Changes commencing July 1st, 2026
Comparing the consolidation as at March 6th, 2026 with July 1st, 2026 · 66 changes
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 Greater Sydney 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]. Am 2026 (79), Sch 1[44]. 6.59 Definitions In this Part— NorBE Guideline means the document titled Neutral or Beneficial Effect on Water Quality Assessment Guideline 2026 published by Water NSW in January 2026. 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]. Am 2026 (79), Sch 1[45]. 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2, clause 17 provides that the Sydney catchment area is taken to be the area defined as the catchment area under the repealed Sydney Water Catchment Management Act 1998 (the repealed Act ). Declarations under the repealed Act, section 41 were published in Government Gazette No 76 of 2 July 1999, pp 4648 and 4649.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
Based on content from the New South Wales Legislation website sourced at 2026-07-01. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
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 Greater Sydney 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]. Am 2026 (79), Sch 1[44]. 6.59 Definitions In this Part— NorBE Guideline means the document titled Neutral or Beneficial Effect on Water Quality Assessment Guideline 2026 published by Water NSW in January 2026. 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]. Am 2026 (79), Sch 1[45]. 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 s 6.64: Ins 2022 (629), Sch 1[1]. Rep 2026 (286), Sch 1.1[4].