Name of Policy
1 Name of Policy
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Biodiversity and Conservation) 2021.
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New South Wales regulation
**What this policy does (mechanics first)
Establishes a single State Environmental Planning Policy (SEPP) that sets rules for protecting biodiversity, controlling clearing of vegetation in non-rural areas, managing koala habitat, and regulating development in sensitive waterways and catchments across NSW. (see Parts 2, 3, 4, 5, 6, 13)
Makes clearing native vegetation in many non-rural areas subject to either: a local council permit (for vegetation declared in a council development control plan) or an approval from the Native Vegetation Panel when clearing exceeds the biodiversity offsets threshold. Clearing without the required permit/approval is prohibited (s 2.6, s 2.10, s 2.14). A biodiversity development assessment report is required for Panel approvals and retirement of biodiversity credits is usually compulsory before clearing can occur (s 2.15).
Requires survey, plans and approvals for areas used by koalas: councils must check whether land is potential koala habitat and, if so, whether it is core koala habitat; development on core koala habitat is only possible where an approved koala plan of management exists and consent is consistent with that plan (Chapters 3 and 4: ss 3.6–3.8, 4.11–4.14).
Introduces mapped zones and rules for Sydney Harbour foreshore & waterways (Foreshores and Waterways Area), the River Murray riverine land, and regulated water catchments (including the Sydney Drinking Water Catchment). These parts set specific development controls, consultation requirements and, for the Sydney catchment, a ‘neutral or beneficial effect’ (NorBE) test and mandatory concurrence from the water Regulatory Authority for many consents (Part 5; Part 6, ss 6.58–6.64).
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Direct links to the current provisions in State Environmental Planning Policy (Biodiversity and Conservation) 2021.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Biodiversity and Conservation) 2021.
Part 2.1 Preliminary
2.1 Aims of Chapter
The aims of this Chapter are—
(a) to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and
(b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.
Division 1 Preliminary
Division 2 Clearing in Zones R5, C2, C3 and C4
pt 2.5, div 2, hdg: An 2024 (42), Sch 1.38[6].
Division 3 Clearing in Zones R5, C3 and C4
pt 2.5, div 3, hdg: Am 2024 (42), Sch 1.38[11].
Part 3.1 Preliminary
3.1 Aims of Chapter
This Chapter aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline—
(a) by requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, and
(b) by encouraging the identification of areas of core koala habitat, and
(c) by encouraging the inclusion of areas of core koala habitat in conservation zones.
s 3.1: Am 2024 (42), Sch 1.38[13].
Part 4.1 Preliminary
4.1 Aim of Chapter
This Chapter aims to encourage the conservation and management of areas of natural vegetation that provide habitat for koalas to support a permanent free-living population over their present range and reverse the current trend of koala population decline.
Editorial note.
Guidelines are being made by the Planning Secretary with the agreement of the Secretary of Regional NSW for the purposes of Parts 4.2 and 4.3 of this Chapter. When the Guidelines are made this Chapter is to be amended to incorporate references to the Guidelines.
Part 5.1 Introduction
5.1 Aims of this Chapter
The aims of this Chapter are to conserve and enhance the riverine environment of the River Murray for the benefit of all users.
Part 6.1 Preliminary
pt 6.1: Ins 2022 (629), Sch 1[1].
6.1 Land to which Chapter applies
This Chapter applies to land in the following catchments—
(a) the Sydney Drinking Water Catchment,
(b) the Sydney Harbour Catchment,
(c) the Georges River Catchment,
(d) the Hawkesbury-Nepean Catchment.
s 6.1: Subst 2022 (629), Sch 1[1].
Division 4 Controls on development for specific purposes
pt 6.2, div 4: Ins 2022 (629), Sch 1[1].
Division 5 Strategic foreshore sites
pt 6.3, div 5: Ins 2022 (629), Sch 1[1].
Part 13.1 Preliminary
pt 13.1: Ins 2022 (461), Sch 1[2].
13.1 Land to which Chapter applies
(1) This Chapter applies to land shown on the Land Application Map.
(2) This Chapter does not apply to land subject to a claim lodged in accordance with the Aboriginal Land Rights Act 1983, section 36.
(3) Parts 13.3 and 13.4 do not apply to land acquired or reserved under the National Parks and Wildlife Act 1974.
s 13.1: Ins 2022 (461), Sch 1[2].
Schedule 1 Feed tree species—Chapter 3
section 3.2
sch 1, hdg: Am 2022 (248), Sch 2[2].
| Scientific Name | Common Name | | Eucalyptus tereticornis | Forest red gum | | Eucalyptus microcorys | Tallowwood | | Eucalyptus punctata | Grey Gum | | Eucalyptus viminalis | Ribbon or manna gum | | Eucalyptus camaldulensis | River red gum | | Eucalyptus haemastoma | Broad leaved scribbly gum | | Eucalyptus signata | Scribbly gum | | Eucalyptus albens | White box | | Eucalyptus populnea | Bimble box or poplar box | | Eucalyptus robusta | Swamp mahogany |
Schedule 2 Local government areas—Chapters 3 and 4
sections 3.3(1) and 4.4(1)
sch 2, hdg: Am 2022 (248), Sch 2[3]; 2024 (42), Sch 1.38[17].
| Local government area | Koala management area(s) | | Armidale Regional | Northern Tablelands | | Ballina | North Coast | | Bathurst Regional | Central and Southern Tablelands | | Bega Valley | South Coast | | Bellingen | North Coast | | Berrigan | Riverina | | Blayney | Central and Southern Tablelands | | City of Blue Mountains * | Central and Southern TablelandsCentral Coast | | Bourke | Darling Riverine PlainsFar West | | Brewarrina | Darling Riverine PlainsFar West | | Byron | North Coast | | Cabonne | Central and Southern Tablelands | | City of Campbelltown * | Central Coast | | Central Coast * | Central Coast | | Central Darling | Far West | | City of Cessnock | Central Coast | | Clarence Valley | North Coast | | City of Coffs Harbour | North Coast | | Coonamble | Darling Riverine PlainsNorthwest Slopes | | Dungog | Central Coast | | Edward River | Riverina | | Eurobodalla | South Coast | | Federation | Central and Southern TablelandsFar WestRiverina | | Forbes | Far West | | Gilgandra | Northwest Slopes | | Glen Innes Severn Shire | Northern Tablelands | | Goulburn Mulwaree | Central and Southern Tablelands | | Greater Hume Shire | Central and Southern TablelandsFar WestRiverina | | Gunnedah | Northwest Slopes | | Gwydir | Northwest Slopes | | City of Hawkesbury * | Central Coast | | Hilltops | Central and Southern TablelandsFar West | | Hornsby * | Central Coast | | Inverell | Northern TablelandsNorthwest Slopes | | Kempsey | North Coast | | Ku-ring-gai * | Central Coast | | Kyogle | North Coast | | City of Lake Macquarie | Central Coast | | Leeton | Far WestRiverina | | City of Lismore | North Coast | | City of Lithgow | Central and Southern Tablelands | | City of Liverpool * | Central Coast | | Liverpool Plains | Northwest Slopes | | Lockhart | Central and Southern TablelandsFar West | | City of Maitland | Central Coast | | Mid-Coast | North Coast | | Mid-Western Regional | Northwest Slopes | | Moree Plains | Northwest Slopes | | Murray River | Far WestRiverina | | Muswellbrook | Central Coast | | Nambucca Valley | North Coast | | Narrabri | Northwest Slopes | | Narrandera | Far WestRiverina | | Narromine | Darling Riverine PlainsFar West | | City of Newcastle | Central Coast | | Northern Beaches * | Central Coast | | Oberon | Central and Southern Tablelands | | Parkes | Far West | | Port Macquarie-Hastings | North Coast | | Port Stephens | Central Coast | | Queanbeyan-Palerang Regional | Central and Southern Tablelands | | Richmond Valley | North Coast | | City of Shoalhaven | Central and Southern TablelandsSouth Coast | | Singleton | Central Coast | | Snowy Monaro Regional | Central and Southern Tablelands | | Snowy Valleys | Central and Southern Tablelands | | Tamworth Regional | Northern Tablelands | | Tenterfield | Northern Tablelands | | Tweed | North Coast | | Upper Hunter Shire | Northwest Slopes | | Upper Lachlan Shire | Central and Southern Tablelands | | Uralla | Northern Tablelands | | City of Wagga Wagga | Central and Southern TablelandsFar West | | Walcha | Northern Tablelands | | Walgett | Darling Riverine PlainsNorthwest Slopes | | Warren | Darling Riverine Plains | | Warrumbungle Shire | Northwest Slopes | | Weddin | Central and Southern TablelandsFar West | | Wentworth | Far WestRiverina | | Wingecarribee | Central and Southern TablelandsCentral Coast | | Wollondilly * | Central and Southern TablelandsCentral Coast | | City of Wollongong | South Coast | | Yass Valley | Central and Southern Tablelands |
sch 2: Am 2024 (42), Sch 1.38[18].
Schedule 3 Koala use tree species—Chapter 4
(section 4.9)
sch 3, hdg: Am 2022 (248), Sch 2[5].
Central and Southern Tablelands koala management area
| Scientific name | Common name(s) | | Eucalyptus agglomerata | Blue-leaved Stringybark | | Eucalyptus albens | White Box | | Eucalyptus amplifolia | Cabbage Gum | | Eucalyptus blakelyi | Blakely’s Red Gum | | Eucalyptus bosistoana | Coast Grey Box | | Eucalyptus bridgesiana | Apple Box | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus conica | Fuzzy Box | | Eucalyptus cypellocarpa | Monkey Gum | | Eucalyptus dalrympleana | Mountain Gum | | Eucalyptus dealbata | Tumbledown Red Gum | | Eucalyptus dives | Broad-leaved Peppermint | | Eucalyptus elata | River Peppermint | | Eucalyptus eugenioides | Narrow-leaved Stringybark | | Eucalyptus fibrosa | Broad-leaved Red Ironbark | | Eucalyptus globoidea | White Stringybark | | Eucalyptus goniocalyx | Bundy | | Eucalyptus macrorhyncha | Red Stringybark | | Eucalyptus maidenii | Maiden’s Blue Gum | | Eucalyptus mannifera | Brittle Gum | | Eucalyptus melliodora | Yellow Box | | Eucalyptus microcarpa | Western Grey Box | | Eucalyptus nortonii | Large-flowered Bundy | | Eucalyptus obliqua | Messmate | | Eucalyptus oblonga | Stringybark | | Eucalyptus paniculata | Grey Ironbark | | Eucalyptus pauciflora | White Sally, Snow Gum | | Eucalyptus piperita | Sydney Peppermint | | Eucalyptus polyanthemos | Red Box | | Eucalyptus punctata | Grey Gum | | Eucalyptus quadrangulata | White-topped Box | | Eucalyptus radiata | Narrow leaved Peppermint | | Eucalyptus rossii | Inland Scribbly Gum | | Eucalyptus rubida | Candlebark | | Eucalyptus sclerophylla | Hard-leaved Scribbly Gum | | Eucalyptus sideroxylon | Mugga Ironbark | | Eucalyptus sieberi | Silvertop Ash | | Eucalyptus tereticornis | Forest Red Gum | | Eucalyptus viminalis | Ribbon Gum |
Central Coast koala management area
| Scientific name | Common name(s) | | Allocasuarina littoralis | Black She-oak | | Allocasuarina torulosa | Forest Oak | | Angophora bakeri | Narrow-leaved Apple | | Angophora costata | Smooth-barked Apple | | Angophora floribunda | Rough-barked Apple | | Casuarina glauca | Swamp Oak | | Corymbia eximia | Yellow Bloodwood | | Corymbia gummifera | Red Bloodwood | | Corymbia maculata | Spotted Gum | | Eucalyptus acmenoides | White Mahogany | | Eucalyptus agglomerata | Blue-leaved Stringybark | | Eucalyptus albens | White Box | | Eucalyptus amplifolia | Cabbage Gum | | Eucalyptus beyeriana | Beyer’s Ironbark | | Eucalyptus blakelyi | Blakely’s Red Gum | | Eucalyptus bosistoana | Coast Grey Box | | Eucalyptus botryoides | Bangalay | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus camfieldii | Camfield’s Stringybark | | Eucalyptus canaliculata | Large-fruited Grey Gum | | Eucalyptus capitellata | Brown Stringybark | | Eucalyptus carnea | Thick-leaved Mahogany | | Eucalyptus consideniana | Yertchuk | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus cypellocarpa | Monkey Gum | | Eucalyptus deanei | Mountain Blue Gum | | Eucalyptus eugenioides | Narrow-leaved Stringybark | | Eucalyptus fibrosa | Broad-leaved Red Ironbark | | Eucalyptus glaucina | Slaty Red Gum | | Eucalyptus globoidea | White Stringybark | | Eucalyptus grandis | Flooded Gum | | Eucalyptus haemastoma | Broad-leaved Scribbly Gum | | Eucalyptus imitans | Eucalyptus imitans | | Eucalyptus largeana | Craven Grey Box | | Eucalyptus longifolia | Woollybutt | | Eucalyptus macrorhyncha | Red Stringybark | | Eucalyptus melliodora | Yellow Box | | Eucalyptus michaeliana | Brittle Gum | | Eucalyptus microcorys | Tallowwood | | Eucalyptus moluccana | Grey Box | | Eucalyptus oblonga | Stringybark | | Eucalyptus paniculata | Grey Ironbark | | Eucalyptus parramattensis | Parramatta Red Gum | | Eucalyptus pilularis | Blackbutt | | Eucalyptus piperita | Sydney Peppermint | | Eucalyptus propinqua | Small-fruited Grey Gum | | Eucalyptus punctata | Grey Gum | | Eucalyptus quadrangulata | White-topped Box | | Eucalyptus racemosa | Narrow-leaved Scribbly Gum | | Eucalyptus resinifera | Red Mahogany | | Eucalyptus robusta | Swamp Mahogany | | Eucalyptus saligna | Sydney Blue Gum | | Eucalyptus scias | Large-fruited Red Mahogany | | Eucalyptus sclerophylla | Hard-leaved Scribbly Gum | | Eucalyptus siderophloia | Grey Ironbark | | Eucalyptus sideroxylon | Mugga Ironbark | | Eucalyptus sieberi | Silvertop Ash | | Eucalyptus signata | Scribbly Gum | | Eucalyptus sparsifolia | Narrow-leaved Stringybark | | Eucalyptus squamosa | Scaly Bark | | Eucalyptus tereticornis | Forest Red Gum | | Eucalyptus umbra | Bastard White Mahogany | | Eucalyptus viminalis | Ribbon Gum | | Melaleuca quinquenervia | Broad-leaved Paperbark | | Syncarpia glomulifera | Turpentine |
Darling Riverine Plains koala management area
| Scientific name | Common name(s) | | Callitris glaucophylla | White Cypress Pine | | Eucalyptus albens | White Box | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus chloroclada | Dirty Gum | | Eucalyptus conica | Fuzzy Box | | Eucalyptus coolabah | Coolibah | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus dealbata | Tumbledown Red Gum | | Eucalyptus dwyeri | Dwyer’s Red Gum | | Eucalyptus largiflorens | Black Box | | Eucalyptus melanophloia | Silver-leaved Ironbark | | Eucalyptus melliodora | Yellow Box | | Eucalyptus microcarpa | Western Grey Box | | Eucalyptus pilligaensis | Narrow-leaved Grey Box | | Eucalyptus populnea | Bimble Box, Poplar Box | | Eucalyptus sideroxylon | Mugga Ironbark |
Far West koala management area
| Scientific name | Common name(s) | | Angophora floribunda | Rough-barked Apple | | Callitris glaucophylla | White Cypress Pine | | Casuarina cristata | Belah | | Eucalyptus albens | White Box | | Eucalyptus blakelyi | Blakely’s Red Gum | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus chloroclada | Dirty Gum | | Eucalyptus coolabah | Coolibah | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus dealbata | Tumbledown Red Gum | | Eucalyptus intertexta | Gum Coolibah | | Eucalyptus largiflorens | Black Box | | Eucalyptus melanophloia | Silver-leaved Ironbark | | Eucalyptus melliodora | Yellow Box | | Eucalyptus microcarpa | Western Grey Box | | Eucalyptus moluccana | Grey Box | | Eucalyptus pilligaensis | Narrow-leaved Grey Box | | Eucalyptus populnea | Bimble Box | | Eucalyptus sideroxylon | Mugga Ironbark | | Geijera parviflora | Wilga |
North Coast koala management area
| Scientific name | Common name(s) | | Allocasuarina torulosa | Forest Oak | | Angophora floribunda | Rough-barked Apple | | Corymbia gummifera | Red Bloodwood | | Corymbia henryi | Large-leaved Spotted Gum | | Corymbia intermedia | Pink Bloodwood | | Corymbia maculata | Spotted Gum | | Eucalyptus acmenoides | White Mahogany | | Eucalyptus amplifolia | Cabbage Gum | | Eucalyptus bancroftii | Orange Gum | | Eucalyptus biturbinata | Grey Gum | | Eucalyptus campanulata | New England Blackbutt | | Eucalyptus canaliculata | Large-fruited Grey Gum | | Eucalyptus carnea | Thick-leaved Mahogany | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus eugenoides | Narrow-leaved stringybark | | Eucalyptus fibrosa | Broad-leaved Red Ironbark | | Eucalyptus glaucina | Slaty Red Gum | | Eucalyptus globoidea | White Stringybark | | Eucalyptus grandis | Flooded Gum | | Eucalyptus laevopinea | Silver-top Stringybark | | Eucalyptus largeana | Craven Grey Box | | Eucalyptus microcorys | Tallowwood | | Eucalyptus moluccana | Grey Box | | Eucalyptus nobilis | Forest Ribbon Gum | | Eucalyptus pilularis | Blackbutt | | Eucalyptus placita | Grey Ironbark | | Eucalyptus planchoniana | Bastard Tallowwood | | Eucalyptus propinqua | Small-fruited Grey Gum | | Eucalyptus psammitica | Bastard White Mahogany | | Eucalyptus punctata | Grey Gum | | Eucalyptus resinifera | Red Mahogany | | Eucalyptus robusta | Swamp Mahogany | | Eucalyptus rummeryi | Steel Box | | Eucalyptus saligna | Sydney Blue Gum | | Eucalyptus scias | Large-fruited Red Mahogany | | Eucalyptus seeana | Narrow-leaved Red Gum | | Eucalyptus siderophloia | Grey Ironbark | | Eucalyptus signata/Eucalyptus racemosa | Scribbly Gum/Narrow-leaved Scribbly Gum | | Eucalyptus tereticornis | Forest Red Gum | | Eucalyptus tindaliae | Stringybark | | Eucalyptus umbra | Bastard White Mahogany | | Melaleuca quinquenervia | Broad-leaved Paperbark |
Northwest Slopes koala management area
| Scientific name | Common name(s) | | Angophora floribunda | Rough-barked Apple | | Callitris glaucophylla | White Cypress Pine | | Casuarina cristata | Belah | | Eucalyptus albens | White Box | | Eucalyptus blakelyi | Blakely’s Red Gum | | Eucalyptus bridgesiana | Apple Box | | Eucalyptus caleyi | Drooping Ironbark | | Eucalyptus caliginosa | Broad-leaved Stringybark | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus canaliculata | Large-fruited Grey Gum | | Eucalyptus chloroclada | Dirty Gum | | Eucalyptus conica | Fuzzy Box | | Eucalyptus coolabah | Coolibah | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus dalrympleana | Mountain Gum | | Eucalyptus dealbata | Tumbledown Red Gum | | Eucalyptus dwyeri | Dwyer’s Red Gum | | Eucalyptus exserta | Peppermint | | Eucalyptus fibrosa | Broad-leaved Red Ironbark | | Eucalyptus goniocalyx | Bundy | | Eucalyptus laevopinea | Silver-top Stringybark | | Eucalyptus largiflorens | Black Box | | Eucalyptus macrorhyncha | Red Stringybark | | Eucalyptus mannifera | Brittle Gum | | Eucalyptus melanophloia | Silver-leaved Ironbark | | Eucalyptus melliodora | Yellow Box | | Eucalyptus microcarpa | Western Grey Box | | Eucalyptus moluccana | Grey Box | | Eucalyptus nobilis | Forest Ribbon Gum | | Eucalyptus parramattensis | Parramatta Red Gum | | Eucalyptus pauciflora | White Sally, Snow Gum | | Eucalyptus pilligaensis | Narrow-leaved Grey Box | | Eucalyptus polyanthemos | Red Box | | Eucalyptus populnea | Bimble Box/Poplar Box | | Eucalyptus prava | Orange Gum | | Eucalyptus punctata | Grey Gum | | Eucalyptus quadrangulata | White-topped Box | | Eucalyptus sideroxylon | Mugga Ironbark | | Eucalyptus viminalis | Ribbon Gum |
Northern Tablelands koala management area
| Scientific name | Common name(s) | | Allocasuarina littoralis | Black She-oak | | Angophora floribunda | Rough-barked Apple | | Callitris glaucophylla | White Cypress Pine | | Eucalyptus acaciiformis | Wattle-leaved Peppermint | | Eucalyptus albens | White Box | | Eucalyptus amplifolia | Cabbage Gum | | Eucalyptus biturbinata | Grey Gum | | Eucalyptus blakelyi | Blakely’s Red Gum | | Eucalyptus bridgesiana | Apple Box | | Eucalyptus brunnea | Mountain Blue Gum | | Eucalyptus caleyi | Drooping Ironbark | | Eucalyptus caliginosa | Broad-leaved Stringybark | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus campanulata | New England Blackbutt | | Eucalyptus crebra | Narrow-leaved Ironbark | | Eucalyptus dalrympleana | Mountain Gum | | Eucalyptus dealbata | Tumbledown Red Gum | | Eucalyptus eugenioides | Narrow-leaved Stringybark | | Eucalyptus laevopinea | Silver-top Stringybark | | Eucalyptus macrorhyncha | Red Stringybark | | Eucalyptus melanophloia | Silver-leaved Ironbark | | Eucalyptus melliodora | Yellow Box | | Eucalyptus michaeliana | Brittle Gum | | Eucalyptus microcorys | Tallowwood | | Eucalyptus moluccana | Grey Box | | Eucalyptus nicholii | Narrow-leaved Black Peppermint | | Eucalyptus nobilis | Forest Ribbon Gum | | Eucalyptus nova-anglica | New England Peppermint | | Eucalyptus obliqua | Messmate | | Eucalyptus pauciflora | White Sally, Snow Gum | | Eucalyptus prava | Orange Gum | | Eucalyptus radiata | Narrow leaved Peppermint | | Eucalyptus saligna | Sydney Blue Gum | | Eucalyptus sideroxylon | Mugga Ironbark | | Eucalyptus stellulata | Black Sally | | Angophora subvelutina | Broad-leaved Apple | | Eucalyptus tereticornis | Forest Red Gum | | Eucalyptus viminalis | Ribbon Gum | | Eucalyptus williamsiana | Eucalyptus williamsiana | | Eucalyptus youmanii | Youman’s Stringybark |
Riverina koala management area
| Scientific name | Common name(s) | | Callitris glaucophylla | White Cypress Pine | | Casuarina cristata | Belah | | Eucalyptus albens | White Box | | Eucalyptus camaldulensis | River Red Gum | | Eucalyptus intertexta | Gum Coolibah | | Eucalyptus largiflorens | Black Box | | Eucalyptus melliodora | Yellow Box | | Eucalyptus microcarpa | Western Grey Box | | Eucalyptus populnea | Bimble Box |
South Coast koala management area
| Scientific name | Common name(s) | | Allocasuarina littoralis | Black She-oak | | Angophora floribunda | Rough-barked Apple | | Corymbia gummifera | Red Bloodwood | | Corymbia maculata | Spotted Gum | | Eucalyptus agglomerata | Blue-leaved Stringybark | | Eucalyptus baueriana | Blue Box | | Eucalyptus bosistoana | Coast Grey Box | | Eucalyptus consideniana | Yertchuk | | Eucalyptus cypellocarpa | Monkey Gum | | Eucalyptus elata | River Peppermint | | Eucalyptus eugenioides | Narrow-leaved Stringybark | | Eucalyptus fastigata | Brown Barrel | | Eucalyptus globoidea | White Stringybark | | Eucalyptus longifolia | Woollybutt | | Eucalyptus maidenii | Maiden’s Blue Gum | | Eucalyptus muelleriana | Yellow Stringybark | | Eucalyptus obliqua | Messmate | | Eucalyptus paniculata | Grey Ironbark | | Eucalyptus pilularis | Blackbutt | | Eucalyptus piperita | Sydney Peppermint | | Eucalyptus punctata | Grey Gum | | Eucalyptus saligna | Sydney Blue Gum | | Eucalyptus sclerophylla | Hard-leaved Scribbly Gum | | Eucalyptus sieberi | Silvertop Ash | | Eucalyptus tereticornis | Forest Red Gum | | Eucalyptus tricarpa | Mugga (Red) Ironbark | | Eucalyptus viminalis | Ribbon Gum |
sch 3: Am 2026 (79), Sch 1[46].
Schedule 4 Dictionary for Chapter 5
(section 5.5)
bank means a change of slope that defines the extent of the bed of the River Murray.
bed means the land which contains the River Murray, including that which is alternately inundated or left bare from a rise or fall in the supply of water, but does not include any land inundated only in time of flood.
consent authority means the Council for the local government area in which the proposed development is to be carried out.
flood liable land means land identified on the map as flood liable land.
hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
potentially hazardous industry means an industry which, if it were to operate without employing any measures (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality—
(a) to human health, life or property, or
(b) to the biophysical environment,
and includes a hazardous industry and the use of a hazardous storage establishment.
potentially offensive industry means an industry which, if it were to operate without employing any measures (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and the use of an offensive storage establishment.
public authority means a public or local authority constituted by or under any Act, a Government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body and also includes a public or local authority constituted under any Act of the Parliament of the Commonwealth, Victoria or South Australia, a government department of the Commonwealth, Victoria or South Australia, a statutory body representing the Crown in right of the Commonwealth, Victoria or South Australia and a person exercising functions on behalf of any such authority, department or body.
River Management Plan means any development control plan, plan of management, study, strategy, guideline or the like, which has undergone a public participation process, which is consistent with the aims, objectives and principles of this Chapter and which is endorsed by the Murray-Darling Basin Commission.
the map means the Murray Regional Environmental Plan No 2—Riverine Land Map.
sch 4: Am 2026 (79), Sch 1[47]–[50].
Schedule 5 Sydney Harbour heritage items for Chapter 6
Schedule 6, definition of “heritage item”
Note—
The word “State” in the column headed “Significance” identifies items listed on the State Heritage Register that have been assessed in a relevant heritage study as being of State heritage significance or are listed in a register kept under the Heritage Act 1977, section 170.
| Locality | Name of item | Address | Significance | Item no | | Canada Bay | Newington College boat shed and grounds | Checkley Street, Abbotsford | | 1 | | Canada Bay | Abbotsford Jetty | Great North Road, Abbotsford | | 2 | | Canada Bay | Former Cabarita Wharf | Cabarita Park, Cabarita | | 3 | | Canada Bay | Sanders Marina | Cabarita Park, Cabarita | | 4 | | Canada Bay | Stone Wharf, Blackwall Point | 11 Bortfield Drive, Chiswick | | 5 | | Canada Bay | Site of former swimming baths at Hen and Chicken Bay | Bayview Park, Concord | | 6 | | Canada Bay | Clovelly House boat shed | Drummoyne Avenue, Drummoyne | | 7 | | Canada Bay | Federation House boat shed | Drummoyne Avenue, Drummoyne | | 8 | | Canada Bay | Wharves/Reclaimed Land, access from Peppercorn Reserve and Salton Reserve | St Georges Crescent, Drummoyne | | 9 | | Canada Bay | Thompson Street Wharves | Thompson Street and Henley Marine Drive, Drummoyne | | 10 | | Canada Bay | Wolseley Street Wharf | Wolseley Street, Drummoyne | | 11 | | Canada Bay | Federation House boat shed only | 87 Llewellyn Street, Rhodes | | 12 | | Canada Bay | Stone wharf | 91 Llewellyn Street, Uhrs Point, Rhodes | | 13 | | Canada Bay | Stone retaining walls | Five Dock Bay | | 14 | | Canada Bay | Stone retaining walls | Hen and Chicken Bay | | 15 | | Hunters Hill | Hunters Hill Wharf and Waiting Shed | 453 Ferry Street, Hunters Hill | | 16 | | Hunters Hill | Remains of bath | Boronia Park, Hunters Hill | | 17 | | Inner West | Urban Transit Authority Ferry Maintenance Depot | Alexander and Waterview Streets, Balmain | State | 18 | | Inner West | Cove Street Wharf | Cove Street, Balmain | | 19 | | Inner West | Elliott Street Wharf | Elliott Street, Balmain | | 20 | | Inner West | Dawn Fraser Swimming Pool | Glassop Street, Balmain | State | 144 | | Inner West | Waterview Wharf Workshops | 37 Nicholson Street, Balmain | State | 145 | | Inner West | Site of Rowntree’s Floating Dock | Hart Street and The Avenue, Balmain | | 21 | | Inner West | Punch Street Wharf | Punch Street, Balmain | | 22 | | Inner West | Tidal pool | 13 Simmons Street, Balmain | | 23 | | Inner West | Site and remains of former Morts Dock | Thames, Mort, College, McKell, Cameron and Yeend Streets, Balmain | State | 24 | | Inner West | Site and remains of ferry wharf | Yeend Street, Balmain | | 25 | | Inner West | Remains of former Tasmanian Ferry Terminal | Yeend Street, Balmain | | 26 | | Inner West | Long Nose Point Wharf | Louisa Road, Birchgrove | | 27 | | Inner West | Boat sheds only | Louisa Road, opposite steps to Deloitte Avenue, Birchgrove | | 28 | | Inner West | Leichhardt Wharf | Leichhardt Park, Leichhardt | | 29 | | Inner West | Former Callan Park Hospital Wharf | Rozelle Hospital, Rozelle | | 30 | | Inner West | Stone retaining walls | Iron Cove | | 31 | | Ku-ring-gai | Remains of old Roseville Bridge | Babbage Road, Roseville | | 32 | | Ku-ring-gai | Site of Echo Point Farm, including slipway | Echo Point Park, Babbage Road, Roseville | | 33 | | Ku-ring-gai | Remains of Roseville Baths | 99 Babbage Road, Roseville | | 34 | | Lane Cove | Electricity Tunnel | Foreshore of Manns Point Reserve, Greenwich | | 35 | | Lane Cove | Boat shed and slips | O’Connell and Albert Streets, Greenwich | | 36 | | Mosman | Stone wharf—Bradley’s Head | National Park, Bradley’s Head | | 37 | | North Sydney | Lavender Bay Ferry Wharf | Walker Street, Kirribilli | | 38 | | North Sydney | Brett Whiteley House and visual curtilage | 1 Walker Street, Lavender Bay and the waters of Lavender Bay | State | 39 | | North Sydney | Sydney Harbour Queen | Moored in Berrys Bay, Waverton (formerly moored west of Luna Park, Milsons Point) | | 40 | | North Sydney | Site of Cavill’s Baths | Foreshore of Lavender Bay | | 41 | | North Sydney | Head of Shell Cove | Bogota Avenue, Cremorne Point and the waters of Shell Cove | | 42 | | Northern Beaches | Grotto Point lighthouse and remains of former wharf | Grotto Point, Balgowlah | | 43 | | Northern Beaches | Fairlight Pool | Lauderdale Avenue, Fairlight | | 44 | | Northern Beaches | Bantry Bay Public Powder Magazine | Foreshores of Bantry Bay, Killarney Heights | | 45 | | Northern Beaches | Flat Rock Landing Place | Killarney Drive, Killarney Heights | | 46 | | Northern Beaches | Former Killarney picnic ground, including wharf | Garigal National Park, Mosman Rowing Club, Killarney Drive, Killarney Heights | | 47 | | Northern Beaches | Remains of Manly Public Baths | East Esplanade, Manly | | 48 | | Northern Beaches | Little Manly Cove Pool | Stuart Street, Manly | | 49 | | Northern Beaches | Site and remains of Brightside cargo wharf | Stuart Street, Manly | | 50 | | Northern Beaches | Site and remains of harbour side pool and steps | Stuart Street, Manly | | 51 | | Northern Beaches | Manly Wharf | The Esplanade, Manly | State | 52 | | Parramatta | Industrial Wharves | 33 Grand Avenue, Camellia | | 53 | | Parramatta | Former McDonald Farm Wharf | George Kendall Reserve, Ermington | | 54 | | Parramatta | Wharf and reserve | George Kendall Reserve, Ermington | | 55 | | Parramatta | Former Spurway Street Wharf | Spurway Street, Ermington | | 56 | | Parramatta | Former Pennant Hills Wharf | Wharf Road, Ermington | | 57 | | Parramatta | Log ponds and wharves to timber yards | Bennelong Point, Homebush Bay | | 58 | | Parramatta | Newington Arms Depot Wharf | Newington Arms Depot, Silverwater | | 59 | | Parramatta | Shell Oil Refinery Wharf | Duck River | | 60 | | Ryde | Scots College boat shed | 3 Delmar Parade, Gladesville | | 61 | | Ryde | Punt Road Wharf | Punt Road, Gladesville | | 62 | | Ryde | Former Gladesville Wharf | Wharf Road, Looking Glass Point, Gladesville | | 63 | | Ryde | Sydney Grammar School boat shed | 88 Wharf Road, Gladesville | | 64 | | Ryde | Meadowbank Rail Bridge over Parramatta River | Main Northern railway, Meadowbank | State | 65 | | Ryde | Private Wharf | Below Rothesay Avenue, Meadowbank | | 66 | | Ryde | Putney Wharf | Putney Parade, Putney | | 67 | | Ryde | Naval Refit Centre | Waterview Street, Putney | State | 68 | | Ryde | Former Ryde Wharf | Parsonage and Belmore Streets, Ryde | | 69 | | Ryde | Former swimming baths | End of Regent Street and Osborne Avenue, Ryde | | 70 | | Ryde | Timber wharves | Both sides of Ryde Railway Bridge, Ryde | | 71 | | Ryde | Former Log Road and private wharf | Continuation of Cobham Street, Melrose Park, West Ryde | | 72 | | Sydney | Ferry wharves | Alfred Street, Circular Quay | State | 73 | | Sydney | Site of Ithaca Road ferry wharf | Ithaca Road, Elizabeth Bay | | 74 | | Sydney | Walsh Bay Wharves Precinct | Hickson Road, Millers Point | State | 75 | | Sydney | Pyrmont Bridge | Sydney | State | 76 | | Sydney | Man O’War Steps | Farm Cove Crescent, Sydney | State | 77 | | Sydney | Remains of the former Andrew (Boy) Charlton Pool | Mrs Macquarie’s Road, Sydney | | 78 | | Sydney | Site of Robinson’s Baths | Mrs Macquarie’s Road, Sydney | | 79 | | Sydney | Former Woolloomooloo Deep Sea Wharves Nos 6, 7, 8, 9 and 11, Cargo Sheds at Cowper Wharf Road and Lincoln Crescent, Woolloomooloo, and the land and waterway between Wharf No 11 and the other wharves | Cowper Wharf Road and Lincoln Crescent, Woolloomooloo | State | 80 | | Sydney | Garden Island Precinct—(a) Former residences for overseers(b) Building 37—rigging shed, including chapel(c) Buildings 31 and 32—registry offices(d) Building 88—battery shed(e) Buildings 95 and 99—workshop and factory(f) Building 89—naval stores(g) Building 27—office building(h) Buildings 16/17 and 18/19/20—residences(i) Building 98—core shop(j) Building 25—boat shed(k) Buildings 7 and 8—workshop and store(l) Figurehead of ship “Windsor Castle”(m) Figurehead of ship “Consuela”(n) Former garden(o) Former “Clarens” garden remains | Off Cowper Wharf Road, Garden Island | State | 81 | | Willoughby | Remains of HC Press picnic ground and public baths | Cammeray Road, Castle Cove | | 82 | | Willoughby | Willis Road wharf | Willis Road, Castle Cove | | 83 | | Willoughby | Stone walls, steps and baths | 213–217B Edinburgh Road, Castlecrag | | 84 | | Willoughby | Former Horsley’s boat shed and sea wall, now a house | 217B Edinburgh Road, Castlecrag | | 85 | | Willoughby | Remains of Municipal Baths, structures and access steps | 241 Edinburgh Road, Castlecrag | | 86 | | Willoughby | Stone walls | 297A Edinburgh Road, Castlecrag | | 87 | | Willoughby | Site and remains of early wharfage, now Castlecrag Marina | Rockley Street, Castlecrag | | 88 | | Willoughby | Sailors Bay boat shed | Clive Park, Northbridge | | 89 | | Willoughby | Site and remains of wharfage | Fig Tree Point, Hallstrom Close, Northbridge | | 90 | | Woollahra | Camp Cove tide gauge | Cliff Street, Camp Cove | | 91 | | Woollahra | Remains of Bath House and site of jetty | Darling Point Road, Darling Point | | 92 | | Woollahra | HMAS Rushcutter slipways | 9 New Beach Road, Darling Point | | 93 | | Woollahra | Site of public wharf, now a new wharf | Bay Street, Double Bay | | 94 | | Woollahra | Gladswood House private jetty | 11 Gladswood Gardens, Double Bay | | 95 | | Woollahra | Site of wharf | Wingadal Place, Point Piper | | 96 | | Woollahra | Chinese boat shed | 20 Wolseley Road, Point Piper | | 97 | | Woollahra | Group of remains of wharf, baths and waterfront relics, including former Tivoli Pier and former Thorne’s (or Claremont) Wharf | Bayview Hill Road, Rose Bay | | 98 | | Woollahra | Site of former Rose Bay Flying Boat Base | Lyne Park, Rose Bay | | 99 | | Woollahra | Site of public baths | Lyne Park, Rose Bay | | 100 | | Woollahra | Remains of Western Rose Bay ferry wharf | New South Head Road, Rose Bay | | 101 | | Woollahra | West Parsley Bay obelisk | 65 Fitzwilliam Road, Vaucluse | | 102 | | Woollahra | Remains of Vaucluse Point ferry wharf | 83 Fitzwilliam Street, Vaucluse | | 103 | | Woollahra | Nielsen Park and Hermitage Foreshore Reserve | Greycliffe Avenue, Vaucluse | State | 104 | | Woollahra | Former Nielsen Wharf remains | Steel Point, Vaucluse | | 105 | | Woollahra | East Parsley Bay obelisk | Between properties 36A and 38, The Crescent, Vaucluse | | 106 | | Woollahra | Parsley Bay Ferry Wharf | The Crescent, Vaucluse | | 107 | | Woollahra | Hermit Bay Wharf, slipway and landing | Vaucluse Road, Vaucluse | | 108 | | Woollahra | Vaucluse Baths | 68 Wentworth Road, Vaucluse | | 109 | | Woollahra | Site of Village Point Wharf (Kutti Beach Ferry Wharf) | Wharf Road, Vaucluse | | 110 | | Woollahra | Watsons Bay Pool | Marine Parade, Watsons Bay | | 111 | | Woollahra | Pilot Station | Marine Parade and Salisbury Street, Watsons Bay | | 112 | | Woollahra | Remains of old Watsons Bay Pool | Marine Parade and Salisbury Street, Watsons Bay | | 113 | | Woollahra | Ferry Pier | Military Road, Watsons Bay | | 114 | | Woollahra | Green Point obelisk | Off Pacific Street, Watsons Bay | | 115 | | — | Goat Island, including former harbour master’s residence, pathway from magazine precinct to water police station precinct, former ordinance magazine, former laboratory and original cooperage, former cooperage, wall gate and sentry post, entry to magazine area, former barracks, former kitchen, Andersons Couch, lime kiln, Barney’s Cut, former water police station | Sydney Harbour | State | 116 | | — | Shark Island | Sydney Harbour | | 117 | | — | Clark Island | Sydney Harbour | | 118 | | — | Cockatoo Island | | State | 119 | | — | Spectacle Island | | State | 120 | | — | Snapper Island | | | 121 | | — | Rodd Island | Iron Cove | State | 122 | | — | Fort Denison, Sydney Harbour | Sydney Harbour | State | 123 | | — | Sydney Harbour Bridge, including road and rail approaches and viaducts | Port Jackson | State | 124 | | — | Glebe Island Bridge, including abutments | Blackwattle Bay | State | 125 | | — | The Spit Bridge | Spit Road, Balgowlah/Mosman | State | 126 | | — | Iron Cove Bridge | Iron Cove | | 127 | | — | Gladesville Bridge, including abutments | | State | 128 | | — | Ryde Bridge | Church Street, Ryde to Concord Road, Rhodes | | 129 | | — | Navigation light tower—western channel (Georges Head) | Sydney Harbour | | 130 | | — | Navigation light tower—eastern channel (Bottle and Glass Rocks) | Sydney Harbour | | 131 | | — | Navigation light tower | Off Shark Island, Sydney Harbour | | 132 | | — | Wreck of “Itata” and wrecks of other unnamed vessels | Salt Pan Creek, Middle Harbour | | 133 | | — | Wreck of Maritime Services Board Hopper Barge | Foreshores of Berrys Bay, Sydney Harbour | | 134 | | — | Wreck of “Catherine Adamson” | Old Man’s Hat, North Harbour, Sydney Harbour | | 135 | | — | Wreck of “Centennial” | Taylors Bay, Sydney Harbour | | 136 | | — | Wreck of “Centurion” | Cannae Point, North Head, Sydney Harbour | | 137 | | — | Wreck of “Currajong” | Off Bradleys Head, Sydney Harbour | | 138 | | — | Wreck of “Edward Lombe” | Middle Harbour | | 139 | | — | Wreck of “Fame” | Sow and Pigs Shoal, Sydney Harbour | | 140 | | — | Wreck of Hopper Barge | 150m east of Clark Island | | 141 | | — | Balmain to Greenwich Tunnel, including docking facilities and service buildings | Under harbour, from Long Nose Point, Balmain to Manns Point, Greenwich | State | 142 | | — | Searles Monument | The Brothers, off Blackwall Point, Henley, Parramatta River | State | 143 |
sch 5: Subst 2022 (629), Sch 1[2].
Schedule 6 Dictionary for Chapter 6
section 6.2
sch 6, hdg: Am 2022 (248), Sch 2[6]. Subst 2022 (629), Sch 1[2].
Aboriginal place of heritage significance means—
(a) an area of land that is the site of 1 or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people, being an area that may, but need not, include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) an area of land that is a natural Aboriginal sacred site or other sacred feature, being an area that includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance, or
(c) a place described as an Aboriginal place of heritage significance in an inventory kept by the Department, including an inventory kept by the Department under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 before its repeal.
above-water boat lift means a device used for lifting or steering a vessel out of water to store the vessel above water, but does not include a device that forms part of a commercial marina.
aid to navigation means a buoy, sign, light or other structure, whether located wholly on land, wholly on the zoned waterway or partly on land and partly on the zoned waterway, that is designed to assist the safe and efficient movement of vessels on the zoned waterway.
appropriate authority, for Part 6.3, Division 5—see section 6.44.
aquatic ecology means the interaction between organisms and the biotic and abiotic components of a waterway.
aquatic reserve has the same meaning as in the Marine Estate Management Act 2014.
aviation facility means an area of the zoned waterway set aside, or a structure provided, for the purposes of aircraft landing or taking off.
boat building and repair facility means a facility, including a building or other structure, used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a commercial marina or boat shed.
boat launching ramp means a structure, designed primarily for the launching of trailer-borne recreational vessels, that is generally available for public use, and includes associated car parking facilities.
boat lift means a device used for lifting or steering a vessel out of water, but does not include an above-water boat lift or a device that forms part of a boat building and repair facility or a commercial marina.
boat storage facility includes—
(a) a commercial marina, and
(b) a boat shed, and
(c) a floating boat platform, and
(d) a boat building and repair facility that includes the storage of boats.
charter and tourism boating facility means a facility, including a building or other structure, used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a commercial marina.
commercial marina means a marina within the meaning of the Standard Instrument, other than a private marina.
commercial port facility means a structure—
(a) used in connection with the carrying of goods or persons by water from 1 port to another for business or commercial purposes, and
(b) with a direct structural connection between the foreshore and the zoned waterway.
demolish, in relation to an item, means wholly or partly destroy, dismantle or deface the item.
dredging means the removal of material from the sea, harbour bed or bed of a river for the purposes of constructing a new or deeper navigational area or channel or reopening a discontinued navigational area or channel, but does not include intertidal dredging or maintenance dredging.
ecological community has the same meaning as in the Biodiversity Conservation Act 2016.
floating boat platform—
(a) means a portable floating platform that—
(i) is constructed from lightweight materials, and
(ii) does not have a roof, and
(iii) is secured to a mooring pen or private landing facility, and
(iv) is used to store, above the water line, a single vessel not more than 6m in length, and
(b) does not include a private marina.
flood liable land, for Part 6.2—see section 6.5.
flora and fauna enclosure means a net or other structure used for the purposes of protecting or encouraging the growth of flora and fauna, including a structure used for the observation of flora and fauna or for the maintenance of the net or other structure.
foreshore includes land with a water frontage and land that is separated from the waterfront by a public reserve, road or open space.
Foreshores and Waterways Area means the area identified as the Foreshores and Waterways Area on the Foreshores and Waterways Area Map.
Foreshores and Waterways Area Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Foreshores and Waterways Area Map.
general restoration works means works carried out for the purposes of restoring or enhancing the natural values of a foreshore or waterway.
Georges River Catchment means the water catchment identified as the Georges River Catchment on the Georges River Catchment Map.
Georges River Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Georges River Catchment Map.
Hawkesbury-Nepean Catchment means the water catchment identified as the Hawkesbury-Nepean Catchment on the Hawkesbury-Nepean Catchment Map.
Hawkesbury-Nepean Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Hawkesbury-Nepean Catchment Map.
Hawkesbury-Nepean conservation area sub-catchment means the following sub-catchments identified on the Hawkesbury-Nepean Catchment Map—
(a) the Colo River sub-catchment,
(b) the Glenbrook and Erskine Creek sub-catchment,
(c) the Grose River sub-catchment,
(d) the Macdonald River sub-catchment,
(e) the Webbs Creek sub-catchment.
heritage development, for Part 6.4—see section 6.52.
heritage item means—
(a) a building, work, archaeological site or other site or place described in Schedule 5 and identified on the Heritage Map, and
(b) an Aboriginal place of heritage significance.
Heritage Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Heritage Map.
houseboat means a vessel or structure that floats on, or is fixed in, the zoned waterway and is used for the purposes of providing permanent residential accommodation.
intertidal dredging means the removal of material from the sea, harbour bed or bed of a river in the intertidal zone, but does not include maintenance dredging.
intertidal zone means the area between—
(a) the zero tide, namely the water mark corresponding to a tide measuring zero on the Fort Denison Tide Gauge, or -0.925m Australian Height Datum, and
(b) the highest astronomical tide, namely the water mark corresponding to a tide measuring 2.1m above zero on the Fort Denison Tide Gauge, or 1.175m Australian Height Datum.
local government area means an area within the meaning of the Local Government Act 1993.
maintenance dredging means removal of material from the sea, harbour bed or bed of a river for the purposes of maintaining the previously established harbour or river depth.
manufactured home estate has the same meaning as in State Environmental Planning Policy (Housing) 2021, Schedule 7.
master plan, for Part 6.3, Division 5—see section 6.44.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore and is taken, for Part 6.3, to be 1.48m above zero on the Fort Denison Tide Gauge or 0.555m Australian Height Datum.
mooring pen means a mooring pen within the meaning of the Standard Instrument that is used for the purposes of the permanent berthing of a vessel.
naval activities means activities carried out by or on behalf of the Royal Australian Navy within the meaning of the Defence Act 1903 of the Commonwealth, section 18.
NorBE Guideline, for Part 6.5—see section 6.59.
NorBE Tool, for Part 6.5—see section 6.59.
private landing facility means a structure, including a wharf, jetty or pontoon, that is used to enable passengers to embark or disembark a vessel or to load or unload goods and is not generally available for public use, but does not include a facility associated with a commercial or private marina.
private landing steps means steps that are used for launching and retrieving vessels and are not generally available for public use, but does not include private landing facilities or a facility associated with a commercial or private marina.
private marina means an apparatus or structure located on or in a waterway that—
(a) is used for restraining 2 or more vessels, and
(b) is privately owned and not available for public use.
private swimming enclosure means a net or other structure, other than a public water recreational facility, that is placed in the zoned waterway for the purposes of providing a protected swimming area and is not available for public use.
public boardwalk means a decked structure, supported by piers or piles, providing public pedestrian access extending over or beyond the intertidal zone, but does not include a structure intended to provide direct access to a vessel.
public water recreational facility means a waterfront structure primarily used for public recreation and may include a pier, wharf or boat launching ramp.
public water transport facility means a structure used primarily in connection with transporting the public by water.
reclamation work means work involving—
(a) the filling or draining of submerged land for the purposes of reclaiming the land, or
(b) the filling of submerged land for the purposes of supporting a building or structure, including a bridge, being erected over the land.
recreational or club facility means a building or place used exclusively for sporting or leisure activities, whether operated for gain or not.
regulated catchment means the following—
(a) the Sydney Drinking Water Catchment,
(b) the Sydney Harbour Catchment,
(c) the Georges River Catchment,
(d) the Hawkesbury-Nepean Catchment.
Regulatory Authority, for Part 6.5—see section 6.59.
riparian vegetation, for Part 6.2—see section 6.5.
Riverine Scenic Area means an area identified on the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Hawkesbury-Nepean Riverine Scenic Area Map as—
(a) an area of local significance, or
(b) an area of regional significance, or
(c) an area of significance beyond the region.
Rocky Foreshores and Significant Seagrasses Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Rocky Foreshores and Significant Seagrasses Map.
seabed clearance means the distance to the seabed from the underside of a floating boat platform.
seagrass has the same meaning as in the Fisheries Management Act 1994, section 205.
short-term rental accommodation has the same meaning as in State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 6.
single mooring means an apparatus or structure located on or in the zoned waterway and designed, constructed or used for restraining a single vessel, but does not include a mooring pen or a facility associated with a commercial marina.
skid means an inclined ramp used for the manual launching of small craft, but does not include a slipway.
slipway means a structure, usually in the form of 2 supported parallel rails on which a wheeled cradle is run, to draw a vessel out of the water for maintenance and repair, other than a structure that forms part of a boat building and repair facility or a commercial marina.
Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Special Purposes (Commercial Marinas and Boat Building and Repair Facilities) Map.
Standard Instrument means the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
strategic foreshore site, for Part 6.3, Division 5—see section 6.44.
Strategic Foreshore Sites Map, for Part 6.3, Division 5—see section 6.44.
Sydney Drinking Water Catchment or Sydney drinking water catchment means the water catchment declared by section 6.60.
Sydney Harbour Catchment means the water catchment identified as the Sydney Harbour Catchment on the Sydney Harbour Catchment Map.
Sydney Harbour Catchment Map means the State Environmental Planning Policy (Biodiversity and Conservation) 2021 Sydney Harbour Catchment Map.
tourist facility means a building or place, including a hotel or motel but not including a caravan park, that is used by tourists or holiday-makers for the purposes of holiday accommodation, sport or recreation, and includes—
(a) shops attached to or incorporated within the building or located at the place, and
(b) other facilities serving the needs of tourists and holiday-makers using the building or place.
TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
view includes a night view.
water-based restaurant and entertainment facility means a vessel or structure that—
(a) floats on, or is fixed in, the zoned waterway, and
(b) is used as a club or restaurant or for entertainment on a commercial basis, and
(c) has a direct structural connection between the foreshore and the zoned waterway.
waterfront access stairs means stairs or a ramp used for pedestrian access to the foreshore, but does not include stairs or a ramp used for launching vessels or for providing direct access to a vessel on the zoned waterway.
zoned waterway means the part of the Foreshores and Waterways Area in Zone 1, 2, 3, 4, 5, 6, 7, 8 or 9.
sch 6: Subst 2022 (629), Sch 1[2]. Am 2023 (458), Sch 3.1[2]; 2026 (79), Sch 1[51]–[56].
Schedules 7–14 (Repealed)
sch 7, hdg: Am 2022 (248), Sch 2[7]. Rep 2022 (629), Sch 1[2].
sch 7: Rep 2022 (629), Sch 1[2].
sch 8: Rep 2022 (629), Sch 1[2].
sch 9, hdg: Subst 2022 (248), Sch 2[8]. Rep 2022 (629), Sch 1[2].
sch 9: Rep 2022 (629), Sch 1[2].
sch 10, hdg: Am 2022 (248), Sch 2[9]. Rep 2022 (629), Sch 1[2].
sch 10: Rep 2022 (629), Sch 1[2].
sch 11, hdg: Am 2022 (248), Sch 2[10]. Rep 2022 (629), Sch 1[2].
sch 11: Am 2022 (248), Sch 2[11]. Rep 2022 (629), Sch 1[2].
sch 12: Am 2022 (248), Sch 2[12]. Rep 2022 (629), Sch 1[2].
sch 13: Rep 2022 (629), Sch 1[2].
sch 14: Rep 2021 (722), Sch 14.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Biodiversity and Conservation) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—
the Act means the Environmental Planning and Assessment Act 1979.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
Note—
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
Part 2.1 Preliminary
2.1 Aims of Chapter
The aims of this Chapter are—
(a) to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and
(b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.
2.2 Definitions
(1) In this Chapter—
Allowable Clearing Map means the .
Establishes strategic conservation planning: maps (Avoided Land, Strategic Conservation Areas, Certified Urban Capable Land, Land Reservation Acquisition Map) alter what development consent can be given, require biodiversity conservation measures or compensation (including revegetation or retiring biodiversity credits) and allow the Minister to initiate modification of biodiversity certification following a landowner request (Part 13, ss 13.4–13.16E).
Who decides and who pays
Decision-makers: local councils (permits and most development consents) and the Native Vegetation Panel (approvals when clearing exceeds the biodiversity offsets threshold). The Planning Secretary and the Minister have approval and concurrence roles for koala plans, master plans and mapping-based measures (see s 2.13, ss 4.11–4.14, ss 6.47–6.50, ss 13.16C–13.16E).
Costs borne by private parties: landholders and applicants pay for surveys, biodiversity development assessment reports, koala surveys/plans, planning fees and (where required) purchase/retirement of biodiversity credits (s 2.15; s 2.18). Councils and public authorities incur implementation and enforcement costs (map maintenance, exhibition, consultation duties) (s 2.5, s 4.13, s 6.48).
Why it matters (stated purpose, then operational trade-offs)
Stated purpose: to protect biodiversity values (trees, native vegetation), conserve koala habitat and manage sensitive riverine and drinking-water catchments by imposing mapped rules, required surveys, plans of management and offset/compensation mechanisms (s 2.1; ss 3.1; ss 5.1–5.2; ss 6.58–6.61; s 13.2).
Practical effects and trade-offs:
Implementation and compliance risks to watch (mechanisms, not judgments)
Net effect on private enterprise and choice (light prior)
Key statutory references (examples)
Summary sentence
This SEPP centralises and harmonises multiple biodiversity, koala-habitat and waterways controls into a single, map-driven regulatory framework that raises the procedural and cost requirements for clearing and development in many parts of NSW (survey, reports, offsets, plans), allocates decision power between councils, the Native Vegetation Panel and State agencies (Planning Secretary, Minister, Regulatory Authority), and links development outcomes to biodiversity-offset markets and mapped conservation priorities (see Parts 2, 3, 4, 5, 6 and 13).
approval means an approval granted by the Native Vegetation Panel under Part 2.4.
biodiversity development assessment report means a biodiversity development assessment report under the Biodiversity Conservation Act 2016, section 6.12, but does not include—
(a) a report that is no longer eligible, under the Biodiversity Conservation Act 2016, section 6.15(1)(b), to be submitted in connection with an application for approval to clear native vegetation, or
(b) a report that is withdrawn under the Biodiversity Conservation Act 2016, section 6.14.
biodiversity offsets scheme threshold means the biodiversity offsets scheme threshold referred to in section 7.4 of the Biodiversity Conservation Act 2016, except that, for the purposes of this Chapter, the threshold is to be determined without regard to clause 7.3 (4) of the Biodiversity Conservation Regulation 2017.
Note.
Section 7.3 (4) provides that the threshold is not exceeded merely because proposed development (other than subdivision) is to be carried out on a lot included on the Biodiversity Values Map if the lot was the result of a subdivision carried out before the commencement of that Act and the lot is within land zoned R1 to R4, RU5, B1 to B8 or IN1 to IN3.
biodiversity values—see section 1.5 of the Biodiversity Conservation Act 2016.
clear vegetation, includes—
(a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or
(b) lop or otherwise remove a substantial part of the vegetation.
landholder means a person who is the owner of land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
Native Vegetation Panel means the Native Vegetation Panel established under section 60ZE of the Local Land Services Act 2013.
non-rural areas of the State, means the land to which this Chapter applies.
permit means a permit issued by a council under Part 2.3.
private land, for Part 2.4—see section 2.25.
the Act means the Environmental Planning and Assessment Act 1979.
vegetation means a tree or other vegetation, whether or not it is native vegetation.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
(2) Notes included in this Chapter do not form part of this Chapter.
s 2.2: Am 2024 No 96, Sch 3[1].
2.3 Land to which Chapter applies
(1) This Chapter applies to the following areas of the State (the non-rural areas of the State)—
(a) land in the following local government areas—
Bayside, City of Blacktown, Burwood, Camden, City of Campbelltown, Canterbury-Bankstown, Canada Bay, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s Hill, Georges River, Inner West, Ku-ring-gai, Lane Cove, City of Liverpool, Mosman, Newcastle, North Sydney, Northern Beaches, City of Parramatta, City of Penrith, City of Randwick, Rockdale, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Waverley, City of Willoughby, Woollahra.
(b) land within the following zones under an environmental planning instrument—
Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B3 Commercial Core, Zone B4 Mixed Use, Zone B5 Business Development, Zone B6 Enterprise Corridor, Zone B7 Business Park, Zone B8 Metropolitan Centre, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone IN1 General Industrial, Zone IN2 Light Industrial, Zone IN3 Heavy Industrial, Zone IN4 Working Waterfront, Zone MU1 Mixed Use, Zone IN4 Working Waterfront, Zone SP1 Special Activities, Zone SP2 Infrastructure, Zone SP3 Tourist, Zone SP4 Enterprise, Zone SP5 Metropolitan Centre, Zone RE1 Public Recreation, Zone RE2 Private Recreation, Zone C2 Environmental Conservation, Zone C3 Environmental Management, Zone C4 Environmental Living, Zone W3 Working Waterways or Zone W4 Working Waterfront.
(2) This Chapter does not apply to national park estate and other conservation areas, or State forestry land, referred to in section 60A (b) and (c) of the Local Land Services Act 2013. However, this Chapter applies to land that is any such national park estate and other conservation area only because it is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016.
Note.
Part 5A (Land management (native vegetation)) of the Local Land Services Act 2013 does not apply to non-rural areas to which this Chapter applies.
s 2.3: Am 2024 (42), Sch 1.38[1]–[4].
2.4 Relationship to other planning instruments
(1) This Chapter does not affect the provisions of any other State Environmental Planning Policy or any provisions of a local environmental plan that are mandatory provisions under the Standard Instrument (Local Environmental Plans) Order 2006.
(2) This Chapter prevails to the extent of any inconsistency with any provisions of a local environmental plan that are not mandatory provisions under the Standard Instrument (Local Environmental Plans) Order 2006.
Note.
This Chapter does not affect authorisations under other Acts that are required to be obtained in connection with the clearing of vegetation.
2.5 Maps
(1) A reference in this Chapter to a named map adopted by this Chapter 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 the map, and approved by the Minister when the instruments are made.
(2) Two or more named maps may be combined into a single map and a reference in this Chapter to the named map is a reference to the relevant part or aspect of the single map.
(3) The maps adopted by this Chapter are to be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister.
s 2.5: Am 2026 (79), Sch 1[1].
Part 2.2 Clearing vegetation in non-rural areas
2.6 Clearing that requires permit or approval
(1) A person must not clear vegetation in a non-rural area of the State to which Part 2.3 applies without the authority conferred by a permit granted by the council under that Part.
(2) A person must not clear native vegetation in a non-rural area of the State that exceeds the biodiversity offsets scheme threshold without the authority conferred by an approval granted by the Native Vegetation Panel under Part 2.4.
(3) Subsection (2) does not apply to clearing on biodiversity certified land under the Biodiversity Conservation Act 2016, Part 8.
(4) Clearing of vegetation is not authorised under this section unless the conditions to which the authorisation is subject are complied with.
(5) Subsection (4) extends to a condition that imposes an obligation on the person who clears the vegetation that must be complied with before or after the clearing is carried out.
(6) For the purposes of the Act, section 4.3, clearing vegetation that requires a permit or approval under this Chapter is prohibited if the clearing is not carried out in accordance with the permit or approval.
2.7 Clearing that does not require permit or approval
(1) A permit or approval to clear vegetation is not required under this Chapter if it is clearing of a kind that is authorised under the Local Land Services Act 2013, section 60O or Part 5B.
(2) Despite the Local Land Services Act 2013, section 60O(a)(i) and (b)(i), subsection (1) does not apply to clearing that is part of or ancillary to the carrying out of exempt development or complying development.
(3) A permit or approval is not required under this Chapter for—
(a) the removal of vegetation that the council is satisfied is a risk to human life or property, or
(b) clearing for a traditional Aboriginal cultural activity, other than a commercial cultural activity.
(4) A permit is not required under this Chapter for the removal of vegetation that the council is satisfied—
(a) is dying or dead, and
(b) is not required as the habitat of native animals.
(5) An approval is not required under this Chapter for the removal of vegetation that the Native Vegetation Panel is satisfied—
(a) is dying or dead, and
(b) is not required as the habitat of native animals.
Note—
See also Part 2.5, which sets out certain clearing that does not require a permit or approval under this Chapter if the clearing—
(a) is carried out on certain primary production land in Zone R5, C2, C3 or C4, and
(b) complies with the requirements of Part 2.5.
s 2.7: Am 2024 (42), Sch 1.38[5].
2.8 Clearing permitted without development consent
Clearing of vegetation in a non-rural area of the State is permitted without development consent if—
(a) the clearing—
(i) is not ancillary to the carrying out of other development, and
(ii) does not require a permit or approval, and
(b) the vegetation is not—
(i) a heritage item or an Aboriginal object, or
(ii) located in a heritage conservation area or Aboriginal place of heritage significance.
Part 2.3 Council permits for clearing of vegetation in non-rural areas
2.9 Vegetation to which Part applies
(1) This Part applies to vegetation in any non-rural area of the State that is declared by a development control plan to be vegetation to which this Part applies.
(2) A development control plan may make the declaration in any manner, including by reference to any of the following—
(a) the species of vegetation,
(b) the size of vegetation,
(c) the location of vegetation (including by reference to any vegetation in an area shown on a map or in any specified zone),
(d) the presence of vegetation in an ecological community or in the habitat of a threatened species.
(3) This Part also applies to vegetation in a non-rural area of the State that, immediately before the commencement of this subsection, was—
(a) declared by a development control plan to be vegetation to which State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Part 3 applies, or
(b) prescribed by a development control plan under the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006, clause 5.9, as in force immediately before 25 August 2017.
s 2.9: Am 2022 (571), Sch 1.2.
2.10 Council may issue permit for clearing of vegetation
(1) A council may issue a permit to a landholder to clear vegetation to which this Part applies in any non-rural area of the State.
(2) A permit cannot be granted to clear native vegetation in any non-rural area of the State that exceeds the biodiversity offsets scheme threshold.
(3) A permit under this Part cannot allow the clearing of vegetation—
(a) that is or forms part of a heritage item or that is within a heritage conservation area, or
(b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,
unless the council is satisfied that the proposed
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