State Environmental Planning Policy (Coastal … · State Environmental Planning Policy (Coastal Management) 2018 under the Environmental Planning and Assessment Act 1979 Page 3 …

New South Wales

State Environmental Planning Policy (Coastal Management) 2018under the

Environmental Planning and Assessment Act 1979

Published LW 23 March 2018 (2018 No 106)

His Excellency the Governor, with the advice of the Executive Council and, for the purposes ofsection 10 (2) of the Coastal Management Act 2016, on the recommendation of the Ministeradministering that Act, has made the following State environmental planning policy under theEnvironmental Planning and Assessment Act 1979.

ANTHONY ROBERTS, MPMinister for Planning

Page 2 Published LW 23 March 2018 (2018 No 106)

ContentsPage

State Environmental Planning Policy (Coastal Management) 2018 [NSW]Contents

Part 1 Preliminary1 Name of Policy 32 Commencement 33 Aim of Policy 34 Interpretation 35 Land to which Policy applies 46 Identification of coastal management areas 47 Relationship with other environmental planning instruments 58 Maps 59 Repeals 5

Part 2 Development controls for coastal management areasDivision 1 Coastal wetlands and littoral rainforests area10 Development on certain land within coastal wetlands and littoral

rainforests area 611 Development on land in proximity to coastal wetlands or littoral

rainforest 7

Division 2 Coastal vulnerability area12 Development on land within the coastal vulnerability area 7

Division 3 Coastal environment area13 Development on land within the coastal environment area 7

Division 4 Coastal use area14 Development on land within the coastal use area 8

Division 5 General15 Development in coastal zone generally—development not to increase

risk of coastal hazards 916 Development in coastal zone generally—coastal management programs

to be considered 917 Other development controls not affected 918 Hierarchy of development controls if overlapping 9

Part 3 Miscellaneous19 Coastal protection works 1020 Flexible zone provisions 1021 Savings and transitional provisions 11

Schedule 1 Coastal lakes 12Schedule 2 Amendment of other instruments 14

State Environmental Planning Policy (Coastal Management) 2018under the

Environmental Planning and Assessment Act 1979

State Environmental Planning Policy (Coastal Management) 2018 [NSW]Part 1 Preliminary

Part 1 Preliminary1 Name of Policy

This Policy is State Environmental Planning Policy (Coastal Management) 2018.

2 CommencementThis Policy commences on 3 April 2018 and is required to be published on the NSWlegislation website.

3 Aim of PolicyThe aim of this Policy is to promote an integrated and co-ordinated approach to landuse planning in the coastal zone in a manner consistent with the objects of the CoastalManagement Act 2016, including the management objectives for each coastalmanagement area, by:(a) managing development in the coastal zone and protecting the environmental

assets of the coast, and(b) establishing a framework for land use planning to guide decision-making in

the coastal zone, and(c) mapping the 4 coastal management areas that comprise the NSW coastal zone

for the purpose of the definitions in the Coastal Management Act 2016.

4 Interpretation(1) In this Policy:

certified coastal management program means the following:(a) a coastal management program prepared, adopted and certified under Part 3 of

the Coastal Management Act 2016,(b) a coastal zone management plan under the Coastal Protection Act 1979 that

continues to have effect under clause 4 of Schedule 3 to the CoastalManagement Act 2016,

(c) a coastal zone management plan under the Coastal Protection Act 1979,certified and made in accordance with clause 6 (1) of Schedule 3 to the CoastalManagement Act 2016, that is taken to be a coastal management programprepared and adopted under that Act.

coastal environment area—see clause 6 (4).Coastal Environment Area Map means the State Environmental Planning Policy(Coastal Management) 2018 Coastal Environment Area Map.coastal lake means a body of water identified in Schedule 1.coastal use area—see clause 6 (5).



Coastal Use Area Map means the State Environmental Planning Policy (CoastalManagement) 2018 Coastal Use Area Map.coastal vulnerability area—see clause 6 (3).Coastal Vulnerability Area Map means the State Environmental Planning Policy(Coastal Management) 2018 Coastal Vulnerability Area Map. [Not adopted.]Note. At the commencement of this Policy, no Coastal Vulnerability Area Map was adoptedand therefore no coastal vulnerability area has been identified.coastal wetlands and littoral rainforests area—see clause 6 (2).Coastal Wetlands and Littoral Rainforests Area Map means the StateEnvironmental Planning Policy (Coastal Management) 2018 Coastal Wetlands andLittoral Rainforests Area Map.public authority has the same meaning as in the Act.the Act means the Environmental Planning and Assessment Act 1979.Note. The Act and the Interpretation Act 1987 contain definitions and other provisions thataffect the interpretation and application of this Policy.

(2) Words and expressions used in this Policy have the same meanings as they have inthe Coastal Management Act 2016, unless otherwise defined in this Policy.

(3) Subject to subclause (2), words and expressions used in this Policy have the samemeanings as they have in the standard instrument set out in the Standard Instrument(Local Environmental Plans) Order 2006, unless otherwise defined in this Policy.

(4) Notes included in this Policy do not form part of this Policy.

5 Land to which Policy appliesThis Policy applies to land within the coastal zone.

6 Identification of coastal management areasNote. Section 5 of the Coastal Management Act 2016 provides that the coastal zone meansthe area of land comprised of the following coastal management areas:(a) the coastal wetlands and littoral rainforests area,(b) the coastal vulnerability area,(c) the coastal environment area,(d) the coastal use area.

(1) This clause identifies land for the purposes of the Coastal Management Act 2016 andthis Policy.

(2) The coastal wetlands and littoral rainforests area is the land identified as such bythe Coastal Wetlands and Littoral Rainforests Area Map.Note. The coastal wetlands and littoral rainforests area is made up of land identified as“coastal wetlands” or as “littoral rainforests” on the Coastal Wetlands and Littoral RainforestsArea Map. The land so identified includes land identified as “proximity area for coastalwetlands” and “proximity area for littoral rainforest”.

(3) The coastal vulnerability area is the land identified as such by the CoastalVulnerability Area Map.Note. At the commencement of this Policy, no Coastal Vulnerability Area Map was adoptedand therefore no coastal vulnerability area has been identified.

(4) The coastal environment area is the land identified as such by the CoastalEnvironment Area Map.

(5) The coastal use area is the land identified as such by the Coastal Use Area Map.



7 Relationship with other environmental planning instruments(1) In the event of an inconsistency between this Policy and another environmental

planning instrument, whether made before or after the commencement of this Policy,this Policy prevails to the extent of the inconsistency.

(2) This Policy does not apply to land within the Lease Area within the meaning of StateEnvironmental Planning Policy (Three Ports) 2013.

8 Maps(1) A reference in this Policy to a named map adopted by this Policy is a reference to a

map by that name:(a) approved by the Minister when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental

planning instruments to amend or replace that map, and approved by theMinister when the instruments are made.

(2) Any 2 or more named maps may be combined into a single map. In that case, areference in this Policy to any such named map is a reference to the relevant part oraspect of the single map.

(3) Any such maps are to be kept and made available for public access in accordancewith arrangements approved by the Minister.

(4) For the purposes of this Policy, a map may be in, and may be kept and made availablein, electronic or paper form, or both.Note. The maps adopted by this Policy are to be made available on the NSW Planning Portal.

9 RepealsThe following environmental planning instruments are repealed:(a) State Environmental Planning Policy No 14—Coastal Wetlands,(b) State Environmental Planning Policy No 26—Littoral Rainforests,(c) State Environmental Planning Policy No 71—Coastal Protection.


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Part 2 Development controls for coastal management areas

Part 2 Development controls for coastal management areasDivision 1 Coastal wetlands and littoral rainforests area10 Development on certain land within coastal wetlands and littoral rainforests area

(1) The following may be carried out on land identified as “coastal wetlands” or “littoralrainforest” on the Coastal Wetlands and Littoral Rainforests Area Map only withdevelopment consent:(a) the clearing of native vegetation within the meaning of Part 5A of the Local

Land Services Act 2013,(b) the harm of marine vegetation within the meaning of Division 4 of Part 7 of

the Fisheries Management Act 1994,(c) the carrying out of any of the following:

(i) earthworks (including the depositing of material on land),(ii) constructing a levee,

(iii) draining the land,(iv) environmental protection works,

(d) any other development.Note. Clause 17 provides that, for the avoidance of doubt, nothing in this Part:(a) permits the carrying out of development that is prohibited development under another

environmental planning instrument, or(b) permits the carrying out of development without development consent where another

environmental planning instrument provides that the development may be carried outonly with development consent.

(2) Development for which consent is required by subclause (1), other than developmentfor the purpose of environmental protection works, is declared to be designateddevelopment for the purposes of the Act.

(3) Despite subclause (1), development for the purpose of environmental protectionworks on land identified as “coastal wetlands” or “littoral rainforest” on the CoastalWetlands and Littoral Rainforests Area Map may be carried out by or on behalf of apublic authority without development consent if the development is identified in:(a) the relevant certified coastal management program, or(b) a plan of management prepared and adopted under Division 2 of Part 2 of

Chapter 6 of the Local Government Act 1993, or(c) a plan of management approved and in force under Division 6 of Part 5 of the

Crown Lands Act 1989.(4) A consent authority must not grant consent for development referred to in

subclause (1) unless the consent authority is satisfied that sufficient measures havebeen, or will be, taken to protect, and where possible enhance, the biophysical,hydrological and ecological integrity of the coastal wetland or littoral rainforest.

(5) Nothing in this clause requires consent for the damage or removal of a priority weedwithin the meaning of clause 32 of Schedule 7 to the Biosecurity Act 2015.

(6) This clause does not apply to the carrying out of development on land reserved underthe National Parks and Wildlife Act 1974 if the proposed development is consistentwith a plan of management prepared under that Act for the land concerned.



11 Development on land in proximity to coastal wetlands or littoral rainforestNote. The Coastal Wetlands and Littoral Rainforests Area Map identifies certain land that isinside the coastal wetlands and littoral rainforests area as “proximity area for coastal wetlands”or “proximity area for littoral rainforest” or both.

(1) Development consent must not be granted to development on land identified as“proximity area for coastal wetlands” or “proximity area for littoral rainforest” on theCoastal Wetlands and Littoral Rainforests Area Map unless the consent authority issatisfied that the proposed development will not significantly impact on:(a) the biophysical, hydrological or ecological integrity of the adjacent coastal

wetland or littoral rainforest, or(b) the quantity and quality of surface and ground water flows to and from the

adjacent coastal wetland or littoral rainforest.(2) This clause does not apply to land that is identified as “coastal wetlands” or “littoral

rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map.

Division 2 Coastal vulnerability areaNote. At the commencement of this Policy, no Coastal Vulnerability Area Map was adopted and therefore nocoastal vulnerability area has been identified.

12 Development on land within the coastal vulnerability areaDevelopment consent must not be granted to development on land that is within thearea identified as “coastal vulnerability area” on the Coastal Vulnerability Area Mapunless the consent authority is satisfied that:(a) if the proposed development comprises the erection of a building or works—

the building or works are engineered to withstand current and projected coastalhazards for the design life of the building or works, and

(b) the proposed development:(i) is not likely to alter coastal processes to the detriment of the natural

environment or other land, and(ii) is not likely to reduce the public amenity, access to and use of any

beach, foreshore, rock platform or headland adjacent to the proposeddevelopment, and

(iii) incorporates appropriate measures to manage risk to life and publicsafety from coastal hazards, and

(c) measures are in place to ensure that there are appropriate responses to, andmanagement of, anticipated coastal processes and current and future coastalhazards.

Division 3 Coastal environment area13 Development on land within the coastal environment area

(1) Development consent must not be granted to development on land that is within thecoastal environment area unless the consent authority has considered whether theproposed development is likely to cause an adverse impact on the following:(a) the integrity and resilience of the biophysical, hydrological (surface and

groundwater) and ecological environment,(b) coastal environmental values and natural coastal processes,(c) the water quality of the marine estate (within the meaning of the Marine Estate

Management Act 2014), in particular, the cumulative impacts of the proposeddevelopment on any of the sensitive coastal lakes identified in Schedule 1,



(d) marine vegetation, native vegetation and fauna and their habitats, undevelopedheadlands and rock platforms,

(e) existing public open space and safe access to and along the foreshore, beach,headland or rock platform for members of the public, including persons witha disability,

(f) Aboriginal cultural heritage, practices and places,(g) the use of the surf zone.

(2) Development consent must not be granted to development on land to which thisclause applies unless the consent authority is satisfied that:(a) the development is designed, sited and will be managed to avoid an adverse

impact referred to in subclause (1), or(b) if that impact cannot be reasonably avoided—the development is designed,

sited and will be managed to minimise that impact, or(c) if that impact cannot be minimised—the development will be managed to

mitigate that impact.(3) This clause does not apply to land within the Foreshores and Waterways Area within

the meaning of Sydney Regional Environmental Plan (Sydney Harbour Catchment)2005.

Division 4 Coastal use area14 Development on land within the coastal use area

(1) Development consent must not be granted to development on land that is within thecoastal use area unless the consent authority:(a) has considered whether the proposed development is likely to cause an adverse

impact on the following:(i) existing, safe access to and along the foreshore, beach, headland or rock

platform for members of the public, including persons with a disability,(ii) overshadowing, wind funnelling and the loss of views from public

places to foreshores,(iii) the visual amenity and scenic qualities of the coast, including coastal

headlands,(iv) Aboriginal cultural heritage, practices and places,(v) cultural and built environment heritage, and

(b) is satisfied that:(i) the development is designed, sited and will be managed to avoid an

adverse impact referred to in paragraph (a), or(ii) if that impact cannot be reasonably avoided—the development is

designed, sited and will be managed to minimise that impact, or(iii) if that impact cannot be minimised—the development will be managed

to mitigate that impact, and(c) has taken into account the surrounding coastal and built environment, and the

bulk, scale and size of the proposed development.(2) This clause does not apply to land within the Foreshores and Waterways Area within

the meaning of Sydney Regional Environmental Plan (Sydney Harbour Catchment)2005.



Division 5 General15 Development in coastal zone generally—development not to increase risk of coastal

hazardsDevelopment consent must not be granted to development on land within the coastalzone unless the consent authority is satisfied that the proposed development is notlikely to cause increased risk of coastal hazards on that land or other land.

16 Development in coastal zone generally—coastal management programs to be considered

Development consent must not be granted to development on land within the coastalzone unless the consent authority has taken into consideration the relevant provisionsof any certified coastal management program that applies to the land.

17 Other development controls not affectedSubject to clause 7, for the avoidance of doubt, nothing in this Part:(a) permits the carrying out of development that is prohibited development under

another environmental planning instrument, or(b) permits the carrying out of development without development consent where

another environmental planning instrument provides that the developmentmay be carried out only with development consent.

18 Hierarchy of development controls if overlappingIf a single parcel of land is identified by this Policy as being within more than onecoastal management area and the development controls of those coastal managementareas are inconsistent, the development controls of the highest of the followingcoastal management areas (set out highest to lowest) prevail to the extent of theinconsistency:(a) the coastal wetlands and littoral rainforests area,(b) the coastal vulnerability area,(c) the coastal environment area,(d) the coastal use area.


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Part 3 Miscellaneous

Part 3 Miscellaneous19 Coastal protection works

Note. Section 4 (1) of the Coastal Management Act 2016 defines coastal protection worksto mean:(a) beach nourishment activities or works, and(b) activities or works to reduce the impact of coastal hazards on land adjacent to tidal

waters, including (but not limited to) seawalls, revetments and groynes.Section 27 of the Coastal Management Act 2016 also contains provisions dealing with thegranting of development consent to development for the purpose of coastal protection works.

(1) Coastal protection works by person other than public authorityDevelopment for the purpose of coastal protection works may be carried out on landto which this Policy applies by a person other than a public authority only withdevelopment consent.Note. See clause 8A of Schedule 7 to State Environmental Planning Policy (State andRegional Development) 2011, which declares certain development for the purpose of coastalprotection works to be regionally significant development for which a Sydney district orregional planning panel is the consent authority.

(2) Coastal protection works by public authorityDevelopment for the purpose of coastal protection works may be carried out on landto which this Policy applies by or on behalf of a public authority:(a) without development consent—if the coastal protection works are:

(i) identified in the relevant certified coastal management program, or(ii) beach nourishment, or

(iii) the placing of sandbags for a period of not more than 90 days, or(iv) routine maintenance works or repairs to any existing coastal protection

works, or(b) with development consent—in any other case.Note. See clause 8A of Schedule 7 to State Environmental Planning Policy (State andRegional Development) 2011, which declares certain development for the purpose of coastalprotection works to be regionally significant development for which a Sydney district orregional planning panel is the consent authority.

(3) Emergency coastal protection works by public authorityDevelopment for the purpose of emergency coastal protection works carried out onland to which this Policy applies is exempt development if it is carried out by or onbehalf of a public authority in accordance with a coastal zone emergency actionsubplan (or a coastal zone management plan under the Coastal Protection Act 1979containing an emergency action subplan that continues to have effect under clause 4of Schedule 3 to the Coastal Management Act 2016).

(4) In this clause, emergency coastal protection works means works comprising theplacement of sand, or the placing of sandbags for a period of not more than 90 days,on a beach, or a sand dune adjacent to a beach, to mitigate the effects of coastalhazards on land.

20 Flexible zone provisionsA provision of an environmental planning instrument that allows development withina zone to be consented to as if it were in a neighbouring zone, or a similar provision,has no effect to the extent that it applies to land to which this Policy applies.


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Part 3 Miscellaneous

21 Savings and transitional provisionsNote. See also section 27 (Granting of development consent relating to coastal protectionworks) of the Coastal Management Act 2016.

(1) The former planning provisions continue to apply (and this Policy does not apply) toa development application lodged, but not finally determined, immediately beforethe commencement of this Policy in relation to land to which this Policy applies.

(2) Clause 10 of this Policy does not apply to the following activities (to the extent thatthey would otherwise comprise development to which that clause would apply):(a) the carrying out of an activity for which an approval was granted by a

determining authority under Part 5 of the Act before the commencement ofthis Policy,

(b) the carrying out of an activity after the commencement of this Policy, but onlyif:(i) any approval that is required for carrying out the activity is granted by

the determining authority under Part 5 of the Act within 12 months afterthat commencement, and

(ii) any environmental impact assessment of that activity under Part 5 of theAct that is required had commenced before the commencement of thisPolicy.

(3) The former planning provisions continue to apply (and this Policy does not apply) toan application for development consent if:(a) the application is made within 12 months after the commencement of this

Policy, and(b) an environmental impact statement is to be submitted in connection with the

application, and(c) the Secretary issued, before the commencement of this Policy, environmental

assessment requirements for the preparation of the statement, and(d) those environmental assessment requirements require the preparation of the

statement to have regard to:(i) State Environmental Planning Policy No 14—Coastal Wetlands, or

(ii) State Environmental Planning Policy No 26—Littoral Rainforests.(4) In this clause:

activity and approval have the same meanings as they have in Part 5 of the Act.former planning provisions means:(a) the provisions of each of the following Policies as in force immediately before

the Policy’s repeal:(i) State Environmental Planning Policy No 14—Coastal Wetlands,

(ii) State Environmental Planning Policy No 26—Littoral Rainforests,(iii) State Environmental Planning Policy No 71—Coastal Protection, and

(b) the provisions of State Environmental Planning Policy (Infrastructure) 2007that would be in force if that Policy had not been amended by this Policy.


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Schedule 1 Coastal lakes

Schedule 1 Coastal lakes(Clause 4 (1), definition of “coastal lake”)

Sensitive coastal lakesBondi Lagoon (Lake)Bournda Lagoon and Sandy Beach CreekDurras LakeLake ArraganLake Brou (Brou Lake)Lake BrundereeLake HiawathaLake Minnie WaterLake TarourgaLake WollumboolaMeroo LakeNadgee LakeNargal LakeNelson LagoonSaltwater LakeTermeil LakeTi Tree (Taylors) Lake


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Schedule 1 Coastal lakes

Other coastal lakes

Avoca LakeBack Lake/LagoonBaragoot LakeBellambi LagoonBingie Lagoon (Kellys Lake)Bullengella LakeBunga LagoonBurrill LakeCandlagan Creek and LagoonCobaki-Terranora BroadwaterCockrone LakeCoila LakeCongo Creek and LagoonCorindi (Pipeclay) LakeCorunna LakeCudgen LakeCuralo LagoonCurl Curl LagoonCuttagee LakeDalhousie Creek and LagoonDee Why LagoonDeep Creek and LagoonGogleys LagoonGoolawah LagoonHearns Lake

Kianga LakeKillalea LagoonKioloa LagoonLake AinsworthLake CakoraLake CathieLake Conjola (includes Berringer)Lake IllawarraLake InnesLake MacquarieLake Mummuga (Dalmeny)Limpid (Brush) LagoonLittle Lake (Narooma)Little Lake (near Wallaga)Long SwampManly LagoonMerimbula LakeMeringo Creek and LagoonMiddle (Tanja) LagoonMullimburra LagoonMurrah LagoonMyall LakesNangudga LakeNarrabeen LagoonNarrawallee InletOyster Creek and Lagoon (includes McGraths Creek)

Pambula Inlet/LakeQueens LakeRedhead LagoonSaltwater LagoonSmiths LakeSt Georges BasinSwan LakeTabourie LakeTerrigal LagoonThe Broadwater (Clarence River)Tilba Tilba LakeTuggerah Lake (includes Lakes Budgewoi and Munmorah)Tuross LakeWagonga InletWallaga LakeWallagoot LakeWallis LakeWamberal LagoonWapengo LagoonWatsons Taylor LakeWerri LagoonWillinga LakeWonboyn LakeWoolgoolga LakeWooloweyah Lagoon


State Environmental Planning Policy (Coastal Management) 2018 [NSW]Schedule 2 Amendment of other instruments

Schedule 2 Amendment of other instruments2.1 Ballina Local Environmental Plan 2012

Clause 7.1 Acid sulfate soilsOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 7.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

2.2 Bega Valley Local Environmental Plan 2013Clause 6.4 Coastal risk planningOmit “the Coastal Protection Act 1979” from clause 6.4 (5).Insert instead “the Coastal Management Act 2016”.

2.3 Byron Local Environmental Plan 2014Clause 6.1 Acid sulfate soilsOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 6.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

2.4 Clarence Valley Local Environmental Plan 2011[1] Clause 7.1 Acid sulfate soils

Omit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 7.1 (7) (c).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

[2] Clause 7.5 Coastal risk planningOmit “the Coastal Protection Act 1979” from clause 7.5 (5).Insert instead “the Coastal Management Act 2016”.

2.5 Great Lakes Local Environmental Plan 2014Clause 7.4 Coastal risk planningOmit “the Coastal Protection Act 1979” from the definition of coastal hazard inclause 7.4 (5).Insert instead “the Coastal Management Act 2016”.



2.6 Kempsey Local Environmental Plan 2013Clause 7.1 Acid sulfate soilsOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 7.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

2.7 Lake Macquarie Local Environmental Plan 2014Clause 7.4 Coastal risk planningOmit “the Coastal Protection Act 1979” from the definition of coastal hazard inclause 7.4 (5).Insert instead “the Coastal Management Act 2016”.

2.8 Lismore Local Environmental Plan 2012Clause 6.1 Acid sulfate soilsOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 6.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

2.9 Pittwater Local Environmental Plan 2014Clause 7.5 Coastal risk planningOmit “the Coastal Protection Act 1979” from the definition of coastal hazard inclause 7.5 (5).Insert instead “the Coastal Management Act 2016”.

2.10 Richmond Valley Local Environmental Plan 2012Clause 6.1 Acid sulfate soilsOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 6.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

2.11 Shoalhaven Local Environmental Plan 2014Clause 7.4 Coastal risk planningOmit “the Coastal Protection Act 1979” from the definition of coastal hazard inclause 7.4 (5).Insert instead “the Coastal Management Act 2016”.



2.12 State Environmental Planning Policy No 19—Bushland in Urban AreasClause 5 Relationship with other environmental planning instrumentsOmit clause 5 (3). Insert instead:

(3) Nothing in this Policy affects the operation of clause 10 of StateEnvironmental Planning Policy (Coastal Management) 2018.

2.13 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008Clause 1.5 Interpretation—generalOmit paragraphs (b) and (c) of the definition of environmentally sensitive area inclause 1.5 (1).Insert instead:

(b) a coastal lake identified in Schedule 1 to State Environmental PlanningPolicy (Coastal Management) 2018,

(c) land identified as “coastal wetlands” or “littoral rainforest” on theCoastal Wetlands and Littoral Rainforests Area Map (within themeaning of State Environmental Planning Policy (CoastalManagement) 2018),

2.14 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004Clause 4 Land to which Policy appliesOmit “State Environmental Planning Policy No 71—Coastal Protection” fromclause 4 (7) (a).Insert instead “State Environmental Planning Policy (Coastal Management) 2018”.

2.15 State Environmental Planning Policy (Infrastructure) 2007[1] Clause 8 Relationship to other environmental planning instruments

Omit clause 8 (2)–(4). Insert instead:(2) Except as provided by subclauses (3) and (4), if there is an inconsistency

between a provision of this Policy and any of the following provisions ofanother environmental planning instrument, the provision of the otherinstrument prevails to the extent of the inconsistency:(a) clauses 10, 11 and 19 of State Environmental Planning Policy (Coastal

Management) 2018,(b) all of the provisions of State Environmental Planning Policy (State

Significant Precincts) 2005.(3) Clause 48B of this Policy prevails over clauses 10 and 11 of State

Environmental Planning Policy (Coastal Management) 2018 to the extent ofany inconsistency.

(4) A provision of this Policy that permits development for the purpose ofemergency works or routine maintenance works to be carried out withoutconsent, or that provides that development for that purpose is exemptdevelopment, prevails over clauses 10 and 11 of State EnvironmentalPlanning Policy (Coastal Management) 2018 to the extent of any



inconsistency, but only if any adverse effect on the land concerned is restrictedto the minimum possible to allow the works to be carried out.

(5) For the avoidance of doubt, development to which subclause (3) or (4) appliesis not declared designated development for the purposes of the Act.

[2] Clause 15AInsert after clause 15:

15A Consultation with councils—development with impacts on certain land within the coastal zone(1) This clause applies to development on land that is within a coastal

vulnerability area and is inconsistent with a certified coastal managementprogram that applies to that land.

(2) Development to which this clause applies is exempt development if it iscarried out by a public authority, or a person acting on behalf of a publicauthority, and the authority or person has:(a) given written notice of the intention to carry out the development to the

council for the local government area in which the land is located, and(b) taken into consideration any response to the notice that is received from

the council within 21 days after the notice is given.(3) In this clause:

certified coastal management program has the same meaning as in StateEnvironmental Planning Policy (Coastal Management) 2018.coastal vulnerability area has the same meaning as in the CoastalManagement Act 2016.

[3] Clause 41 Development permitted without consentOmit clause 41 (2) (b). Insert instead:

(b) emergency works or routine maintenance works,Note. See clause 8 (4) regarding emergency works and routine maintenanceworks on land to which clauses 10 and 11 of State Environmental PlanningPolicy (Coastal Management) 2018 apply.

[4] Clause 48 Development permitted without consentOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlands orState Environmental Planning Policy No 26—Littoral Rainforests applies” fromclause 48 (3) (a).Insert instead “land within the coastal wetlands and littoral rainforests area (within themeaning of the Coastal Management Act 2016)”.

[5] Clause 48A Exempt developmentOmit “land to which State Environmental Planning Policy No 14—Coastal Wetlands orState Environmental Planning Policy No 26—Littoral Rainforests applies” fromclause 48A (2).Insert instead “land within the coastal wetlands and littoral rainforests area (within themeaning of the Coastal Management Act 2016)”.



[6] Clause 48B Development on certain coastal wetlands landOmit clause 48B (1). Insert instead:

(1) This clause applies to land identified as “coastal wetlands” on the CoastalWetlands and Littoral Rainforests Area Map within the meaning of StateEnvironmental Planning Policy (Coastal Management) 2018.

[7] Clause 79 Development permitted without consent—rail infrastructure facilities generallyOmit clause 79 (2) (b). Insert instead:


[8] Clause 94 Development permitted without consent—generalOmit clause 94 (2) (b). Insert instead:


[9] Clause 128 DefinitionOmit the definitions of coastal lake, Coastal Panel, coastal protection works and coastalzone management plan.

[10] Clause 128, definition of “waterway or foreshore management activities”Omit paragraph (d).

[11] Clause 129 Development permitted without consentOmit “coastal erosion” from clause 129 (2) (c). Insert instead “erosion”.

[12] Clause 129 (2) (c), noteOmit the note.

[13] Clause 129 (2A) and (2B)Omit the subclauses.

[14] Clause 129A Development with consentOmit the clause.

2.16 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

[1] Clause 3 InterpretationOmit paragraph (b) of the definition of environmentally sensitive area of Statesignificance in clause 3 (2).Insert instead:

(b) land identified as “coastal wetlands” or “littoral rainforest” on theCoastal Wetlands and Littoral Rainforests Area Map (within the



meaning of State Environmental Planning Policy (CoastalManagement) 2018), or

[2] Clause 5 Relationship with other environmental planning instrumentsOmit clause 5 (4) (b) and (c). Insert instead:

(b) State Environmental Planning Policy (Coastal Management) 2018,

2.17 State Environmental Planning Policy (State and Regional Development) 2011

[1] Clause 4 DefinitionsOmit paragraph (b) of the definition of environmentally sensitive area of Statesignificance in clause 4 (1).Insert instead:

(b) land identified as “coastal wetlands” or “littoral rainforest” on theCoastal Wetlands and Littoral Rainforests Area Map (within themeaning of State Environmental Planning Policy (CoastalManagement) 2018), or

[2] Schedule 7 Regionally significant developmentInsert after clause 8:

8A Certain coastal protection works(1) The following development on land within the coastal zone that is directly

adjacent to, or is under the waters of, the open ocean, the entrance to an estuaryor the entrance to a coastal lake that is open to the ocean:(a) development for the purpose of coastal protection works carried out by

a person other than a public authority, other than coastal protectionworks identified in the relevant certified coastal management program,

(b) development for the purpose of coastal protection works carried out byor on behalf of a public authority (other than development that may becarried out without development consent under clause 19 (2) (a) of StateEnvironmental Planning Policy (Coastal Management) 2018).

(2) Words and expressions used in this clause have (in relation to coastalprotection works) the same meaning as they have in State EnvironmentalPlanning Policy (Coastal Management) 2018.

2.18 State Environmental Planning Policy (State Significant Precincts) 2005[1] Clause 3 Definitions and key concepts

Omit the definitions of coastal lake and coastal zone from clause 3 (1).Insert in appropriate order:

coastal lake means a body of water identified in Schedule 1 to StateEnvironmental Planning Policy (Coastal Management) 2018.coastal zone has the same meaning as in the Coastal Management Act 2016.

[2] Schedule 3 State significant precinctsOmit clause 5 (b) from Part 24. Insert instead:

(b) State Environmental Planning Policy (Coastal Management) 2018.



2.19 State Environmental Planning Policy (Sydney Region Growth Centres) 2006DictionaryOmit the definitions of coastal lake and coastal zone.Insert instead, respectively:

coastal lake means a body of water identified in Schedule 1 to StateEnvironmental Planning Policy (Coastal Management) 2018.coastal zone has the same meaning as in the Coastal Management Act 2016.

2.20 Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011

[1] Clause 3.3 Environmentally sensitive areas excludedOmit paragraph (c) from the definition of environmentally sensitive area for exempt orcomplying development in clause 3.3 (2).Insert instead:

(c) land within the coastal wetlands and littoral rainforests area (within themeaning of the Coastal Management Act 2016),

[2] Clause 5.5 Development within the coastal zoneOmit the clause.

[3] DictionaryOmit the definitions of coastal foreshore and NSW Coastal Policy.

[4] Dictionary, definitions of “coastal hazard”, “coastal protection works” and “coastal zone”Omit “Coastal Protection Act 1979” wherever occurring.Insert instead “Coastal Management Act 2016”.

[5] Dictionary, definition of “coastal lake”Omit the definition. Insert instead:

coastal lake means a body of water identified in Schedule 1 to StateEnvironmental Planning Policy (Coastal Management) 2018.

[6] Dictionary, definition of “coastal zone”Omit the note to the definition.

2.21 Sydney Local Environmental Plan (Green Square Town Centre) 2013[1] Clause 3.3 Environmentally sensitive areas excluded

Omit paragraph (c) from the definition of environmentally sensitive area for exempt orcomplying development in clause 3.3 (2).Insert instead:










2.22 Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013

[1] Clause 3.3 Environmentally sensitive areas excludedOmit paragraph (c) from the definition of environmentally sensitive area for exempt orcomplying development in clause 3.3 (2).Insert instead:










2.23 Tweed Local Environmental Plan 2000[1] Clause 10 Complying development

Omit clause 10 (2) (c) (v) and (vi). Insert instead:(v) is land identified as “coastal wetlands” or “littoral rainforest” on

the Coastal Wetlands and Littoral Rainforests Area Map (withinthe meaning of State Environmental Planning Policy (CoastalManagement) 2018), or

[2] Clause 53C Seaside CityOmit clause 53C (5) (d) (i). Insert instead:

(i) land identified as “coastal wetlands” on the Coastal Wetlands andLittoral Rainforests Area Map (within the meaning of StateEnvironmental Planning Policy (Coastal Management) 2018), or

2.24 Tweed Local Environmental Plan 2014[1] Clause 7.1 Acid sulfate soils

Omit “land to which State Environmental Planning Policy No 14—Coastal Wetlandsapplies” from clause 7.1 (7) (d).Insert instead “land identified as “coastal wetlands” on the Coastal Wetlands and LittoralRainforests Area Map (within the meaning of State Environmental Planning Policy(Coastal Management) 2018)”.

[2] Clause 7.5 Coastal risk planningOmit “the Coastal Protection Act 1979” from the definition of coastal hazard inclause 7.5 (5).Insert instead “the Coastal Management Act 2016”.


Documents

State Environmental Planning Policy (Coastal … · State Environmental Planning Policy (Coastal Management) 2018 under the Environmental Planning and Assessment Act 1979 Page 3 …