State Environmental Planning Policy Amendment (Artificial Waterbodies) 2019 (2019-459) LW 13 September 2019 (NSW)

New South Wales

State Environmental Planning Policy

Amendment (Artificial Waterbodies) 2019

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ROBERT STOKES, MP

Minister for Planning and Public Spaces

State Environmental Planning Policy Amendment (Artificial Waterbodies) 2019 [NSW]

State Environmental Planning Policy Amendment (Artificial

Waterbodies) 2019

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy Amendment (Artificial

Waterbodies) 2019.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5(6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy Amendment (Artificial Waterbodies) 2019 [NSW]

Schedule 1 Amendment of State Environmental Planning Policy (Primary Production and Rural

Development) 2019

Schedule 1	Amendment of State Environmental Planning
Policy (Primary Production and Rural
Development) 2019

[1]      Clause 6 Relationship with other environmental planning instruments

Omit clause 6(3)(a)(i). Insert instead—

(i)      when a consent authority determines a development application required by Part 3 of this Policy for land to which that Plan applies, and

[2]      Clause 12

Omit the clause. Insert instead—

12 Objects of Part

The objects of this Part are as follows—

(a)

to allow the carrying out of development for the purpose of artificial waterbodies on land to which this Part applies only with development consent, except as referred to in paragraph (b),

(b)

to allow the carrying out of development without development consent on that land for the purposes of the following—

(i)	small artificial waterbodies, such as those used for the purpose of storing water and for run-off for reuse, subject to certain restrictions as to location,
(ii)	routine maintenance of irrigation channels, and the use of land for related access,

(iii) emergency work on irrigation channels by irrigation corporations and the use of land for related access.

[3]      Clauses 13A and 14

Omit clause 14. Insert instead—

13A Consent required for certain artificial waterbodies

(1)

Development for the purpose of an artificial waterbody may be carried out on

land to which this Part applies only with development consent.

Note. The Environmental Planning and Assessment Regulation 2000 declares certain

artificial waterbodies to be designated development for the purposes of the Act, relevantly, those located on land referred to in clause 13 of this Policy that have a storage capacity of 800 megalitres or more, or that have a storage capacity of 100 megalitres or more and are in an environmentally sensitive area.

(2)

Subclause (1) does not apply to development for the purpose of an artificial

waterbody—

(a)	with a storage capacity of 15 megalitres or more but less than 100 megalitres, and
(b)	that is carried out in an environmentally sensitive area.

Note. Standard instrument local environmental plans for an area that includes land

referred to in clause 13 require development consent for the development referred to

in this subclause.

State Environmental Planning Policy Amendment (Artificial Waterbodies) 2019 [NSW]

Schedule 1 Amendment of State Environmental Planning Policy (Primary Production and Rural

Development) 2019

14      Certain artificial waterbodies permissible without consent

Despite clause 13A, development for the purpose of an artificial waterbody may be carried out without development consent on land to which this Part applies if—

(a)	its storage capacity is less than 15 megalitres, and
(b)	it is not within 40 metres of a public road, natural waterbody, environmentally sensitive area or tree clearing operations.

[4]      Clauses 15(1) and 16(1)

Omit “Development” wherever occurring.

Insert instead “Despite clause 13A, development”.

State Environmental Planning Policy Amendment (Artificial Waterbodies) 2019 [NSW]

Schedule 2 Amendment of State Environmental Planning Policy (Exempt and Complying Development

Codes) 2008

Schedule 2	Amendment of State Environmental Planning
Policy (Exempt and Complying Development
Codes) 2008

Clause 3D.3 Development that is complying development under this code

Omit clause 3D.3(1)(c). Insert instead—

(c) the erection of a farm building or detached development and the alteration of, or an addition to, a farm building or detached development.