State Environmental Planning Policy (Biodiversity and Conservation) 2021

Clause 2.5(1)(b) deals with how named maps adopted by Chapter 2 are amended or replaced. Previously, replacement maps had to be approved by whoever made the relevant environmental planning instrument. The amendment swaps this for a single, specific authority: the Minister. The substance of how maps work, are combined and are kept available is unchanged — only the identity of the approving person has been tightened to the Minister.

The only change to clause 4.13 is a corrected internal cross-reference: the words "clause 12(4)" now read "section 4.11(4)". The substantive obligations — 90-day public exhibition of draft koala plans of management, public notice on the council website and in a local newspaper, exhibition at nominated places, serving notice on affected landholders, and specifying the submission period — are all unchanged. This is a tidy-up to align the citation with the SEPP's own numbering.

Clause 4.7 sets out how the maps used in Chapter 4 of the Biodiversity and Conservation SEPP are adopted, amended and made publicly available. The only substantive change is in subclause (1)(b): where an environmental planning instrument amends or replaces an adopted map, the map is now expressed as being approved by "the Minister" instead of "the persons making the environmental planning instruments". The introductory note about depositing maps at the Department's head office has also been dropped. These are housekeeping changes that tidy the approval mechanics; the maps, their public availability, and the way they are referenced are unchanged.

Section 5.11(1)(a) previously named the Victorian agencies to consult about Murray River development using abbreviations (P&D (Vic) and C&NR (Vic)). The amendment replaces those abbreviations with functional descriptions—the Victorian government departments equivalent to the NSW planning department and the Department of Climate Change, Energy, the Environment and Water, plus the adjacent Victorian local council. The amendment also removes the explanatory note about the Murray-Darling Basin Agreement and Commission notification. The substantive trigger and the requirement to consult Transport for NSW on boating safety are unchanged.

Section 5.12's table (which governs development in the River Murray area) has been amended on several fronts. Outdated agency names have been replaced (references to DWR/RWC (Vic) now point to the Department of Climate Change, Energy, the Environment and Water and Victorian rural water corporations; MDBC programs now refer to the Murray-Darling Basin Authority). Obsolete explanatory notes citing repealed laws (e.g. the EPA Regulation 1980, SEPP 30) have been stripped out. The 'Canal Development' item has been removed from the table. Most significantly, the 'Destruction of Native Vegetation' item has been reworked: its definition now covers 'native vegetation' generally rather than only mapped vegetation indigenous to the River Murray floodplain, and several exemptions have been removed — including clearing on protected land under the Soil Conservation Act 1938 and clearing carried out under a Vegetation Management Plan — while statutory references have been updated (Forestry Act 1916 to Forestry Act 2012).

The stated objectives of this Chapter remain identical: ensuring development affecting the River Murray's riverine environment is properly considered, establishing a consistent approach to assessment along the River Murray, and conserving its natural and cultural heritage values. The only change is the removal of the explanatory Note pointing readers to information published by the Department, with an amendment citation (2026 (79), Sch 1[5]) now recorded. This is housekeeping — the planning objectives you assess against are the same.

This provision sets out where Chapter 5 (the River Murray regional plan provisions) applies. The old version described the area in words — riverine River Murray land within Albury and the areas of Balranald, Berrigan, Conargo, Corowa, Deniliquin, Hume, Murray, Wakool, Wentworth and Windouran. The new version drops that textual list and instead defines the application area by reference to the "REP boundary" shown on the relevant map. The practical effect is that the precise geographic extent of the chapter is now determined by the mapped boundary rather than by a list of council areas, which gives a clearer and more authoritative spatial definition.

This amendment cleans up clause 5.4, which governs how the River Murray riverine land chapter interacts with other planning instruments. Subclauses (1) and (2) — which dealt with the now-superseded Murray Regional Environmental Plan No 1 and the old SEPP 52 (Farm Dams) arrangements — have been removed as spent. Subclause (3) has been broadened: previously this Chapter prevailed only over inconsistencies with another regional or local environmental plan; it now prevails over any inconsistency with another chapter of this policy or any environmental planning instrument. The bar against permitting otherwise-prohibited development (4) and the planning principles statement (5) are unchanged.

Two changes were made to the definitions section. The cross-reference for the Dictionary shifted from "the end of this Chapter" to "Schedule 4", reflecting the relocation of the Dictionary. The definition of "River Murray" was reworded so that the associated water bodies are framed as those "within the land to which this chapter applies" rather than "as shown on the map". This ties the geographic scope of the term to the Chapter's land application rather than a separate map reference.

Clause 5.6A is a standard mapping-machinery provision now inserted into Chapter 5. It confirms that any reference to a named map means the Minister-approved version (as amended or replaced over time), allows multiple maps to be combined into a single map, requires the maps to be kept electronically and publicly available, and expressly treats the Murray Regional Environmental Plan No 2—Riverine Land Map as an adopted named map. It is largely administrative plumbing to give the chapter's maps a clear legal status.

The only change to clause 5.9 is updating the named agency whose technical specifications apply to flood mitigation works protecting new urban development — from the "Department of Water Resources" to the "Department of Climate Change, Energy, the Environment and Water". This reflects machinery-of-government renaming, not any change to the actual flooding or other specific principles that must be taken into account for development affecting the River Murray.

This amendment retitles and rewords clause 6.18 to refer to "commercial and private marinas" instead of simply "marinas". The five matters a consent authority must consider when deciding a marina DA in a regulated catchment — sewage and waste management, compliance with the EPA's 1998 Best Management Practice guidelines, adequate water depth, land stability impacts, and foreshore/waterbody impacts — remain identical. The change clarifies the scope of the term being used rather than altering the substantive test.

This clause has been fully substituted. Previously, mooring development in a 'regulated catchment' could only be approved if carried out under a Fisheries Management Act 1994 permit (making it integrated development), and was otherwise prohibited. The new clause drops that permit-dependent gateway and instead names two specific catchments — Georges River and Hawkesbury-Nepean — where moorings are permissible with consent. It also introduces explicit seagrass protections: consent cannot be granted for moorings in seagrass in the Georges River Catchment, and in the Hawkesbury-Nepean Catchment consent can only be granted if the consent authority is satisfied there will be no adverse impact on seagrass. The four discretionary considerations (vessel type/size, water depth, dredging, public/shared facilities) are retained.

Section 6.23 requires development consent for demolition of buildings or works on certain regulated catchment land that isn't covered by a Standard Instrument LEP. The amendment narrows where this rule applies by excluding land within the Foreshores and Waterways Area. That land is now outside the scope of this provision, presumably because it is dealt with under a separate planning regime.

Section 6.25 was substituted on 6 March 2026 to redraw the boundary between the two Ministers who act as consent authority in the Foreshores and Waterways Area. The Ports and Maritime Administration Act Minister keeps consent for subdivision, work wholly below mean high water mark, and a listed set of purposes — but that purpose-based category in subsection (1)(c) is now narrowed to development carried out partly above and partly below the mean high water mark (the old, broader "wherever in the Foreshores and Waterways Area" wording, and the local government area carve-in note, are gone). The EP&A Act Minister's role in subsection (2) is correspondingly clarified: subsection (2)(a) now expressly excludes development caught by (1)(a) or (1)(c), "Marinas" becomes "Commercial marinas", "Seawalls" is listed as a distinct purpose (replacing the old "wharf or boating facilities that are sea walls"), and "Community facilities" is added to the zoned-waterway list. A new subsection (4) defines "seawall" (a shoreline-protection structure, excluding a breakwater).

This change adds a new subsection (2A) to the zoning rules for the Foreshores and Waterways Area. It fixes the precise seaward extent of the three Scenic Waters zones (Zone 6 Active Use, Zone 7 Casual Use, and Zone 8 Passive Use), defining them as the band of water between the mean high water mark and a line running parallel to it, 30 metres seaward. Previously the boundaries of these zones relied solely on the Foreshores and Waterways Area Map; the new wording gives a definite numerical limit, removing ambiguity about how far out these zones reach.

This is a substantive amendment to the Land Use Table that drives what is permitted, permitted with consent, or prohibited in the Sydney Harbour foreshores and waterways zones. "Marinas" has been replaced by "Commercial marinas" in the permitted-with-consent columns of several zones, aligning the SEPP with current standard land use terminology. The prohibited columns have also been expanded to add Camping grounds, Caravan parks, Eco-tourist facilities, Manufactured home estates, Short-term rental accommodation and Tourist and visitor accommodation, putting beyond doubt that these land-based residential and tourism uses cannot be carried out in these maritime zones. The structural provisions in subclauses (1)–(3) are unchanged.

This adds a clear consent regime for unzoned land in the Foreshores and Waterways Area that isn't covered by a Standard Instrument LEP or sits outside a local government area. Previously such land had no explicit development pathway. Now development can only proceed with development consent, and the consent authority must weigh the impact on neighbouring zoned land — including the objectives of those adjoining zones — and can only approve if the development is appropriate and compatible with the permissible uses next door.

Section 6.32 sets the conditions a consent authority must be satisfied of before approving development on mapped rocky foreshore or significant seagrass land. Two wording changes have been made. In subsection (3)(a) the duty to "preserve and enhance" seagrass health and integrity is now "preserve and, where possible, enhance" — enhancement is now qualified rather than absolute. In subsection (3)(d) the previous requirement that development "will not cause physical damage" to aquatic ecology is now that it "will avoid physical damage" — a slightly less absolute standard. The structure, mapping basis, consent requirement and the exemptions in subsection (4) are unchanged.

Section 6.32A is newly inserted into the Biodiversity and Conservation SEPP. It requires consent authorities deciding applications for single moorings in the Sydney Harbour Catchment to consider four specific matters: the type and size of vessels to be moored, whether there is adequate water depth, whether dredging will be required, and whether the proposal provides public facilities or promotes shared use of private facilities. This codifies a consistent checklist of issues for mooring assessments in the harbour.

Clause 6.35(1)(e) sets a precondition that consent for mooring pens in the Foreshores and Waterways Area can only be granted if the location is suitable having regard to water depth (without dredging) and wave action. Previously this test only kicked in where the mooring pen was for the permanent berthing of a vessel. The amendment removes that qualifier so the suitability test applies to all mooring pen development. The other matters the consent authority must be satisfied of (safe navigation, public foreshore access, character, visual intrusion, seagrass impact) are unchanged.

The provision restricting marina development in Zone 1 has been re-worded to apply specifically to "commercial marinas" rather than "marinas" generally. The substantive test is unchanged: consent cannot be granted unless the consent authority is satisfied that access between the marina and the foreshore will not be provided on or across land in Zone 2, 3, 7 or 8. The change clarifies that the restriction targets commercial marinas, potentially leaving other (non-commercial) marina proposals outside the scope of this particular clause.

This provision lets marinas and boat building/repair facilities be carried out with consent in Zone 2 where the land is mapped as a special purposes area. The amendment substitutes the section to use the term "commercial marinas" throughout (objectives, the consent pathway, and the map title, now the Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map). It also removes the old subsection (3), which had said a reference to a marina did not include a private marina — that exclusion is now handled directly by the narrower term "commercial marinas". The practical effect is a clarification that the special purposes pathway applies to commercial marinas, not private ones.

Subclause (1)(b) was amended so that when an environmental planning instrument declares a map to amend or replace a named map adopted by Chapter 6, the amending map is now approved by the Minister, rather than by 'the persons making the environmental planning instruments'. This centralises map approval authority with the Minister, consistent with subclause (1)(a) which already requires Ministerial approval when a map is first adopted. The rest of the clause is unchanged.

This is a wording update to the objectives of Part 6.5. The phrase describing where high quality water is delivered has changed from "the Sydney area" to "Greater Sydney". The substance of the objectives — healthy catchments, compatible development, and neutral or beneficial effect on water quality — is unchanged. The change aligns the terminology with the broader "Greater Sydney" naming used across the planning framework.

This change updates the defined term "NorBE Guideline" in the water catchments part of the Biodiversity and Conservation SEPP so it refers to the Neutral or Beneficial Effect on Water Quality Assessment Guideline 2026 published by Water NSW in January 2026, replacing the reference to the 2022 guideline. The NorBE Tool definition flows from this, so it now refers to Appendix 1 of the 2026 guideline. The substance of the definitions is unchanged; only the version of the referenced document has moved on.

Clause 6.7(2)(c) has been deleted. Previously, where development in a regulated catchment involved clearing riparian vegetation that needed a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994, the consent authority could not grant consent unless that approval or permit had already been obtained. That hard pre-condition is gone. The consideration of whether such an approval/permit is required still survives as a matter the consent authority must consider under clause 6.7(1)(b), but it is no longer a mandatory bar to granting consent. The remaining mandatory satisfaction tests in 6.7(2) (minimising impacts on animals/vegetation, no adverse impact on aquatic reserves, minimising erosion/sedimentation and wetland impacts) are unchanged.

Section 6.25, which allocates consent authority for development in or abutting the Foreshores and Waterways Area, has been substituted. The Ports and Maritime Administration Minister now picks up development carried out partly above and partly below the mean high water mark for the listed maritime purposes (previously the trigger referred more broadly to development inside a local government area). Correspondingly, the Planning Minister's role for partly-above/partly-below works is now expressed as a residual category excluding work caught by the Ports Minister's list. The purpose lists were also updated: 'Marinas' becomes 'Commercial marinas', 'Wharf or boating facilities that are sea walls' is replaced by 'Seawalls', 'Community facilities' is added to the zoned-waterway list, and a new subsection (4) defines 'seawall' (excluding breakwaters). The Local Government Act foreshore note was removed.

Two substantive things changed in this Division, in force from 6 March 2026. First, a new subsection 6.26(2A) fixes the seaward extent of Zones 6, 7 and 8 (the Scenic Waters zones) as the band of water between the mean high water mark and a line 30m seaward of it — previously the zone extent relied solely on the map. Second, the Land Use Tables for the zones were updated to align with standard land-use terminology: "Marinas" is replaced by "Commercial marinas" in the permitted-with-consent lists, and the prohibited columns now expressly list additional uses such as camping grounds, caravan parks, eco-tourist facilities, manufactured home estates, short-term rental accommodation and tourist and visitor accommodation.

In regulated catchments, clause 6.7 governs aquatic ecology. Previously, where development involved clearing riparian vegetation and required a controlled activity approval under the Water Management Act 2000 or a permit under the Fisheries Management Act 1994, the consent authority was barred from granting consent unless that approval or permit had already been obtained. That mandatory bar (former clause 6.7(2)(c)) has now been repealed. The consent authority must still consider, under clause 6.7(1)(b), whether such an approval or permit is required, but the existence of the approval/permit is no longer a precondition to granting consent. The rest of clause 6.7 — minimising impacts on animals and vegetation, protecting aquatic reserves, controlling erosion and sedimentation, and protecting wetlands — is unchanged.

This update amends Division 3 of the Biodiversity and Conservation SEPP governing development in the Foreshores and Waterways Area (Sydney Harbour). A new section 6.32A requires consent authorities to consider specific matters for single moorings in the Sydney Harbour Catchment — vessel type and size, water depth, whether dredging is needed, and provision/shared use of facilities. Section 6.32 (rocky foreshores and significant seagrasses) is softened slightly, changing 'will preserve and enhance' to 'will preserve and, where possible, enhance', and 'will not cause physical damage' to 'will avoid physical damage'. Section 6.35 (mooring pens) recasts the berthing test so the location-suitability requirement applies generally rather than only where the pen is for permanent berthing. Sections 6.37 and 6.38 are renamed and substituted to apply specifically to 'commercial marinas' (with a correspondingly retitled Special Purposes map for Zone 2), narrowing those provisions from marinas generally to commercial marinas.

Division 4 of the Biodiversity and Conservation SEPP, which sets out matters consent authorities must consider for particular kinds of development in regulated catchments, was amended in three places. The biggest change is to section 6.19 (Moorings), which was fully substituted: instead of allowing moorings with consent only where carried out under a Fisheries Management Act 1994 permit (with everything else prohibited), moorings may now be approved with consent in the Georges River Catchment and the Hawkesbury-Nepean Catchment, but consent is barred for moorings in seagrass in the Georges River Catchment and cannot be granted in the Hawkesbury-Nepean Catchment unless the authority is satisfied there will be no adverse impact on seagrass. Section 6.18 was re-headed and re-scoped from "Marinas" to "Commercial and private marinas". Section 6.23 (Demolition on certain land) was narrowed so it no longer applies to land in the Foreshores and Waterways Area.

The only substantive change in Part 6.1 is to the map-adoption rule in section 6.4(1)(b). Previously, where a map is amended or replaced by another environmental planning instrument, the amending map was approved by "the persons making the environmental planning instruments when the instruments are made". The wording now specifies that such amending or replacement maps are "approved by the Minister". This is a drafting tidy-up clarifying who approves map changes; it does not change the catchments covered, the definitions, or the relationship rules with other instruments.

Section 6.7(2)(c) has been deleted. Previously, development consent could not be granted for development in a regulated catchment if it involved clearing riparian vegetation requiring a controlled activity approval (Water Management Act 2000) or a fisheries permit (Fisheries Management Act 1994), unless that approval or permit had already been obtained. That hard precondition is now gone. The consent authority must still consider, under s 6.7(1)(b), whether the development will need such an approval or permit, but it is no longer barred from granting consent before the approval/permit is in hand. The amendment also retitles s 6.18 from 'Marinas' to 'Commercial and private marinas', a labelling change.

This is a substantive overhaul of Part 6.3. Section 6.25 (which Minister is the consent authority) has been substituted: development partly above and partly below mean high water mark is now allocated more precisely, a new definition of "seawall" is inserted, and "Marinas" is split into "Commercial marinas" with "Seawalls" and "Community facilities" added to the EP&A Minister's list. Section 6.26 gains a new subsection (2A) stating that Zones 6, 7 and 8 (the Scenic Waters zones) comprise the waters between the mean high water mark and a line 30m seaward of it. The Land Use Tables across the zones are updated to use standard-instrument land-use terminology (e.g. "Commercial marinas" instead of "Marinas") and to expressly prohibit additional uses such as camping grounds, caravan parks, eco-tourist facilities, manufactured home estates, short-term rental accommodation and tourist and visitor accommodation.

Part 6.5 still requires that development in the Sydney Drinking Water Catchment have a neutral or beneficial effect on water quality, be consistent with the NorBE Guideline, and (where applicable) be assessed using the NorBE Tool. The change updates the defining reference so the applicable document is now the Neutral or Beneficial Effect on Water Quality Assessment Guideline 2026 published by Water NSW in January 2026, replacing the 2022 Guideline. The NorBE Tool is taken from Appendix 1 of that new guideline. The Part objective was also reworded from delivering high quality water to "the Sydney area" to "Greater Sydney". The assessment framework, concurrence requirements and process are otherwise unchanged.

Schedule 3 sets out, for each koala management area, the eucalypt and other tree species treated as 'koala use trees' under Chapter 4 (Koala Habitat Protection). This amendment deletes two whole management areas from the schedule — 'Central and Southern Tablelands' and 'Central Coast' — so their species lists no longer appear. The remaining areas (Darling Riverine Plains, Far West, North Coast, Northwest Slopes, Northern Tablelands, Riverina and South Coast) are retained. There is also a minor taxonomic correction in the Northern Tablelands list, where 'Eucalyptus subvelutina' (Broad-leaved Apple) is corrected to 'Angophora subvelutina'.

This is a housekeeping update to Schedule 4, the dictionary used for Chapter 5 (Murray Regional Environmental Plan No 2 — Riverine Land). The long list of agency abbreviations (CaLM, DoP, DWR, EPA, NPWS, MSB and others) has been deleted, along with the now-redundant definitions of 'development', 'the Act' and 'Vegetation Management Plan'. 'MDBC' has been spelt out as 'Murray-Darling Basin Commission', and the definition of 'the map' has been simplified to refer to the named Riverine Land Map rather than a physical map deposited in the Department's office. These are modernising and clean-up changes rather than substantive policy shifts.

This amendment overhauls a number of defined terms used in Chapter 6 (Sydney Harbour). The most consequential change is the introduction of 'commercial marina' (a Standard Instrument marina other than a private marina), which is now substituted for the old word 'marina' across linked definitions such as boat lift, boat storage facility, single mooring, slipway, private landing facility and private landing steps. New definitions are added for 'boat building and repair facility', 'charter and tourism boating facility', 'commercial marina', 'mooring pen', 'manufactured home estate' and 'short-term rental accommodation'. Existing definitions are tightened: 'above-water boat lift' now excludes devices forming part of a commercial marina; 'floating boat platform' is restructured to require no roof, a single vessel up to 6m, and to exclude a private marina; and the relevant Special Purposes map is renamed to refer to 'Commercial Marinas'. These changes sharpen how waterway structures are classified for assessment purposes.