Don't rezone land near shooting ranges for more intensive or noise-incompatible uses.
A planning proposal must not rezone land adjacent to or adjoining an existing shooting range in a way that permits more intensive uses than the current zone or uses incompatible with the noise emitted by the range. This maintains public safety and amenity and reduces land use conflict.
Direction 5.4 is a planning direction that controls how councils and other planning authorities can rezone land that sits next to an existing shooting range. Its purpose is to stop new rezonings from bringing more people or more sensitive activities close to a range where noise and safety risks already exist. In plain terms, if you have an operating shooting range and someone wants to change the planning rules on neighbouring land, this direction limits what those changes can allow.
The core mechanism is a prohibition: a planning proposal must not rezone adjacent or adjoining land in a way that either permits more intensive uses than the current zone allows, or permits uses that clash with the noise the range produces. If a planning proposal ignores this and creates land use conflict, it is 'inconsistent' with the direction, and the relevant planning authority cannot simply proceed \u2014 it must justify the inconsistency to the Planning Secretary through an approved strategy, a supporting study, or by showing the departure is of minor significance.
Importantly, the direction defines an 'existing shooting range' as one with a valid approval under the firearms legislation, and it expressly includes the Range Danger Area (the zone into which projectiles may travel). This means the safety buffer around a range, not just the range footprint, is what triggers consideration of adjacent land.
All relevant planning authorities (typically councils, but also other bodies) when they prepare a planning proposal affecting land adjacent to and/or adjoining an existing shooting range. It does not directly bind development applicants or certifiers; it operates at the rezoning/plan-making stage.
It is triggered when a relevant planning authority prepares a planning proposal that will affect, create, alter or remove a zone or a provision relating to land that is adjacent to and/or adjoining an existing shooting range \u2014 a range with a valid approval under the Firearms Act 1996 and associated regulations, including its Range Danger Area.
A planning proposal may be inconsistent only if the relevant planning authority satisfies the Planning Secretary (or a nominated officer) that the inconsistent provisions are: (a) justified by a strategy approved by the Planning Secretary that considers the direction's objectives and identifies the land; (b) justified by a study prepared in support of the proposal that considers the objective; or (c) of minor significance.
The definition of an 'existing shooting range' relies on approvals issued under the Firearms Act 1996 and Firearms Regulation 2006 (now repealed) or Firearms Regulation 2017, and includes the Range Danger Area. It commenced 1 March 2022 and replaces the previous Direction 3.6.
A planning proposal must not rezone adjacent/adjoining land in a way that permits more intensive land uses than those already permitted under the existing zone.
A planning proposal must not permit land uses that are incompatible with the noise emitted by the existing shooting range.
The direction requires issues of public safety and amenity, and potential land use conflict with the range, to be identified and addressed when considering rezoning adjacent land.
This direction only bites in Kiama if there is an existing, validly approved shooting range within or near the LGA and a planning proposal seeks to rezone land adjacent to it (including within the range's Range Danger Area). For most Kiama rezonings \u2014 coastal, town-centre or housing sites away from any range \u2014 it is not engaged. Where a range does exist near land under housing pressure, the direction would prevent rezoning to more intensive residential or noise-sensitive uses unless Kiama Council could justify the change to the Planning Secretary via an approved strategy, a supporting study, or on minor-significance grounds.
5.4 Shooting Ranges Objectives The objectives are to: (a) maintain appropriate levels of public safety and amenity when rezoning land adjacent to an existing shooting range, (b) reduce land use conflict arising between existing shooting ranges and rezoning of adjacent land, (c) identify issues that must be addressed when giving consideration to rezoning land adjacent to an existing shooting range. Application This direction applies to all relevant planning authorities when preparing a planning proposal that will affect, create, alter or remove a zone or a provision relating to land adjacent to and/ or adjoining an existing shooting range. Direction 5.4 (1) A planning proposal must not seek to rezone land adjacent to and/ or adjoining an existing shooting range that has the effect of: (a) permitting more intensive land uses than those which are permitted under the existing zone; or (b) permitting land uses that are incompatible with the noise emitted by the existing shooting range. Consistency A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Planning Secretary (or an officer of the Department nominated 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 proposal which gives consideration to the objective of this direction, or (c) is of minor significance. Note: In this direction, an “existing shooting range” means a shooting range the subject of a valid approval issued under the Firearms Act 1996 and Firearms Regulation 2006 (now repealed) or Firearms Regulation 2017, and includes the Range Danger Area of that shooting range. Issued to commence 1 March 2022 (replaces previous Direction 3.6)
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.
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.