State Environmental Planning Policy (Biodiversity and Conservation) 2021 (NSW)
This Policy is State Environmental Planning Policy (Biodiversity and Conservation) 2021.
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
In this Policy—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
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.
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.
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.
In this Chapter—
(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(b) a report that is withdrawn under the Biodiversity Conservation Act 2016, section 6.14.
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.
(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.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Notes included in this Chapter do not form part of this Chapter.
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.
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.
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.
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.
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.
This Chapter does not affect authorisations under other Acts that are required to be obtained in connection with the clearing of vegetation.
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 persons making the instruments when the instruments are made.
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.
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.
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.
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.
Subsection (2) does not apply to clearing on biodiversity certified land under the Biodiversity Conservation Act 2016, Part 8.
Clearing of vegetation is not authorised under this section unless the conditions to which the authorisation is subject are complied with.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A permit cannot be granted to clear native vegetation in any non-rural area of the State that exceeds the biodiversity offsets scheme threshold.
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 activity—
(c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and
(d) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
A permit may be granted under this Part subject to any conditions specified in the permit.
An application for a permit—
(a) is to be made in the form and manner required by the council, and
(b) is to be accompanied by the application fee (if any) determined by the council.
The council may request an applicant for a permit to provide the council with such further information about the proposed clearing as the council considers necessary for its proper consideration of the application (including information about previous clearing of vegetation in the area or surrounding area).
The council may deal with the application if the applicant notifies the council that the information will not be provided or if the information has not been provided within the period specified by the council or within such further period as the council may allow.
The council is to determine an application for a permit within 28 days after the date on which the application was duly made.
Any period after the applicant is requested by the council to provide further information to enable the application to be dealt with and until the information is provided (or the applicant notifies the council the information will not be provided) is not to be counted in calculating that 28-day period.
An application for a permit that has not been determined is taken to have been refused after the expiration of that 28-day period.
The council may grant or refuse to grant a permit even if the application is taken to have been refused under this section.
An applicant for a permit may appeal to the Land and Environment Court against the refusal by a council to grant the permit.
Any such appeal is to be made within 3 months after the date on which the applicant is notified of the decision or within 3 months after the council is taken to have refused the application (whichever is the later).
This section applies in relation to the exercise of the functions of the Native Vegetation Panel under this Chapter.
The Native Vegetation Panel has the function of determining applications under this Part for approval to clear native vegetation in non-rural areas of the State.
The Native Vegetation Panel is not subject to the direction or control of the Minister or of any council or other body under the Act.
The Native Vegetation Panel may delegate the exercise of its functions under this Chapter in relation to any non-rural area of the State to the council of the non-rural area (other than this power of delegation).
The Minister may, for the purposes of this Chapter, make arrangements for the provision to the Native Vegetation Panel of staff and facilities of (and information relating to the administration of this Chapter held by) a Public Service agency responsible to the Minister or a council.
An application may be made to the Native Vegetation Panel by or on behalf of the landholder for approval to clear native vegetation in any non-rural area of the State.
The Native Vegetation Panel may, in accordance with this Part, grant an approval to clear the native vegetation under this Part or refuse the application.
An application for approval for the clearing of native vegetation may only be dealt with under this Part if the clearing exceeds the biodiversity offsets scheme threshold.
An approval may only be granted under this Part if the land is being cleared for a purpose specified in the application for approval and—
(a) the land can be used for that purpose without—
(i) development consent, other than a complying development certificate, or
(ii) State significant infrastructure approval under the Act, and
(b) the clearing of the land is not part of an activity that is carried out by, or that requires the approval of, a determining authority within the meaning of Part 5 of the Act.
In determining an application for approval under this Part, the Native Vegetation Panel is to take into consideration the environmental, social and economic impacts of the proposed clearing (in accordance with the principles of ecologically sustainable development) having regard to the purpose for which the land is to be used after it is cleared. In relation to the environmental impacts, the Native Vegetation Panel is to take into consideration (without limitation) the following—
(a) the likely impact of the proposed clearing on biodiversity values as set out in a biodiversity development assessment report that has been submitted by the applicant for the approval in accordance with this Part,
(b) whether the clearing of the native vegetation is likely to cause or increase soil erosion, salination, acidification, land slip, flooding, pollution or other adverse land or water impacts,
(c) any future clearing of native vegetation on the land that has been duly authorised or notified but not yet carried out.
The Native Vegetation Panel is also to take into consideration any biodiversity or heritage matter that an applicable environmental planning instrument or development control plan requires the Panel to take into consideration in relation to the impact of the proposed clearing.
The Native Vegetation Panel must refuse to grant approval under this Part if the Panel is of the opinion that the proposed clearing of native vegetation is likely to have serious and irreversible impacts on biodiversity values.
An approval under this Part may be granted subject to such conditions relating to the clearing as are specified in the approval (including in relation to any matter referred to in subsection (5)). However, an approval cannot be granted subject to conditions relating to the use of the land after it has been cleared.
An approval under this Part may be granted even if part of the clearing is otherwise authorised under section 2.7.
An approval under this Part may not be granted to carry out forestry operations within the meaning of Part 5B of the Local Land Services Act 2013.
An approval under this Part may be granted subject to a condition that any development consent that authorises the clearing of native vegetation on the land is surrendered under the Act. Any such development consent may be granted subject to a condition that any approval under this Part is surrendered.
An application for approval under this Part may be made jointly by or on behalf of a group of landholders. In that case, the application is to be assessed and determined under this Part having regard to the whole area that is the subject of the application.
An approval may only be granted under this Part if a biodiversity development assessment report in respect of the proposed clearing has been obtained by the applicant for that approval and provided to the Native Vegetation Panel.
The Native Vegetation Panel is to provide the Environment Agency Head under the Biodiversity Conservation Act 2016 with a copy of any biodiversity development assessment report that is submitted to the Native Vegetation Panel in connection with an application for approval.
If the Native Vegetation Panel decides to grant approval, the conditions of the approval must require the applicant to retire biodiversity credits to offset the residual impact on biodiversity values of the number and class set out in the report (subject to subsection (4)). The residual impact is the impact after the measures that are required to be carried out by the terms or conditions of the approval to avoid or minimise the impact on biodiversity values of the proposed clearing (being measures on which the report was based).
The Native Vegetation Panel may reduce or increase the number of biodiversity credits that would otherwise be required to be retired if the Panel determines that the reduction or increase is justified having regard to the environmental, social and economic impacts of the proposed clearing and the purpose for which the land is to be used after it is cleared. The Native Vegetation Panel must give reasons for a decision to reduce or increase the number of biodiversity credits.
An approval under this Part does not authorise the clearing of native vegetation until any obligation under the approval to retire biodiversity credits has been complied with.
However, an approval under this Part may provide for the staged clearing of native vegetation and for the corresponding staged retirement of the relevant number of biodiversity credits before each such stage of clearing is carried out.
For the purposes of this Part, the impact on biodiversity values of proposed clearing includes the impact of clearing or retaining dead vegetation on the land concerned, and accordingly the measures required to be carried out by the terms or conditions of an approval may include the retention of dead vegetation.
This section does not operate to limit the measures that the Native Vegetation Panel may require to avoid or minimise the impacts of proposed clearing or the power of the Native Vegetation Panel to refuse to grant approval because of those impacts.
An application may be made to the Native Vegetation Panel for the modification of an approval granted under this Part to clear native vegetation in any non-rural area of the State. The application may be made by or on behalf of the landholder concerned.
A further biodiversity development assessment report is to be provided to the Native Vegetation Panel in connection with the application unless the Native Vegetation Panel determines that the application will not increase the impact on biodiversity values.
The biodiversity development assessment report is to be made in relation to the clearing as proposed to be modified, but is to take into account any measures to avoid, minimise or offset the impacts of the proposed clearing to which the modification relates that have already been taken in connection with the approval before its modification.
The Native Vegetation Panel may—
(a) grant the application and modify the approval granted under this Part accordingly, or
(b) refuse the application.
The Native Vegetation Panel may vary the terms of the modification sought by the applicant.
An application to the Native Vegetation Panel for approval to clear native vegetation (or for the modification of an approval of the Panel)—
(a) is to be made in the form and manner required by the Panel, and
(b) is to include any information or documentation required by that form.
The Native Vegetation Panel may charge a fee for an application for approval under this Part, but not exceeding—
(a) $3,000 if the area proposed to be cleared is less than 5 hectares, or
(b) $9,000 if the area proposed to be cleared is 5 hectares or more.
The Native Vegetation Panel may also charge a fee for an application for the modification of an approval under this Part, but not exceeding the fee that may be charged under Part 5A of the Local Land Services Act 2013 in connection with a similar application under Division 6 of that Part.
An application to the Native Vegetation Panel for approval to clear native vegetation (or for the modification of an approval of the Panel) under this Part that seeks to vary like-for-like credit retirement obligations specified in the biodiversity development assessment report is to include information about the reasonable steps that the applicant has taken to secure the like-for-like biodiversity credits.
The Native Vegetation Panel may request an applicant for approval to clear native vegetation, or for the modification of an approval of the Panel, under this Part to provide the Panel with such further information about the proposed clearing or the proposed modification as the Panel considers necessary for its proper consideration of the application (including information about previous clearing of vegetation in the area or surrounding area).
The request—
(a) must be writing, and
(b) may specify a reasonable period within which the information must be provided to the Native Vegetation Panel, and
(c) must include notice of the effect of a failure to provide the information on the determination of the application and on the applicant’s rights of appeal with respect to the application.
The Native Vegetation Panel may deal with the application if the applicant notifies the Panel in writing that the information will not be provided or if the information has not been provided within the period specified by the Panel or within such further period as the Panel may allow.
The Native Vegetation Panel is to determine an application for approval to clear native vegetation (or to modify an approval of the Panel) under this Part within 90 days after the date on which the application was duly made.
Any period after the applicant is requested by the Native Vegetation Panel to provide further information to enable the application to be dealt with and until the information is provided (or the applicant notifies the Panel the information will not be provided) is not to be counted in calculating that 90-day period.
An application for approval (or the modification of an approval) that has not been determined is taken to have been refused after the expiration of that 90-day period.
The Native Vegetation Panel may grant or refuse to grant an application even if the application is taken to have been refused under this section.
A landholder may appeal to the Land and Environment Court against a decision to refuse an application by the landholder for approval under this Part or for the modification of any such approval or against a decision to impose a condition of any such approval.
Any such appeal is to be made within 6 months after the date on which the applicant is notified of the decision or within 6 months after the Panel is taken to have refused the application (whichever is the later).
In this section, a reference to a landholder includes a reference to a person who makes a relevant application on behalf of the landholder.
An approval of the Native Vegetation Panel to clear native vegetation lapses 5 years after the date from which it operates.
Any such approval does not lapse if the clearing is commenced before the date on which the approval would otherwise lapse.
The Native Vegetation Panel may set out, in any such approval, circumstances in which clearing is or is not taken to be commenced for the purposes of this section.
An approval under this Part applies to the clearing of native vegetation by or on behalf of the landholder to whom it was granted and by or on behalf of any other person who becomes a landholder of the land concerned after the approval was granted.
If an application for approval (or for the modification of an approval) under this Part is refused by the Native Vegetation Panel, the applicant is to be given the reasons for the decision.
An approval of the Native Vegetation Panel to clear native vegetation operates from the date the approval is granted or, if a later date is specified in the approval, from that later date. If an application for approval is refused and the Land and Environment Court decides to grant approval on appeal, the decision is taken to be an approval granted by the Native Vegetation Panel and operates from the date of that decision.
To avoid doubt, the Native Vegetation Panel is not a determining authority for the purposes of Part 5 of the Act when granting or modifying an approval under this Part.
In this Part—
In this Part, a reference to land in Zone R5, C2, C3 or C4 is a reference to the following zones under an environmental planning instrument that applies to the land—
(a) Zone R5 Large Lot Residential,
(b) Zone C2 Environmental Conservation,
(c) Zone C3 Environmental Management,
(d) Zone C4 Environmental Living.
This Part sets out the clearing of native vegetation that does not require a permit or approval under this Chapter.
A permit or approval is not required to clear native vegetation under this Chapter only if the requirements of this Part that apply to the clearing are complied with.
The clearing must be carried out by or on behalf of the landholder, unless otherwise provided.
The clearing must be carried out in a way that minimises the risk of soil erosion.
The clearing must be carried out only to the minimum extent necessary for the purpose for which the clearing is carried out.
This Part does not authorise the clearing of native vegetation on land that is subject to an order under the Biodiversity Conservation Act 2016, Part 11.
In this Part, the maximum distance of clearing of native vegetation means—
(a) for linear infrastructure—the total width of the clearing, or
(b) for fixed point infrastructure—the maximum distance of the clearing measured from the perimeter of the infrastructure.
The maximum distance of clearing for fixed point infrastructure includes the area on which the infrastructure is located in addition to the maximum distance of the clearing from the perimeter of the infrastructure.
The maximum distances of clearing of native vegetation are not cumulative.
If the maximum distance for an item of infrastructure overlaps with the maximum distance for another item of infrastructure, the distances are not to be combined.
A maximum distance of clearing specified in this Part in relation to an item of infrastructure on a landholding applies even if part of the clearing within the maximum distance is carried out on an adjoining landholding.
This Part does not apply to clearing for an item of infrastructure constructed by a landholder on the same landholding as another item of infrastructure for which clearing may be carried out without a permit or approval under this Part if—
(a) the item of infrastructure could have been constructed closer to the other item of infrastructure to reduce the overall distance of the clearing for both items of infrastructure to the smallest overall distance, and
(b) the landholder does not provide a reasonable justification for the location of the item of infrastructure constructed by the landholder.
This Division applies to land identified as “Allowable clearing land” on the Allowable Clearing Map that is—
(a) land used for primary production within the meaning of the Land Tax Management Act 1956, section 10AA, and
(b) in Zone R5, C2, C3 or C4.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for—
(a) the construction of a permanent boundary fence, or
(b) the maintenance of—
(i) an existing permanent boundary fence, or
(ii) an existing permanent internal fence, or
(iii) an existing farm track.
See section 2.36 in relation to clearing for the construction of a farm track on land in Zones R5, C3 and C4.
The maximum clearing distance is 6 metres.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for the maintenance of an existing public utility associated with water supply infrastructure or gas supply infrastructure.
The clearing must be carried out by or on behalf of—
(a) the owner of the infrastructure, or
(b) the landholder.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for the maintenance of existing telecommunications infrastructure.
The clearing must be carried out by or on behalf of—
(a) the owner of the infrastructure, or
(b) the landholder.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for the maintenance of an existing public utility associated with the transmission of electricity (an
Maintenance of an electricity utility includes the following activities only if the activity is carried out by or at the written direction of a relevant person—
(a) maintaining the necessary safety clearance—
(i) under power lines, conductors and structures, and
(ii) around communication sites associated with the supply of electricity,
(b) minimising fuel loads under power lines to minimise the chance of smoke from a fire resulting in a line trip,
(c) maintaining existing access roads and tracks.
Maintenance of an electricity utility does not include the following—
(a) the construction of a new access road or track,
(b) the removal of low growing groundcover,
(c) maintaining a safety clearance from power lines that exceeds either of—
(i) the maximum clearing distance, or
(ii) the minimum distance that will ensure reliability of supply under all loading and environmental conditions and minimise the risk of arcing.
In this section—
Nominal operating voltage of power line | Maximum clearing distance |
Not more than 11 kV | 20 metres |
Above 11 kV up to and including 33 kV | 25 metres |
Above 33 kV up to and including 66 kV | 30 metres |
Above 66 kV up to and including 132 kV | 45 metres |
Above 132 kV up to and including 330 kV | 60 metres |
Above 330 kV | 70 metres |
(a) in which the electricity utility is vested, or
(b) that has the responsibility for the electricity utility’s safe operation.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is reasonably necessary for the maintenance or operation of existing privately owned power lines on private land.
See section 2.39 in relation to clearing for the construction of privately owned power lines on private land in Zones R5, C3 and C4.
This Part applies to land identified as “Allowable clearing land” on the Allowable Clearing Map that is—
(a) land used for primary production within the meaning of the Land Tax Management Act 1956, section 10AA, and
(b) in Zone R5, C3 or C4.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for the construction of a farm track if—
(a) the farm track is reasonably required to access sites within or on the other side of the land, and
(b) the route of the farm track minimises the clearing that is required to be carried out.
See section 2.30 in relation to clearing for the maintenance of an existing farm track on land in Zones R5, C2, C3 and C4.
The maximum clearing distance is 6 metres.
A permit or approval to clear native vegetation that has been planted is not required under this Chapter if the clearing complies with the requirements of this section.
If the clearing is carried out on land to which a private native forestry plan applies and native vegetation has been planted as part of stocking or regeneration requirements, the stocking or regeneration requirements must be met.
The clearing must not be carried out on land within a buffer distance from a water body, within the meaning of the Land Management (Native Vegetation) Code 2018, clause 15.
This section does not apply if the native vegetation was planted with the assistance of public funds granted for a purpose other than for forestry purposes.
In this section—
(a) a private native forestry code of practice, within the meaning of the Local Land Services Act 2013, Part 5B, or
(b) a direction given or requirement made by the Environment Protection Authority.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is for the purpose of environmental protection works.
For the purposes of this section,
(a) works associated with the rehabilitation of land towards its natural state, and
(b) works to protect land from environmental degradation.
Environmental protection works include the following—
(a) re-vegetation or bush regeneration works,
(b) wetland protection works,
(c) erosion protection works,
(d) dune restoration work.
Environmental protection works do not include coastal protection works, within the meaning of the Coastal Management Act 2016.
A permit or approval to clear native vegetation is not required under this Chapter if the clearing is reasonably necessary for the construction of privately owned power lines on private land.
See section 2.34 in relation to the maintenance and operation of existing privately owned power lines on private land in Zones R5, C2, C3 and C4.
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.
In this Chapter—
This Chapter applies to land in the following land use zones, or an equivalent land use zone, in a local government area specified in Schedule 2, but not if the local government area is marked with an * in that Schedule—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry.
This Chapter does not apply to certified urban capable land within the meaning of Chapter 13.
In this section—
The objective of this section is to enable the clearing of feed tree species to create an asset protection zone as part of the replacement of a lawfully erected dwelling house that has been damaged or destroyed by a bush fire.
This Chapter does not apply to land forming part of an asset protection zone cleared for a dwelling house if—
(a) the dwelling house is replacing a lawfully erected dwelling house damaged or destroyed by a bush fire, and
(b) the development application for the replacement dwelling house is made to the consent authority no later than 5 years after the day the bush fire caused the damage or destruction, and
(c) the asset protection zone is cleared in accordance with Planning for Bush Fire Protection.
This Part applies to land—
(a) that is land to which this Chapter applies, and
(b) that is land in relation to which a development application has been made, and
(c) that, whether or not the development application applies to the whole, or only part, of the land—
(i) has an area of more than 1 hectare, or
(ii) has, together with adjoining land in the same ownership, an area of more than 1 hectare.
Before a council may grant consent to a development application for consent to carry out development on land to which this Part applies, the council must be satisfied as to whether or not the land is a potential koala habitat.
The council may be satisfied as to whether or not land is a potential koala habitat only on information obtained by it, or by the applicant, from a person who is qualified and experienced in tree identification.
If the council is satisfied—
(a) that the land is not a potential koala habitat, it is not prevented, because of this Chapter, from granting consent to the development application, or
(b) that the land is a potential koala habitat, it must comply with section 3.7.
Before a council may grant consent to a development application for consent to carry out development on land to which this Part applies that it is satisfied is a potential koala habitat, it must satisfy itself as to whether or not the land is a core koala habitat.
The council may be satisfied as to whether or not land is a core koala habitat only on information obtained by it, or by the applicant, from a person with appropriate qualifications and experience in biological science and fauna survey and management.
If the council is satisfied—
(a) that the land is not a core koala habitat, it is not prevented, because of this Chapter, from granting consent to the development application, or
(b) that the land is a core koala habitat, it must comply with section 3.8.
Before granting consent to a development application for consent to carry out development on land to which this Part applies that it is satisfied is a core koala habitat, there must be a plan of management prepared in accordance with Part 3 that applies to the land.
The council’s determination of the development application must not be inconsistent with the plan of management.
Without limiting section 3.15, a council must take the guidelines into consideration in determining an application for consent to carry out development on land to which this Part applies.
A plan of management may be prepared for—
(a) all land to which this Chapter applies in a local government area,
(b) a part of that land, including an area of land that is the subject of a development application.
Anyone, including a council, may prepare a plan of management.
A plan of management is to be prepared in accordance with the guidelines.
A plan of management prepared by a council has no effect unless it is approved by the Planning Secretary.
A plan of management prepared by a person other than a council has no effect unless it is approved by the council for the relevant local government area and by the Planning Secretary.
A plan of management takes effect on the day it is approved by the Planning Secretary or on a later day specified in it for the purpose.
A plan of management may be amended or repealed by another plan of management prepared and approved in accordance with this Part.
In order to give effect to the aims of this Chapter, a council of a local government area in which there is land to which this Chapter applies must—
(a) survey the land so as to identify areas of potential koala habitat and core koala habitat, and
(b) consider making or amending a local environmental plan—
(i) to include land identified as a core koala habitat within a conservation zone, or
(ii) to identify land that is a core koala habitat and apply special provisions to control the development of that land, and
(c) consider preparing an appropriate development control plan for land that is or adjoins a core koala habitat.
Subsection (1)(a) does not apply to a council that has, before the commencement of this section, carried out a survey to identify areas of potential koala habitat and core koala habitat in relation to the whole of its local government area.
If, under a planning proposal, a council proposes to zone or rezone land that is a potential koala habitat or a core koala habitat otherwise than as a conservation zone, the Minister may require the council to prepare an environmental study of the land.
The council must prepare the environmental study in accordance with the specifications, if any, relating to the form, content and preparation of the study as have been notified to the council by the Minister.
The environmental study must be prepared with regard to the matters, relating to the environment of the land, as determined by the council, subject to the specifications.
The council must have regard to an environmental study prepared under this section in preparing the proposed instrument to which the planning proposal relates.
Subsection (1) does not apply if a council has, before the commencement of the subsection, prepared an environmental study of the land.
In exercising a function under this Chapter, a council must take into consideration the guidelines that are relevant to the exercise of the function.
Anyone may inspect the guidelines free of charge at an office of the Department during the hours when the office is open to the public.
The following are taken to be plans of management made under this Chapter—
(a) a plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection that was kept in force by clause 16 of State Environmental Planning Policy (Koala Habitat Protection) 2019,
(b) a koala plan of management approved under State Environmental Planning Policy (Koala Habitat Protection) 2019 and in force immediately before the repeal of that Policy.
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.
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.
In this Chapter—
(a) an area of land which has been assessed by a suitably qualified and experienced person as being highly suitable koala habitat and where koalas are recorded as being present at the time of assessment of the land as highly suitable koala habitat, or
(b) an area of land which has been assessed by a suitably qualified and experienced person as being highly suitable koala habitat and where koalas have been recorded as being present in the previous 18 years.
(a) State Environmental Planning Policy No 44—Koala Habitat Protection,
(b) State Environmental Planning Policy (Koala Habitat Protection) 2019,
(c) State Environmental Planning Policy (Koala Habitat Protection) 2020.
(a) a tertiary qualification in ecology, environmental management, forestry or other equivalent qualifications, and
(b) experience in flora and fauna identification, survey and management, including experience in conducting koala surveys.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Notes included in this Chapter do not form part of this Chapter.
A non-standard zone is an
Land use zone | Permitted land uses |
RU1 Primary Production | Primary production, including agriculture and a diverse range of primary industry enterprises |
RU2 Rural Landscape | Compatible rural land uses, including extensive agriculture |
RU3 Forestry | Forestry land uses and other development compatible with forestry land uses |
The Planning Secretary may declare, by order published in the Gazette, that a non-standard zone is equivalent to a standard zone.
The order is conclusive that the non-standard zone is an equivalent land use zone to the standard zone.
In this section—
This Chapter applies to each local government area listed in Schedule 2.
The whole of each local government area is—
(a) in the koala management area specified in Schedule 2 opposite the local government area, or
(b) if more than 1 koala management area is specified, in each of those koala management areas.
Despite subsection (1), this Chapter does not apply to—
(a) land dedicated or reserved under the National Parks and Wildlife Act 1974, or acquired under Part 11 of that Act, or
(b) land dedicated under the Forestry Act 2012 as a State forest or a flora reserve, or
(c) land on which biodiversity certification has been conferred, and is in force, under Part 8 of the Biodiversity Conservation Act 2016, or
(d) land in the following land use zones, or an equivalent land use zone, unless the zone is in a local government area marked with an * in Schedule 2—
(i) Zone RU1 Primary Production,
(ii) Zone RU2 Rural Landscape,
(iii) Zone RU3 Forestry.
In the event of an inconsistency between this Chapter and another environmental planning instrument, whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
The objective of this section is to enable the clearing of koala use tree species to create an asset protection zone as part of the replacement of a lawfully erected dwelling house that has been damaged or destroyed by a bush fire.
This Chapter does not apply to land forming part of an asset protection zone cleared for a dwelling house if—
(a) the dwelling house is replacing a lawfully erected dwelling house damaged or destroyed by a bush fire, and
(b) the development application for the replacement dwelling house is made to the consent authority no later than 5 years after the day the bush fire caused the damage or destruction, and
(c) the asset protection zone is cleared in accordance with Planning for Bush Fire Protection.
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 that map, and approved by the persons making the environmental planning instruments when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Chapter are to be deposited in the head office of the Department of Planning, Industry and Environment and made available for public access.
This section applies to land to which this Chapter applies and to which an approved koala plan of management applies.
The council’s determination of the development application must be consistent with the approved koala plan of management that applies to the land.
This section applies to land to which this Chapter applies if the land—
(a) has an area of at least 1 hectare (including adjoining land within the same ownership), and
(b) does not have an approved koala plan of management applying to the land.
Before a council may grant consent to a development application for consent to carry out development on the land, the council must assess whether the development is likely to have any impact on koalas or koala habitat.
If the council is satisfied that the development is likely to have low or no impact on koalas or koala habitat, the council may grant consent to the development application.
If the council is satisfied that the development is likely to have a higher level of impact on koalas or koala habitat, the council must, in deciding whether to grant consent to the development application, take into account a koala assessment report for the development.
However, despite subsections (3) and (4), the council may grant development consent if the applicant provides to the council—
(a) information, prepared by a suitably qualified and experienced person, the council is satisfied demonstrates that the land subject of the development application—
(i) does not include any trees belonging to the koala use tree species listed in Schedule 3 for the relevant koala management area, or
(ii) is not core koala habitat, or
(b) information the council is satisfied demonstrates that the land subject of the development application—
(i) does not include any trees with a diameter at breast height over bark of more than 10 centimetres, or
(ii) includes only horticultural or agricultural plantations.
In this section—
A council is not prevented from granting consent to a development application for consent to carry out development on land if—
(a) the land does not have an approved koala plan of management applying to the land, or
(b) the council is satisfied that the land is not core koala habitat.
A koala plan of management may be prepared for—
(a) the whole of a local government area listed in Schedule 2, or
(b) a part of a local government area listed in Schedule 2.
A koala plan of management must be prepared—
(a) on behalf of a council by a suitably qualified and experienced person, and
(b) having regard to a survey of the land for core koala habitat conducted by a suitably qualified and experienced person.
A koala plan of management may—
(a) be a separate document or be part of another document, and
(b) provide for additional matters, whether or not the matters are directly related to the assessment of a development application by the council.
Land may be identified in a koala plan of management if—
(a) the land is identified on the Site Investigation Area for Koala Plans of Management Map as an area where this Chapter applies, and
(b) the land is core koala habitat.
In this section—
In preparing a koala plan of management, a council, on behalf of which the plan of management has been prepared, must consult the Chief Executive Officer of Local Land Services and a Public Service employee designated by the Minister for Energy and Environment.
Following the preparation of a draft koala plan of management, the council—
(a) must publicly exhibit the draft koala plan of management for a minimum period of 90 days, and
(b) must give public notice on the council’s website and in a local newspaper of the places, dates and times for inspection of the draft koala plan of management, and
(c) must publicly exhibit a copy of the draft koala plan of management at the places, on the dates and during the times set out in the notice, and
(d) must serve notice of the places, dates and times for inspection of the draft koala plan of management on landholders whose land is identified under clause 12(4) in the draft koala plan of management—
(i) by post, or
(ii) by email to an email address specified by the landholder for the service of notices by the council, and
(e) must specify, in the notices referred to in paragraphs (b) and (d), the period during which submissions about the draft koala plan of management may be made to the council (which must include the period during which the draft koala plan of management is being publicly exhibited).
A koala plan of management prepared in accordance with section 4.11 has no effect unless it is approved by the Planning Secretary.
The council on behalf of which the koala plan of management has been prepared must provide the following to the Planning Secretary—
(a) a report on submissions received as a result of the public consultation under section 4.13,
(b) a report on the survey of the land made under section 4.11(2)(b),
(c) any other documents that informed the preparation of the koala plan of management.
Before approving a koala plan of management, the Planning Secretary must provide the following to the Chief Executive Officer of Local Land Services and a Public Service employee designated by the Minister for Energy and Environment for comment—
(a) a copy of the draft koala plan of management,
(b) a copy of the report on submissions,
(c) a copy of the report on the survey of the land made under section 4.11(2)(b),
(d) any other documents that informed the preparation of the koala plan of management.
Before approving a koala plan of management, the Planning Secretary must obtain the concurrence of the Secretary of Regional NSW.
Before approving a koala plan of management submitted for approval under this section, the Planning Secretary may—
(a) request that amendments be made to the koala plan of management, and
(b) approve the koala plan of management conditional on the making of those amendments.
To avoid doubt, a koala plan of management conditionally approved under subsection (5)(b) is taken to be approved by the Planning Secretary on the making of those amendments.
A koala plan of management takes effect on—
(a) the day it is approved by the Planning Secretary, or
(b) if a later day is specified in the plan of management—the later day.
An approved koala plan of management may be amended or replaced by a subsequent koala plan of management prepared and approved in accordance with this Part.
The subsequent koala plan of management must be exhibited in accordance with this Part if the council is directed to do so by the Planning Secretary.
A development application made in relation to land, but not finally determined before this Chapter applied to the land, must be determined as if this Chapter had not commenced in its application to the land.
A plan of management approved under a former Koala SEPP in relation to the whole of a local government area or a part of a local government area and in force immediately before this Chapter is taken to be an approved koala plan of management.
The following documents published on the NSW planning portal are taken to be approved koala plans of management and may be renamed accordingly—
(a) Byron Shire Draft koala plan of management,
(b) Tweed Shire Draft koala plan of management.
An approved koala plan of management under this section applies to the land specified in the koala plan of management and accordingly section 4.8 extends to apply to that land.
This section applies to a document submitted to the Planning Secretary—
(a) for approval as a koala plan of management in relation to the whole of a local government area or a part of a local government area, and
(b) before this Chapter applied to the local government area.
Before approving a koala plan of management submitted for approval under this section, the Planning Secretary may—
(a) request that amendments be made to the koala plan of management, and
(b) approve the koala plan of management conditional on the making of those amendments.
To avoid doubt, a koala plan of management conditionally approved under subsection (2)(b) is taken to be approved by the Planning Secretary on the making of those amendments.
Despite sections 4.11–4.14, the Planning Secretary may approve the document as a koala plan of management for the local government area or part of the local government area.
To avoid doubt, the Planning Secretary may approve the document as a koala plan of management despite the document not having been prepared in accordance with the provisions of a former Koala SEPP.
On approval, the document is taken to be an approved koala plan of management.
The aims of this Chapter are to conserve and enhance the riverine environment of the River Murray for the benefit of all users.
The objectives of this Chapter are—
(a) to ensure that appropriate consideration is given to development with the potential to adversely affect the riverine environment of the River Murray, and
(b) to establish a consistent and co-ordinated approach to environmental planning and assessment along the River Murray, and
(c) to conserve and promote the better management of the natural and cultural heritage values of the riverine environment of the River Murray.
Further information about the objectives of this Chapter and how it operates may be obtained from information included with the copy of this Chapter published by the Department of Planning.
This Chapter applies to the land shown on the map, that is the riverine land of the River Murray within the City of Albury and the areas of Balranald, Berrigan, Conargo, Corowa, Deniliquin, Hume, Murray, Wakool, Wentworth and Windouran.
This Chapter—
(a) replaces Murray Regional Environmental Plan No 1—Murray River Riparian Land (which is accordingly repealed).
The application of this Chapter to land to which State Environmental Planning Policy No 52—Farm Dams and Other Works in Land and Water Management Plan Areas applies is modified by clause 5 of that Policy which provides that the Policy prevails to the extent of any inconsistency with this Chapter and that, to remove any doubt—
(a) Part 5.2 of this Chapter applies—
(i) when a consent authority determines a development application required by that Policy for land to which this Chapter applies, and
(ii) when a public authority or person proposes to carry out (on land to which this Chapter applies) development which does not require consent because of that Policy but which has the potential to adversely affect the riverine environment of the River Murray, and
(b) such of the provisions of Part 5.3 as provide for consultation by a consent authority apply when development defined in the Planning Control and Consultation Table in that Part is required to be carried out with consent because of that Policy.
If this Chapter is inconsistent with another regional environmental plan or a local environmental plan, then this Chapter prevails to the extent of the inconsistency.
However, this Chapter does not permit development which is prohibited by another environmental planning instrument.
This Chapter contains planning principles to help councils prepare local environmental plans that apply to the riverine land of the River Murray.
The Dictionary at the end of this Chapter defines words and expressions used in this Chapter.
In this Chapter—
Notes in this Chapter do not form part of this Chapter but are included to assist in the understanding of this Chapter.
This Part applies when—
(a) a consent authority determines a development application, or
(b) a public authority or person proposes to carry out development which does not require development consent but which has the potential to adversely affect the riverine environment of the River Murray.
When this Part applies, the following must be taken into account—
(a) the aims, objectives and planning principles of this Chapter,
(b) any relevant River Management Plan,
(c) any likely effect of the proposed plan or development on adjacent and downstream local government areas,
(d) the cumulative impact of the proposed development on the River Murray.
When this Part applies, the following must be taken into account—
• Access * The waterway and much of the foreshore of the River Murray is a public resource. Alienation or obstruction of this resource by or for private purposes should not be supported.
* Development along the main channel of the River Murray should be for public purposes. Moorings in the main channel should be for the purposes of short stay occupation only.
* Human and stock access to the River Murray should be managed to minimise the adverse impacts of uncontrolled access on the stability of the bank and vegetation growth.
• Bank disturbance * Disturbance to the shape of the bank and riparian vegetation should be kept to a minimum in any development of riverfront land.
• Flooding * Where land is subject to inundation by floodwater—
(a) the benefits to riverine ecosystems of periodic flooding,
(b) the hazard risks involved in developing that land,
(c) the redistributive effect of the proposed development on floodwater,
(d) the availability of other suitable land in the locality not liable to flooding,
(e) the availability of flood free access for essential facilities and services,
(f) the pollution threat represented by any development in the event of a flood,
(g) the cumulative effect of the proposed development on the behaviour of floodwater, and
(h) the cost of providing emergency services and replacing infrastructure in the event of a flood.
* Flood mitigation works constructed to protect new urban development should be designed and maintained to meet the technical specifications of the Department of Water Resources.
• Land degradation * Development should seek to avoid land degradation processes such as erosion, native vegetation decline, pollution of ground or surface water, groundwater accession, salination and soil acidity, and adverse effects on the quality of terrestrial and aquatic habitats.
• Landscape * Measures should be taken to protect and enhance the riverine landscape by maintaining native vegetation along the riverbank and adjacent land, rehabilitating degraded sites and stabilising and revegetating riverbanks with appropriate species.
• River related uses * Only development which has a demonstrated, essential relationship with the river Murray should be located in or on land adjacent to the River Murray. Other development should be set well back from the bank of the River Murray.
* Development which would intensify the use of riverside land should provide public access to the foreshore.
• Settlement * New or expanding settlements (including rural-residential subdivision, tourism and recreational development) should be located—
(a) on flood free land,
(b) close to existing services and facilities, and
(c) on land that does not compromise the potential of prime crop and pasture land to produce food or fibre.
• Water quality * All decisions affecting the use or management of riverine land should seek to reduce pollution caused by salts and nutrients entering the River Murray and otherwise improve the quality of water in the River Murray.
• Wetlands * Wetlands are a natural resource which have ecological, recreational, economic, flood storage and nutrient and pollutant filtering values.
Land use and management decisions affecting wetlands should—
(a) provide for a hydrological regime appropriate for the maintenance or restoration of the productive capacity of the wetland,
(b) consider the potential impact of surrounding land uses and incorporate measures such as a vegetated buffer which mitigate against any adverse effects,
(c) control human and animal access, and
(d) conserve native plants and animals.
The above principles will also be relevant for determining authorities when they carry out their environmental assessment functions under Part 5 of the Act for activities which may impact on the River Murray.
Consultation required by this Part must be carried out—
(a) if development consent is required—by the consent authority before determining the development application, or
(b) if development consent is not required—by the public authority or person carrying out the development, before carrying out the development.
Consultation by an authority or person with a listed agency must be carried out as follows—
(a) the authority or person must write to the listed agency giving a description of the proposed development,
(b) the authority or person must request the listed agency to comment on the proposed development within 21 days from the date the agency receives the notice,
(c) the authority or person must consider any comments made on the proposed development by the listed agency within those 21 days.
Consultation is required for development in the circumstances set out in this section. Further consultation requirements are included in the Planning Control and Consultation Table (section 5.12).
(a) Where development is contrary to the aims, objectives or principles of this Chapter and may have a significant environmental effect along the Murray River—the P&D (Vic), C&NR (Vic) and the adjacent local Council in Victoria must be consulted.
(b) Where development may affect boating safety—Transport for NSW must be consulted.
Nothing in this Chapter prevents consultation with any other relevant agencies or groups appropriate to the circumstances.
Consultation is not required under this Chapter where a River Management Plan identifies work as being of a minor or routine nature.
Clause 46 of the Murray-Darling Basin Agreement 1992 requires matters, which may significantly affect the flow, use and control of water in the River Murray, to be referred to the Murray-Darling Basin Commission. The Commission should be notified when consents or approvals are granted for development where any consultation has taken place under this Chapter.
The Planning Control and Consultation Table at the end of this section deals with development defined in that Table.
Under
(a) Council consent means that the development may only be carried out with the consent of the relevant council.Note. This paragraph does not allow consent to be granted to development prohibited by another environmental planning instrument, see section 5.4(4).
(b) Prohibited means the development must not be carried out (either generally or only in the circumstances specified).(c) Designated development means that the development is declared to be designated development for the purposes of the Act.
Under
Under
In this section—
A constructed water body such as an artificial wetland, but does not include dams of less than 1 hectare in surface area used for agricultural purposes or land flood irrigated for agriculture.
* Council consent.
Potential for artificial water bodies to have an effect on the watertable.
The farming of aquatic organisms including fish, molluscs, crustaceans and aquatic plants for commercial purposes and which requires intervention in the rearing process to enhance production, whether or not undertaken in a natural or an artificially created body of water.
* Council consent.
Applications for development consent for aquaculture may need to be accompanied by detailed information about different aspects of the proposal. To avoid delays, applicants should contact each of the agencies to be consulted by the council before submitting a development application to the council.
Works which relate to the excavation, dredging or alteration to the alignment or shape of the bank or bed of the River Murray (including construction of weirs and floodgates, boat ramps and bank stabilisation works).
* Council consent (except work by or for DWR or RWC (Vic)).
Transport for NSW.
Department of Planning, Industry and Environment, if the development is—
(a) likely to significantly affect threatened species, within the meaning of the Biodiversity Conservation Act 2016, section 7.2, and
(b) in the flood planning area.
Buildings, structures or facilities used for the construction, maintenance, repair, temporary storage or sale of boats and other vessels, but does not include a large or small marina.
* Council consent.
Department of Planning, Industry and Environment.
The construction of an artificial navigable waterway.
* Council consent.
Transport for NSW.
Department of Planning, Industry and Environment.
A direction under section 101 of the Act requires applications for consent to private canal development to be referred to the Minister for Planning for determination.
Use of land for caravans or other moveable dwellings requiring an approval under Part 1 of Chapter 7 of the Local Government Act 1993.
* Council consent.
Department of Planning, Industry and Environment.
* Permanent facilities, such as rigid caravan annexes, amenity blocks and long term sites, should not be on flood liable land.
* In riverfront locations, pedestrian access to the River Murray should be restricted to constructed pathways and a vegetated strip of river frontage should be retained as a buffer between the River and camping/caravan sites and amenities.
* Vehicular access to the River Murray should be at boat launching ramps only.
Flood liable land used for chemical, fuel or fertiliser storage.
Council consent.
Any work to move or remove either trees or woody debris from the water of the River Murray, other than work which is part of an MDBC approved program.
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—
| 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 |
section 6.2
(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.
(a) a 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.
(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.
(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.
(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.
(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.
(a) is used for restraining 2 or more vessels, and
(b) is privately owned and not generally available for public use.
(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.
(a) the Sydney Drinking Water Catchment,
(b) the Sydney Harbour Catchment,
(c) the Georges River Catchment,
(d) the Hawkesbury-Nepean Catchment.
(a) an area of local significance, or
(b) an area of regional significance, or
(c) an area of significance beyond the region.
(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.
(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.
(Repealed)
State Environmental Planning Policy (Biodiversity and Conservation) 2021 (722). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Policy has been amended by this Policy, Sch 14, sec 14 and as follows—
(248) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Moorebank Freight Intermodal Precinct) 2022. LW 27.5.2022. Date of commencement, on publication on LW, sec 2. The amendment made by Sch 2[4] was without effect. | |
(461) | State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022. LW 17.8.2022. Date of commencement of Sch 1, on publication on LW, sec 2(1). | |
(571) | State Environmental Planning Policy Amendment (Coastal Mapping and Native Vegetation) 2022. LW 23.9.2022. Date of commencement, 3.10.2022, sec 2 | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(767) | State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Cumberland Plain Biodiversity Certification) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(769) | State Environmental Planning Policy Amendment (Stage 1 Bays West Precinct) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. The amendment made by Sch 2.2 was without effect as the provision being amended was repealed by State Environmental Planning Policy Amendment (Water Catchments) 2022. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(120) | State Environmental Planning Policy Amendment (Miscellaneous) 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(233) | State Environmental Planning Policy Amendment (Flood Planning) 2024. LW 21.6.2024. Date of commencement, on publication on LW, sec 2. | |
(594) | State Environmental Planning Policy Amendment (Exemptions) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2(b). | |
No 96 | Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024. Assented to 2.12.2024. Date of commencement of Sch 3, 7.3.2025, sec 2 and 2025 (88) LW 7.3.2025. |
Sec 2.2 | Am 2024 No 96, Sch 3[1]. |
Sec 2.3 | Am 2024 (42), Sch 1.38[1]–[4]. |
Sec 2.7 | Am 2024 (42), Sch 1.38[5]. |
Sec 2.9 | Am 2022 (571), Sch 1.2. |
Sec 2.15 | Am 2024 No 96, Sch 3[2]. |
Part 2.5, heading | Am 2024 (42), Sch 1.38[6]. |
Sec 2.25 | Am 2024 (42), Sch 1.38[7]–[10]. |
Part 2.5, Div 2, heading | An 2024 (42), Sch 1.38[6]. |
Sec 2.29 | Am 2024 (42), Sch 1.38[7]. |
Sec 2.30 | Am 2024 (42), Sch 1.38[11]. |
Sec 2.34 | Am 2024 (42), Sch 1.38[11]. |
Part 2.5, Div 3, heading | Am 2024 (42), Sch 1.38[11]. |
Sec 2.35 | Am 2024 (42), Sch 1.38[12]. |
Sec 2.36 | Am 2024 (42), Sch 1.38[6]. |
Sec 2.39 | Am 2024 (42), Sch 1.38[6]. |
Sec 3.1 | Am 2024 (42), Sch 1.38[13]. |
Sec 3.2 | Am 2023 (83), Sch 2.1[1]. |
Sec 3.3 | Am 2022 (461), Sch 1[1]; 2024 (42), Sch 1.38[14] [15]. |
Sec 3.13 | Am 2024 (42), Sch 1.38[13] [16]. |
Sec 3.14 | Am 2024 (42), Sch 1.38[16]. |
Sec 4.2 | Am 2023 (83), Sch 2.1[2]. |
Sec 5.12 | Am 2023 (609), Sch 2.16[1] [2]. |
Part 5.4 | Ins 2023 (609), Sch 2.16[3]. |
Sec 5.14 | Ins 2023 (609), Sch 2.16[3]. |
Chapter 6 | Subst 2022 (629), Sch 1[1]. |
Part 6.1 | Ins 2022 (629), Sch 1[1]. |
Sec 6.1 | Subst 2022 (629), Sch 1[1]. |
Sec 6.2 | Subst 2022 (629), Sch 1[1]. |
Sec 6.3 | Subst 2022 (629), Sch 1[1]. Am 2022 (767), Sch 1[1]. |
Sec 6.4 | Subst 2022 (629), Sch 1[1]. |
Part 6.2 | Ins 2022 (629), Sch 1[1]. |
Part 6.2, Div 1 | Ins 2022 (629), Sch 1[1]. |
Sec 6.5 | Subst 2022 (629), Sch 1[1]. Am 2023 (609), Sch 2.16[4] [5]. |
Part 6.2, Div 2 | Ins 2022 (629), Sch 1[1]. |
Sec 6.6 | Subst 2022 (629), Sch 1[1]. |
Sec 6.7 | Subst 2022 (629), Sch 1[1]. |
Sec 6.8 | Subst 2022 (629), Sch 1[1]. |
Sec 6.9 | Subst 2022 (629), Sch 1[1]. |
Sec 6.10 | Ins 2022 (629), Sch 1[1]. |
Part 6.2, Div 3 | Ins 2022 (629), Sch 1[1]. |
Sec 6.11 | Ins 2022 (629), Sch 1[1]. |
Sec 6.12 | Ins 2022 (629), Sch 1[1]. |
Sec 6.13 | Ins 2022 (629), Sch 1[1]. |
Sec 6.14 | Ins 2022 (629), Sch 1[1]. |
Part 6.2, Div 4 | Ins 2022 (629), Sch 1[1]. |
Sec 6.15 | Ins 2022 (629), Sch 1[1]. |
Sec 6.16 | Ins 2022 (629), Sch 1[1]. |
Sec 6.17 | Ins 2022 (629), Sch 1[1]. |
Sec 6.18 | Ins 2022 (629), Sch 1[1]. |
Sec 6.19 | Ins 2022 (629), Sch 1[1]. |
Sec 6.20 | Ins 2022 (629), Sch 1[1]. |
Sec 6.21 | Ins 2022 (629), Sch 1[1]. |
Sec 6.22 | Ins 2022 (629), Sch 1[1]. |
Sec 6.23 | Ins 2022 (629), Sch 1[1]. |
Part 6.3 | Ins 2022 (629), Sch 1[1]. |
Part 6.3, Div 1 | Ins 2022 (629), Sch 1[1]. |
Sec 6.24 | Ins 2022 (629), Sch 1[1]. |
Sec 6.25 | Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]. |
Part 6.3, Div 2 | Ins 2022 (629), Sch 1[1]. |
Sec 6.26 | Ins 2022 (629), Sch 1[1]. |
Sec 6.27 | Ins 2022 (629), Sch 1[1]. Am 2023 (458), Sch 3.1[1]. |
Part 6.3, Div 3 | Ins 2022 (629), Sch 1[1]. |
Sec 6.28 | Ins 2022 (629), Sch 1[1]. |
Sec 6.29 | Ins 2022 (629), Sch 1[1]. |
Sec 6.30 | Ins 2022 (629), Sch 1[1]. |
Sec 6.31 | Ins 2022 (629), Sch 1[1]. |
Sec 6.32 | Ins 2022 (629), Sch 1[1]. |
Sec 6.33 | Ins 2022 (629), Sch 1[1]. |
Sec 6.34 | Ins 2022 (629), Sch 1[1]. |
Sec 6.35 | Ins 2022 (629), Sch 1[1]. |
Sec 6.36 | Ins 2022 (629), Sch 1[1]. |
Sec 6.37 | Ins 2022 (629), Sch 1[1]. |
Sec 6.38 | Ins 2022 (629), Sch 1[1]. |
Sec 6.39 | Ins 2022 (629), Sch 1[1]. |
Sec 6.40 | Ins 2022 (629), Sch 1[1]. |
Sec 6.41 | Ins 2022 (629), Sch 1[1]. |
Part 6.3, Div 4 | Ins 2022 (629), Sch 1[1]. |
Sec 6.42 | Ins 2022 (629), Sch 1[1]. |
Sec 6.43 | Ins 2022 (629), Sch 1[1]. |
Part 6.3, Div 5 | Ins 2022 (629), Sch 1[1]. |
Sec 6.44 | Ins 2022 (629), Sch 1[1]. |
Sec 6.45 | Ins 2022 (629), Sch 1[1]. |
Sec 6.46 | Ins 2022 (629), Sch 1[1]. |
Sec 6.47 | Ins 2022 (629), Sch 1[1]. |
Sec 6.48 | Ins 2022 (629), Sch 1[1]. |
Sec 6.49 | Ins 2022 (629), Sch 1[1]. |
Sec 6.50 | Ins 2022 (629), Sch 1[1]. |
Part 6.4 | Ins 2022 (629), Sch 1[1]. |
Sec 6.51 | Ins 2022 (629), Sch 1[1]. |
Sec 6.52 | Ins 2022 (629), Sch 1[1]. |
Sec 6.53 | Ins 2022 (629), Sch 1[1]. |
Sec 6.54 | Ins 2022 (629), Sch 1[1]. |
Sec 6.55 | Ins 2022 (629), Sch 1[1]. |
Sec 6.56 | Ins 2022 (629), Sch 1[1]. |
Sec 6.57 | Ins 2022 (629), Sch 1[1]. |
Part 6.5 | Ins 2022 (629), Sch 1[1]. |
Sec 6.58 | Ins 2022 (629), Sch 1[1]. |
Sec 6.59 | Ins 2022 (629), Sch 1[1]. |
Sec 6.60 | Ins 2022 (629), Sch 1[1]. |
Sec 6.61 | Ins 2022 (629), Sch 1[1]. |
Sec 6.62 | Ins 2022 (629), Sch 1[1]. |
Sec 6.63 | Ins 2022 (629), Sch 1[1]. |
Sec 6.64 | Ins 2022 (629), Sch 1[1]. |
Part 6.6 | Ins 2022 (629), Sch 1[1]. |
Sec 6.65 | Ins 2022 (629), Sch 1[1]. Am 2023 (609), Sch 2.16[6]. |
Sec 6.66 | Ins 2024 (594), Sch 1. |
Chapter 7 | Rep 2022 (629), Sch 1[1]. |
Sec 7.1 | Rep 2022 (629), Sch 1[1]. |
Sec 7.2 | Rep 2022 (629), Sch 1[1]. |
Sec 7.3 | Rep 2022 (629), Sch 1[1]. |
Sec 7.4 | Rep 2022 (629), Sch 1[1]. |
Sec 7.5 | Rep 2022 (629), Sch 1[1]. |
Sec 7.6 | Rep 2022 (629), Sch 1[1]. |
Chapter 8 | Rep 2022 (629), Sch 1[1]. |
Part 8.1 | Rep 2022 (629), Sch 1[1]. |
Sec 8.1 | Rep 2022 (629), Sch 1[1]. |
Sec 8.2 | Rep 2022 (629), Sch 1[1]. |
Sec 8.3 | Rep 2022 (629), Sch 1[1]. |
Sec 8.4 | Rep 2022 (629), Sch 1[1]. |
Sec 8.5 | Rep 2022 (629), Sch 1[1]. |
Sec 8.6 | Rep 2022 (629), Sch 1[1]. |
Part 8.2 | Rep 2022 (629), Sch 1[1]. |
Sec 8.7 | Rep 2022 (629), Sch 1[1]. |
Sec 8.8 | Rep 2022 (629), Sch 1[1]. |
Sec 8.9 | Rep 2022 (629), Sch 1[1]. |
Sec 8.10 | Rep 2022 (629), Sch 1[1]. |
Part 8.3 | Rep 2022 (629), Sch 1[1]. |
Sec 8.11 | Rep 2022 (629), Sch 1[1]. |
Chapter 9 | Rep 2022 (629), Sch 1[1]. |
Part 9.1 | Rep 2022 (629), Sch 1[1]. |
Sec 9.1 | Rep 2022 (629), Sch 1[1]. |
Sec 9.2 | Rep 2022 (629), Sch 1[1]. |
Part 9.2 | Rep 2022 (629), Sch 1[1]. |
Sec 9.3 | Rep 2022 (629), Sch 1[1]. |
Sec 9.4 | Rep 2022 (629), Sch 1[1]. |
Sec 9.5 | Rep 2022 (629), Sch 1[1]. |
Sec 9.6 | Rep 2022 (629), Sch 1[1]. |
Part 9.3 | Rep 2022 (629), Sch 1[1]. |
Sec 9.7 | Rep 2022 (629), Sch 1[1]. |
Sec 9.8 | Rep 2022 (629), Sch 1[1]. |
Sec 9.9 | Rep 2022 (629), Sch 1[1]. |
Part 9.4 | Rep 2022 (629), Sch 1[1]. |
Sec 9.10 | Rep 2022 (629), Sch 1[1]. |
Sec 9.11 | Rep 2022 (629), Sch 1[1]. |
Chapter 10 | Rep 2022 (629), Sch 1[1]. |
Part 10.1 | Rep 2022 (629), Sch 1[1]. |
Sec 10.1 | Rep 2022 (629), Sch 1[1]. |
Sec 10.2 | Rep 2022 (629), Sch 1[1]. |
Sec 10.3 | Rep 2022 (629), Sch 1[1]. |
Sec 10.4 | Rep 2022 (629), Sch 1[1]. |
Sec 10.5 | Rep 2022 (629), Sch 1[1]. |
Sec 10.6 | Rep 2022 (629), Sch 1[1]. |
Sec 10.7 | Rep 2022 (629), Sch 1[1]. |
Sec 10.8 | Rep 2022 (629), Sch 1[1]. |
Part 10.2 | Rep 2022 (629), Sch 1[1]. |
Sec 10.9 | Rep 2022 (629), Sch 1[1]. |
Sec 10.10 | Rep 2022 (629), Sch 1[1]. |
Sec 10.11 | Rep 2022 (629), Sch 1[1]. |
Sec 10.12 | Rep 2022 (629), Sch 1[1]. |
Part 10.3 | Rep 2022 (629), Sch 1[1]. |
Part 10.3, Div 1 | Rep 2022 (629), Sch 1[1]. |
Sec 10.13 | Rep 2022 (629), Sch 1[1]. |
Sec 10.14 | Rep 2022 (629), Sch 1[1]. |
Sec 10.15 | Rep 2022 (629), Sch 1[1]. |
Sec 10.16 | Rep 2022 (629), Sch 1[1]. |
Sec 10.17 | Rep 2022 (629), Sch 1[1]. |
Part 10.3, Div 2 | Rep 2022 (629), Sch 1[1]. |
Sec 10.18 | Rep 2022 (629), Sch 1[1]. |
Sec 10.19 | Rep 2022 (629), Sch 1[1]. |
Sec 10.20 | Rep 2022 (629), Sch 1[1]. |
Sec 10.21 | Rep 2022 (629), Sch 1[1]. |
Sec 10.22 | Rep 2022 (629), Sch 1[1]. |
Sec 10.23 | Rep 2022 (629), Sch 1[1]. |
Sec 10.24 | Rep 2022 (629), Sch 1[1]. |
Sec 10.25 | Rep 2022 (629), Sch 1[1]. |
Sec 10.26 | Rep 2022 (629), Sch 1[1]. |
Sec 10.27 | Rep 2022 (629), Sch 1[1]. |
Part 10.3, Div 3 | Rep 2022 (629), Sch 1[1]. |
Sec 10.28 | Rep 2022 (629), Sch 1[1]. |
Part 10.3, Div 4 | Rep 2022 (629), Sch 1[1]. |
Sec 10.29 | Rep 2022 (629), Sch 1[1]. |
Sec 10.30 | Rep 2022 (629), Sch 1[1]. |
Sec 10.31 | Rep 2022 (629), Sch 1[1]. |
Sec 10.32 | Rep 2022 (629), Sch 1[1]. |
Sec 10.33 | Rep 2022 (629), Sch 1[1]. |
Sec 10.34 | Rep 2022 (629), Sch 1[1]. |
Sec 10.35 | Rep 2022 (629), Sch 1[1]. |
Part 10.3, Div 5 | Rep 2022 (629), Sch 1[1]. |
Sec 10.36 | Rep 2022 (629), Sch 1[1]. |
Sec 10.37 | Rep 2022 (629), Sch 1[1]. |
Part 10.4 | Rep 2022 (629), Sch 1[1]. |
Part 10.4, Div 1 | Rep 2022 (629), Sch 1[1]. |
Sec 10.38 | Rep 2022 (629), Sch 1[1]. |
Sec 10.39 | Rep 2022 (629), Sch 1[1]. |
Part 10.4, Div 2 | Rep 2022 (629), Sch 1[1]. |
Sec 10.40 | Rep 2022 (629), Sch 1[1]. |
Sec 10.41 | Rep 2022 (629), Sch 1[1]. |
Sec 10.42 | Rep 2022 (629), Sch 1[1]. |
Sec 10.43 | Rep 2022 (629), Sch 1[1]. |
Sec 10.44 | Rep 2022 (629), Sch 1[1]. |
Sec 10.45 | Rep 2022 (629), Sch 1[1]. |
Sec 10.46 | Rep 2022 (629), Sch 1[1]. |
Sec 10.47 | Rep 2022 (629), Sch 1[1]. |
Sec 10.48 | Rep 2022 (629), Sch 1[1]. |
Sec 10.49 | Rep 2022 (629), Sch 1[1]. |
Part 10.5 | Rep 2022 (629), Sch 1[1]. |
Part 10.5, Div 1 | Rep 2022 (629), Sch 1[1]. |
Sec 10.50 | Rep 2022 (629), Sch 1[1]. |
Sec 10.51 | Rep 2022 (629), Sch 1[1]. |
Part 10.5, Div 2 | Rep 2022 (629), Sch 1[1]. |
Sec 10.52 | Rep 2022 (629), Sch 1[1]. |
Sec 10.53 | Rep 2022 (629), Sch 1[1]. |
Part 10.5, Div 3 | Rep 2022 (629), Sch 1[1]. |
Sec 10.54 | Rep 2022 (629), Sch 1[1]. |
Sec 10.55 | Rep 2022 (629), Sch 1[1]. |
Part 10.5, Div 3A | Rep 2022 (629), Sch 1[1]. |
Sec 10.56 | Rep 2022 (629), Sch 1[1]. |
Sec 10.57 | Rep 2022 (629), Sch 1[1]. |
Sec 10.58 | Rep 2022 (629), Sch 1[1]. |
Part 10.5, Div 4 | Rep 2022 (629), Sch 1[1]. |
Sec 10.59 | Rep 2022 (629), Sch 1[1]. |
Sec 10.60 | Rep 2022 (629), Sch 1[1]. |
Part 10.6 | Rep 2022 (629), Sch 1[1]. |
Sec 10.61 | Rep 2022 (629), Sch 1[1]. |
Sec 10.62 | Rep 2022 (629), Sch 1[1]. |
Sec 10.63 | Rep 2022 (629), Sch 1[1]. |
Part 10.7 | Rep 2022 (629), Sch 1[1]. |
Sec 10.64 | Rep 2022 (629), Sch 1[1]. |
Sec 10.65 | Rep 2022 (629), Sch 1[1]. |
Sec 10.66 | Rep 2022 (629), Sch 1[1]. |
Chapter 11 | Rep 2022 (629), Sch 1[1]. |
Part 11.1 | Rep 2022 (629), Sch 1[1]. |
Sec 11.1 | Rep 2022 (629), Sch 1[1]. |
Sec 11.2 | Rep 2022 (629), Sch 1[1]. |
Sec 11.3 | Rep 2022 (629), Sch 1[1]. |
Sec 11.4 | Rep 2022 (629), Sch 1[1]. |
Part 11.2 | Rep 2022 (629), Sch 1[1]. |
Sec 11.5 | Rep 2022 (629), Sch 1[1]. |
Sec 11.6 | Rep 2022 (629), Sch 1[1]. |
Sec 11.7 | Rep 2022 (629), Sch 1[1]. |
Part 11.3 | Rep 2022 (629), Sch 1[1]. |
Sec 11.8 | Am 2022 (248), Sch 2[1]. Rep 2022 (629), Sch 1[1]. |
Chapter 12 | Rep 2022 (629), Sch 1[1]. |
Part 12.1 | Rep 2022 (629), Sch 1[1]. |
Sec 12.1 | Rep 2022 (629), Sch 1[1]. |
Sec 12.2 | Rep 2022 (629), Sch 1[1]. |
Sec 12.3 | Rep 2022 (629), Sch 1[1]. |
Sec 12.4 | Rep 2022 (629), Sch 1[1]. |
Sec 12.5 | Rep 2022 (629), Sch 1[1]. |
Sec 12.6 | Rep 2022 (629), Sch 1[1]. |
Sec 12.7 | Rep 2022 (629), Sch 1[1]. |
Part 12.2 | Rep 2022 (629), Sch 1[1]. |
Sec 12.8 | Rep 2022 (629), Sch 1[1]. |
Sec 12.9 | Rep 2022 (629), Sch 1[1]. |
Sec 12.10 | Rep 2022 (629), Sch 1[1]. |
Chapter 13 | Ins 2022 (461), Sch 1[2]. |
Part 13.1 | Ins 2022 (461), Sch 1[2]. |
Sec 13.1 | Ins 2022 (461), Sch 1[2]. |
Sec 13.2 | Ins 2022 (461), Sch 1[2]. |
Sec 13.3 | Ins 2022 (461), Sch 1[2]. |
Sec 13.4 | Ins 2022 (461), Sch 1[2]. |
Sec 13.5 | Ins 2022 (461), Sch 1[2]. |
Part 13.2 | Ins 2022 (461), Sch 1[2]. |
Sec 13.5 | Am 2024 (233), Sch 1. |
Sec 13.6 | Ins 2022 (461), Sch 1[2]. |
Part 13.3 | Ins 2022 (461), Sch 1[2]. |
Sec 13.7 | Ins 2022 (461), Sch 1[2]. |
Sec 13.8 | Ins 2022 (461), Sch 1[2]. |
Sec 13.9 | Ins 2022 (461), Sch 1[2]. |
Sec 13.10 | Ins 2022 (461), Sch 1[2]. |
Part 13.4 | Ins 2022 (461), Sch 1[2]. |
Sec 13.10 | Am 2022 (767), Sch 1[2]. |
Sec 13.11 | Ins 2022 (461), Sch 1[2]. |
Sec 13.12 | Ins 2022 (461), Sch 1[2]. |
Sec 13.13 | Ins 2022 (461), Sch 1[2]. |
Sec 13.14 | Ins 2022 (461), Sch 1[2]. |
Part 13.5 | Ins 2022 (461), Sch 1[2]. |
Sec 13.15 | Ins 2022 (461), Sch 1[2]. |
Sec 13.16 | Ins 2022 (461), Sch 1[2]. |
Part 13.5A | Ins 2022 (767), Sch 1[3]. |
Part 13.5A, Div 1 | Ins 2022 (767), Sch 1[3]. |
Sec 13.16A | Ins 2022 (767), Sch 1[3]. |
Sec 13.16B | Ins 2022 (767), Sch 1[3]. |
Part 13.5A, Div 2 | Ins 2022 (767), Sch 1[3]. |
Sec 13.16C | Ins 2022 (767), Sch 1[3]. |
Sec 13.16D | Ins 2022 (767), Sch 1[3]. |
Part 13.5A, Div 3 | Ins 2022 (767), Sch 1[3]. |
Sec 13.16E | Ins 2022 (767), Sch 1[3]. |
Part 13.6 | Ins 2022 (461), Sch 1[2]. |
Sec 13.17 | Ins 2022 (461), Sch 1[2]. |
Sec 13.18 | Ins 2022 (461), Sch 1[2]. |
Sec 13.19 | Ins 2022 (461), Sch 1[2]. Am 2022 (767), Sch 1[4]; 2023 (120), Sch 1. |
Sch 1, heading | Am 2022 (248), Sch 2[2]. |
Sch 2, heading | Am 2022 (248), Sch 2[3]; 2024 (42), Sch 1.38[17]. |
Sch 2 | Am 2024 (42), Sch 1.38[18]. |
Sch 3, heading | Am 2022 (248), Sch 2[5]. |
Sch 5 | Subst 2022 (629), Sch 1[2]. |
Sch 6, heading | Am 2022 (248), Sch 2[6]. Subst 2022 (629), Sch 1[2]. |
Sch 6 | Subst 2022 (629), Sch 1[2]. Am 2023 (458), Sch 3.1[2]. |
Sch 7, heading | 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, heading | Subst 2022 (248), Sch 2[8]. Rep 2022 (629), Sch 1[2]. |
Sch 9 | Rep 2022 (629), Sch 1[2]. |
Sch 10, heading | Am 2022 (248), Sch 2[9]. Rep 2022 (629), Sch 1[2]. |
Sch 10 | Rep 2022 (629), Sch 1[2]. |
Sch 11, heading | 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. |
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