{"id":"nsw:epi-2021-0729","name":"State Environmental Planning Policy (Primary Production) 2021","slug":"state-environmental-planning-policy-primary-production-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"729 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181097,"registerId":"nsw-nsw:epi-2021-0729-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to facilitate the orderly economic use and development of lands for primary production,\n> \n> > (b) to reduce land use conflict and sterilisation of rural land by balancing primary production, residential development and the protection of native vegetation, biodiversity and water resources,\n> \n> > (c) to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,\n> \n> > (d) to simplify the regulatory process for smaller-scale low risk artificial waterbodies, and routine maintenance of artificial water supply or drainage, in irrigation areas and districts, and for routine and emergency work in irrigation areas and districts,\n> \n> > (e) to encourage sustainable agriculture, including sustainable aquaculture,\n> \n> > (f) to require consideration of the effects of all proposed development in the State on oyster aquaculture,\n> \n> > (g) to identify aquaculture that is to be treated as designated development using a well-defined and concise development assessment regime based on environment risks associated with site and operational factors.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"division","heading":"Permissible marine waters aquaculture development","content":"## Division 2 Permissible marine waters aquaculture development\n\nDivision 2 Permissible marine waters aquaculture development","sortOrder":28},{"sectionNumber":"Division 3","sectionType":"division","heading":"Categorisation of aquaculture development and designated development","content":"## Division 3 Categorisation of aquaculture development and designated development\n\nDivision 3 Categorisation of aquaculture development and designated development","sortOrder":34},{"sectionNumber":"Division 4","sectionType":"division","heading":"Consideration of effects of proposed development on oyster aquaculture","content":"## Division 4 Consideration of effects of proposed development on oyster aquaculture\n\nDivision 4 Consideration of effects of proposed development on oyster aquaculture","sortOrder":38},{"sectionNumber":"3","sectionType":"section","heading":"Aims, objectives etc","content":"#### 3 Aims, objectives etc\n\n3.1 Aims, objectives etc\n\n> The general aims of this Chapter are—\n> \n> > (a) to provide for the environmental protection of the Central Coast plateau areas and to provide a basis for evaluating competing land uses,\n> \n> > (b) to encourage the use of land having a high agricultural capability for that purpose and, as much as possible, to direct development for non-agricultural purposes to land of lesser agricultural capability,\n> \n> > (c) to protect regionally significant mining resources and extractive materials from sterilization,\n> \n> > (d) to enable development for the purposes of extractive industries in specified locations,\n> \n> > (e) to protect the natural ecosystems of the region, and\n> \n> > (f) to maintain opportunities for wildlife movement across the region, and\n> \n> > (g) to discourage the preparation of draft local environmental plans designed to permit rural residential development, and\n> \n> > (h) to encourage the preparation of draft local environmental plans based on merits.","sortOrder":42},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State significant agricultural land","content":"# Schedule 1 State significant agricultural land\n\nSchedule 1 State significant agricultural land\n\n(Section 2.8)\n\nNote.\n\nAt the time Chapter 2 was made, this Schedule was blank.","sortOrder":49},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Marine waters aquaculture (other than oyster aquaculture)","content":"# Schedule 2 Marine waters aquaculture (other than oyster aquaculture)\n\nSchedule 2 Marine waters aquaculture (other than oyster aquaculture)\n\n(Section 2.20(2))\n\nNote.\n\nThis Schedule was blank on the commencement of Chapter 2.","sortOrder":50},{"sectionNumber":"Part 1","sectionType":"part","heading":"Excluded places","content":"# Part 1 Excluded places\n\nPart 1 Excluded places","sortOrder":51},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Designated consent authorities","content":"# Schedule 3 Designated consent authorities\n\nSchedule 3 Designated consent authorities\n\n(Sec 2.21(a))\n\nNote.\n\nAt the time Chapter 2 was made, this Schedule was blank.","sortOrder":53},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Application of certain standard provisions relating to primary production and rural development to non-standard local environmental plans and other instruments","content":"# Schedule 4 Application of certain standard provisions relating to primary production and rural development to non-standard local environmental plans and other instruments\n\nSchedule 4 Application of certain standard provisions relating to primary production and rural development to non-standard local environmental plans and other instruments\n\n**sch 4:** Am 2022 (593), Sch 3\\[4\\]; 2024 (42), Sch 1.40\\[2\\]–\\[5\\]; 2025 (150), Sch 2.","sortOrder":54},{"sectionNumber":"Part 3","sectionType":"part","heading":"Intensive livestock agriculture","content":"# Part 3 Intensive livestock agriculture\n\nPart 3 Intensive livestock agriculture","sortOrder":60},{"sectionNumber":"4","sectionType":"section","heading":"Intensive livestock agriculture","content":"#### 4 Intensive livestock agriculture\n\n4 Intensive livestock agriculture\n\n> > (1) The objectives of this section are—\n> > \n> > > (a) to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under a relevant EPI, and\n> > \n> > > (b) to provide for certain capacity thresholds below which development consent is not required for that development, subject to certain restrictions as to location.\n> \n> > (2) This section applies to each environmental planning instrument specified in Part B of the Table (referred to in this section as a relevant EPI) if development for the purpose of intensive livestock agriculture is permitted with development consent under the relevant EPI.\n> \n> > (3) In this section, a reference to intensive livestock agriculture includes a reference to any of the following land uses that apply under a relevant EPI—\n> > \n> > > (a) agriculture—general farming,\n> > \n> > > (b) intensive animal husbandry,\n> > \n> > > (c) intensive livestock keeping,\n> > \n> > > (d) feedlots, piggeries, poultry farms, stock homes,\n> > \n> > > (e) intensive keeping of animals.\n> \n> > (4) In determining whether or not to grant development consent under a relevant EPI to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—\n> > \n> > > (a) the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,\n> > \n> > > (b) the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,\n> > \n> > > (c) the potential for the pollution of surface water and ground water,\n> > \n> > > (d) the potential for the degradation of soils,\n> > \n> > > (e) the measures proposed to mitigate any potential adverse impacts,\n> > \n> > > (f) the suitability of the site in the circumstances,\n> > \n> > > (g) whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,\n> > \n> > > (h) the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.\n> \n> > (5) Despite any other provision of a relevant EPI, development for the purpose of intensive livestock agriculture may be carried out without development consent if—\n> > \n> > > (a) the development is of a type specified in subsection (6), and\n> > \n> > > (b) the consent authority is satisfied that the development will not be located—\n> > > \n> > > > (i) in an environmentally sensitive area, or\n> > > \n> > > > (ii) within 100 metres of a natural watercourse, or\n> > > \n> > > > (iii) in a drinking water catchment, or\n> > > \n> > > > (iv) within 500 metres of any dwelling that is not associated with the development, or a zone under a relevant EPI that is equivalent to a residential zone, or\n> > > \n> > > > (v) for a poultry farm used for breeding poultry—within 5km of another poultry farm, or\n> > > \n> > > > (vi) for a poultry farm not used for breeding poultry—\n> > > > \n> > > > > (A) within 5km of a poultry farm used for breeding poultry, or\n> > > > \n> > > > > (B) within 1km of a poultry farm not used for breeding poultry, or\n> > > \n> > > > (vii) for a pig farm—within 3km of another pig farm.\n> \n> > (6) The following types of development are specified for the purposes of subsection (5)—\n> > \n> > > (a) a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,\n> > \n> > > (b) a goat feedlot having a capacity to accommodate fewer than 200 goats,\n> > \n> > > (c) a sheep feedlot having a capacity to accommodate fewer than 200 sheep,\n> > \n> > > (d) a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),\n> > \n> > > (e) a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,\n> > \n> > > (f) a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).\n> \n> > (7) For the avoidance of doubt, subsection (5) does not apply to development that is prohibited or that may be carried out without development consent under a relevant EPI or any other environmental planning instrument.\n> \n> > (8) In this section—\n> > \n> > residential zone means any zone under the relevant EPI that is equivalent to any of the following zones—\n> > \n> > > (a) Zone RU4 Primary Production Small Lots,\n> > \n> > > (b) Zone RU5 Village,\n> > \n> > > (c) Zone RU6 Transition,\n> > \n> > > (d) Zone R1 General Residential,\n> > \n> > > (e) Zone R2 Low Density Residential,\n> > \n> > > (f) Zone R3 Medium Density Residential,\n> > \n> > > (g) Zone R4 High Density Residential,\n> > \n> > > (h) Zone R5 Large Lot Residential,\n> > \n> > > (i) Zone B4 Mixed Use,\n> > \n> > > (j) Zone B6 Enterprise Corridor,\n> > \n> > > (k) Zone C3 Environmental Management,\n> > \n> > > (l) Zone C4 Environmental Living.","sortOrder":61},{"sectionNumber":"Part 4","sectionType":"part","heading":"Aquaculture—development controls","content":"# Part 4 Aquaculture—development controls\n\nPart 4 Aquaculture—development controls","sortOrder":62},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part","content":"#### 5 Application of Part\n\n5 Application of Part\n\n> This Part applies to each environmental planning instrument specified in Part C of the Table (referred to in this Part as a relevant EPI).","sortOrder":63},{"sectionNumber":"6","sectionType":"section","heading":"Aquaculture that is permitted only with development consent","content":"#### 6 Aquaculture that is permitted only with development consent\n\n6 Aquaculture that is permitted only with development consent\n\n> > (1) Development for the purpose of aquaculture may be carried out only with development consent in zones under a relevant EPI that are equivalent to the following zones—\n> > \n> > > (a) Zone RU1 Primary Production,\n> > \n> > > (b) Zone RU2 Rural Landscape,\n> > \n> > > (c) Zone RU3 Forestry,\n> > \n> > > (d) Zone RU4 Primary Production Small Lots,\n> > \n> > > (e) Zone IN4 Working Waterfront,\n> > \n> > > (f) Zone SP1 Special Activities,\n> > \n> > > (g) Zone SP2 Infrastructure,\n> > \n> > > (h) Zone SP3 Tourist,\n> > \n> > > (i) Zone RE1 Public Recreation,\n> > \n> > > (j) Zone RE2 Private Recreation,\n> > \n> > > (k) Zone W1 Natural Waterways,\n> > \n> > > (l) Zone W2 Recreational Waterways,\n> > \n> > > (m) Zone W3 Working Waterways.\n> \n> > (2) Development for the purpose of oyster aquaculture may be carried out only with development consent in all zones under a relevant EPI.\n> \n> > (3) Development for the purpose of pond-based aquaculture may be carried out only with development consent in zones under a relevant EPI that are equivalent to the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R5 Large Lot Residential,\n> > \n> > > (d) Zone C3 Environmental Management,\n> > \n> > > (e) Zone C4 Environmental Living.\n> \n> > (4) Development for the purpose of tank-based aquaculture may be carried out only with development consent in zones under a relevant EPI that are equivalent to the following zones—\n> > \n> > > (a) Zone RU5 Village,\n> > \n> > > (b) Zone RU6 Transition,\n> > \n> > > (c) Zone R1 General Residential,\n> > \n> > > (d) Zone R2 Low Density Residential,\n> > \n> > > (e) Zone R3 Medium Density Residential,\n> > \n> > > (f) Zone R5 Large Lot Residential,\n> > \n> > > (g) Zone B1 Neighbourhood Centre,\n> > \n> > > (h) Zone B2 Local Centre,\n> > \n> > > (i) Zone B3 Commercial Core,\n> > \n> > > (j) Zone B4 Mixed Use,\n> > \n> > > (k) Zone B5 Business Development,\n> > \n> > > (l) Zone B6 Enterprise Corridor,\n> > \n> > > (m) Zone B7 Business Park,\n> > \n> > > (n) Zone B8 Metropolitan Centre,\n> > \n> > > (o) Zone IN1 General Industrial,\n> > \n> > > (p) Zone IN2 Light Industrial,\n> > \n> > > (q) Zone IN3 Heavy Industrial,\n> > \n> > > (r) Zone C3 Environmental Management,\n> > \n> > > (s) Zone C4 Environmental Living.","sortOrder":64},{"sectionNumber":"7","sectionType":"section","heading":"Aquaculture that is prohibited","content":"#### 7 Aquaculture that is prohibited\n\n7 Aquaculture that is prohibited\n\n> > (1) Development for the purpose of pond-based aquaculture is prohibited in zones under a relevant EPI that are equivalent to the following zones—\n> > \n> > > (a) Zone RU5 Village,\n> > \n> > > (b) Zone RU6 Transition,\n> > \n> > > (c) Zone R3 Medium Density Residential,\n> > \n> > > (d) Zone R4 High Density Residential,\n> > \n> > > (e) Zone B1 Neighbourhood Centre,\n> > \n> > > (f) Zone B2 Local Centre,\n> > \n> > > (g) Zone B3 Commercial Core,\n> > \n> > > (h) Zone B4 Mixed Use,\n> > \n> > > (i) Zone B5 Business Development,\n> > \n> > > (j) Zone B6 Enterprise Corridor,\n> > \n> > > (k) Zone B7 Business Park,\n> > \n> > > (l) Zone B8 Metropolitan Centre,\n> > \n> > > (m) Zone IN1 General Industrial,\n> > \n> > > (n) Zone IN2 Light Industrial,\n> > \n> > > (o) Zone IN3 Heavy Industrial,\n> > \n> > > (p) Zone C1 National Parks and Nature Reserves.\n> \n> > (2) Development for the purpose of tank-based aquaculture is prohibited in zones under a relevant EPI that are equivalent to the following zones—\n> > \n> > > (a) Zone R4 High Density Residential,\n> > \n> > > (b) Zone C1 National Parks and Nature Reserves,\n> > \n> > > (c) Zone C2 Environmental Conservation.","sortOrder":65},{"sectionNumber":"8","sectionType":"section","heading":"Pond-based, tank-based and oyster aquaculture","content":"#### 8 Pond-based, tank-based and oyster aquaculture\n\n8 Pond-based, tank-based and oyster aquaculture\n\n> > (1) Objectives The objectives of this section are as follows—\n> > \n> > > (a) to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,\n> > \n> > > (b) to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.\n> \n> > (2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—\n> > \n> > > (a) that the development complies with the site location and operational requirements set out in Division 1 of Part 5 of this Schedule for the development,\n> > \n> > > (b) in the case of—\n> > > \n> > > > (i) pond-based aquaculture or tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and\n> > > \n> > > > (ii) pond-based aquaculture in a zone under a relevant EPI that is equivalent to Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and\n> > > \n> > > > (iii) tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone R3 Medium Density Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and\n> > > \n> > > > (iv) pond-based aquaculture or tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.\n> \n> > (3) The requirements set out in Division 1 of Part 5 of this Schedule are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.\n> \n> > (4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—\n> > \n> > > (a) the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and\n> > \n> > > (b) the development complies with the site location requirements and operational requirements set out in Division 2 of Part 5 of this Schedule.\n> \n> > (5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—\n> > \n> > > (a) any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and\n> > \n> > > (b) the NSW Oyster Industry Sustainable Aquaculture Strategy.\n> \n> > (6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—\n> > \n> > > (a) on land that is wholly within a priority oyster aquaculture area, or\n> > \n> > > (b) on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.\n> \n> > (7) Definitions In this section—\n> > \n> > extensive aquaculture has the same meaning as in the [Fisheries Management (Aquaculture) Regulation 2017](/view/html/repealed/current/sl-2017-0443).","sortOrder":66},{"sectionNumber":"Part 5","sectionType":"part","heading":"Pond-based and tank-based aquaculture—site location and operational requirements","content":"# Part 5 Pond-based and tank-based aquaculture—site location and operational requirements\n\nPart 5 Pond-based and tank-based aquaculture—site location and operational requirements\n\nNote.\n\nThis Part contains the site location and operational requirements referred to in section 8 of this Schedule.","sortOrder":67},{"sectionNumber":"sch.4-pt.5-div.1-sdiv.1","sectionType":"division","heading":"Site location requirements","content":"### sch.4-pt.5-div.1-sdiv.1 Site location requirements\n\nSubdivision 1 Site location requirements","sortOrder":69},{"sectionNumber":"9","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 9 Conservation exclusion zones\n\n9 Conservation exclusion zones\n\n> > (1) Must not be carried out on land dedicated or reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (2) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> > (3) Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—\n> > \n> > > (a) land declared as an aquatic reserve under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> > \n> > > (b) land declared as a marine park under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072).\n> \n> Note.\n> \n> Nothing in subsection (2) or (3) affects any requirement under an Act relating to land specified in subsection (2) or (3) to obtain a licence or other authority under that Act for development of the land.","sortOrder":70},{"sectionNumber":"sch.4-pt.5-div.1-sdiv.2","sectionType":"division","heading":"Operational requirements","content":"### sch.4-pt.5-div.1-sdiv.2 Operational requirements\n\nSubdivision 2 Operational requirements","sortOrder":71},{"sectionNumber":"10","sectionType":"section","heading":"Species selection","content":"#### 10 Species selection\n\n10 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan.","sortOrder":72},{"sectionNumber":"11","sectionType":"section","heading":"Pond-based aquaculture that is also intensive aquaculture—pond design","content":"#### 11 Pond-based aquaculture that is also intensive aquaculture—pond design\n\n11 Pond-based aquaculture that is also intensive aquaculture—pond design\n\n> For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.","sortOrder":73},{"sectionNumber":"12","sectionType":"section","heading":"Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges","content":"#### 12 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges\n\n12 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges\n\n> For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.","sortOrder":74},{"sectionNumber":"13","sectionType":"section","heading":"Outlets from culture ponds etc","content":"#### 13 Outlets from culture ponds etc\n\n13 Outlets from culture ponds etc\n\n> All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.","sortOrder":75},{"sectionNumber":"14","sectionType":"section","heading":"Definition","content":"#### 14 Definition\n\n14 Definition\n\n> In this Subdivision—\n> \n> intensive aquaculture has the same meaning as it has in the [Fisheries Management (Aquaculture) Regulation 2017](/view/html/repealed/current/sl-2017-0443).","sortOrder":76},{"sectionNumber":"sch.4-pt.5-div.2-sdiv.1","sectionType":"division","heading":"Site location requirements","content":"### sch.4-pt.5-div.2-sdiv.1 Site location requirements\n\nSubdivision 1 Site location requirements","sortOrder":78},{"sectionNumber":"15","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 15 Conservation exclusion zones\n\n15 Conservation exclusion zones\n\n> > (1) Must not be carried out on land dedicated or reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (2) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in subsection (2) affects any requirement under an Act relating to land specified in subsection (2) to obtain a licence or other authority under that Act for development of the land.","sortOrder":79},{"sectionNumber":"16","sectionType":"section","heading":"Flood liability","content":"#### 16 Flood liability\n\n16 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":80},{"sectionNumber":"sch.4-pt.5-div.2-sdiv.2","sectionType":"division","heading":"Operational requirements","content":"### sch.4-pt.5-div.2-sdiv.2 Operational requirements\n\nSubdivision 2 Operational requirements","sortOrder":81},{"sectionNumber":"17","sectionType":"section","heading":"Species selection","content":"#### 17 Species selection\n\n17 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan.","sortOrder":82},{"sectionNumber":"18","sectionType":"section","heading":"Pond design","content":"#### 18 Pond design\n\n18 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":83},{"sectionNumber":"19","sectionType":"section","heading":"Culture water","content":"#### 19 Culture water\n\n19 Culture water\n\n> Must use freshwater.","sortOrder":84},{"sectionNumber":"Part 6","sectionType":"part","heading":"Table of EPIs to which Schedule applies","content":"# Part 6 Table of EPIs to which Schedule applies\n\nPart 6 Table of EPIs to which Schedule applies\n\nNote.\n\nParts A, B and C of the following Table specify the relevant environmental planning instruments to which sections 1, 3 and 4 and Part 4 of this Schedule apply.\n\n| Name of environmental planning instrument |\n| Part A—EPIs to which sections 1 and 3 apply |\n| Ballina Local Environmental Plan 1987 |\n| Bega Valley Local Environmental Plan 2002 |\n| Byron Local Environmental Plan 1988 |\n| Forbes Local Environmental Plan 1986 |\n| Gosford Interim Development Order No 122 |\n| Gosford Planning Scheme Ordinance |\n| Kyogle Interim Development Order No 1 |\n| Lismore Local Environmental Plan 2000 |\n| Lithgow City Local Environmental Plan 1994 |\n| Lord Howe Island Local Environmental Plan 2010 |\n| Queanbeyan Local Environmental Plan 1991 |\n| Queanbeyan Local Environmental Plan 1998 |\n| Shellharbour Local Environmental Plan 2000 |\n| Shellharbour Rural Local Environmental Plan 2004 |\n| Shoalhaven Interim Development Order No 1 |\n| Shoalhaven Local Environmental Plan 1985 |\n| Singleton Local Environmental Plan 1996 |\n| Terania Interim Development Order No 1 |\n| Tweed Local Environmental Plan 1987 |\n| Tweed Local Environmental Plan 2000 |\n| Yarrowlumla Local Environmental Plan 2002 |\n| Young Local Environmental Plan 1991—Urban Lands |\n| Part B—EPIs to which sections 1 and 4 apply |\n| Ballina Local Environmental Plan 1987 |\n| Bega Valley Local Environmental Plan 2002 |\n| Blue Mountains Local Environmental Plan No 4 |\n| Byron Local Environmental Plan 1988 |\n| Campbelltown Interim Development Order No 15 |\n| Campbelltown (Urban Area) Local Environmental Plan 2002 |\n| Forbes Local Environmental Plan 1986 |\n| Gosford Interim Development Order No 122 |\n| Gosford Planning Scheme Ordinance |\n| Hurstville Local Environmental Plan 1994 |\n| Ku-ring-gai Planning Scheme Ordinance |\n| Kyogle Interim Development Order No 1 |\n| Lake Macquarie Local Environmental Plan 1984 |\n| Lake Macquarie Local Environmental Plan 2004 |\n| Leichhardt Local Environmental Plan 2000 |\n| Lismore Local Environmental Plan 2000 |\n| Lord Howe Island Local Environmental Plan 2010 |\n| Penrith Interim Development Order No 93 |\n| Penrith Local Environmental Plan 1998 (Urban Land) |\n| Penrith Local Environmental Plan No 201 (Rural Lands) |\n| Queanbeyan Local Environmental Plan 1991 |\n| Queanbeyan Local Environmental Plan 1998 |\n| Shellharbour Local Environmental Plan 2000 |\n| Shellharbour Rural Local Environmental Plan 2004 |\n| Shoalhaven Interim Development Order No 1 |\n| Shoalhaven Local Environmental Plan 1985 |\n| Singleton Local Environmental Plan 1996 |\n| Sutherland Shire Local Environmental Plan 2000 |\n| Tweed Local Environmental Plan 1987 |\n| Tweed Local Environmental Plan 2000 |\n| Wollongong Local Environmental Plan 1990 |\n| Wollongong Local Environmental Plan No 38 |\n| Yarrowlumla Local Environmental Plan 2002 |\n| Part C—EPIs to which section 1 and Part 4 apply |\n| Ballina Local Environmental Plan 1987 |\n| Bega Valley Local Environmental Plan 2002 |\n| Blue Mountains Local Environmental Plan 1991 |\n| Blue Mountains Local Environmental Plan 2005 |\n| Blue Mountains Local Environmental Plan No 4 |\n| Botany Local Environmental Plan 1995 |\n| Byron Local Environmental Plan 1988 |\n| Campbelltown Interim Development Order No 15 |\n| Campbelltown Local Environmental Plan—District 8 (Central Hills Lands) |\n| Campbelltown (Urban Area) Local Environmental Plan 2002 |\n| Fairfield Local Environmental Plan 1994 |\n| Forbes Local Environmental Plan 1986 |\n| Gosford Interim Development Order No 122 |\n| Gosford Planning Scheme Ordinance |\n| Hurstville Local Environmental Plan 1994 |\n| Ku-ring-gai Planning Scheme Ordinance |\n| Kyogle Interim Development Order No 1 |\n| Lake Macquarie Local Environmental Plan 1984 |\n| Lake Macquarie Local Environmental Plan 2004 |\n| Leichhardt Local Environmental Plan 2000 |\n| Lismore Local Environmental Plan 2000 |\n| Lithgow City Local Environmental Plan 1994 |\n| Lord Howe Island Local Environmental Plan 2010 |\n| Penrith Interim Development Order No 13 |\n| Penrith Interim Development Order No 47 |\n| Penrith Interim Development Order No 93 |\n| Penrith Local Environmental Plan 1998 (Urban Land) |\n| Penrith Local Environmental Plan No 201 (Rural Lands) |\n| Queanbeyan Local Environmental Plan 1991 |\n| Queanbeyan Local Environmental Plan 1998 |\n| Shellharbour Local Environmental Plan 2000 |\n| Shellharbour Rural Local Environmental Plan 2004 |\n| Shoalhaven Interim Development Order No 1 |\n| Shoalhaven Local Environmental Plan 1985 |\n| Singleton Local Environmental Plan 1996 |\n| South Sydney Local Environmental Plan 1998 |\n| Sutherland Shire Local Environmental Plan 2000 |\n| Sutherland Shire Local Environmental Plan 2006 |\n| Sydney Local Environmental Plan 2005 |\n| Terania Interim Development Order No 1 |\n| Tweed Local Environmental Plan 1987 |\n| Tweed Local Environmental Plan 2000 |\n| Wollongong Local Environmental Plan 1990 |\n| Wollongong Local Environmental Plan No 38 |\n| Yarrowlumla Local Environmental Plan 2002 |\n| Young Local Environmental Plan 1991—Urban Lands |","sortOrder":85},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Rural land sharing communities","content":"# Schedule 5 Rural land sharing communities\n\nSchedule 5 Rural land sharing communities\n\n**sch 5:** Am 2022 (220), cl 4; 2023 (485), Sch 2.","sortOrder":86},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6 (Repealed)\n\n**sch 6:** Rep, 2021 (729), Sch 6.","sortOrder":96}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation appears to be a consolidation instrument that has absorbed at least two distinct previous policies. Chapter 2 is the modern Primary Production SEPP, while Chapter 3 is clearly a transferred Regional Environmental Plan (Sydney Regional Environmental Plan No 8 - Central Coast Plateau Areas) with completely different aims focused on the Gosford/Wyong area. Additionally, Schedule 4 applies provisions to over 40 outdated local environmental plans, effectively extending the policy's reach far beyond its original primary production focus into general rural residential and aquaculture controls across disparate regions. The instrument has evolved from a simple primary production policy into a complex 'omnibus' planning instrument maintaining legacy controls across multiple jurisdictions."},"complexity_factors":["Multiple overlapping chapters with different aims and definitions (Chapters 2 and 3 appear to be distinct instruments merged together, with Chapter 3 being an older Regional Environmental Plan)","Extensive cross-referencing to other legislation including the Fisheries Management Act 1994, Water Management Act 2000, Biodiversity Conservation Act 2016, and numerous repealed or superseded local environmental plans","Schedule 4 applies different provisions to 40+ different local environmental plans using a complex table system (Parts A, B, C)","Nested conditional logic for exempt development (e.g., section 2.16 allows certain livestock development without consent only if multiple location restrictions are met: not in environmentally sensitive areas, not within 100m of watercourses, not within 500m of residential zones, etc.)","Three-tier risk classification system for aquaculture (Class 1, 2, 3) based on a 'project profile analysis' matrix that is external to the instrument (section 2.24-2.25)","Multiple definitions sections (1.3, 2.2, 3.3) with overlapping terms like 'the Act' defined differently in different contexts","Blank schedules (Schedules 1, 2, 3) that are populated by external maps or future amendments, making the full regulatory picture incomplete from the text alone","Savings and transitional provisions (section 2.6) that create parallel assessment pathways for pending applications","Specific zone equivalency provisions (Schedule 4, section 2) requiring mapping between 'named land use zones' and older local plan zones"],"plain_english_summary":"This NSW planning policy (SEPP) governs how land is used for farming, livestock, and aquaculture (fish farming) across the state. It has several key purposes:\n\n**What it does:**\n- **Protects valuable farmland**: Identifies and safeguards 'State significant agricultural land' from being lost to housing or other incompatible uses.\n- **Regulates water infrastructure**: Sets rules for building farm dams and irrigation channels, allowing small, low-risk waterbodies without council approval (development consent) while requiring approval for larger ones.\n- **Manages livestock operations**: Allows temporary emergency feeding or housing of animals without approval during droughts or fires, but requires approval for large intensive operations (feedlots, piggeries, poultry farms) in the Western Division (remote NSW).\n- **Controls aquaculture**: Creates a detailed system for assessing fish farming based on environmental risk, with stricter rules for marine (ocean) aquaculture. It also specifically protects the oyster industry by requiring other developments to consider impacts on oyster leases.\n- **Applies standard rules to old plans**: Schedules 4 and 5 apply modern planning controls to dozens of older local environmental plans that haven't been updated to the current standard format.\n\n**Who it affects:**\n- Farmers and primary producers wanting to build dams, establish feedlots, or diversify into aquaculture.\n- Irrigation corporations managing water channels in areas like the Murray-Darling Basin.\n- Councils and the NSW Minister for Planning, who assess development applications.\n- The oyster aquaculture industry, which gets special protection.\n- Rural landowners in specific areas (like the Central Coast plateau) covered by older planning instruments.\n\n**Why it matters:**\nThe policy tries to balance food production with environmental protection and residential amenity. It prevents 'sterilisation' of good farming land (where land becomes too fragmented or surrounded by housing to farm effectively), protects water quality for oyster growers, and simplifies some approvals for low-risk farming activities while ensuring high-risk operations get proper scrutiny."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The frequency of amendments (8 versions in under 4 years) strongly suggests the policy's scope has evolved since it was first made in December 2021. This is typical of SEPPs in NSW, where initial frameworks are progressively expanded or refined to address emerging issues, fill gaps, or respond to political and industry pressures. Without the full text of each version it is not possible to detail exactly how scope changed, but the pattern of amendments indicates the original intent has been supplemented or adjusted over time."},"complexity_factors":["State Environmental Planning Policies (SEPPs) override local council planning instruments, creating a layered and sometimes conflicting regulatory hierarchy","The policy has been amended at least 8 times since commencement in December 2021, meaning different rules applied at different points in time — relevant for historical disputes or approvals","Primary production law intersects with multiple other legal frameworks including the Environmental Planning and Assessment Act 1979, the Local Land Services Act 2013, and biosecurity legislation","The policy covers diverse and technically distinct industries (cropping, livestock, aquaculture, forestry) each with their own regulatory nuances","Land use conflict provisions require legal interpretation of what constitutes 'unreasonable interference' with farming activities","Identifying which land qualifies as 'significant agricultural land' requires reference to maps and external datasets","Only metadata was provided — the actual operative provisions were not included, limiting full assessment but indicating the policy is substantive enough to warrant frequent amendment"],"plain_english_summary":"This NSW planning policy sets statewide rules protecting land used for farming, aquaculture and forestry, clarifying what primary producers can do and shielding productive agricultural land from incompatible urban development. It affects farmers, landowners, councils deciding development applications, and developers near farmland by addressing land-use conflicts, right-to-farm protections, and the protection of significant agricultural land. The policy has been amended several times since 2021."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Policy has been amended since commencement, with amendment notes attached to several provisions (for example s 2.6 Am 2022 (593) Sch 3[1]; s 2.16 Am 2022 (593), 2023 No 35, 2024 (42); Sch 4 Am 2022 (593), 2024 (42), 2025 (150); Sch 5 Am 2022 (220), 2023 (485)). These amendments and the multiple schedule updates indicate the Policy’s application and thresholds have been adjusted after initial commencement; several Schedules and Schedule-based consent‑authority listings were blank at commencement but are signposted for later filling or amendment (see s 2.8 note; Schs 2 and 3 notes)."},"complexity_factors":["Extensive cross-references to other statutes and instruments (Environmental Planning and Assessment Act 1979, Interpretation Act 1987, Water Management Act 2000, Fisheries Management Act 1994, and others) (see s 1.3; s 2.2 notes).","Multiple area- and map‑based rules (East Cadell Map, priority oyster aquaculture areas, SPA maps) that vary application by location (see ss 2.5; 2.10; s 2.2 definitions).","Layered consent regimes with numerous exceptions: general consent requirements, specified permissive no-consent activities, designated development and prohibited categories (see ss 2.11–2.14; 2.12; 2.20; 2.23).","Numeric capacity and distance thresholds across sectors (farm dams, livestock stocking, poultry/pig separation distances, aquaculture pond sizes) that trigger different approval paths (see ss 2.11(2), 2.12, 2.16, 2.17, schs).","Delegation and differing decision-makers (local consent authority, Minister, and designated authorities in Schedule 3) with specific matters to be considered and consultation obligations (see ss 2.21; 2.17(5); 2.27–2.29).","Sector‑specific technical regimes: aquaculture risk matrices, project profile analyses and three risk classes that determine advertising and designated development status (see ss 2.24–2.26).","Numerous schedules and parts (some blank at commencement) and a long table of applied local environmental instruments, increasing administrative complexity for local councils (see Schs 1–5; Part 6 Table).","Amendment and savings provisions altering transitional treatment of development applications and provisions over time (see s 2.6 and amendment notes throughout)."],"plain_english_summary":"This Policy sets statewide planning rules for primary production by defining when farm-related works (small dams, irrigation maintenance, livestock enclosures, feedlots and aquaculture) require development consent and when they may proceed without consent. It affects farmers, irrigation corporations, aquaculture operators and consent authorities (local councils or the Minister); the rules allocate decision‑making power (see ss 2.11–2.14, 2.16–2.17, 2.20–2.21), impose site, capacity and operational thresholds, and change compliance costs and incentives for where and how primary production occurs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-primary-production-2021","history":"/api/acts/state-environmental-planning-policy-primary-production-2021/history","analysis":"/api/acts/state-environmental-planning-policy-primary-production-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-primary-production-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-primary-production-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-primary-production-2021/documents"}}