State Environmental Planning Policy (Biodiversity and Conservation) 2021

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) (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]. Am 2026 (79), Sch 1[29]. 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 s 6.10: Ins 2022 (629), Sch 1[1]. Rep 2026 (286), Sch 1.1[4]. 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 Commercial and private marinas In deciding whether to grant development consent to development for the purposes of commercial and private 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]. Am 2026 (79), Sch 1[30] [31]. 6.19 Moorings (1) Development for the purposes of moorings may be carried out with development consent in the Georges River Catchment and the Hawkesbury-Nepean Catchment. (2) In deciding whether to grant development consent, 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. (3) Development consent must not be granted to development for the purposes of moorings in seagrass in the Georges River Catchment. (4) Development consent must not be granted to development for the purposes of moorings in the Hawkesbury-Nepean Catchment unless the consent authority is satisfied the development will not have an adverse impact on seagrass. s 6.19: Ins 2022 (629), Sch 1[1]. Subst 2026 (79), Sch 1[32]. 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, other than land in the Foreshores and Waterways Area, 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]. Am 2026 (79), Sch 1[33].