{"id":"nsw:epi-2021-0730","name":"State Environmental Planning Policy (Resilience and Hazards) 2021","slug":"state-environmental-planning-policy-resilience-and-hazards-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"730 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181106,"registerId":"nsw-nsw:epi-2021-0730-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 (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730).","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":"Aim of Chapter","content":"#### 2 Aim of Chapter\n\n2.1 Aim of Chapter\n\n> The aim of this Chapter is to promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020), including the management objectives for each coastal management area, by—\n> \n> > (a) managing development in the coastal zone and protecting the environmental assets of the coast, and\n> \n> > (b) establishing a framework for land use planning to guide decision-making in the coastal zone, and\n> \n> > (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](/view/html/inforce/current/act-2016-020).","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Coastal wetlands and littoral rainforests area","content":"## Division 1 Coastal wetlands and littoral rainforests area\n\nDivision 1 Coastal wetlands and littoral rainforests area","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Coastal vulnerability area","content":"## Division 2 Coastal vulnerability area\n\nDivision 2 Coastal vulnerability area\n\n**pt 2.2, div 2, note:** Am 2023 (435), cl 6.","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"Coastal environment area","content":"## Division 3 Coastal environment area\n\nDivision 3 Coastal environment area","sortOrder":17},{"sectionNumber":"Division 4","sectionType":"division","heading":"Coastal use area","content":"## Division 4 Coastal use area\n\nDivision 4 Coastal use area","sortOrder":19},{"sectionNumber":"Division 5","sectionType":"division","heading":"General","content":"## Division 5 General\n\nDivision 5 General","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Preliminary","content":"# Part 3 Preliminary\n\nPart 3.1 Preliminary","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Aims, objectives etc","content":"#### 3 Aims, objectives etc\n\n3.1 Aims, objectives etc\n\n> This Chapter aims—\n> \n> > (a) to amend the definitions of hazardous and offensive industries where used in environmental planning instruments, and\n> \n> > (b) to render ineffective a provision of any environmental planning instrument that prohibits development for the purpose of a storage facility on the ground that the facility is hazardous or offensive if it is not a hazardous or offensive storage establishment as defined in this Chapter, and\n> \n> > (c) to require development consent for hazardous or offensive development proposed to be carried out in the Western Division, and\n> \n> > (d) to ensure that in determining whether a development is a hazardous or offensive industry, any measures proposed to be employed to reduce the impact of the development are taken into account, and\n> \n> > (e) to ensure that in considering any application to carry out potentially hazardous or offensive development, the consent authority has sufficient information to assess whether the development is hazardous or offensive and to impose conditions to reduce or minimise any adverse impact, and\n> \n> > (f) to require the advertising of applications to carry out any such development.","sortOrder":31},{"sectionNumber":"4","sectionType":"section","heading":"Object of this Chapter","content":"#### 4 Object of this Chapter\n\n4.1 Object of this Chapter\n\n> > (1) The object of this Chapter is to provide for a Statewide planning approach to the remediation of contaminated land.\n> \n> > (2) In particular, this Chapter aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment—\n> > \n> > > (a) by specifying when consent is required, and when it is not required, for a remediation work, and\n> > \n> > > (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and\n> > \n> > > (c) by requiring that a remediation work meet certain standards and notification requirements.","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Coastal lakes","content":"# Schedule 1 Coastal lakes\n\nSchedule 1 Coastal lakes\n\nsection 2.2(1), definition of “coastal lake”\n\nSensitive coastal lakes\n\nBondi Lagoon (Lake)\n\nBournda Lagoon and Sandy Beach Creek\n\nDurras Lake\n\nLake Arragan\n\nLake Brou (Brou Lake)\n\nLake Brunderee\n\nLake Hiawatha\n\nLake Minnie Water\n\nLake Tarourga\n\nLake Wollumboola\n\nMeroo Lake\n\nNadgee Lake\n\nNargal Lake\n\nNelson Lagoon\n\nSaltwater Lake\n\nTermeil Lake\n\nTi Tree (Taylors) Lake\n\nOther coastal lakes\n\n| 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 |","sortOrder":65},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Specified clean-up notices","content":"# Schedule 2 Specified clean-up notices\n\nSchedule 2 Specified clean-up notices\n\nsection 4.18\n\nNotice No 1030236 dated 26 September 2003 and addressed to Orica Australia Pty Ltd","sortOrder":66},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 2021 (730), Sch 3.","sortOrder":67}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The policy consolidated and replaced several previously separate planning instruments (including the former Coastal Management SEPP, the Exempt and Complying Development SEPP provisions relating to hazards, and Mine Subsidence provisions), broadening its scope beyond what any single predecessor instrument covered. The inclusion of acid sulfate soils, contaminated land, and coastal resilience alongside traditional natural hazard provisions represents an expanded, unified scope compared to the original fragmented approach. Subsequent amendments between 2021 and 2023 further adjusted its scope and operation."},"complexity_factors":["Consolidates multiple previously separate planning instruments covering diverse hazard types (bushfire, flooding, coastal hazards, mine subsidence, contaminated land, acid sulfate soils)","Interacts with and overrides local council planning rules (Local Environmental Plans), creating a layered legal framework that requires cross-referencing multiple documents","Multiple amendments since commencement (6 versions in under 2 years) create uncertainty about which version applies to any given development application","Technical scientific and engineering standards embedded in legal requirements (e.g., flood planning levels, bushfire attack level ratings, acid sulfate soil classifications)","Applies differently depending on land classification, hazard type, and development category — no single uniform rule","Requires interpretation alongside enabling legislation (Environmental Planning and Assessment Act 1979) and other state policies","Only metadata and status information was provided — the substantive provisions of the policy are not included in the text supplied, limiting full analysis","Significant real-world consequences for property rights that are not immediately obvious from the policy's technical language"],"plain_english_summary":"This NSW planning policy governs where and how land can be used and developed in areas at risk from natural hazards and environmental issues (flooding, bushfire, coastal erosion, contaminated land, mine subsidence, acid sulfate soils). It consolidates several older hazard policies into a single framework.\n\nIt affects property owners, developers, local councils and buyers/investors in hazard-prone areas because it can restrict development, impose design/conditioning costs, require additional studies, and influence property value and insurability."},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Chapter centralises coastal land controls by identifying state maps for the four coastal management areas and providing zone‑specific consent tests, while making the Chapter prevail over inconsistent environmental planning instruments (s 2.5). It therefore extends state‑level, mapped planning controls and creates new statewide exemptions, hierarchy rules and public‑authority permissions (see ss 2.4, 2.7, 2.15, 2.16)."},"complexity_factors":["Multiple mapped coastal management zones with differing, zone-specific consent tests (ss 2.4, 2.7, 2.9–2.11).","Cross-references to several other Acts and planning instruments (Coastal Management Act 2016, Fisheries Management Act 1994, Local Land Services Act 2013, etc.) increasing interpretive dependencies (see s 2.1, s 2.2 notes).","Designated development declaration for many activities in wetlands/rainforests and associated development consent thresholds (s 2.7(2)).","Public-authority exemptions and conditional permission to undertake protection works without consent, with detailed sub‑rules (s 2.7(3), s 2.16(2)–(3)).","Hierarchy rule where overlapping zones conflict, changing which controls prevail (s 2.15).","Chapter prevailing over other environmental planning instruments in event of inconsistency, subject to limited exceptions (s 2.5 and s 2.14).","Map management and Ministerial approval/amendment powers for the coastal maps, and public‑access requirements (s 2.6).","Savings and transitional detail affecting pending Part 5 approvals and timing (s 2.18)."],"plain_english_summary":"This excerpt establishes mapped coastal management zones (coastal wetlands and littoral rainforests area, coastal vulnerability area, coastal environment area, and coastal use area) and sets development consent requirements for each zone, including restrictions on clearing and earthworks in wetlands/rainforests (s 2.7), engineering and hazard-management requirements for vulnerable areas (s 2.9), and impact-assessment requirements for environment and use areas (ss 2.10–2.11). It also allows public authorities to carry out certain coastal protection works without consent if identified in certified coastal management programs or meeting specified criteria (s 2.16(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation represents a significant consolidation and expansion of scope. Originally, these were three separate SEPPs (Coastal Management, Hazardous and Offensive Development, and Remediation of Land). The consolidation itself changes the scope by creating interactions between previously siloed areas. Additionally, the coastal provisions have expanded to explicitly address climate change adaptation and coastal hazards (section 2.9), which was less prominent in predecessor instruments. The inclusion of specific site-based perpetual care requirements for Boolaroo (section 4.19) and detailed emergency works provisions also represent scope growth beyond the original 'remediation' focus."},"complexity_factors":["Multiple distinct policy areas (coastal, hazardous development, contaminated land) consolidated into one instrument with different objectives and mechanisms","Heavy reliance on external maps (4 separate coastal zone maps) and guidelines (contaminated land planning guidelines) that are not contained in the text","Nested definitions with conditional logic: 'potentially hazardous industry' vs 'hazardous industry' depends on whether mitigation measures are employed (section 3.2 vs 3.3)","Cross-references to at least 15 other Acts including the Coastal Management Act 2016, Contaminated Land Management Act 1997, Fisheries Management Act 1994, and various repealed Acts","Complex hierarchy of controls: section 2.15 establishes a four-tier hierarchy when coastal zones overlap (wetlands > vulnerability > environment > use)","Multiple exceptions and carve-outs: emergency works (2.16), excluded land (Three Ports SEPP, Biodiversity SEPP), savings provisions for pre-existing approvals (2.18), and specific Barangaroo exemptions (4.17)","Category 1 vs Category 2 remediation work determination requires checking against 6 separate criteria in section 4.8 plus exceptions in 4.11","Specific site-based provisions for Cockle Creek smelter (4.19) with unique certification requirements that override general rules"],"plain_english_summary":"This NSW planning policy (called a 'SEPP') is a consolidation of three previously separate policies covering coastal management, hazardous and offensive development, and contaminated land remediation. It sets the rules for what can be built where, with a focus on protecting the environment and public safety.\n\n**What it does in three main areas:**\n\n**1. Coastal Zone Management (Chapter 2)**\n- Divides the NSW coast into four mapped zones: coastal wetlands, coastal vulnerability areas, coastal environment areas, and coastal use areas.\n- **Tight controls on sensitive areas:** You generally need development consent to clear vegetation, do earthworks, or build in wetlands and littoral rainforests. Some activities are banned unless they protect the environment.\n- **Climate resilience:** In coastal vulnerability areas, buildings must be engineered to withstand current and future coastal hazards (like erosion and storm surges).\n- **Public access and heritage:** All coastal development must consider impacts on public beach access, Aboriginal cultural heritage, and scenic values.\n- **Coastal protection works:** Seawalls and beach nourishment projects need consent, though public authorities can do emergency works (like sandbagging) without consent for up to 90 days.\n\n**2. Hazardous and Offensive Development (Chapter 3)**\n- **Standardises definitions:** Updates what counts as 'hazardous' or 'offensive' industry across all planning instruments in NSW.\n- **Risk-based approach:** Whether something is 'hazardous' depends on whether it poses significant risks to health or the environment *even after* mitigation measures are applied.\n- **Extra scrutiny:** Applications for potentially hazardous or offensive developments must include detailed hazard analyses, be advertised to the public, and consider alternative locations.\n- **Western Division rule:** In the sparsely populated Western Division, all hazardous/offensive development needs explicit consent from either the local council or the Minister.\n\n**3. Contaminated Land Remediation (Chapter 4)**\n- **Two-tier system:** 'Category 1' remediation (high-risk or environmentally sensitive sites) needs development consent; 'Category 2' (lower risk) does not but requires 30 days' notice to council.\n- **Duty to investigate:** Councils must consider whether land is contaminated before approving new development, especially for sensitive uses like housing, schools, or hospitals.\n- **Special rules for Boolaroo:** Development at the former Cockle Creek zinc smelter site near Lake Macquarie requires a certificate from the Planning Secretary proving 'perpetual care' arrangements are in place for the contaminated containment cell.\n\n**Who it affects:**\n- Property developers and homeowners in coastal areas\n- Industrial operators dealing with hazardous materials\n- Councils and state agencies assessing development applications\n- Anyone buying or remediating contaminated land\n\n**Why it matters:**\nThis policy is a key tool for adapting to climate change on the coast, preventing inappropriate development in risky or sensitive locations, ensuring dangerous industries are properly managed, and cleaning up contaminated land safely."}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021","history":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021/history","analysis":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-resilience-and-hazards-2021/documents"}}