only the removal of a tree or other vegetation the consent authority is satisfied is a risk to human life or property. (3) The consent authority may, before work is carried out, give written notice to an applicant for development consent for heritage development that development consent is not required if the consent authority is satisfied the development— (a) is of a minor nature or is for the maintenance of— (i) a heritage item, or (ii) a building, work, relic, tree or place on a site that is a heritage item, or (iii) an Aboriginal object, or (iv) an archaeological site, and (b) will not adversely affect the heritage significance of the item, object or site. (4) In deciding whether to grant development consent to heritage development, the consent authority must consider the effect of the development on the heritage significance of the item, object or site. (5) In considering the effect of heritage development under subsection (4), the consent authority must consider the following— (a) the heritage significance of the item, object or site as part of the environmental heritage of the land to which this Part applies, (b) the impact of the development on the heritage significance of the item, object or site and its setting, including landscape or horticultural features, (c) the measures proposed to conserve the heritage significance of the item, object or site and its setting, (d) whether an archaeological site will be adversely affected by the development, (e) the extent to which the development will affect the form of historic subdivisions, (f) other matters the consent authority considers relevant. s 6.53: Ins 2022 (629), Sch 1[1]. 6.54 Aboriginal places of heritage significance (1) This section applies to heritage development that is— (a) in an Aboriginal place of heritage significance, or (b) likely to have an impact on an Aboriginal place of heritage significance. (2) The consent authority must, within 14 days of the lodgment of a development application for heritage development to which this section applies, give written or other appropriate notice of the development to the local Aboriginal communities. (3) Development consent must not be granted to heritage development to which this section applies unless the consent authority has considered the following— (a) after adequate investigation and assessment, the impact of the development on— (i) the heritage significance of the Aboriginal place of heritage significance, and (ii) any Aboriginal object known or reasonably likely to be located at the place, (b) submissions received from the local Aboriginal communities within 28 days after notice is given under subsection (2). (4) The investigation and assessment under subsection (3)(a) may include consideration of proposals for measures to minimise the impact. s 6.54: Ins 2022 (629), Sch 1[1]. 6.55 Archaeological sites (1) Development consent must not be granted to heritage development that is on an archaeological site unless the consent authority has— (a) notified the Heritage Council of the heritage development, and (b) considered any submissions made by the Heritage Council within 28 days after the notice is given. (2) This section does not apply to land— (a) listed on the State Heritage Register under the Heritage Act 1977 , or (b) to which an interim heritage order under the Heritage Act 1977 applies. s 6.55: Ins 2022 (629), Sch 1[1]. 6.56 Demolition of nominated State heritage items (1) Development consent must not be granted to the demolition of a nominated State heritage item unless the consent authority has— (a) notified the Heritage Council of the demolition, and (b) considered any submissions made by the Heritage Council within 28 days after the notice is given. (2) In this section— nominated State heritage item means a heritage item that— (a) is identified as an item of State significance in a publicly exhibited heritage study adopted by a council, and (b) the council has, by written notice to the Heritage Council, nominated as an item of potential State significance. s 6.56: Ins 2022 (629), Sch 1[1]. 6.57 Conservation incentives (1) This section applies to development that— (a) involves a building that is a heritage item, or (b) is on land on which a building that is a heritage item is located, or (c) is in an Aboriginal place of heritage significance. (2) Development consent may be granted to development to which this section applies, even if the development would otherwise be prohibited under this Chapter, if the consent authority is satisfied of the following— (a) the conservation of the heritage item or Aboriginal place of heritage significance will be facilitated by the granting of development consent, (b) if a heritage management document or other document approved by the consent authority contains guidelines for the ongoing management and conservation of, or proposals to minimise the impact of development on, the heritage item or Aboriginal place of heritage significance—the development will be consistent with the guidelines or proposals, (c) the development will not adversely affect the heritage significance of— (i) the heritage item, including its setting, or (ii) the Aboriginal place of heritage significance, (d) the development will not have a significant adverse effect on the amenity of the surrounding area. s 6.57: Ins 2022 (629), Sch 1[1]. Part 6.5 Sydney Drinking Water Catchment pt 6.5: Ins 2022 (629), Sch 1[1]. 6.58 Objectives of Part The objectives of this Part are— (a) to provide for healthy water catchments that will deliver high quality water to the Sydney area while also permitting compatible development, and (b) to provide for development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.58: Ins 2022 (629), Sch 1[1]. 6.59 Definitions In this Part— NorBE Guideline means the document titled Neutral or Beneficial Effect on Water Quality Assessment Guideline 2022 published by Water NSW on the date on which State Environmental Planning Policy Amendment (Water Catchments) 2022 commences. NorBE Tool means the tool titled Neutral or Beneficial Effect on Water Quality Assessment Tool set out in Appendix 1 to the NorBE Guideline. Regulatory Authority has the same meaning as in the Water NSW Act 2014 . s 6.59: Ins 2022 (629), Sch 1[1]. 6.60 Declaration of Sydney drinking water catchment For the Act, section 3.26(1), the Sydney catchment area, within the meaning of the Water NSW Act 2014 , is declared to be the Sydney drinking water catchment. Note— The Water NSW Act 2014 , Schedule 2, clause 17 provides that the Sydney catchment area is taken to be the area defined as the catchment area under the repealed Sydney Water Catchment Management Act 1998 (the repealed Act ). Declarations under the repealed Act, section 41 were published in Government Gazette No 76 of 2 July 1999, pp 4648 and 4649. s 6.60: Ins 2022 (629), Sch 1[1]. 6.61 Requirement of neutral or beneficial effect on water quality (1) Development consent must not be granted to development relating to any part of the Sydney Drinking Water Catchment unless the consent authority is satisfied the carrying out of the development would have a neutral or beneficial effect on water quality. Note— See the Act, section 3.26(2). (2) For the purposes of determining whether the carrying out of the development would have a neutral or beneficial effect on water quality, the consent authority must, if the development is development to which the NorBE Tool applies, undertake an assessment using the NorBE Tool. (3) The NorBE Tool applies to development requiring development consent under the Act, Part 4, other than State significant development. s 6.61: Ins 2022 (629), Sch 1[1]. 6.62 Neutral or beneficial effect on water quality—extension or expansion of existing development (1) This section applies if— (a) development consent was granted to continuing development (the existing development consent ), and (b) a development application is made for development consent to development to extend or expand the continuing development (the additional development ), and (c) the development application is made before the authority conferred by the existing development consent expires or is exhausted. (2) For section 6.61(1), the carrying out of the additional development will have a neutral or beneficial effect on water quality if it will have the same or a lesser adverse impact on water quality than the adverse impact the continuing development would have if it were extended or expanded under similar conditions to the existing development consent. Note— See the Act, section 3.26(2A). (3) This section extends to an existing development consent that will be surrendered if development consent is granted to the additional development. (4) In this section, a reference to an existing development consent includes a reference to a project that was approved under the Act, Part 3A before its repeal, or granted after its repeal under the Act, Schedule 6A or the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2. (5) In this section— continuing development means development for which development consent was limited to the carrying out of the development for a particular time, in a particular area or at a particular intensity, but which was likely to be the subject of future applications for development consent for its extension or expansion. Example— Development for the purposes of mining could be continuing development. s 6.62: Ins 2022 (629), Sch 1[1]. 6.63 Requirement of consistency with NorBE Guideline Development consent must not be granted to development on land in the Sydney Drinking Water Catchment unless the consent authority is satisfied the development is consistent with the NorBE Guideline. s 6.63: Ins 2022 (629), Sch 1[1]. 6.64 Concurrence of Regulatory Authority (1) Development consent must not be granted to development on land in the Sydney Drinking Water Catchment unless the consent authority has obtained the concurrence of the Regulatory Authority. (2) For the Act, section 3.18(3), the Regulatory Authority must consider the following matters in deciding whether to grant concurrence— (a) the NorBE Guideline, (b) whether the development will have a neutral or beneficial effect on water quality. (3) The consent authority must, within 10 days after determining a development application that required the concurrence of the Regulatory Authority, give a copy of the determination of the development application to the Regulatory Authority. (4) This section does not apply if the consent authority is satisfied the development has no potential impact on water quality. s 6.64: Ins 2022 (629), Sch 1[1]. Part 6.6 Miscellaneous pt 6.6: Ins 2022 (629), Sch 1[1]. 6.65 Savings and transitional provisions (1) The former provisions continue to apply, and the other provisions of this Chapter do not apply, to an application for development consent lodged, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Water Catchments) 2022 . (2) A master plan adopted and in force under section 10.46 immediately before its repeal by State Environmental Planning Policy Amendment (Water Catchments) 2022 is taken, on and from the commencement of this Chapter, to have effect as a master plan within the meaning of Part 6.3, Division 5. (2A) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced. (3) In this section— former provisions means— (a) Chapters 6–12 as in force immediately before their repeal by State Environmental Planning Policy Amendment (Water Catchments) 2022 , and (b) the provisions of each environmental planning instrument amended by State Environmental Planning Policy Amendment (Water Catchments) 2022 that would be in force if the instrument had not been amended by that Policy. s 6.65: Ins 2022 (629), Sch 1[1]. Am 2023 (609), Sch 2.16[6]. 6.66 Exemptions for Accelerated TOD Precincts (1) Sections 6.54, 6.55 and 6.56 do not apply to development for the purposes of residential accommodation, or a mixed use development that includes development for the purposes of residential accommodation, on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map . (2) This section does not apply in relation to— (a) a development application made, but not finally determined, before the commencement of this section, or (b) a development application made on or after 30 November 2027. (3) In this section— Accelerated Transport Oriented Development Precincts Rezoning Areas Map has the same meaning as in State Environmental Planning Policy (Housing) 2021 . s 6.66: Ins 2024 (594), Sch 1.

Preliminary pt 6.1: Ins 2022 (629), Sch 1[1]. 6.1 Land to which Chapter applies This Chapter applies to land in the following catchments— (a) the Sydney Drinking Water Catchment, (b) the Sydney Harbour Catchment, (c) the Georges River Catchment, (d) the Hawkesbury-Nepean Catchment. s 6.1: Subst 2022 (629), Sch 1[1]. 6.2 Definitions (1) The Dictionary in Schedule 6 defines words used in this Chapter. (2) A word used in this Chapter has the same meaning as in the Standard Instrument unless otherwise defined in this Chapter. s 6.2: Subst 2022 (629), Sch 1[1]. 6.3 Relationship with other environmental planning instruments (1) Unless the contrary intention expressly appears, this Chapter does not permit the carrying out of development— (a) prohibited by another environmental planning instrument, or (b) if another environmental planning instrument provides that development consent is required for the development—without development consent. Note— An express contrary intention appears in sections 6.40 and 6.41. (2) State Environmental Planning Policy (Transport and Infrastructure) 2021 , Chapter 2, other than section 2.80(3), prevails to the extent of an inconsistency with this Chapter. (3) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , clauses 4A.11 and 4A.12 do not apply to development to which this Policy, section 6.43 applies. (4) The Standard Instrument, clause 4.6, as adopted by a local environmental plan, does not apply to a development standard imposed by this Policy, Part 6.5. (5) This Chapter otherwise— (a) prevails to the extent of an inconsistency with another environmental planning instrument, whether made before or after the commencement of this Chapter, and (b) supplements, and does not derogate from, another environmental planning instrument applying to land to which this Chapter applies. (6) In this section, a reference to another environmental planning instrument includes a reference to another Chapter of this Policy. s 6.3: Subst 2022 (629), Sch 1[1]. Am 2022 (767), Sch 1[1]. 6.4 Maps (1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the environmental planning instruments when the instruments are made. (2) Two or more named maps may be combined into a single map. (3) If 2 or more named maps are combined into a single map, a reference in this Chapter to 1 of the named maps is a reference to the relevant part or aspect of the single map. (4) The maps adopted by this Chapter are to be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister. s 6.4: Subst 2022 (629), Sch 1[1].

Maps s 6.4: Subst 2022 (629), Sch 1[1].

(1) A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name— (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the environmental planning instruments when the instruments are made.

Development in regulated catchments pt 6.2: Ins 2022 (629), Sch 1[1]. Division 1 Preliminary pt 6.2, div 1: Ins 2022 (629), Sch 1[1]. 6.5 Definitions In this Part— flood liable land means land— (a) susceptible to flooding by the probable maximum flood event, identified in accordance with the principles set out in the Flood Risk Management Manual, or (b) identified in an environmental planning instrument as flood liable land. Flood Risk Management Manual means the Flood Risk Management Manual , ISBN 978-1-923076-17-4 , published by the NSW Government in June 2023. riparian vegetation means hydrophilic vegetation, including submerged, emerging and fringing vegetation, that is within a waterway or the floodplain of a waterway. s 6.5: Subst 2022 (629), Sch 1[1]. Am 2023 (609), Sch 2.16[4] [5]. Division 2 Controls on development generally pt 6.2, div 2: Ins 2022 (629), Sch 1[1]. 6.6 Water quality and quantity (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a neutral or beneficial effect on the quality of water entering a waterway, (b) whether the development will have an adverse impact on water flow in a natural waterbody, (c) whether the development will increase the amount of stormwater run-off from a site, (d) whether the development will incorporate on-site stormwater retention, infiltration or reuse, (e) the impact of the development on the level and quality of the water table, (f) the cumulative environmental impact of the development on the regulated catchment, (g) whether the development makes adequate provision to protect the quality and quantity of ground water. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied the development ensures— (a) the effect on the quality of water entering a natural waterbody will be as close as possible to neutral or beneficial, and (b) the impact on water flow in a natural waterbody will be minimised. (3) Subsections (1)(a) and (2)(a) do not apply to development on land in the Sydney Drinking Water Catchment. Note— Part 6.5 contains provisions requiring development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.6: Subst 2022 (629), Sch 1[1]. 6.7 Aquatic ecology (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation, (b) whether the development involves the clearing of riparian vegetation and, if so, whether the development will require— (i) a controlled activity approval under the Water Management Act 2000 , or (ii) a permit under the Fisheries Management Act 1994 , (c) whether the development will minimise or avoid— (i) the erosion of land abutting a natural waterbody, or (ii) the sedimentation of a natural waterbody, (d) whether the development will have an adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area, (e) whether the development includes adequate safeguards and rehabilitation measures to protect aquatic ecology, (f) if the development site adjoins a natural waterbody—whether additional measures are required to ensure a neutral or beneficial effect on the water quality of the waterbody. Example— Additional measures may include the incorporation of a vegetated buffer between the waterbody and the site. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation will be kept to the minimum necessary for the carrying out of the development, (b) the development will not have a direct, indirect or cumulative adverse impact on aquatic reserves, (c) if a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994 is required in relation to the clearing of riparian vegetation—the approval or permit has been obtained, (d) the erosion of land abutting a natural waterbody or the sedimentation of a natural waterbody will be minimised, (e) the adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area will be minimised. (3) In this section— coastal wetlands and littoral rainforests area has the same meaning as in the Coastal Management Act 2016 , section 6. s 6.7: Subst 2022 (629), Sch 1[1]. 6.8 Flooding (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the likely impact of the development on periodic flooding that benefits wetlands and other riverine ecosystems. (2) Development consent must not be granted to development on flood liable land in a regulated catchment unless the consent authority is satisfied the development will not— (a) if there is a flood, result in a release of pollutants that may have an adverse impact on the water quality of a natural waterbody, or (b) have an adverse impact on the natural recession of floodwaters into wetlands and other riverine ecosystems. s 6.8: Subst 2022 (629), Sch 1[1]. 6.9 Recreation and public access (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider— (a) the likely impact of the development on recreational land uses in the regulated catchment, and (b) whether the development will maintain or improve public access to and around foreshores without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the development will maintain or improve public access to and from natural waterbodies for recreational purposes, including fishing, swimming and boating, without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation, (b) new or existing points of public access between natural waterbodies and the site of the development will be stable and safe, (c) if land forming part of the foreshore of a natural waterbody will be made available for public access as a result of the development but is not in public ownership—public access to and use of the land will be safeguarded. (3) This section does not apply to development on land in a regulated catchment if the land is in a special area under the Water NSW Act 2014 . s 6.9: Subst 2022 (629), Sch 1[1]. 6.10 Total catchment management In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consult with the council of each adjacent or downstream local government area on which the development is likely to have an adverse environmental impact. s 6.10: Ins 2022 (629), Sch 1[1]. Division 3 Controls on development in specific areas pt 6.2, div 3: Ins 2022 (629), Sch 1[1]. 6.11 Land within 100m of natural waterbody In deciding whether to grant development consent to development on land within 100m of a natural waterbody in a regulated catchment, the consent authority must consider whether— (a) the land uses proposed for land abutting the natural waterbody are water-dependent uses, and (b) conflicts between land uses are minimised. s 6.11: Ins 2022 (629), Sch 1[1]. 6.12 Riverine Scenic Areas (1) Development in a Riverine Scenic Area may be carried out only with development consent. (2) In deciding whether to grant development consent to development in a Riverine Scenic Area, the consent authority must consider the following— (a) whether the development is likely to damage river banks, (b) whether the development will be adequately set back from natural waterbodies in the Hawkesbury-Nepean Catchment, (c) the visibility of the development from the surrounding natural waterbodies and visual catchment, (d) whether the development will be consistent with the scenic character of the Riverine Scenic Area, as described in the document entitled Hawkesbury-Nepean River Scenic Quality Study , published by the Department of Urban Affairs and Planning in 1996, (e) whether the development will increase public recreational and visual access to natural waterbodies, (f) landscaping, including the following— (i) the form and siting of buildings, (ii) the colours and materials proposed to be used in the buildings, (iii) whether the development includes or retains native vegetation, (g) the appropriateness of imposing a condition requiring the protection of the scenic character of the Riverine Scenic Area. (3) Development consent must not be granted to development in a Riverine Scenic Area unless the consent authority is satisfied the impact of the development on the scenic quality of the Riverine Scenic Area will be minimised. s 6.12: Ins 2022 (629), Sch 1[1]. 6.13 Hawkesbury-Nepean conservation area sub-catchments (1) Development in a Hawkesbury-Nepean conservation area sub-catchment may be carried out only with development consent. (2) In deciding whether to grant development consent to development in a Hawkesbury-Nepean conservation area sub-catchment, the consent authority must consider the following— (a) whether the development will minimise human interference with the condition of the sub-catchment, (b) whether the development will maintain and enhance the structure and floristics of native vegetation in the sub-catchment, (c) whether the development will maintain or enhance the scenic quality of the locality, (d) whether development has previously been carried out on the development site. s 6.13: Ins 2022 (629), Sch 1[1]. 6.14 Temporary use of land in Sydney Harbour Catchment (1) The objective of this section is to provide for the temporary use of land in the Sydney Harbour Catchment if the use does not compromise future development of the land or have detrimental economic, social, amenity or environmental effects on the land. (2) This section applies to land in the Sydney Harbour Catchment. (3) Development consent may be granted to development on land in the Sydney Harbour Catchment for a temporary use for a maximum period of 52 days, whether or not consecutive, in a period of 12 months, even if the development would otherwise be prohibited by this Chapter. (4) Development consent must not be granted unless the consent authority is satisfied of the following— (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Chapter and any other applicable environmental planning instrument, (b) the temporary use will not have an adverse impact on adjoining land or the amenity of the neighbourhood, (c) the temporary use and location of structures related to the use will not have an adverse impact on environmental attributes or features of the land or increase the risk of natural hazards that may affect the land, (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. (5) Development consent may be granted to development for the temporary use of a dwelling as a sales office for a new release area or a new housing estate for a period exceeding the maximum period specified in subsection (3). (6) Subsection (4)(d) does not apply to a temporary use referred to in subsection (5). s 6.14: Ins 2022 (629), Sch 1[1]. Division 4 Controls on development for specific purposes pt 6.2, div 4: Ins 2022 (629), Sch 1[1]. 6.15 Aquaculture In deciding whether to grant development consent to development for the purposes of aquaculture on land in a regulated catchment, the consent authority must consider the following— (a) the likely direct, indirect and cumulative environmental impacts of related activities, including— (i) the coating of fishing accessories with protective finishes, and (ii) the transport and cleaning of cages, racks and other accessories, (b) whether the development includes adequate measures for the disposal of waste, (c) potential adverse environmental impacts from damage to facilities or equipment associated with the development that is caused by flooding, stormwater or erosion. s 6.15: Ins 2022 (629), Sch 1[1]. 6.16 Artificial waterbodies (1) In deciding whether to grant development consent to development for the purposes of artificial waterbodies on land in a regulated catchment, the consent authority must consider the following— (a) the likely impact of the development on other downstream land uses in the regulated catchment, (b) whether the development will enhance the recreational and environmental amenity of the regulated catchment, (c) whether the development will contribute to a propagation zone for noxious aquatic weeds in the regulated catchment, (d) whether the development includes measures to minimise the risk of an increase in algal blooms in the regulated catchment. (2) Development consent must not be granted to development for the purposes of artificial waterbodies on land in a regulated catchment if— (a) a rehabilitation plan is required to be prepared for the development under State Environmental Planning Policy (Resources and Energy) 2021 , section 2.23, and (b) the consent authority is not satisfied the development is consistent with the rehabilitation plan. s 6.16: Ins 2022 (629), Sch 1[1]. 6.17 Heavy and hazardous industries (1) This section applies to— (a) development for the purposes of potentially hazardous industry or potentially offensive industry, and (b) development for the purposes of heavy industrial storage establishments or heavy industries. (2) In deciding whether to grant development consent to development to which this section applies, the consent authority must consider the need for bush fire hazard reduction work on the site. (3) Development consent must not be granted to development to which this section applies unless the consent authority is satisfied— (a) the development includes adequate measures to contain water that is at risk of contamination as a result of the development, and (b) approvals have been obtained, or are obtainable, to undertake bush fire hazard reduction work required on the site. (4) Development for the purposes of heavy industrial storage establishments or heavy industries is prohibited on land in a regulated catchment if the development is carried out— (a) on flood liable land, or (b) within 40m of a natural waterbody or watercourse, or (c) on a floodway. (5) In this section— floodway means an area of a floodplain where a significant discharge of water occurs during floods, which, even if partially blocked, would cause a significant redistribution of flood flow or a significant increase in flood levels. potentially hazardous industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. potentially offensive industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. s 6.17: Ins 2022 (629), Sch 1[1]. 6.18 Marinas In deciding whether to grant development consent to development for the purposes of marinas on land in a regulated catchment, the consent authority must consider the following— (a) whether the development includes adequate measures in relation to the collection, storage, treatment and disposal of sewage and other waste, (b) whether the development complies with the document entitled Environmental Guidelines: Best Management Practice for Marinas and Slipways , published in 1998 by the Environment Protection Authority, (c) whether adequate depth of water exists for the development and related foreshore facilities, (d) whether the development is likely to affect the stability of land adjoining a natural waterbody, (e) whether the development will have an adverse impact on the foreshore or the bed of a natural waterbody. s 6.18: Ins 2022 (629), Sch 1[1]. 6.19 Moorings (1) Development for the purposes of moorings on land in a regulated catchment— (a) may be carried out with development consent, if the development will be carried out in accordance with a permit under the Fisheries Management Act 1994 , and (b) is otherwise prohibited. Note— Development requiring both development consent and a specified permit under the Fisheries Management Act 1994 is integrated development—see the Act, section 4.46. (2) In deciding whether to grant development consent to development for the purposes of moorings on land in a regulated 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 6.19: Ins 2022 (629), Sch 1[1]. 6.20 On-site domestic sewerage systems (1) This section applies to development for the purposes of on-site domestic sewerage systems on land in a regulated catchment. (2) In deciding whether to grant development consent, the consent authority must consider the following— (a) whether the development will be capable of connecting to a sewerage reticulation system, (b) the suitability of the site for on-site disposal of effluent, (c) the capacity of the development to operate without significant adverse long-term impacts on adjoining land. (3) Development consent must not be granted unless the consent authority is satisfied that the development includes adequate measures— (a) to prevent the spread of disease, and (b) to reuse treated resources, and (c) to facilitate the recycling and reuse of treated effluent, and (d) to minimise adverse impacts on the amenity of the development site and other nearby land, and (e) to maintain storage and treatment capacity in wet weather, and (f) to monitor the relevant sewerage system on an ongoing basis. (4) Development consent must not be granted to single household development that is not connected to a sewage reticulation system unless the consent authority is also satisfied that the development complies with the relevant guidelines. (5) In this section— on-site domestic sewerage system means a building, work or place at which effluent is stored, treated or disposed of on-site for domestic purposes. relevant guidelines means the document entitled Environment and Health Protection Guidelines—On-site Sewage Management for Single Households , published by the Department of Local Government, the Department of Land and Water Conservation, the Department of Health and the Environment Protection Authority in 1998. single household development meant development to which this section applies that is associated with residential accommodation consisting of a single dwelling. s 6.20: Ins 2022 (629), Sch 1[1]. 6.21 Stormwater management (1) This section applies to development for the purposes of works, including water recycling facilities, water reticulation systems and water storage facilities, that are designed to collect, channel, store, treat or disperse stormwater runoff. (2) Development to which this section applies may be carried out on land in a regulated catchment— (a) by or on behalf of a public authority—without development consent, or (b) otherwise—with development consent. (3) Despite subsection (2), development to which this section applies is prohibited on land in a regulated catchment if the works will cause untreated stormwater to be disposed of into a natural waterbody. (4) In this section— untreated stormwater means stormwater that has not been subjected to measures designed to reduce litter, suspended soils, nutrients or other substances that contribute to a decline in water quality. s 6.21: Ins 2022 (629), Sch 1[1]. 6.22 Waste or resource management facilities (1) Development for the purposes of waste or resource management facilities is prohibited on flood liable land in the Georges River Catchment. (2) Development consent must not be granted to development for the purposes of waste or resource management facilities on land in a regulated catchment unless the consent authority is satisfied of the following— (a) an adequate site management plan has been prepared in relation to the development, (b) the development includes adequate leachate surface controls, (c) the final landform of the development on the site will be stable in the long term. s 6.22: Ins 2022 (629), Sch 1[1]. 6.23 Demolition on certain land (1) This section applies to land— (a) in a regulated catchment, and (b) to which a local environmental plan that adopts the Standard Instrument does not apply. (2) Development that involves the demolition of a building or work may be carried out only with development consent. s 6.23: Ins 2022 (629), Sch 1[1].

Controls on development generally pt 6.2, div 2: Ins 2022 (629), Sch 1[1]. 6.6 Water quality and quantity (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a neutral or beneficial effect on the quality of water entering a waterway, (b) whether the development will have an adverse impact on water flow in a natural waterbody, (c) whether the development will increase the amount of stormwater run-off from a site, (d) whether the development will incorporate on-site stormwater retention, infiltration or reuse, (e) the impact of the development on the level and quality of the water table, (f) the cumulative environmental impact of the development on the regulated catchment, (g) whether the development makes adequate provision to protect the quality and quantity of ground water. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied the development ensures— (a) the effect on the quality of water entering a natural waterbody will be as close as possible to neutral or beneficial, and (b) the impact on water flow in a natural waterbody will be minimised. (3) Subsections (1)(a) and (2)(a) do not apply to development on land in the Sydney Drinking Water Catchment. Note— Part 6.5 contains provisions requiring development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.6: Subst 2022 (629), Sch 1[1]. 6.7 Aquatic ecology (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the following— (a) whether the development will have a direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation, (b) whether the development involves the clearing of riparian vegetation and, if so, whether the development will require— (i) a controlled activity approval under the Water Management Act 2000 , or (ii) a permit under the Fisheries Management Act 1994 , (c) whether the development will minimise or avoid— (i) the erosion of land abutting a natural waterbody, or (ii) the sedimentation of a natural waterbody, (d) whether the development will have an adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area, (e) whether the development includes adequate safeguards and rehabilitation measures to protect aquatic ecology, (f) if the development site adjoins a natural waterbody—whether additional measures are required to ensure a neutral or beneficial effect on the water quality of the waterbody. Example— Additional measures may include the incorporation of a vegetated buffer between the waterbody and the site. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation will be kept to the minimum necessary for the carrying out of the development, (b) the development will not have a direct, indirect or cumulative adverse impact on aquatic reserves, (c) if a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994 is required in relation to the clearing of riparian vegetation—the approval or permit has been obtained, (d) the erosion of land abutting a natural waterbody or the sedimentation of a natural waterbody will be minimised, (e) the adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area will be minimised. (3) In this section— coastal wetlands and littoral rainforests area has the same meaning as in the Coastal Management Act 2016 , section 6. s 6.7: Subst 2022 (629), Sch 1[1]. 6.8 Flooding (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider the likely impact of the development on periodic flooding that benefits wetlands and other riverine ecosystems. (2) Development consent must not be granted to development on flood liable land in a regulated catchment unless the consent authority is satisfied the development will not— (a) if there is a flood, result in a release of pollutants that may have an adverse impact on the water quality of a natural waterbody, or (b) have an adverse impact on the natural recession of floodwaters into wetlands and other riverine ecosystems. s 6.8: Subst 2022 (629), Sch 1[1]. 6.9 Recreation and public access (1) In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consider— (a) the likely impact of the development on recreational land uses in the regulated catchment, and (b) whether the development will maintain or improve public access to and around foreshores without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation. (2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the development will maintain or improve public access to and from natural waterbodies for recreational purposes, including fishing, swimming and boating, without adverse impact on natural waterbodies, watercourses, wetlands or riparian vegetation, (b) new or existing points of public access between natural waterbodies and the site of the development will be stable and safe, (c) if land forming part of the foreshore of a natural waterbody will be made available for public access as a result of the development but is not in public ownership—public access to and use of the land will be safeguarded. (3) This section does not apply to development on land in a regulated catchment if the land is in a special area under the Water NSW Act 2014 . s 6.9: Subst 2022 (629), Sch 1[1]. 6.10 Total catchment management In deciding whether to grant development consent to development on land in a regulated catchment, the consent authority must consult with the council of each adjacent or downstream local government area on which the development is likely to have an adverse environmental impact. s 6.10: Ins 2022 (629), Sch 1[1].

Aquatic ecology s 6.7: Subst 2022 (629), Sch 1[1].

(2) Development consent must not be granted to development on land in a regulated catchment unless the consent authority is satisfied of the following— (a) the direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation will be kept to the minimum necessary for the carrying out of the development, (b) the development will not have a direct, indirect or cumulative adverse impact on aquatic reserves, (c) if a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994 is required in relation to the clearing of riparian vegetation—the approval or permit has been obtained, (d) the erosion of land abutting a natural waterbody or the sedimentation of a natural waterbody will be minimised, (e) the adverse impact on wetlands that are not in the coastal wetlands and littoral rainforests area will be minimised.

Controls on development for specific purposes pt 6.2, div 4: Ins 2022 (629), Sch 1[1]. 6.15 Aquaculture In deciding whether to grant development consent to development for the purposes of aquaculture on land in a regulated catchment, the consent authority must consider the following— (a) the likely direct, indirect and cumulative environmental impacts of related activities, including— (i) the coating of fishing accessories with protective finishes, and (ii) the transport and cleaning of cages, racks and other accessories, (b) whether the development includes adequate measures for the disposal of waste, (c) potential adverse environmental impacts from damage to facilities or equipment associated with the development that is caused by flooding, stormwater or erosion. s 6.15: Ins 2022 (629), Sch 1[1]. 6.16 Artificial waterbodies (1) In deciding whether to grant development consent to development for the purposes of artificial waterbodies on land in a regulated catchment, the consent authority must consider the following— (a) the likely impact of the development on other downstream land uses in the regulated catchment, (b) whether the development will enhance the recreational and environmental amenity of the regulated catchment, (c) whether the development will contribute to a propagation zone for noxious aquatic weeds in the regulated catchment, (d) whether the development includes measures to minimise the risk of an increase in algal blooms in the regulated catchment. (2) Development consent must not be granted to development for the purposes of artificial waterbodies on land in a regulated catchment if— (a) a rehabilitation plan is required to be prepared for the development under State Environmental Planning Policy (Resources and Energy) 2021 , section 2.23, and (b) the consent authority is not satisfied the development is consistent with the rehabilitation plan. s 6.16: Ins 2022 (629), Sch 1[1]. 6.17 Heavy and hazardous industries (1) This section applies to— (a) development for the purposes of potentially hazardous industry or potentially offensive industry, and (b) development for the purposes of heavy industrial storage establishments or heavy industries. (2) In deciding whether to grant development consent to development to which this section applies, the consent authority must consider the need for bush fire hazard reduction work on the site. (3) Development consent must not be granted to development to which this section applies unless the consent authority is satisfied— (a) the development includes adequate measures to contain water that is at risk of contamination as a result of the development, and (b) approvals have been obtained, or are obtainable, to undertake bush fire hazard reduction work required on the site. (4) Development for the purposes of heavy industrial storage establishments or heavy industries is prohibited on land in a regulated catchment if the development is carried out— (a) on flood liable land, or (b) within 40m of a natural waterbody or watercourse, or (c) on a floodway. (5) In this section— floodway means an area of a floodplain where a significant discharge of water occurs during floods, which, even if partially blocked, would cause a significant redistribution of flood flow or a significant increase in flood levels. potentially hazardous industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. potentially offensive industry has the same meaning as in State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 3. s 6.17: Ins 2022 (629), Sch 1[1]. 6.18 Marinas In deciding whether to grant development consent to development for the purposes of marinas on land in a regulated catchment, the consent authority must consider the following— (a) whether the development includes adequate measures in relation to the collection, storage, treatment and disposal of sewage and other waste, (b) whether the development complies with the document entitled Environmental Guidelines: Best Management Practice for Marinas and Slipways , published in 1998 by the Environment Protection Authority, (c) whether adequate depth of water exists for the development and related foreshore facilities, (d) whether the development is likely to affect the stability of land adjoining a natural waterbody, (e) whether the development will have an adverse impact on the foreshore or the bed of a natural waterbody. s 6.18: Ins 2022 (629), Sch 1[1]. 6.19 Moorings (1) Development for the purposes of moorings on land in a regulated catchment— (a) may be carried out with development consent, if the development will be carried out in accordance with a permit under the Fisheries Management Act 1994 , and (b) is otherwise prohibited. Note— Development requiring both development consent and a specified permit under the Fisheries Management Act 1994 is integrated development—see the Act, section 4.46. (2) In deciding whether to grant development consent to development for the purposes of moorings on land in a regulated 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 6.19: Ins 2022 (629), Sch 1[1]. 6.20 On-site domestic sewerage systems (1) This section applies to development for the purposes of on-site domestic sewerage systems on land in a regulated catchment. (2) In deciding whether to grant development consent, the consent authority must consider the following— (a) whether the development will be capable of connecting to a sewerage reticulation system, (b) the suitability of the site for on-site disposal of effluent, (c) the capacity of the development to operate without significant adverse long-term impacts on adjoining land. (3) Development consent must not be granted unless the consent authority is satisfied that the development includes adequate measures— (a) to prevent the spread of disease, and (b) to reuse treated resources, and (c) to facilitate the recycling and reuse of treated effluent, and (d) to minimise adverse impacts on the amenity of the development site and other nearby land, and (e) to maintain storage and treatment capacity in wet weather, and (f) to monitor the relevant sewerage system on an ongoing basis. (4) Development consent must not be granted to single household development that is not connected to a sewage reticulation system unless the consent authority is also satisfied that the development complies with the relevant guidelines. (5) In this section— on-site domestic sewerage system means a building, work or place at which effluent is stored, treated or disposed of on-site for domestic purposes. relevant guidelines means the document entitled Environment and Health Protection Guidelines—On-site Sewage Management for Single Households , published by the Department of Local Government, the Department of Land and Water Conservation, the Department of Health and the Environment Protection Authority in 1998. single household development meant development to which this section applies that is associated with residential accommodation consisting of a single dwelling. s 6.20: Ins 2022 (629), Sch 1[1]. 6.21 Stormwater management (1) This section applies to development for the purposes of works, including water recycling facilities, water reticulation systems and water storage facilities, that are designed to collect, channel, store, treat or disperse stormwater runoff. (2) Development to which this section applies may be carried out on land in a regulated catchment— (a) by or on behalf of a public authority—without development consent, or (b) otherwise—with development consent. (3) Despite subsection (2), development to which this section applies is prohibited on land in a regulated catchment if the works will cause untreated stormwater to be disposed of into a natural waterbody. (4) In this section— untreated stormwater means stormwater that has not been subjected to measures designed to reduce litter, suspended soils, nutrients or other substances that contribute to a decline in water quality. s 6.21: Ins 2022 (629), Sch 1[1]. 6.22 Waste or resource management facilities (1) Development for the purposes of waste or resource management facilities is prohibited on flood liable land in the Georges River Catchment. (2) Development consent must not be granted to development for the purposes of waste or resource management facilities on land in a regulated catchment unless the consent authority is satisfied of the following— (a) an adequate site management plan has been prepared in relation to the development, (b) the development includes adequate leachate surface controls, (c) the final landform of the development on the site will be stable in the long term. s 6.22: Ins 2022 (629), Sch 1[1]. 6.23 Demolition on certain land (1) This section applies to land— (a) in a regulated catchment, and (b) to which a local environmental plan that adopts the Standard Instrument does not apply. (2) Development that involves the demolition of a building or work may be carried out only with development consent. s 6.23: Ins 2022 (629), Sch 1[1].

Marinas In deciding whether to grant development consent to development for the purposes of marinas on land in a regulated catchment, the consent authority must consider the following— (a) whether the development includes adequate measures in relation to the collection, storage, treatment and disposal of sewage and other waste, (b) whether the development complies with the document entitled Environmental Guidelines: Best Management Practice for Marinas and Slipways , published in 1998 by the Environment Protection Authority, (c) whether adequate depth of water exists for the development and related foreshore facilities, (d) whether the development is likely to affect the stability of land adjoining a natural waterbody, (e) whether the development will have an adverse impact on the foreshore or the bed of a natural waterbody. s 6.18: Ins 2022 (629), Sch 1[1].

Moorings s 6.19: Ins 2022 (629), Sch 1[1].

(1) Development for the purposes of moorings on land in a regulated catchment— (a) may be carried out with development consent, if the development will be carried out in accordance with a permit under the Fisheries Management Act 1994 , and (b) is otherwise prohibited. Note— Development requiring both development consent and a specified permit under the Fisheries Management Act 1994 is integrated development—see the Act, section 4.46.

(2) In deciding whether to grant development consent to development for the purposes of moorings on land in a regulated 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.

Demolition on certain land s 6.23: Ins 2022 (629), Sch 1[1].

(1) This section applies to land— (a) in a regulated catchment, and (b) to which a local environmental plan that adopts the Standard Instrument does not apply.

Foreshores and Waterways Area pt 6.3: Ins 2022 (629), Sch 1[1]. Division 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 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]. Division 2 Zoning of Foreshores and Waterways Area pt 6.3, div 2: Ins 2022 (629), Sch 1[1]. 6.26 Zoning of Foreshores and Waterways Area (1) For this Part, land is in one of the following zones if it is shown within the zone on the Foreshores and Waterways Area Map — Zone 1—Maritime Waters Zone 2—Environment Protection Zone 3—Naval Waters Zone 4—Aviation Zone 5—Water Recreation Zone 6—Scenic Waters—Active Use Zone 7—Scenic Waters—Casual Use Zone 8—Scenic Waters—Passive Use Zone 9—National Parks and Nature Reserves (2) A zone boundary that follows the water’s edge, as shown on the Foreshores and Waterways Area Map , is taken to follow the mean high water mark. (3) This section does not affect the zoning, under another environmental planning instrument, of land in the Foreshores and Waterways Area if the land is not included in a zone under this section. s 6.26: Ins 2022 (629), Sch 1[1]. 6.27 Zone objectives and Land Use Table (1) The Land Use Table at the end of this section specifies the following for each zone— (a) the objectives for development, (b) development that may be carried out without development consent, (c) development that may be carried out only with development consent, (d) development that is prohibited. (2) Development not specified in the Table in relation to a zone may be carried out with development consent in the zone if the consent authority is satisfied that the development— (a) is not inconsistent with the objectives for development in the zone, and (b) is not inconsistent with the provisions of another environmental planning instrument, and (c) will not otherwise have adverse impacts. (3) The consent authority must consider the objectives for development in a zone when determining a development application in relation to land in the zone. Land Use Table Zone 1 Maritime Waters 1 Objectives of zone • To give preference to and protect waters required for the effective and efficient movement of commercial shipping, public water transport and maritime industry operations. • To allow development that is compatible with, and will not adversely affect the effective and efficient movement of, commercial shipping, public water transport and maritime industry operations. • To promote the equitable use of the Foreshores and Waterways Area, including use by passive recreation craft. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Flora and fauna enclosures; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 2 Environment Protection 1 Objectives of zone • To protect the natural and cultural values of waters in the zone. • To prevent damage to, or the possibility of long term adverse impact on, the natural and cultural values of waters in the zone and adjoining foreshores. • To enhance and rehabilitate the natural and cultural values of waters in the zone and adjoining foreshores. • To provide for the long term management of the natural and cultural values of waters in the zone and adjoining foreshores. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Naval activities; Single moorings 3 Permitted with consent Boat launching ramps; Community facilities; Dredging; Flora and fauna enclosures; Maintenance dredging; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 3 Naval Waters 1 Objectives of zone • To ensure effective implementation of the Control of Naval Waters Act 1918 of the Commonwealth. • To restrict development that is incompatible with naval interests. • To allow development that does not jeopardise naval interests. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Uses and activities prohibited under the Control of Naval Waters Act 1918 of the Commonwealth, Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 4 Aviation 1 Objectives of zone • To give preference to and protect waters required for marine aviation activities. • To ensure marine aviation activities safely coexist with other activities and facilities. • To allow development that is compatible with, and will not adversely affect, marine aviation activities. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Marinas; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 5 Water Recreation 1 Objectives of zone • To give preference to and increase public water-dependent development that will promote the enjoyment of, and free access to, the Foreshores and Waterways Area. • To allow development that will enhance public use of waters in the zone and not compromise public use of waters in the zone in the present or future. • To minimise the number, scale and extent of artificial structures, considering the function of the structures. • To allow commercial water-dependent development that— (a) meets a justified demand, and (b) provides benefits to the general and boating public, and (c) results in a visual outcome that is compatible with the planned character of the locality. • To minimise congestion and conflict arising from the use of waters in the zone and the adjoining foreshores. • To protect and preserve beach environments and ensure they are free from artificial structures. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or from areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Community facilities; Dredging; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 6 Scenic Waters—Active Use 1 Objectives of zone • To allow a range of public and private water-dependent development close to shore only if the development— (a) minimises alienation of waters in the zone from public use, and (b) is not constrained by shallow water depth, navigational conflicts or severe wave action. • To minimise the number and extent of structures over waters in the zone through mechanisms, including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. • To minimise the adverse impact on views to and from waters in the zone and on the scenic values of the locality as a result of the size of vessels capable of being accommodated as a result of development in the zone. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Community facilities; Dredging; Floating boat platforms; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Commercial port facilities; Houseboats; Intertidal dredging; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 7 Scenic Waters—Casual Use 1 Objectives of zone • To allow certain water-dependent development close to shore to meet casual boating needs and other water access needs. • To allow development only if the development— (a) achieves a largely open and unobstructed waterway, and (b) does not dominate the landscape setting. • To restrict development for permanent boat storage in locations that are unsuitable due to— (a) the adverse visual impact of the development, or (b) physical constraints, including shallow water depth, severe wave action and unsafe navigation. • To ensure the scale and size of development are appropriate to the locality • To ensure the scale and size of development protect and improve the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone and areas of public access. • To maintain and enhance views to and from waters in the zone. • To minimise the number and extent of structures over waters in the zone through mechanisms including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Floating boat platforms; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Houseboats; Intertidal dredging; Marinas; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 8 Scenic Waters—Passive Use 1 Objectives of zone • To give preference to unimpeded public access along the intertidal zone, the visual continuity and significance of the landform and the ecological value of waters and foreshores. • To restrict development for permanent boat storage and private landing facilities in unsuitable locations. • To allow water-dependent development only if the development— (a) meets a demonstrated demand, and (b) is compatible with the planned character of the locality. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Naval activities; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 9 National Parks and Nature Reserves 1 Objectives of zone • To identify and protect the environmental significance of islands in Sydney Harbour acquired or reserved under the National Parks and Wildlife Act 1974 . • To enable uses of the islands that are authorised under the National Parks and Wildlife Act 1974 . • To facilitate public access to Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island. • To facilitate development on Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island in a way that is compatible with the plan of management prepared under the National Parks and Wildlife Act 1974 in relation to Sydney Harbour National Park. 2 Permitted without consent Aids to navigation; Uses authorised under the National Parks and Wildlife Act 1974 3 Permitted with consent Nil 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Demolition; Dredging; Floating boat platforms; Flora and fauna enclosures; General restoration works; Houseboats; Intertidal dredging; Maintenance dredging; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Reclamation works; Recreational or club facilities; Residential accommodation; Single moorings; Skids; Slipways; Swimming pools; Telecommunications facilities; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs s 6.27: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]. Division 3 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 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 not cause 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 Marinas in 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 marinas 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]. 6.38 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 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]. Division 4 Complying development in Foreshores and Waterways area pt 6.3, div 4: Ins 2022 (629), Sch 1[1]. 6.42 Complying development—floating boat platforms Development for the purposes of floating boat platforms on land in the Foreshores and Waterways Area is complying development if— (a) the floating boat platform will be secured to an existing lawful mooring pen in Zone 6 or 7, and (b) the development complies with the following development standards— (i) a floating boat platform must, at all times, have a minimum seabed clearance of 600mm, without the need for dredging, (ii) a floating boat platform must be located wholly in the mooring pen to which it is secured, (iii) the highest point of a floating boat platform must not be more than 400mm above the water line of the platform when a vessel is berthed on the platform, (iv) a floating boat platform must not include a crane, winch or mechanical device, (v) the development must use neutral or recessive colours, (vi) a floating boat platform must not be located above seagrass or, when being constructed, installed or used, have an adverse impact on seagrass. s 6.42: Ins 2022 (629), Sch 1[1]. 6.43 Complying development—boat sheds, mooring pens, private landing facilities, private landing steps, skids and slipways (1) Maintenance in relation to existing lawful boat sheds, mooring pens, private landing facilities, private landing steps, skids or slipways that are on land in the Foreshores and Waterways Area and are not used for a commercial purpose is complying development if— (a) the maintenance will not be carried out on a heritage item or draft heritage item, and (b) the development complies with the development standards specified in this section. (2) The maintenance must— (a) use materials that are at least equivalent to the quality of the existing approved materials being repaired or replaced, and (b) use recessive colours sympathetic to the existing natural landscape and built form, and (c) satisfy any applicable provisions of AS 4997—2005 , Guidelines for the design of maritime structures , and (d) satisfy any applicable provisions of the Building Code of Australia . (3) If there are no applicable provisions of the Building Code of Australia for subsection (2)(d), the maintenance must— (a) be structurally adequate, and (b) not change the classification of the building under the Building Code of Australia . (4) The maintenance must not— (a) increase the height or site coverage of a building, or (b) result in a pile being left exposed in the zoned waterway, or (c) reduce the amount of light penetration to the water below, or (d) involve disturbance of, or harm to, marine vegetation, an aquatic reserve or the bed of a waterway. (5) Maintenance that involves removing or replacing damaged or degraded piles must also— (a) not cause a deterioration in water quality or dispose of spoil in the waterway, and (b) use silt curtains or similar effective methods to control pollution. (6) Maintenance that involves the repair or replacement of a winch or other device used for lifting a vessel must also not result in a winch or device that is larger in size or capacity than the winch or device being repaired or replaced. (7) In this section— draft heritage item has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . harm , in relation to marine vegetation, has the same meaning as in the Fisheries Management Act 1994 , Part 7A. maintenance means structural repairs, replacement or other maintenance. marine vegetation has the same meaning as in the Fisheries Management Act 1994 . Note— Approvals may be required under the Fisheries Management Act 1994 and the Protection of the Environment Operations Act 1997 . s 6.43: Ins 2022 (629), Sch 1[1]. Division 5 Strategic foreshore sites pt 6.3, div 5: Ins 2022 (629), Sch 1[1]. 6.44 Definitions In this Division— appropriate authority , for a strategic foreshore site, means— (a) if State significant development is proposed to be carried out on the site—the Minister, or (b) otherwise—the council of the local government area that includes, or is nearest to, the strategic foreshore site. master plan means a master plan referred to in section 6.47. strategic foreshore site means a site identified as a strategic foreshore site on the Strategic Foreshore Sites Map . Strategic Foreshore Sites Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Strategic Foreshore Sites Map . s 6.44: Ins 2022 (629), Sch 1[1]. 6.45 Land to which Division applies (1) This Division applies to a strategic foreshore site. (2) In this Division, a reference to a strategic foreshore site includes a reference to the whole of a structure, including a wharf, that is— (a) located partly on land in a strategic foreshore site and partly on waters adjoining the site, and (b) related to the strategic foreshore site. (3) This Division does not apply to— (a) land reserved or acquired under the National Parks and Wildlife Act 1974 or waterfront land that abuts, and is managed in the same way as, that land, or (b) unless the Minister directs otherwise—the City Foreshores Area or Garden Island, as identified on the Strategic Foreshore Sites Map s 6.45: Ins 2022 (629), Sch 1[1]. 6.46 Development to which Division does not apply (1) This Division does not apply to the following development— (a) the change of use of an existing building to another use, (b) the extension or other variation of operating or trading hours, (c) the temporary use of an existing building for 2 years or less, (d) structural or non-structural alterations to the interior of an existing building, (e) minor structural or non-structural alterations to the exterior of an existing building, (f) the erection or installation of a line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure or work in connection with a telecommunications network, other than a structure that, when erected or installed, would be visible from a natural waterbody, (g) the erection or installation of an awning or canopy, (h) the erection of a temporary structure for a period of not more than 60 days, whether consecutive or not, in a period of 12 months, (i) the provision and use of outdoor seating, tables or street furniture, including benches, bollards, public artwork installations, street lights, telephone kiosks and tree surrounds, on a footpath or in a plaza or other public place, (j) the use of the public domain for temporary purposes, including the conduct of a festival, performance or promotion or the exhibition of artworks, for a period of not more than 30 days, whether consecutive or not, in a period of 12 months, (k) the construction of an access way for pedestrians or vehicles and associated works, (l) the erection, installation or display of signage, other than— (i) an advertising structure, or (ii) signage that would be visible from a natural waterbody when erected, installed or displayed, (m) the strata subdivision or neighbourhood subdivision of land in relation to a building or work for which a development consent is in force, except where the land forms part of the public domain or is situated over water, (n) the demolition of a building or structure other than— (i) a heritage item, or (ii) a building or structure identified as a heritage item or an item of environmental heritage in an environmental planning instrument or a heritage study prepared by or on behalf of a consent authority, (o) the demolition of a structure, the erection of which is development to which this Division does not apply, other than demolition associated with a project that was approved under the Act, Part 3A before its repeal, or granted after its repeal under the Act, Schedule 6A or the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2. (2) In this section— existing building does not include an existing temporary structure. neighbourhood subdivision means subdivision by the following, within the meaning of the Community Land Development Act 2021 — (a) a neighbourhood plan, (b) a neighbourhood plan of consolidation, (c) a neighbourhood plan of subdivision. strata subdivision means subdivision by the following, within the meaning of the Strata Schemes Development Act 2015 — (a) a strata plan, (b) a strata plan of consolidation, (c) a strata plan of subdivision. s 6.46: Ins 2022 (629), Sch 1[1]. 6.47 Master plans (1) A master plan for a strategic foreshore site must illustrate and explain, as appropriate, proposals for the following— (a) design principles drawn from an analysis of the site and its context, (b) phasing of development, (c) the distribution of land uses, including foreshore public access and open space, (d) pedestrian, cycle and motor vehicle access and circulation networks, (e) provision for parking, (f) provision for infrastructure, (g) building envelopes and built form controls, (h) heritage conservation, including the implementation of heritage management documents or applicable publicly available policies, (i) remediation of the site, (j) provision of public facilities, (k) provision of open space, including the function and landscaping of the space, (l) any impact on adjoining land reserved or acquired under the National Parks and Wildlife Act 1974 and measures to be taken in relation to the impact, (m) the protection and enhancement of the natural assets of the site and land adjoining the site, (n) the protection and enhancement of natural waterbodies and aquatic ecology on or adjoining the site. (2) A master plan may apply to all or part of a strategic foreshore site. (3) A master plan may apply to part of a strategic foreshore site only if the appropriate authority is satisfied the approval of a master plan for the specified part of the site will not compromise the following matters— (a) the water quality and river flows of natural waterbodies and ground water, (b) ecological connectivity and aquatic ecology, (c) the maintenance and restoration of the natural assets, vantage points and visual qualities of Sydney Harbour, (d) the achievement of the targets set out in Water Quality and River Flow Interim Environmental Objectives: Guidelines for Water Management: Sydney Harbour and Parramatta River Catchment published in 1999 by the Environment Protection Authority, (e) the achievement of the targets set out in the Sydney Harbour Catchment Blueprint published in 2003 by the Department of Land and Water Conservation, (f) the functioning of natural drainage systems on floodplains, (g) existing measures to rehabilitate land and prevent land degradation, (h) the avoidance or minimisation of acid sulfate soil disturbance, (i) public access to foreshores and waterways, (j) the operation of the Foreshores and Waterways Area for industrial and commercial purposes, (k) existing public transport operations and boating facilities, (l) existing protections for heritage items. s 6.47: Ins 2022 (629), Sch 1[1]. 6.48 Preparation of draft master plans (1) A draft master plan for a strategic foreshore site may be prepared by or on behalf of the following— (a) the owner or lessee of the land to which the master plan will apply, (b) the council of the local government area that includes, or is nearest to, the strategic foreshore site (the relevant council ), (c) the Planning Secretary. (2) The following must be consulted during preparation of a draft master plan— (a) the owner or lessee of the land to which the master plan will apply, (b) the relevant council, (c) the Minister, if the master plan— (i) is for a strategic foreshore site located partly or wholly outside a local government area or for which the Minister is the appropriate authority, or (ii) applies only to part of a strategic foreshore site. (3) A draft master plan must be published on the NSW planning portal for at least 21 days before it is approved by the appropriate authority (the exhibition period ). (4) At the beginning of the exhibition period, notice of the draft master plan must be given to the following— (a) the relevant council, (b) the Planning Secretary, (c) public authorities and community organisations the appropriate authority considers relevant to the strategic foreshore site or development on the site. s 6.48: Ins 2022 (629), Sch 1[1]. 6.49 Approval and amendment of master plans (1) Before approving a master plan, the appropriate authority must consider written submissions received during the exhibition period under section 6.48. (2) A master plan approved by the appropriate authority— (a) must be published on the NSW planning portal, and (b) takes effect on the day of the publication. (3) A master plan may be amended by another master plan. (4) An amendment to a master plan may be dealt with concurrently with a development application. s 6.49: Ins 2022 (629), Sch 1[1]. 6.50 Consideration of master plan (1) Development consent must not be granted to development on a strategic foreshore site unless— (a) a master plan has been approved for the strategic foreshore site or for the part of the strategic foreshore site on which the development will be carried out, and (b) the consent authority has considered the master plan. (2) The Minister may determine subsection (1) does not apply to specified development if the Minister is satisfied a master plan is unnecessary because of— (a) the nature of the development, or (b) the fact that the development will affect only a small portion of the relevant strategic foreshore site, having regard to the overall size of the site, or (c) the adequacy of other planning controls applying to the development, or (d) another reason the Minister considers sufficient. (3) The Minister must not make the determination unless the Minister is satisfied the development will not compromise the matters specified in section 6.47(3). (4) If the Minister makes a determination and is not the consent authority for the development, the Minister must give written notice of the determination to the consent authority. s 6.50: Ins 2022 (629), Sch 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 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].

Consent authority s 6.25: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1].

(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

Zoning of Foreshores and Waterways Area pt 6.3, div 2: Ins 2022 (629), Sch 1[1]. 6.26 Zoning of Foreshores and Waterways Area (1) For this Part, land is in one of the following zones if it is shown within the zone on the Foreshores and Waterways Area Map — Zone 1—Maritime Waters Zone 2—Environment Protection Zone 3—Naval Waters Zone 4—Aviation Zone 5—Water Recreation Zone 6—Scenic Waters—Active Use Zone 7—Scenic Waters—Casual Use Zone 8—Scenic Waters—Passive Use Zone 9—National Parks and Nature Reserves (2) A zone boundary that follows the water’s edge, as shown on the Foreshores and Waterways Area Map , is taken to follow the mean high water mark. (3) This section does not affect the zoning, under another environmental planning instrument, of land in the Foreshores and Waterways Area if the land is not included in a zone under this section. s 6.26: Ins 2022 (629), Sch 1[1]. 6.27 Zone objectives and Land Use Table (1) The Land Use Table at the end of this section specifies the following for each zone— (a) the objectives for development, (b) development that may be carried out without development consent, (c) development that may be carried out only with development consent, (d) development that is prohibited. (2) Development not specified in the Table in relation to a zone may be carried out with development consent in the zone if the consent authority is satisfied that the development— (a) is not inconsistent with the objectives for development in the zone, and (b) is not inconsistent with the provisions of another environmental planning instrument, and (c) will not otherwise have adverse impacts. (3) The consent authority must consider the objectives for development in a zone when determining a development application in relation to land in the zone. Land Use Table Zone 1 Maritime Waters 1 Objectives of zone • To give preference to and protect waters required for the effective and efficient movement of commercial shipping, public water transport and maritime industry operations. • To allow development that is compatible with, and will not adversely affect the effective and efficient movement of, commercial shipping, public water transport and maritime industry operations. • To promote the equitable use of the Foreshores and Waterways Area, including use by passive recreation craft. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Flora and fauna enclosures; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 2 Environment Protection 1 Objectives of zone • To protect the natural and cultural values of waters in the zone. • To prevent damage to, or the possibility of long term adverse impact on, the natural and cultural values of waters in the zone and adjoining foreshores. • To enhance and rehabilitate the natural and cultural values of waters in the zone and adjoining foreshores. • To provide for the long term management of the natural and cultural values of waters in the zone and adjoining foreshores. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; General restoration works; Naval activities; Single moorings 3 Permitted with consent Boat launching ramps; Community facilities; Dredging; Flora and fauna enclosures; Maintenance dredging; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 3 Naval Waters 1 Objectives of zone • To ensure effective implementation of the Control of Naval Waters Act 1918 of the Commonwealth. • To restrict development that is incompatible with naval interests. • To allow development that does not jeopardise naval interests. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Uses and activities prohibited under the Control of Naval Waters Act 1918 of the Commonwealth, Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 4 Aviation 1 Objectives of zone • To give preference to and protect waters required for marine aviation activities. • To ensure marine aviation activities safely coexist with other activities and facilities. • To allow development that is compatible with, and will not adversely affect, marine aviation activities. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Marinas; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 5 Water Recreation 1 Objectives of zone • To give preference to and increase public water-dependent development that will promote the enjoyment of, and free access to, the Foreshores and Waterways Area. • To allow development that will enhance public use of waters in the zone and not compromise public use of waters in the zone in the present or future. • To minimise the number, scale and extent of artificial structures, considering the function of the structures. • To allow commercial water-dependent development that— (a) meets a justified demand, and (b) provides benefits to the general and boating public, and (c) results in a visual outcome that is compatible with the planned character of the locality. • To minimise congestion and conflict arising from the use of waters in the zone and the adjoining foreshores. • To protect and preserve beach environments and ensure they are free from artificial structures. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or from areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Naval activities; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Community facilities; Dredging; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 6 Scenic Waters—Active Use 1 Objectives of zone • To allow a range of public and private water-dependent development close to shore only if the development— (a) minimises alienation of waters in the zone from public use, and (b) is not constrained by shallow water depth, navigational conflicts or severe wave action. • To minimise the number and extent of structures over waters in the zone through mechanisms, including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. • To minimise the adverse impact on views to and from waters in the zone and on the scenic values of the locality as a result of the size of vessels capable of being accommodated as a result of development in the zone. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Community facilities; Dredging; Floating boat platforms; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Commercial port facilities; Houseboats; Intertidal dredging; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 7 Scenic Waters—Casual Use 1 Objectives of zone • To allow certain water-dependent development close to shore to meet casual boating needs and other water access needs. • To allow development only if the development— (a) achieves a largely open and unobstructed waterway, and (b) does not dominate the landscape setting. • To restrict development for permanent boat storage in locations that are unsuitable due to— (a) the adverse visual impact of the development, or (b) physical constraints, including shallow water depth, severe wave action and unsafe navigation. • To ensure the scale and size of development are appropriate to the locality • To ensure the scale and size of development protect and improve the natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone and areas of public access. • To maintain and enhance views to and from waters in the zone. • To minimise the number and extent of structures over waters in the zone through mechanisms including the sharing of structures between adjoining waterfront property owners. • To ensure remnant natural features, aquatic ecology and public access along the intertidal zone are not damaged or impaired by development. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Floating boat platforms; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Houseboats; Intertidal dredging; Marinas; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 8 Scenic Waters—Passive Use 1 Objectives of zone • To give preference to unimpeded public access along the intertidal zone, the visual continuity and significance of the landform and the ecological value of waters and foreshores. • To restrict development for permanent boat storage and private landing facilities in unsuitable locations. • To allow water-dependent development only if the development— (a) meets a demonstrated demand, and (b) is compatible with the planned character of the locality. • To ensure the scale and size of development are appropriate to the locality. • To ensure the scale and size of development protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in the zone or areas of public access. 2 Permitted without consent Aids to navigation; Demolition, other than demolition of a heritage item; Flora and fauna enclosures; General restoration works; Maintenance dredging; Single moorings 3 Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Community facilities; Dredging; Naval activities; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs Zone 9 National Parks and Nature Reserves 1 Objectives of zone • To identify and protect the environmental significance of islands in Sydney Harbour acquired or reserved under the National Parks and Wildlife Act 1974 . • To enable uses of the islands that are authorised under the National Parks and Wildlife Act 1974 . • To facilitate public access to Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island. • To facilitate development on Clark Island, Fort Denison, Goat Island, Rodd Island and Shark Island in a way that is compatible with the plan of management prepared under the National Parks and Wildlife Act 1974 in relation to Sydney Harbour National Park. 2 Permitted without consent Aids to navigation; Uses authorised under the National Parks and Wildlife Act 1974 3 Permitted with consent Nil 4 Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Demolition; Dredging; Floating boat platforms; Flora and fauna enclosures; General restoration works; Houseboats; Intertidal dredging; Maintenance dredging; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Reclamation works; Recreational or club facilities; Residential accommodation; Single moorings; Skids; Slipways; Swimming pools; Telecommunications facilities; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs s 6.27: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1].

Zoning of Foreshores and Waterways Area s 6.26: Ins 2022 (629), Sch 1[1].

Zone objectives and Land Use Table s 6.27: Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1].

Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Flora and fauna enclosures; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Uses and activities prohibited under the Control of Naval Waters Act 1918 of the Commonwealth, Water-based restaurants and entertainment facilities; Waterfront access stairs

Permitted with consent Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Dredging; Marinas; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Telecommunications facilities

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Boat sheds; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Reclamation works; Residential accommodation; Skids; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Charter and tourism boating facilities; Community facilities; Dredging; Marinas; Private landing steps; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Telecommunications facilities

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Slipways; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Permitted with consent Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Community facilities; Dredging; Floating boat platforms; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Recreational or club facilities; Skids; Slipways; Telecommunications facilities

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Commercial port facilities; Houseboats; Intertidal dredging; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Houseboats; Intertidal dredging; Marinas; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Floating boat platforms; Houseboats; Intertidal dredging; Marinas; Mooring pens; Private landing facilities; Private swimming enclosures; Reclamation works; Residential accommodation; Swimming pools; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

Prohibited Above-water boat lifts; Advertisements; Advertising structures; Aviation facilities; Boat building and repair facilities; Boat launching ramps; Boat lifts; Boat sheds; Charter and tourism boating facilities; Commercial port facilities; Community facilities; Demolition; Dredging; Floating boat platforms; Flora and fauna enclosures; General restoration works; Houseboats; Intertidal dredging; Maintenance dredging; Marinas; Mooring pens; Naval activities; Private landing facilities; Private landing steps; Private swimming enclosures; Public boardwalks; Public water recreational facilities; Public water transport facilities; Reclamation works; Recreational or club facilities; Residential accommodation; Single moorings; Skids; Slipways; Swimming pools; Telecommunications facilities; Tourist facilities; Water-based restaurants and entertainment facilities; Waterfront access stairs

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 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 not cause 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 Marinas in 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 marinas 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]. 6.38 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 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].

Rocky foreshores and significant seagrasses s 6.32: Ins 2022 (629), Sch 1[1].

(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 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 not cause physical damage to aquatic ecology.

Mooring pens s 6.35: Ins 2022 (629), Sch 1[1].

(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.

Marinas in 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 marinas 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].

Marinas and boat building and repair facilities in Zone 2 s 6.38: Ins 2022 (629), Sch 1[1].

(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 .

Sydney Drinking Water Catchment pt 6.5: Ins 2022 (629), Sch 1[1]. 6.58 Objectives of Part The objectives of this Part are— (a) to provide for healthy water catchments that will deliver high quality water to the Sydney area while also permitting compatible development, and (b) to provide for development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.58: Ins 2022 (629), Sch 1[1]. 6.59 Definitions In this Part— NorBE Guideline means the document titled Neutral or Beneficial Effect on Water Quality Assessment Guideline 2022 published by Water NSW on the date on which State Environmental Planning Policy Amendment (Water Catchments) 2022 commences. NorBE Tool means the tool titled Neutral or Beneficial Effect on Water Quality Assessment Tool set out in Appendix 1 to the NorBE Guideline. Regulatory Authority has the same meaning as in the Water NSW Act 2014 . s 6.59: Ins 2022 (629), Sch 1[1]. 6.60 Declaration of Sydney drinking water catchment For the Act, section 3.26(1), the Sydney catchment area, within the meaning of the Water NSW Act 2014 , is declared to be the Sydney drinking water catchment. Note— The Water NSW Act 2014 , Schedule 2, clause 17 provides that the Sydney catchment area is taken to be the area defined as the catchment area under the repealed Sydney Water Catchment Management Act 1998 (the repealed Act ). Declarations under the repealed Act, section 41 were published in Government Gazette No 76 of 2 July 1999, pp 4648 and 4649. s 6.60: Ins 2022 (629), Sch 1[1]. 6.61 Requirement of neutral or beneficial effect on water quality (1) Development consent must not be granted to development relating to any part of the Sydney Drinking Water Catchment unless the consent authority is satisfied the carrying out of the development would have a neutral or beneficial effect on water quality. Note— See the Act, section 3.26(2). (2) For the purposes of determining whether the carrying out of the development would have a neutral or beneficial effect on water quality, the consent authority must, if the development is development to which the NorBE Tool applies, undertake an assessment using the NorBE Tool. (3) The NorBE Tool applies to development requiring development consent under the Act, Part 4, other than State significant development. s 6.61: Ins 2022 (629), Sch 1[1]. 6.62 Neutral or beneficial effect on water quality—extension or expansion of existing development (1) This section applies if— (a) development consent was granted to continuing development (the existing development consent ), and (b) a development application is made for development consent to development to extend or expand the continuing development (the additional development ), and (c) the development application is made before the authority conferred by the existing development consent expires or is exhausted. (2) For section 6.61(1), the carrying out of the additional development will have a neutral or beneficial effect on water quality if it will have the same or a lesser adverse impact on water quality than the adverse impact the continuing development would have if it were extended or expanded under similar conditions to the existing development consent. Note— See the Act, section 3.26(2A). (3) This section extends to an existing development consent that will be surrendered if development consent is granted to the additional development. (4) In this section, a reference to an existing development consent includes a reference to a project that was approved under the Act, Part 3A before its repeal, or granted after its repeal under the Act, Schedule 6A or the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 , Schedule 2. (5) In this section— continuing development means development for which development consent was limited to the carrying out of the development for a particular time, in a particular area or at a particular intensity, but which was likely to be the subject of future applications for development consent for its extension or expansion. Example— Development for the purposes of mining could be continuing development. s 6.62: Ins 2022 (629), Sch 1[1]. 6.63 Requirement of consistency with NorBE Guideline Development consent must not be granted to development on land in the Sydney Drinking Water Catchment unless the consent authority is satisfied the development is consistent with the NorBE Guideline. s 6.63: Ins 2022 (629), Sch 1[1]. 6.64 Concurrence of Regulatory Authority (1) Development consent must not be granted to development on land in the Sydney Drinking Water Catchment unless the consent authority has obtained the concurrence of the Regulatory Authority. (2) For the Act, section 3.18(3), the Regulatory Authority must consider the following matters in deciding whether to grant concurrence— (a) the NorBE Guideline, (b) whether the development will have a neutral or beneficial effect on water quality. (3) The consent authority must, within 10 days after determining a development application that required the concurrence of the Regulatory Authority, give a copy of the determination of the development application to the Regulatory Authority. (4) This section does not apply if the consent authority is satisfied the development has no potential impact on water quality. s 6.64: Ins 2022 (629), Sch 1[1].

Objectives of Part The objectives of this Part are— (a) to provide for healthy water catchments that will deliver high quality water to the Sydney area while also permitting compatible development, and (b) to provide for development in the Sydney Drinking Water Catchment to have a neutral or beneficial effect on water quality. s 6.58: Ins 2022 (629), Sch 1[1].

Definitions In this Part— NorBE Guideline means the document titled Neutral or Beneficial Effect on Water Quality Assessment Guideline 2022 published by Water NSW on the date on which State Environmental Planning Policy Amendment (Water Catchments) 2022 commences. NorBE Tool means the tool titled Neutral or Beneficial Effect on Water Quality Assessment Tool set out in Appendix 1 to the NorBE Guideline. Regulatory Authority has the same meaning as in the Water NSW Act 2014 . s 6.59: Ins 2022 (629), Sch 1[1].

Koala use tree species—Chapter 4 (section 4.9) sch 3, hdg: Am 2022 (248), Sch 2[5]. Central and Southern Tablelands koala management area Scientific name Common name(s) Eucalyptus agglomerata Blue-leaved Stringybark Eucalyptus albens White Box Eucalyptus amplifolia Cabbage Gum Eucalyptus blakelyi Blakely’s Red Gum Eucalyptus bosistoana Coast Grey Box Eucalyptus bridgesiana Apple Box Eucalyptus camaldulensis River Red Gum Eucalyptus conica Fuzzy Box Eucalyptus cypellocarpa Monkey Gum Eucalyptus dalrympleana Mountain Gum Eucalyptus dealbata Tumbledown Red Gum Eucalyptus dives Broad-leaved Peppermint Eucalyptus elata River Peppermint Eucalyptus eugenioides Narrow-leaved Stringybark Eucalyptus fibrosa Broad-leaved Red Ironbark Eucalyptus globoidea White Stringybark Eucalyptus goniocalyx Bundy Eucalyptus macrorhyncha Red Stringybark Eucalyptus maidenii Maiden’s Blue Gum Eucalyptus mannifera Brittle Gum Eucalyptus melliodora Yellow Box Eucalyptus microcarpa Western Grey Box Eucalyptus nortonii Large-flowered Bundy Eucalyptus obliqua Messmate Eucalyptus oblonga Stringybark Eucalyptus paniculata Grey Ironbark Eucalyptus pauciflora White Sally, Snow Gum Eucalyptus piperita Sydney Peppermint Eucalyptus polyanthemos Red Box Eucalyptus punctata Grey Gum Eucalyptus quadrangulata White-topped Box Eucalyptus radiata Narrow leaved Peppermint Eucalyptus rossii Inland Scribbly Gum Eucalyptus rubida Candlebark Eucalyptus sclerophylla Hard-leaved Scribbly Gum Eucalyptus sideroxylon Mugga Ironbark Eucalyptus sieberi Silvertop Ash Eucalyptus tereticornis Forest Red Gum Eucalyptus viminalis Ribbon Gum Central Coast koala management area Scientific name Common name(s) Allocasuarina littoralis Black She-oak Allocasuarina torulosa Forest Oak Angophora bakeri Narrow-leaved Apple Angophora costata Smooth-barked Apple Angophora floribunda Rough-barked Apple Casuarina glauca Swamp Oak Corymbia eximia Yellow Bloodwood Corymbia gummifera Red Bloodwood Corymbia maculata Spotted Gum Eucalyptus acmenoides White Mahogany Eucalyptus agglomerata Blue-leaved Stringybark Eucalyptus albens White Box Eucalyptus amplifolia Cabbage Gum Eucalyptus beyeriana Beyer’s Ironbark Eucalyptus blakelyi Blakely’s Red Gum Eucalyptus bosistoana Coast Grey Box Eucalyptus botryoides Bangalay Eucalyptus camaldulensis River Red Gum Eucalyptus camfieldii Camfield’s Stringybark Eucalyptus canaliculata Large-fruited Grey Gum Eucalyptus capitellata Brown Stringybark Eucalyptus carnea Thick-leaved Mahogany Eucalyptus consideniana Yertchuk Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus cypellocarpa Monkey Gum Eucalyptus deanei Mountain Blue Gum Eucalyptus eugenioides Narrow-leaved Stringybark Eucalyptus fibrosa Broad-leaved Red Ironbark Eucalyptus glaucina Slaty Red Gum Eucalyptus globoidea White Stringybark Eucalyptus grandis Flooded Gum Eucalyptus haemastoma Broad-leaved Scribbly Gum Eucalyptus imitans Eucalyptus imitans Eucalyptus largeana Craven Grey Box Eucalyptus longifolia Woollybutt Eucalyptus macrorhyncha Red Stringybark Eucalyptus melliodora Yellow Box Eucalyptus michaeliana Brittle Gum Eucalyptus microcorys Tallowwood Eucalyptus moluccana Grey Box Eucalyptus oblonga Stringybark Eucalyptus paniculata Grey Ironbark Eucalyptus parramattensis Parramatta Red Gum Eucalyptus pilularis Blackbutt Eucalyptus piperita Sydney Peppermint Eucalyptus propinqua Small-fruited Grey Gum Eucalyptus punctata Grey Gum Eucalyptus quadrangulata White-topped Box Eucalyptus racemosa Narrow-leaved Scribbly Gum Eucalyptus resinifera Red Mahogany Eucalyptus robusta Swamp Mahogany Eucalyptus saligna Sydney Blue Gum Eucalyptus scias Large-fruited Red Mahogany Eucalyptus sclerophylla Hard-leaved Scribbly Gum Eucalyptus siderophloia Grey Ironbark Eucalyptus sideroxylon Mugga Ironbark Eucalyptus sieberi Silvertop Ash Eucalyptus signata Scribbly Gum Eucalyptus sparsifolia Narrow-leaved Stringybark Eucalyptus squamosa Scaly Bark Eucalyptus tereticornis Forest Red Gum Eucalyptus umbra Bastard White Mahogany Eucalyptus viminalis Ribbon Gum Melaleuca quinquenervia Broad-leaved Paperbark Syncarpia glomulifera Turpentine Darling Riverine Plains koala management area Scientific name Common name(s) Callitris glaucophylla White Cypress Pine Eucalyptus albens White Box Eucalyptus camaldulensis River Red Gum Eucalyptus chloroclada Dirty Gum Eucalyptus conica Fuzzy Box Eucalyptus coolabah Coolibah Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus dealbata Tumbledown Red Gum Eucalyptus dwyeri Dwyer’s Red Gum Eucalyptus largiflorens Black Box Eucalyptus melanophloia Silver-leaved Ironbark Eucalyptus melliodora Yellow Box Eucalyptus microcarpa Western Grey Box Eucalyptus pilligaensis Narrow-leaved Grey Box Eucalyptus populnea Bimble Box, Poplar Box Eucalyptus sideroxylon Mugga Ironbark Far West koala management area Scientific name Common name(s) Angophora floribunda Rough-barked Apple Callitris glaucophylla White Cypress Pine Casuarina cristata Belah Eucalyptus albens White Box Eucalyptus blakelyi Blakely’s Red Gum Eucalyptus camaldulensis River Red Gum Eucalyptus chloroclada Dirty Gum Eucalyptus coolabah Coolibah Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus dealbata Tumbledown Red Gum Eucalyptus intertexta Gum Coolibah Eucalyptus largiflorens Black Box Eucalyptus melanophloia Silver-leaved Ironbark Eucalyptus melliodora Yellow Box Eucalyptus microcarpa Western Grey Box Eucalyptus moluccana Grey Box Eucalyptus pilligaensis Narrow-leaved Grey Box Eucalyptus populnea Bimble Box Eucalyptus sideroxylon Mugga Ironbark Geijera parviflora Wilga North Coast koala management area Scientific name Common name(s) Allocasuarina torulosa Forest Oak Angophora floribunda Rough-barked Apple Corymbia gummifera Red Bloodwood Corymbia henryi Large-leaved Spotted Gum Corymbia intermedia Pink Bloodwood Corymbia maculata Spotted Gum Eucalyptus acmenoides White Mahogany Eucalyptus amplifolia Cabbage Gum Eucalyptus bancroftii Orange Gum Eucalyptus biturbinata Grey Gum Eucalyptus campanulata New England Blackbutt Eucalyptus canaliculata Large-fruited Grey Gum Eucalyptus carnea Thick-leaved Mahogany Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus eugenoides Narrow-leaved stringybark Eucalyptus fibrosa Broad-leaved Red Ironbark Eucalyptus glaucina Slaty Red Gum Eucalyptus globoidea White Stringybark Eucalyptus grandis Flooded Gum Eucalyptus laevopinea Silver-top Stringybark Eucalyptus largeana Craven Grey Box Eucalyptus microcorys Tallowwood Eucalyptus moluccana Grey Box Eucalyptus nobilis Forest Ribbon Gum Eucalyptus pilularis Blackbutt Eucalyptus placita Grey Ironbark Eucalyptus planchoniana Bastard Tallowwood Eucalyptus propinqua Small-fruited Grey Gum Eucalyptus psammitica Bastard White Mahogany Eucalyptus punctata Grey Gum Eucalyptus resinifera Red Mahogany Eucalyptus robusta Swamp Mahogany Eucalyptus rummeryi Steel Box Eucalyptus saligna Sydney Blue Gum Eucalyptus scias Large-fruited Red Mahogany Eucalyptus seeana Narrow-leaved Red Gum Eucalyptus siderophloia Grey Ironbark Eucalyptus signata/Eucalyptus racemosa Scribbly Gum/Narrow-leaved Scribbly Gum Eucalyptus tereticornis Forest Red Gum Eucalyptus tindaliae Stringybark Eucalyptus umbra Bastard White Mahogany Melaleuca quinquenervia Broad-leaved Paperbark Northwest Slopes koala management area Scientific name Common name(s) Angophora floribunda Rough-barked Apple Callitris glaucophylla White Cypress Pine Casuarina cristata Belah Eucalyptus albens White Box Eucalyptus blakelyi Blakely’s Red Gum Eucalyptus bridgesiana Apple Box Eucalyptus caleyi Drooping Ironbark Eucalyptus caliginosa Broad-leaved Stringybark Eucalyptus camaldulensis River Red Gum Eucalyptus canaliculata Large-fruited Grey Gum Eucalyptus chloroclada Dirty Gum Eucalyptus conica Fuzzy Box Eucalyptus coolabah Coolibah Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus dalrympleana Mountain Gum Eucalyptus dealbata Tumbledown Red Gum Eucalyptus dwyeri Dwyer’s Red Gum Eucalyptus exserta Peppermint Eucalyptus fibrosa Broad-leaved Red Ironbark Eucalyptus goniocalyx Bundy Eucalyptus laevopinea Silver-top Stringybark Eucalyptus largiflorens Black Box Eucalyptus macrorhyncha Red Stringybark Eucalyptus mannifera Brittle Gum Eucalyptus melanophloia Silver-leaved Ironbark Eucalyptus melliodora Yellow Box Eucalyptus microcarpa Western Grey Box Eucalyptus moluccana Grey Box Eucalyptus nobilis Forest Ribbon Gum Eucalyptus parramattensis Parramatta Red Gum Eucalyptus pauciflora White Sally, Snow Gum Eucalyptus pilligaensis Narrow-leaved Grey Box Eucalyptus polyanthemos Red Box Eucalyptus populnea Bimble Box/Poplar Box Eucalyptus prava Orange Gum Eucalyptus punctata Grey Gum Eucalyptus quadrangulata White-topped Box Eucalyptus sideroxylon Mugga Ironbark Eucalyptus viminalis Ribbon Gum Northern Tablelands koala management area Scientific name Common name(s) Allocasuarina littoralis Black She-oak Angophora floribunda Rough-barked Apple Callitris glaucophylla White Cypress Pine Eucalyptus acaciiformis Wattle-leaved Peppermint Eucalyptus albens White Box Eucalyptus amplifolia Cabbage Gum Eucalyptus biturbinata Grey Gum Eucalyptus blakelyi Blakely’s Red Gum Eucalyptus bridgesiana Apple Box Eucalyptus brunnea Mountain Blue Gum Eucalyptus caleyi Drooping Ironbark Eucalyptus caliginosa Broad-leaved Stringybark Eucalyptus camaldulensis River Red Gum Eucalyptus campanulata New England Blackbutt Eucalyptus crebra Narrow-leaved Ironbark Eucalyptus dalrympleana Mountain Gum Eucalyptus dealbata Tumbledown Red Gum Eucalyptus eugenioides Narrow-leaved Stringybark Eucalyptus laevopinea Silver-top Stringybark Eucalyptus macrorhyncha Red Stringybark Eucalyptus melanophloia Silver-leaved Ironbark Eucalyptus melliodora Yellow Box Eucalyptus michaeliana Brittle Gum Eucalyptus microcorys Tallowwood Eucalyptus moluccana Grey Box Eucalyptus nicholii Narrow-leaved Black Peppermint Eucalyptus nobilis Forest Ribbon Gum Eucalyptus nova-anglica New England Peppermint Eucalyptus obliqua Messmate Eucalyptus pauciflora White Sally, Snow Gum Eucalyptus prava Orange Gum Eucalyptus radiata Narrow leaved Peppermint Eucalyptus saligna Sydney Blue Gum Eucalyptus sideroxylon Mugga Ironbark Eucalyptus stellulata Black Sally Eucalyptus subvelutina Broad-leaved Apple Eucalyptus tereticornis Forest Red Gum Eucalyptus viminalis Ribbon Gum Eucalyptus williamsiana Eucalyptus williamsiana Eucalyptus youmanii Youman’s Stringybark Riverina koala management area Scientific name Common name(s) Callitris glaucophylla White Cypress Pine Casuarina cristata Belah Eucalyptus albens White Box Eucalyptus camaldulensis River Red Gum Eucalyptus intertexta Gum Coolibah Eucalyptus largiflorens Black Box Eucalyptus melliodora Yellow Box Eucalyptus microcarpa Western Grey Box Eucalyptus populnea Bimble Box South Coast koala management area Scientific name Common name(s) Allocasuarina littoralis Black She-oak Angophora floribunda Rough-barked Apple Corymbia gummifera Red Bloodwood Corymbia maculata Spotted Gum Eucalyptus agglomerata Blue-leaved Stringybark Eucalyptus baueriana Blue Box Eucalyptus bosistoana Coast Grey Box Eucalyptus consideniana Yertchuk Eucalyptus cypellocarpa Monkey Gum Eucalyptus elata River Peppermint Eucalyptus eugenioides Narrow-leaved Stringybark Eucalyptus fastigata Brown Barrel Eucalyptus globoidea White Stringybark Eucalyptus longifolia Woollybutt Eucalyptus maidenii Maiden’s Blue Gum Eucalyptus muelleriana Yellow Stringybark Eucalyptus obliqua Messmate Eucalyptus paniculata Grey Ironbark Eucalyptus pilularis Blackbutt Eucalyptus piperita Sydney Peppermint Eucalyptus punctata Grey Gum Eucalyptus saligna Sydney Blue Gum Eucalyptus sclerophylla Hard-leaved Scribbly Gum Eucalyptus sieberi Silvertop Ash Eucalyptus tereticornis Forest Red Gum Eucalyptus tricarpa Mugga (Red) Ironbark Eucalyptus viminalis Ribbon Gum

Dictionary for Chapter 5 (section 5.5) abbreviations of agencies: C&NR (Vic) means the Victorian Department of Conservation and Natural Resources. CaLM means the NSW Department of Conservation and Land Management. DoP means the NSW Department of Planning. DWR means the NSW Department of Water Resources. EPA means the NSW Environment Protection Authority. Forestry Commission means the Forestry Commission of New South Wales. MDBC means the Murray-Darling Basin Commission. MSB means the NSW Maritime Services Board—Maritime Authority of NSW. NPWS means the National Parks and Wildlife Service. NSW Agriculture means the NSW Department of Agriculture. P&D (Vic) means the Victorian Department of Planning and Development. PWD means the NSW Public Works Department. RWC (Vic) means the Rural Water Corporation of Victoria. bank means a change of slope that defines the extent of the bed of the River Murray. bed means the land which contains the River Murray, including that which is alternately inundated or left bare from a rise or fall in the supply of water, but does not include any land inundated only in time of flood. consent authority means the Council for the local government area in which the proposed development is to be carried out. development is defined in the Act. Note. See also section 5.5(2). The expression means, in relation to land— (a) the erection of a building on that land, (b) the carrying out of a work in, on, over or under that land, (c) the use of that land or of a building or work on that land, and (d) the subdivision of that land. Land includes a bay, inlet, lagoon, lake or body of water, a river, stream or watercourse. flood liable land means land identified on the map as flood liable land. hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality— (a) to human health, life or property, or (b) to the biophysical environment. hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality— (a) to human health, life or property, or (b) to the biophysical environment. offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. potentially hazardous industry means an industry which, if it were to operate without employing any measures (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality— (a) to human health, life or property, or (b) to the biophysical environment, and includes a hazardous industry and the use of a hazardous storage establishment. potentially offensive industry means an industry which, if it were to operate without employing any measures (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and the use of an offensive storage establishment. public authority means a public or local authority constituted by or under any Act, a Government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body and also includes a public or local authority constituted under any Act of the Parliament of the Commonwealth, Victoria or South Australia, a government department of the Commonwealth, Victoria or South Australia, a statutory body representing the Crown in right of the Commonwealth, Victoria or South Australia and a person exercising functions on behalf of any such authority, department or body. River Management Plan means any development control plan, plan of management, study, strategy, guideline or the like, which has undergone a public participation process, which is consistent with the aims, objectives and principles of this Chapter and which is endorsed by the MDBC. the Act means the Environmental Planning and Assessment Act 1979 . the map means the map marked “ Murray Regional Environmental Plan No 2—Riverine Land ” (consisting of an index map and sheets 1–19, 21, 23 and 25–42) deposited in the office of the Department of Planning. Vegetation Management Plan means a plan which is prepared in accordance with guidelines issued by the DoP for such plans and which is approved by CaLM.

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. 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 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 marina. boat storage facility includes— (a) a 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. 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 means a portable floating platform constructed from lightweight materials and secured to a mooring pen or a private landing facility that is used to store, above the water line, vessels that are not more than 6m in length. 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. 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. 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 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 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 generally 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 generally 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 only 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. 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 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 marina. Special Purposes (Marinas and Boat Building and Repair Facilities) Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Special Purposes (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 only 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].