41Foreshore building lines

41 Foreshore building lines

41 Foreshore building lines

(1) The Council may, by resolution, fix a building line (in this clause referred to as a foreshore building line) in respect of any land fronting Port Jackson.

(2) A foreshore building line, when fixed by the Council is to be marked on a plan or clearly described in the resolution and such plan or resolution is to be available for inspection by the public, without charge, during the office hours of the Council.

(3) Until such time as the Council so fixes a foreshore building line, any line shown on the map—

(a) by a broken black line with the words “Foreshore Building Line—12m” marked in black letters, or

(b) by a broken black line with the words “Foreshore Building Line—35m” marked in black letters,

is taken to be a foreshore building line fixed under this clause.

(4) The Council may alter or abolish any foreshore building line (including one established under subclause (3)) where the levels, depth or other exceptional features of the site make it expedient to do so.

(5) Except with the consent of the Council granted as referred to in subclause (6), a building must not be erected between a foreshore building line and the mean high water mark of the waters of Port Jackson.

(6) The Council may, after having made an assessment of the probable aesthetic appearance of the proposed structure in relation to the foreshore, consent to the erection of—

(a) baths, swimming pools and ancillary buildings, or

(b) boat sheds, or

(c) wharves, or

(d) jetties, or

(e) other structures or works below or at the surface of the ground,

between a foreshore building line and the mean high water mark of the waters of Port Jackson.