171AActivities in catchments—the Act, s 5.10(a)

#### 171A Activities in catchments—the Act, s 5.10(a) 171A Activities in catchments—the Act, s 5.10(a) > > (1) When considering the likely impact on the environment of an activity proposed to be carried out in a regulated catchment, a determining authority must take into account— > > > > > (a) the matters a consent authority must consider under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), sections 6.6(1), 6.7(1), 6.8(1) and 6.9(1), and > > > > > (b) the matters of which a consent authority must be satisfied under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), sections 6.6(2), 6.7(2), 6.8(2) and 6.9(2). > > > (2) However, the determining authority is not required to take into account the matters specified in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.9(1) or (2) if the activity is proposed to be carried out in a special area under the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074). > > > (3) When considering the likely impact on the environment of an activity proposed to be carried out in the Sydney Drinking Water Catchment, the determining authority— > > > > > (a) must, in addition to the matters referred to in subsection (1), take into account whether the activity— > > > > > > > (i) will have a neutral or beneficial effect on water quality, and > > > > > > > (ii) is consistent with the NorBE Guideline within the meaning of [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Part 6.5, and > > > > > (b) is not required to take into account the matters specified in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.6(1)(a) or (2)(a). > > > (4) When considering the likely impact on the environment of an activity proposed to be carried out in the Sydney Harbour Catchment, the determining authority must, in addition to the matters referred to in subsection (1), take into account the matters a consent authority must consider under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), section 6.28(1). > > > (5) The requirements of this section are in addition to the requirements specified in section 171. > > > (6) In this section— > > > > regulated catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6. > > > > Sydney Drinking Water Catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6. > > > > Sydney Harbour Catchment has the same meaning as in [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6. > > **s 171A:** Ins 2022 (621), Sch 1.