Protect Sydney Harbour's natural, scenic, heritage and working-harbour values in foreshore proposals.
Applies to: Land within the Foreshores and Waterways Area as defined in SEPP (Biodiversity and Conservation) 2021When preparing a planning proposal for land in the Sydney Harbour Foreshores and Waterways Area, the authority must consider whether the proposal is consistent with principles treating the Harbour as a protected public resource. It must enable protection of natural assets, public foreshore access, retention of working harbour uses, and recognise the Harbour's heritage significance. It must also meet the NSW Water Quality and River Flow Objectives for Sydney Harbour and Parramatta River.
This direction is one of the Section 9.1 Ministerial Planning Directions that govern how councils and other planning proposal authorities prepare planning proposals (the documents that change local environmental plans). It applies only to land within the Sydney Harbour "Foreshores and Waterways Area" as mapped and defined in SEPP (Biodiversity and Conservation) 2021. Its purpose is to make sure any rezoning or LEP change around Sydney Harbour protects the harbour's natural, scenic, environmental, cultural and heritage values, manages climate-related risks like sea level rise, keeps public access to the foreshore, and preserves the harbour as a working harbour and transport corridor.
Planning proposal authorities (usually councils, but also other bodies) preparing a planning proposal for land within the Sydney Harbour Foreshores and Waterways Area. It is a plan-making direction, not a development-assessment control on individual DAs.
It is triggered when a planning proposal authority prepares a planning proposal for land within the Foreshores and Waterways Area as defined in SEPP (Biodiversity and Conservation) 2021.
A planning proposal may be inconsistent only if the authority satisfies the Planning Secretary (or a nominated officer) that the inconsistent provisions are: justified by a strategy approved by the Planning Secretary that considers the direction's objectives and identifies the relevant land; or justified by a study prepared in support that considers the objectives; or in accordance with a relevant regional or district strategic plan prepared under Division 3.1 of the EP&A Act 1979; or of minor significance.
Defined by reference to the Foreshores and Waterways Area in SEPP (Biodiversity and Conservation) 2021. Requires meeting targets in the NSW Water Quality and River Flow Objectives: Sydney Harbour and Parramatta River. Refers to regional and district strategic plans under Division 3.1 of the Environmental Planning and Assessment Act 1979, and adopts the meanings of "conservation" and "relic" from the Heritage Act 1977.
Must consider whether the proposal is consistent with the principles that Sydney Harbour is a public resource owned by the public, that the public good has precedence over the private good, and that protection of the harbour's natural assets has precedence over all other interests.
The proposal must enable the protection, maintenance and enhancement of the natural assets and unique environmental, visual and cultural qualities of Sydney Harbour, its islands and foreshores.
Must enable increased, maintained or improved public access to and along the foreshore and waterways for recreation, while minimising impact on watercourses, wetlands, riparian lands and remnant vegetation.
Must enable retention of foreshore land for existing and future working harbour uses, compatible use of adjacent foreshore land, links between water-based and land-based public transport, and provision of public boating facilities.
Must recognise Sydney Harbour as a place of exceptional heritage significance, including Aboriginal significance, conserving significant fabric, settings, relics, views, and archaeological and Aboriginal heritage sites.
This direction does not apply to Kiama. It is confined to land within the Sydney Harbour Foreshores and Waterways Area as defined in SEPP (Biodiversity and Conservation) 2021, which covers Sydney Harbour, its islands and foreshores — a geography that does not include the Kiama LGA on the Illawarra/South Coast. Kiama's coastal foreshore and waterway issues are instead governed by other instruments (such as coastal management and coastal hazard provisions), not this direction.
3.9 Sydney Harbour Foreshores and Waterways Area Objective The objectives of this direction are to: (a) protect and enhance the natural assets and unique environmental, scenic and visual qualities of Sydney Harbour and its islands and foreshores (b) minimise risk to development from rising sea levels or changing flood patterns as a result of climate change (c) ensure the protection, maintenance and rehabilitation of watercourses, wetlands, riparian lands, remnant vegetation and ecological connectivity (d) protect or enhance terrestrial and aquatic species, populations and ecological communities, including by avoiding physical damage to, or shading of, aquatic vegetation, (e) promote the equitable use of the Foreshores and Waterways Area (f) protect the cultural heritage significance of Sydney Harbour, its islands and foreshores (g) ensure a prosperous working harbour and effective transport corridor; and (h) encourage a culturally rich and vibrant place for people. Application This direction applies when a planning proposal authority prepares a planning proposal for land within the Foreshores and Waterways Area as defined in the State Environmental Planning Policy (Biodiversity and Conservation) 2021. Direction 3.9 (1) When preparing a planning proposal, the planning proposal authority must consider whether the planning proposal: (a) is consistent with the following principles: i. Sydney Harbour is a public resource, owned by the public, to be protected for the public good, and ii. the public good has precedence over the private good, and iii. the protection of the natural assets of Sydney Harbour has precedence over all other interests, and (b) enables the following: i. the protection, maintenance and enhancement of the natural assets and unique environmental, visual, and cultural qualities of Sydney Harbour and its islands and foreshores, and ii. increased, maintained, or improved public access to and along the foreshore and to and from the waterways for public recreational purposes, while minimising impact on watercourses, wetlands, riparian lands and remnant vegetation, and iii. the retention of foreshore land to meet existing and future demand for working harbour uses, and iv. public access along foreshore land that does not interfere with industrial or commercial maritime uses, and v. foreshore land adjacent to land used for industrial or commercial maritime purposes is used for compatible purposes, and vi. links between water-based public transport and land-based public transport at appropriate public spaces along the waterfront, and vii. the provision and use of public boating facilities along the waterfront, and (c) recognises and protects Sydney Harbour and its islands and foreshores as places of exceptional heritage significance by: i. acknowledging the significance of Sydney Harbour for local Aboriginal communities and the role it played in European occupation, and ii. conserving the significant fabric, settings, relics and views associated with the heritage significance of heritage items, and iii. protecting the natural, scenic, environmental and cultural qualities of the Foreshores and Waterways Area, and iv. conserving archaeological sites and places of Aboriginal heritage significance. (d) meets the targets set out in the NSW Water Quality and River Flow Objectives: Sydney Harbour and Parramatta River, as published by the Department of Planning and Environment. Consistency A planning proposal may be inconsistent with the terms of this direction only if the planning proposal authority can satisfy the Planning Secretary (or an officer of the Department nomin ated by the Secretary) that the provisions of the planning proposal that are inconsistent are: (a) justified by a strategy approved by the Planning Secretary which: i. gives consideration to the objectives of this direction, and ii. identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), or (b) justified by a study prepared in support of the planning proposals which gives consideration to the objectives of this direction, or (c) in accordance with any relevant regional strategic plan or district strategic plan, prepared under Division 3.1 of the Environmental Planning and Assessment Act 1979 by the relevant strategic planning authority, or (d) of minor significance. Note: In this direction: conservation and relic have the same meaning as in the Heritage Act 1977. Date commenced: 21 November 2022
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.
Must meet the targets in the NSW Water Quality and River Flow Objectives: Sydney Harbour and Parramatta River, as published by the Department of Planning and Environment.
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.