Coastal-zone proposals must follow coastal law and avoid intensifying hazard-prone land.
Applies to: Planning proposals on land within the NSW coastal zoneWhen a planning proposal applies to land in the coastal zone, it must be consistent with the Coastal Management Act 2016, the NSW Coastal Management Manual, the Coastal Design Guidelines and any certified Coastal Management Program. Proposals must not rezone land to enable more intensive use within coastal vulnerability areas, coastal hazard land, or coastal wetlands and littoral rainforest areas. Amendments to coastal area maps must be backed by evidence in a certified program or plan.
Direction 4.2 is a ministerial planning direction that requires councils and other planning proposal authorities to protect and manage the NSW coastal zone whenever they propose changes to a local environmental plan (LEP) that affect coastal land. In plain terms, when a council drafts a rezoning or other planning proposal covering land inside the coastal zone, the proposal must be built around, and consistent with, the coastal management legislation and its supporting guidance (the Coastal Management Act 2016, the Coastal Management Manual and Toolkit, the Coastal Design Guidelines and any certified Coastal Management Program).
The direction has two strong prohibitions. A planning proposal must not rezone land in a way that would allow more or more intensive development where that land is in a coastal vulnerability area, is otherwise identified as coastal-hazard affected, or is in a coastal wetlands and littoral rainforests area. It also sets the ground rules for amending the four coastal-zone maps in the Resilience and Hazards SEPP: such changes are allowed, but only if supported by evidence in a Minister-certified Coastal Management Program (or a still-operative Coastal Zone Management Plan).
The consequence of ignoring the direction is that the planning proposal would be inconsistent with a direction issued under the EP&A Act, which can hold up or prevent the LEP amendment unless the authority can persuade the Planning Secretary that a limited exception applies. It is a control focused on keeping intensification away from hazard-prone and environmentally sensitive coastal land, and on ensuring map changes rest on proper coastal studies.
Planning proposal authorities (typically councils, and other relevant/strategic planning authorities) preparing planning proposals for LEPs that apply to land within the NSW coastal zone. The Planning Secretary (or nominee) administers the consistency exception, and the Minister administering the Coastal Management Act must recommend any LEP provision identifying a coastal management area.
It is triggered when a planning proposal authority prepares a planning proposal applying to land within the coastal zone as defined by the Coastal Management Act 2016 — that is, the coastal wetlands and littoral rainforests area, coastal vulnerability area, coastal environment area and coastal use area, as identified by chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021.
A planning proposal may be inconsistent only if the planning proposal authority satisfies the Planning Secretary (or nominee) that the inconsistent provisions are: (a) justified by a study or strategy prepared in support of the proposal that considers the direction's objective; (b) in accordance with a relevant Regional or District Strategic Plan under Division 3.1 of the EP&A Act that considers the objective; or (c) of minor significance.
Ties directly to the Coastal Management Act 2016 (objects, coastal management areas, section 10(2), Schedule 3 clause 4), the State Environmental Planning Policy (Resilience and Hazards) 2021 chapter 2 (which maps and identifies the coastal zone areas), the NSW Coastal Management Manual and Toolkit, section 3.2 of the NSW Coastal Design Guidelines 2023, certified Coastal Management Programs, Coastal Zone Management Plans continuing under the former Coastal Protection Act 1979, and Regional/District Strategic Plans under Division 3.1 of the EP&A Act.
The proposal must include provisions consistent with the objects of the Coastal Management Act 2016, the objectives of the relevant coastal management areas, the NSW Coastal Management Manual and Toolkit, section 3.2 of the NSW Coastal Design Guidelines 2023, and any certified Coastal Management Program or continuing Coastal Zone Management Plan for the land.
A proposal must not rezone land to enable increased or more intensive development where the land is within a coastal vulnerability area, or is identified as affected by a current or future coastal hazard in an LEP, DCP, or a study/assessment by the relevant authorities or a public authority.
A proposal must not rezone land to enable increased development or more intensive land-use within a coastal wetlands and littoral rainforests area identified by chapter 2 of the Resilience and Hazards SEPP.
A proposal may amend (increase or decrease) the four coastal-zone maps, but only if supported by evidence in a Minister-certified Coastal Management Program or a continuing Coastal Zone Management Plan.
Per the note, under section 10(2) of the Coastal Management Act 2016, any LEP provision identifying a coastal management area (or part) must not be made without the recommendation of the Minister administering that Act.
This bites directly on Kiama. As an Illawarra/South Coast LGA, large parts of Kiama sit within the coastal zone and its mapped coastal vulnerability, wetlands/littoral rainforest, environment and use areas under the Resilience and Hazards SEPP. Any Kiama planning proposal seeking to rezone or intensify development along the coastal fringe — particularly on hazard-exposed or wetland/littoral rainforest land — is effectively blocked unless it fits the narrow exceptions. Kiama's ability to expand development in coastal areas, or to adjust the coastal maps, depends on having a Minister-certified Coastal Management Program (or continuing CZMP) as the evidence base, so the council's coastal management planning work is the practical gatekeeper for coastal rezonings.
4.2 Coastal Management Objective The objective of this direction is to protect and manage coastal areas of NSW. Application This direction applies when a planning proposal authority prepares a planning proposal that applies to land that is within the coastal zone, as defined under the Coastal Management Act 2016 - comprising the coastal wetlands and littoral rainforests area, coastal vulnerability area, coastal environment area and coastal use area - and as identified by chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021. Direction 4.2 (1) A planning proposal must include provisions that give effect to and are consistent with: (a) the objects of the Coastal Management Act 2016 and the objectives of the relevant coastal management areas; (b) the NSW Coastal Management Manual and associated Toolkit; (c) section 3.2 of the NSW Coastal Design Guidelines 2023; and (d) any relevant Coastal Management Program that has been certified by the Minister, or any Coastal Zone Management Plan under the Coastal Protection Act 1979 that continues to have effect under clause 4 of Schedule 3 to the Coastal Management Act 2016, that applies to the land. (2) A planning proposal must not rezone land which would enable increased development or more intensive land-use on land: (a) within a coastal vulnerability area identified by chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021; or (b) that has been identified as land affected by a current or future coastal hazard in a local environmental plan or development control plan, or a study or assessment undertaken: i. by or on behalf of the relevant planning authority and the planning proposal authority, or ii. by or on behalf of a public authority and provided to the relevant planning authority and the planning proposal authority. (3) A planning proposal must not rezone land which would enable increased development or more intensive land-use on land within a coastal wetlands and littoral rainforests area identified by chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021. (4) A planning proposal for a local environmental plan may propose to amend the following maps, including increasing or decreasing the land within these maps, under chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021: (a) Coastal wetlands and littoral rainforests area map; (b) Coastal vulnerability area map; (c) Coastal environment area map; and (d) Coastal use area map. Such a planning proposal must be supported by evidence in a relevant Coastal Management Program that has been certified by the Minister, or by a Coastal Zone Management Plan under the Coastal Protection Act 1979 that continues to have effect under clause 4 of Schedule 3 to the Coastal Management Act 2016. Note: Under section 10(2) of the Coastal Management Act 2016, any provision of an LEP that identifies a coastal management area (or part of such an area) must not be made without the recommendation of the Minister administering the Coastal Management Act 2016. 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 their nominee) that the provisions of the planning proposal that are inconsistent are: (a) justified by a study or strategy prepared in support of the planning proposal which gives consideration to the objective of this direction, or (b) in accordance with any relevant Regional Strategic Plan or District Strategic Plan, prepared under Division 3.1 of the EP&A Act by the relevant strategic planning authority, which gives consideration to the objective of this direction, or (c) of minor significance. Note: “Coastal hazard” and “Coastal Management Program” are defined in the Coastal Management Act 2016. Issued to commence 10 November 2023
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.
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.