Sydney Regional Environmental Plan No 23—Sydney and Middle Harbours (NSW)
This plan may be cited as Sydney Regional Environmental Plan No 23—Sydney and Middle Harbours.
The general aims of this plan are:
(a) to establish a framework which encourages a consistent and co-ordinated approach to the planning, development and management of the waterway, islands and foreshores of Sydney and Middle Harbours, and
(b) to establish an efficient and effective development control system for the Harbours and their foreshores and islands, and
(c) to ensure that the Harbours and their foreshores and islands are developed and promoted as a community asset, with due recognition being given to their role as a recreation and tourist focal point, and
(d) to ensure that the special value of certain foreshore areas as access points to the waterway are fully considered in future planning and development control, and
(e) to recognise, protect and enhance the natural, scenic, environmental, cultural and heritage qualities of the land to which this plan applies in future planning and development control, and
(f) to ensure that appropriate facilities are provided for water based and foreshore recreational activities which are compatible with the commercial role of the Port of Sydney and give due regard to environmental and cultural attributes, and
(g) to encourage balanced multiple use of the Harbours and their foreshores and islands, in a manner that is consistent with their environmental and cultural attributes and the commercial functions of the Port of Sydney, and
(h) to ensure that consistent guidelines are applied to the assessment of development of the Harbours and their foreshores and islands, and
(i) to encourage an appreciation of the Harbours and their foreshores and islands as areas of outstanding heritage significance and, in particular, the significance of individual heritage items within those areas, and
(j) to encourage an appreciation of the remaining natural foreshores around the Harbours.
The specific aims of this plan are:
(a) in relation to commercial, governmental and administrative uses and activities:
(i) to maintain the role of the Port of Sydney in a manner that is consistent with the environmental and cultural attributes of the land to which this plan applies, and
(ii) to establish an appropriate balance between commercial, governmental and administrative activities and recreational activities, and
(b) in relation to administration and management:
(i) to ensure that a consistent and co-ordinated development approval process applies to all development proposals whether they be above or below mean high water mark or span mean high water mark, and
(ii) to ensure that for any development proposal there is only one consent authority, and
(iii) to ensure that all consent authorities apply consistent criteria when considering development applications, and
(iv) to establish clear and consistent guidelines on the use and development of the Harbours and their foreshores, and
(c) in relation to open space and recreation:
(i) to recognise the fundamental role that existing foreshore open space areas have in providing access to the waterway and in accommodating water based recreational activities, and
(ii) to give priority to recreational activities which require or are enhanced by a foreshore location, and
(iii) to improve access to the waterway and from the waterway to foreshore parks, and
(iv) to encourage in appropriate circumstances the provision of additional foreshore open space, and
(d) in relation to boating facilities:
(i) to recognise the value of the Harbours as an outstanding location for recreational, tourism and sports boating activities, and
(ii) to recognise the importance of having appropriate facilities for the storage, launching and maintenance of commercial, recreational and other vessels, and
(iii) to make appropriate provision for the establishment of new boating facilities in a manner that is consistent with the environmental and cultural attributes of the land to which this plan applies, and
(e) in relation to the natural environment:
(i) to protect flora and fauna habitats, including wetland areas, in a manner that is consistent with their conservation value, while also recognising the validity of other uses of the foreshores and the waterway, and
(ii) to improve and maintain the water quality of the Harbours and to provide a healthy habitat for marine and bird life and for water based recreational pursuits, and
(iii) to more carefully identify the biological resources of the inter-tidal and sub-tidal zones, and
(iv) to preserve known areas of biological conservation value in the inter-tidal and sub-tidal zones, and
(f) in relation to the visual environment:
(i) to protect and enhance the landscape and special scenic qualities of the Harbours, and
(ii) to ensure that adequate consideration is given to the visual impact of development, and
(iii) to preserve the natural foreshores of the Harbours and to ensure development does not detract from their natural character, and
(g) in relation to the environmental heritage:
(i) to conserve and enhance the environmental heritage of the Harbours and their foreshores and islands, including their underwater archaeological resources, and
(ii) to encourage an appreciation of the role of the Harbours in the history of both Aboriginal and European settlement.
This plan applies to such part of the land declared to be the Sydney Region by the Minister for Planning by order published in Gazette No 38 of 7 April 1989 on page 1841, as is shown edged heavy black on the map.
In addition, Part 4 of this plan extends to any land upon which there is a heritage item (within the meaning of that Part) even if the land is not identified in subclause (1).
In the event of an inconsistency between this plan and any other environmental planning instrument (other than a State environmental planning policy), whether made before, on or after the date on which this plan takes effect and which applies to the land to which this plan applies, this plan shall, to the extent of the inconsistency, prevail.
Clause 7 (3) of State Environmental Planning Policy No 4—Development Without Consent does not apply to a building on land having a frontage to the waterway.
Clause 73 of North Sydney Local Environmental Plan 1989 has effect despite the provisions of Part 4 of this Plan.
In this plan:
(a) the destruction or removal of plants declared noxious by proclamation pursuant to section 467 of the Local Government Act 1919, by means not likely to be significantly detrimental to the native ecosystem, or
(b) the incidental destruction or removal of native plants lying adjacent to any such noxious plants.
(a) a boat storage facility, or
(b) some other permanent boat storage structure,
located on the waterway which contains 30 or more berths (or other storage facilities) and associated support facilities and which may include shops, restaurants, offices and a manager’s residence on an adjoining area of land or the waterway.
(a) shops attached to or incorporated within the building or located at the place, and
(b) other facilities servicing the needs of tourists and holidaymakers using the building or place,
but does not include a caravan park.
In this plan:
(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(b) a reference to land within a zone specified in the Table to clause 10 is a reference to land shown on the Map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.
Nothing in this plan is to be construed as restricting, prohibiting or requiring development consent to be obtained for, or enabling the consent authority to restrict or prohibit or require development consent to be obtained for, the carrying out of development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980.
For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act in relation to development carried out in accordance with this plan (as so in force), section 33 of the Sydney Harbour Trust Act 1900, to the extent necessary to serve that purpose, shall not apply to the development.
Nothing in this clause excludes the application of section 33 of the Sydney Harbour Trust Act 1900 otherwise than in respect of the obtaining of development consent in accordance with this plan.
Pursuant to section 28 of the Act, before the making of this clause:
(a) the Minister for the time being administering the provisions of the Sydney Harbour Trust Act 1900 referred to in subclause (1) concurred in writing in the recommendation for the approval of the Governor of subclause (1), and
(b) the Governor approved of subclause (1).
The functions of the Committee are:
(a) to advise a consent authority on matters relevant to any decision required to be made by the consent authority under this plan and under the Act, and
(b) to exercise any other functions conferred on it by this plan.
The consent authority for land based development or land/water interface development is the council of the local government area in which or nearest to which the land on which it is proposed to carry out the development is situated, except as provided by subclauses (2) and (3).
The consent authority for any such development is the Minister or the Director of Planning in a case in which:
(a) the land on which it is proposed to carry out the development is within a local government area, and
(b) another environmental planning instrument specifies the Minister or the Director as the consent authority for the same kind of development if it were proposed to be carried out on that land.
The consent authority for any such development is also the Minister or the Director of Planning in a case (such as may occur when land/water interface development is proposed to be carried out wholly or partly in the waterway) in which:
(a) the land on which it is proposed to carry out the development is not within a local government area, and
(b) another environmental planning instrument specifies the Minister or the Director as the consent authority for the same kind of development if it were proposed to be carried out on the nearest land that is within a local government area.
The consent authority for water based development proposed to be carried out on any land to which this plan applies is the Board.
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the Map in the manner specified hereunder in relation to that zone:
• Zone No W1—General Waterways—edged heavy black and lettered “General Waterways” on the Map.
• Zone No W3—Environmental Protection—edged heavy black and hatched on the Map.
• Zone No W4—Naval Waters—edged heavy black and lettered “Naval” on the Map.
• Zone No W5—Aviation—edged heavy black and lettered “Aviation” on the Map.
• Zone No 8 (a)—National Parks—edged heavy black and lettered “National Parks” on the Map.
A boundary or part of a boundary of a zone shown on the Map as following the water’s edge is taken to follow the mean high water mark.
The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.
Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:
(a) development may be carried out without development consent, and
(b) development may be carried out only with development consent, and
(c) development is prohibited,
are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
Except as otherwise provided by this plan, the consent authority shall not grant consent to an application to carry out development on land to which this plan applies unless it is of the opinion that the carrying out of the development is generally consistent with the aims and objectives of this plan and of the zone within which the development is proposed to be carried out.
The objective of this zone is to permit waterway activities and facilities and land/water interface development which:
(a) maintains or enhances important, natural and visual attributes of the Harbours, and
(b) is compatible with the existing or planned future character of the waterway and adjoining foreshores.
Aids to navigation; maintenance dredging; single moorings (other than single moorings that form part of a marina or large marina).
Any purpose other than a purpose included in item 2 or 4.
Large marinas.
The objectives of this zone are:
(a) to identify and protect areas of the waterway having significant natural or cultural conservation value, and
(b) to permit waterway activities and facilities while ensuring that development does not adversely impact on any significant natural or cultural conservation value of adjoining land.
Aids to navigation; flora and fauna enclosures.
Any purpose other than a purpose included in item 2 or 4.
Aviation facilities; boat lifts; boat sheds; boating industry facilities; charter and tourism boating facilities; commercial port facilities; houseboats; marinas and large marinas; reclamation; swimming pools; water based restaurants and entertainment facilities.
The objectives of this zone are:
(a) to identify the areas of the waterway required for naval activities, and
(b) to ensure that other activities and facilities are compatible with naval uses.
Aids to navigation; maintenance dredging; uses or activities conducted by the Royal Australian Navy.
Any purpose other than a purpose included in item 2 or 4.
Any use or activity prohibited under the Control of Naval Waters Act 1918 of the Commonwealth; large marinas.
The objectives of this zone are:
(a) to identify the area of the waterway used for marine aviation activities, and
(b) to ensure that aviation activities safely co-exist with other activities and facilities.
Aids to navigation; maintenance dredging; single moorings (other than single moorings that form part of a marina or large marina).
Any purpose other than a purpose included in item 2 or 4.
Large marinas.
The objectives of this zone are:
(a) to identify land reserved or dedicated under the National Parks and Wildlife Act 1974 as national parks, nature reserves, historic sites, state recreation areas, Aboriginal places and State game reserves, and
(b) to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974, and
(c) to encourage visits to Clark Island, Fort Denison, Goat Island and Shark Island consistent with their natural attributes, cultural heritage and the facilities available, and
(d) to facilitate development on those islands compatible with the overall management strategy for the Sydney Harbour National Park.
Aids to navigation; anything authorised by the National Parks and Wildlife Act 1974.
Nil.
Any purpose other than a purpose included in item 2.
The consent authority shall not grant consent to development listed in Schedule 4, unless it has referred the development application to the Committee.
In the case of an application to carry out development part of which is listed in Schedule 4 and part of which is not so listed, the consent authority is only required to refer to the Committee that part of the application relating to the development listed in Schedule 4.
Where a development application has been referred to the Committee under this clause, the consent authority shall not determine the application until after:
(a) it has received a representation with respect to the application from the Committee, or
(b) a period of:
(i) in the case of development other than development referred to in subparagraph (ii)—30 days, or
(ii) in the case of designated development or development for which the concurrence of the Minister or a public authority is required—50 days, has elapsed from the date on which the application was forwarded to the Committee,
whichever occurs first.
In preparing a draft local environmental plan or a development control plan applying to land having frontage to the waterway, a council may, prior to the public exhibition of the draft plan, refer a copy of it to the Committee.
The Director should refer a copy of any proposed development control plan for land to which this plan applies prepared by the Director to the Committee before it is adopted.
If the Department or any other government organisation prepares any guidelines for development control affecting land having frontage to the waterway (whether or not the guidelines are in the form of a plan of management), the Department shall, and the government organisation should refer a copy of the guidelines to the Committee before they are adopted.
A council and the Department shall, and a government organisation concerned should have regard to any submission received from the Committee within 30 days after the date on which the draft plan, development control plan or guidelines were forwarded to the Committee.
In the preparation of any plan of management for land reserved or dedicated under the National Parks and Wildlife Act 1974, comprising land having frontage to the waterway, the Director of National Parks and Wildlife may refer the plan to the Committee.
The Director of National Parks and Wildlife should have regard to any submission received from the Committee within 30 days after the date on which the plan was forwarded to the Committee.
(Repealed)
A council may prepare a plan of management in respect of any land within the council’s area, whether or not in conjunction with the Board.
The Board may prepare a plan of management in respect of any part of the waterway under its control, whether or not in conjunction with one or more councils.
The format, structure and procedures for the preparation, public exhibition, approval, amendment and repeal of a plan of management shall be in accordance with Part 3 of the Environmental Planning and Assessment Regulation 1980 which shall be read as if:
(a) a reference to a development control plan were a reference to a plan of management,
(b) a reference to a local environmental plan were a reference to this plan, and
(c) a reference to the council were a reference to the council (if the plan relates to land within the council’s area) or to the Board (if the plan relates to part of the waterway) or to both of them to the extent that they may agree to exercise or perform any function jointly.
A plan of management may, in respect of land to which it applies:
(a) specify the types of recreational purposes for which the land may be used, and
(b) specify the siting of all buildings or structures on, and landscaping details in respect, of the land.
Before a plan of management is adopted and is made available for public inspection pursuant to subclause (6), a copy of it is to be referred to the Committee by the council or the Board and any representations made by the Committee in respect of the plan are to be considered.
A plan of management adopted in accordance with this clause is to be available for public inspection, without charge, at the offices of the relevant council or the Board (or, in the case of a joint plan, of the relevant council and the Board) during ordinary office hours.
This clause applies to the following development:
(a) development listed in Schedule 4, and
(b) development that requires the provision of services (including water, sewerage or stormwater systems).
Before carrying out any development to which this clause applies which does not require development consent, the person, whether or not a public authority, carrying out the development must:
(a) give notice of the proposed development:
* in the case of development listed in Schedule 4, to the Committee, or
* in the case of development that requires the provision of services, to the public authority responsible for providing the service concerned, and
(b) consider any matters concerning the development raised by those bodies which have been notified to the person not later than 30 days after the giving of such notice.
A council when preparing a draft local environmental plan relating to land with a frontage to the waterway and which will result in a substantial change or intensification of land use shall consider the need for and the desirability of providing for additional public access to the foreshore.
Development for the purpose of anything authorised by the National Parks and Wildlife Act 1974 may be carried out without consent in the waterway adjoining a national park where the development spans mean high water mark and is part of development or an activity being carried out in the national park.
A consent authority must not consent to the carrying out of development, and a public authority or other person must not carry out any development which does not require development consent, in any part of the waterway which, in the opinion of the consent authority, is likely to affect a national park unless it has given notice of the proposed development to the Director-General of National Parks and Wildlife and considered any comments of the Director-General on the proposal received within 30 days of the day on which notice of the proposal was given.
Notwithstanding any other provision of this plan, a consent authority may grant consent to the development of land which is within 20 metres of the boundary of Zone No W3 and another zone for a purpose for which development may be carried out in either Zone No W3 or the adjoining zone.
A consent authority must not consent to the carrying out of development unless it is satisfied that the proposed development is consistent with development of the land to which this plan applies in accordance with the objectives of this plan, and it has considered such of the following matters as are of relevance to the development:
(a) the appearance of the development from the waterway and the foreshores,
(b) whether the development will cause pollution or siltation of the waterway to an extent that would jeopardise any existing or potential uses of the waterway,
(c) whether the development will have an adverse effect on wetlands or flora and fauna habitats,
(d) the noise likely to be generated by the development and any adverse effect that any such noise would have on existing uses of the waterway or nearby land,
(e) whether the development will have an adverse effect on drainage patterns or cause shoreline erosion,
(f) whether the development will cause excessive congestion of, or generate conflicts between, people using the waterway or the waterfront,
(g) the demand for storage space for boats on the Harbours or on Parramatta River,
(h) whether the development warrants a foreshore location,
(i) whether the development will have an adverse effect on the views to and from the waterway as a result of the size of vessels capable of being accommodated within the development,
(j) the effect of the development on any conservation area or on any building, work, relic, tree or place that is a heritage item of significance to the locality and the effect on its site and in its vicinity,
(k) (Repealed)
(l) the Australian Standard—AS 3962-1991—Guidelines for design of marinas,
(m) (Repealed)
(n) any other relevant plan of management, urban design or other development control guidelines that apply to Sydney and Middle Harbours and their foreshores and which have been notified and provided to the consent authority by a public authority,
(o) any representations of the Committee,
(p) whether the development will affect swimming in the locality,
(q) the provision of pedestrian access in the locality of the development and the impact of the development on existing pedestrian access,
(r) the importance of giving priority to onshore access to the foreshores and waterway rather than access by means of boardwalks,
(s) any development control plan prepared in respect of this plan or, until such a plan has been prepared, the Sydney and Middle Harbours—Design and Management Guidelines a copy of which is available at the Head Office of the Department.
Nothing in this plan prohibits or requires development consent to be obtained for the carrying out of development by the National Parks and Wildlife Service on land dedicated or reserved under the National Parks and Wildlife Act 1974 as a national park.
Any development application lodged before the commencement of this plan but not determined before its commencement, is to be determined as if the plan had not been made.
This plan does not apply:
(a) to an activity within the meaning of Part 5 of the Act in respect of which an application for approval made to a determining authority within the meaning of that Part has been made, but not determined, immediately before the commencement of this plan, or
(b) to an activity within the meaning of that Part which was approved by a determining authority within the meaning of that Part before the commencement of this plan and which commences pursuant to that approval not later than 3 years after the commencement of this plan.
In this Part:
(a) make structural changes to the outside of the building, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the building, other than non-structural changes due to the maintenance of the existing detail, fabric, finish or appearance of the outside of the building.
(a) columns, fin walls, shade devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts,
(c) car-parking needed to meet the requirements of the consent authority and any internal access to that car-parking,
(d) space for the loading and unloading of goods,
(e) internal public arcades and thoroughfares, terraces and balconies with outer walls less than 1 400 millimetres high.
(a) the use or settlement of the land to which this plan applies, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of the land to which this plan applies commencing before and continuing after its occupation by persons of European extraction, including human remains.
A person shall not, in respect of a building, work, relic, tree or place that is a heritage item:
(a) demolish or alter the building or work,
(b) damage or move the relic,
(c) excavate for the purpose of exposing the relic,
(d) damage or despoil the place or tree,
(e) erect a building on, or subdivide, land on which the building, work or relic is situated or land which comprises the place, or
(f) damage any tree on land on which the building, work or relic is situated or which comprises the place,
except with the consent of the consent authority.
The consent authority must not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.
The consent authority may decline to grant consent to a development application required by this clause until it has considered a conservation plan that will enable it to consider fully the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.
This clause does not apply to land reserved as a national park under the National Parks and Wildlife Act 1974.
The consent authority must not grant consent to an application to carry out development on land in the vicinity of a heritage item or land on which there is a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.
The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development which consists of or includes the demolition of a heritage item in the same way as those provisions apply to and in respect of designated development.
Before granting consent to an application for consent to carry out development which includes the demolition of a heritage item, the consent authority must seek the views of the Heritage Council of New South Wales on the proposed development and consider any comments of the Heritage Council received within 30 days of the day on which notice of the proposed development was given to the Heritage Council.
A public authority or any other person must not carry out development which does not require development consent and which is likely to affect significantly a heritage item unless it has sought the views of the Heritage Council on the proposed development and considered any comments of the Heritage Council notified to the public authority or person within 30 days of the day on which notice of the proposed development was given to the Heritage Council.
Nothing in this plan or in any other environmental planning instrument prevents the consent authority from granting consent to the use, for any purpose, of a building, work or structure that is a heritage item or the land on which the building, work or structure is erected if it is satisfied that:
(a) the proposed use would have little or no adverse effect on the amenity of land in the vicinity of the item, and
(b) the conservation of the building, work or structure would be assisted by the consent authority’s granting consent.
When considering an application for consent to erect a building on land on which a building, work or structure which is a heritage item is situated, the consent authority may:
(a) for the purpose of determining the floor space ratio, and
(b) for the purpose of determining the number of parking spaces to be provided on the site,
exclude from its calculation of the gross floor area of the buildings erected on the land the floor area of the heritage item, but only if the consent authority is satisfied that the conservation of the building, work or structure depends upon the consent authority’s making that exclusion.
Where a consent authority has received an application for consent to carry out development on the site of a heritage item, the consent authority shall not grant consent to the application unless:
(a) it has assessed whether the item or its site has any potential archaeological significance and considered the likely impact of the proposed development on any potential archaeological significance of the item or its site,
(b) in the case of a site of European heritage significance, any necessary excavation permit under the Heritage Act 1977 has been granted, and
(c) in the case of a site of an Aboriginal place as defined in the National Parks and Wildlife Act 1974 or a relic (within the meaning of this Part) relating to Aboriginal habitation, the Director-General of National Parks and Wildlife has been notified of the proposal and any comments which have been received within 28 days of such notification have been considered.
Nothing in this clause affects any obligation to obtain a permit or consent under Part 6 of the National Parks and Wildlife Act 1974.
(Clause 5, definition of “land based development”)
The following categories of development are land based development for the purposes of this plan, except where the development forms part of a category of development listed in Schedule 2 or 3:
(a) boat sheds,
(b) reclamation,
(c) sea walls,
(d) swimming pools,
(e) waterfront access stairs.
(Clause 5, definition of “land/water interface development”)
The following categories of development are land/water interface development for the purposes of this plan. When any of the following categories of development include as part of that development a category of development listed in Schedule 1 or 3 then that part is also to be taken to be listed in this Schedule:
(a) boating industry facilities,
(b) boat launching ramps,
(b1) boardwalks,
(c) large marinas,
(d) marinas,
(e) public water transport facilities,
(f) water based restaurants and entertainment facilities,
(g) water recreational facilities,
(h) development for the purposes of any of the following, when carried out wholly or partly in the waterway:
(i) dwellings of any type (including serviced apartments),
(ii) commercial premises,
(iii) tourist facilities,
(iv) shops and retailing,
(v) restaurants,
(vi) recreation facilities,
(vii) car-parking.
(Clause 5, definition of “water based development”)
The following categories of development are water based development for the purposes of this plan, except where the development forms part of a category of development listed in Schedule 2:
(a) aids to navigation,
(b) aviation facilities,
(c) boat lifts,
(d) charter and tourism boating facilities,
(e) commercial port facilities,
(f) dredging,
(g) flora and fauna enclosures,
(h) houseboats,
(i) maintenance dredging,
(j) multiple moorings,
(k) single moorings,
(l) skids,
(m) slipways,
(n) swimming enclosures,
(o) wharves, jetties, pontoons.
(p), (q) (Repealed)
(Clauses 11 (1); 13B (1))
Development for the purpose of the following:
(a) aviation facilities,
(b) boardwalks,
(c) boating industry facilities,
(d) boat launching ramps,
(e) boat lifts,
(f) boatsheds,
(g) charter and tourism boating facilities,
(h) commercial port facilities,
(i) dredging,
(j) flora and fauna enclosures,
(k) houseboats,
(l) large marinas,
(m) marinas,
(n) multiple moorings,
(o) public water transport facilities,
(p) reclamation,
(q) sea walls,
(r) skids,
(s) swimming enclosures,
(t) water based restaurants and entertainment facilities,
(u) water recreational facilities,
(v) wharves, jetties, pontoons,
(w) a commercial, residential or retail use of land carried out below or partly below mean high water mark,
but not including any alterations or additions to any existing buildings or works which, in the opinion of the consent authority, are minor and do not, to any significant extent, change the scale, size or degree of the existing development.
(Clause 21)
Ferry wharves—Alfred Street, Circular Quay
Man O’War Steps—Farm Cove Crescent
The Andrew Charlton Pool—Mrs. Macquarie’s Road
Site of Robinson’s Baths—Mrs. Macquarie’s Road
Woolloomooloo Deep Sea Wharves Nos 6, 7, 8, 9 and 11 and Cargo Sheds at Cowper Wharf Road and Lincoln Crescent, Woolloomooloo, and the land and the waterway between Wharf 11 and the other Wharves
Remains of Roseville Baths—99 Babbage Road, Roseville
Remains of Old Roseville Bridge—Babbage Road, Roseville
Site of Echo Point Farm—Echo Point Park, Babbage Road, Roseville
Greenwich Baths—Albert Street, Greenwich
Remains of Greenwich Point Wharf—21 George Street, Greenwich
Electricity tunnel—foreshore Manns Street, Greenwich
Boat sheds and slips—O’Connell and Albert Streets, Greenwich
Thames Street Wharf/Jetty—Thames Street, Balmain
Waterview workshops—37 Nicholson Street, Balmain
Remains of Morts Dock—foreshore of park, Balmain
Site and remains of ferry wharf—Yeend Street, Balmain
Urban Transit Authority Ferry Maintenance Depot—Alexander and Waterview Streets, Balmain
Site of Rowntree’s Floating Dock—Hart Street and The Avenue, Balmain
Fenwick and Co. Tug Depot—2 to 8 Weston Street, Balmain
Stannard Bros. Launch Service Depot—19 Wharf Road, Balmain
Remains of Former Tasmanian Ferry Terminal—Yeend Street, Balmain
Tidal Pool—13 Simmons Street, Balmain
Brown Bros. Marina Pty Ltd—7 Alexander Street, Balmain
Site of Darling Street Wharf—Darling Street, Balmain (currently occupied by rebuilt wharves)
Site of the Jubilee Floating Dock—Datchett Street, Balmain
Manly Wharf—The Esplanade, Manly
Obelisk, North Head—North Head Scenic Drive, North Head
Remains of outer North Head searchlights—North Head Scenic Drive, North Head
Site of Manly Cargo Wharf—East Esplanade, Manly (now Manly Fun Pier)
Remains of tram terminus and wharf for tram punt—Avona Crescent, Seaforth
Remains of vehicular ferry ramp—Avona Crescent, Seaforth
Remains of former bridge—Avona Crescent, Seaforth
Grotto Point lighthouse and remains of former wharf—Grotto Point, Balgowlah
Middle Harbour submarine syphon—Holmes Avenue, Clontarf
Manly Rowing and Sailing Club—East Esplanade, Manly
Little Manly Cove Pool—Stuart Street, Manly
Fairlight Pool—Lauderdale Avenue, Fairlight
Site and remains of Brightside cargo wharf—Stuart Street, Manly
Site and remains of harbourside pool and steps—Stuart Street, Manly
Remains of former Manly Gasworks—Little Manly Point, Carey Street, Manly
Remains of Manly public baths—East Esplanade, Manly
The Explosives Wharf—Spit Road, Mosman
Remains of former “Grant Wharf”—The Spit, Mosman
Remains of old ferry wharf—Musgrave Street, Mosman
Mosman Bay sea wall—Mosman Bay, Mosman
Navigation Light Tower—Bradley’s Head
Wharf remains—Bradley’s Head Road, Mosman
Stone wharf—Bradley’s Head, Mosman
Clifton Gardens Wharf and Pool—Clifton Gardens
Rosherville Lighthouse—Parrawi Road, Mosman
Mosman Rowing Club—Mosman Bay, Mosman
Site of Mosman Ferry Wharf—Avenue Road, Mosman
Athol Gardens Dance Hall and Wharf remains—National Park, Bradley’s Head
Stone wharf—National Park, Bradley’s Head
Sandstone Pillar—National Park, Bradley’s Head
Remains of North Shore Gas Company Works—High Street, Kirribilli
Cremorne Point lighthouse—Cremorne Point
Former Quarantine Station Boat Depot—Balls Head Drive, Waverton
Stone wharf—off Ross Street, Wollstonecraft Bay, Wollstonecraft
Lavender Bay waterfront relics—foreshore of Lavender Bay from McMahons Point to Harbourview Crescent, Lavender Bay
“Sydney Harbour Queen”—moored west of Luna Park, Milsons Point
Site and remains of Cremorne copper smelter—off Green Street, Cremorne
Woodleys Slipways and shipyard—waterfront southern extremity of Balls Head Road, Waverton
Site and remains of Port Jackson and Manly Steamship Company depot—Kurraba Point Reserve, Kurraba Road, Neutral Bay
Site of Cavill’s Baths—foreshore of Lavender Bay
Site of Old Cremorne Wharf—near Green Street, Cremorne (new ferry wharf built on site)
Site of former Jeffrey Street Ferry Wharf—(now occupied by modern wharf)—Jeffrey Street, Kirribilli
Site and remains of sewerage farm—Primrose Park, Cliff Avenue, Cammeray
Coal loader—Balls Head Drive, Waverton
Ship building and repair works—Munro Street, McMahons Point
Boatshed wharfage and slipway—23a King George Street, McMahons Point
Site and remains of Eaton’s Sawmill—Sawmill’s Reserve, French Street, McMahons Point
Former Dorman Long wharf—Luna Park, Milsons Point (Crystal Palace built on wharf)
Remains former Neptune Engineering Slipway—off King George Street, Lavender Bay, McMahons Point
Group of slipways—12, 14 and 26 West Crescent Street, McMahons Point
Site and remains of Blues Point vehicular ferry dock—Blues Point Road, McMahons Point
Site and remains of Blues Point Ferry wharves—Blues Point Road and Henry Lawson Drive, McMahons Point
Remains of Sydney ferries lay-up wharf—McMahons Point
Neutral Bay Wharf Group—Hayes Street, Neutral Bay
Remains sea wall—former railway marshalling yards, Milsons Point
Sea wall—boundary of Luna Park, Milsons Point
Remains of Milsons Point ferry wharf and tram turning circle—Olympic Drive, Milsons Point
Site and remains of Cremorne coal mine shaft—foreshores in front of No 5 Bromley Avenue, Cremorne
Remains of original Cremorne Point wharf—near Kareela Road, Cremorne
Sydney Amateur Sailing Club—off Green Street, Cremorne
Remains of Ben Boyd Whaling Station—Ben Boyd Road, Neutral Bay
Former Holmes slipway—11a Henry Lawson Drive, Neutral Bay
Lavender Bay ferry wharf—Walker Street, Kirribilli
Paton’s slipways—Willoughby Street, Kirribilli
Careening Cove slipways—Bradley Avenue, Kirribilli
Site of McMahons Point ferry wharf—McMahons Point (now occupied by new wharf)
Site of Ithaca Road ferry wharf—Ithaca Road, Elizabeth Bay
Bantry Bay Public Powder Magazine—foreshores of Bantry Bay, Killarney Heights
Flat Rock Landing Place—Killarney Drive, Killarney Heights
Former Killarney Picnic Ground—partially Garigal National Park, partially Mosman Rowing Club, Killarney Drive, Killarney Heights
Site and remains of wharfage—Fig Tree Point, Hallstrom Close, Northbridge
Remains of H.C. Press picnic ground and public baths—Cammeray Road, Castle Cove
Willis Road wharf—Willis Road, Castle Cove
Sailors Bay boatshed—Clive Park, Northbridge
Former Horsley’s Boatshed and sea wall—217B Edinburgh Road (now a house)
Site and remains of early wharfage (now occupied by Castlecrag Marina)—Rockley Street, Castlecrag
Stone walls—297A Edinburgh Road, Castlecrag
Remains of Municipal Baths, structures and access steps—241 Edinburgh Road, Castlecrag
Stone walls, steps and baths—213 to 217B Edinburgh Road, Castlecrag
Ferry pier—Military Road, Watsons Bay
West Parsley Bay obelisk—65 Fitzwilliam Road, Vaucluse
East Parsley Bay obelisk—between properties 36A and 38 The Crescent, Vaucluse
Eastern channel leading light (front)—80 Wentworth Road, Vaucluse
Eastern channel leading light (rear)—12 Wentworth Road, Vaucluse
Remains of bath house and site of jetty—Darling Point Road, Darling Point
Pilot station—Marine Parade and Salisbury Street, Watsons Bay
Green Point obelisk—off Pacific Street, Watsons Bay
Site of former Rose Bay Flying Boat Base—Lyne Park, Rose Bay
Watsons Bay Pool—Marine Parade, Watsons Bay
Remains of old Watsons Bay Pool—Marine Parade and Salisbury Street, Watsons Bay
Gladswood House private jetty—11 Gladswood Gardens, Double Bay
Remains of Vaucluse Point ferry wharf—83 Fitzwilliam Street, Vaucluse
Remains of Western Rose Bay ferry wharf—New South Head Road, Rose Bay
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
Camp Cove tide gauge—Cliff Street, Camp Cove
Parsley Bay Suspension Bridge—Parsley Bay, Vaucluse
Vaucluse Baths—68 Wentworth Road, Vaucluse
Site of Public Baths—Lyne Park, Rose Bay
Parsley Bay Ferry Wharf—The Crescent, Vaucluse
Former Nielson Wharf remains—Steel Point, Vaucluse
Parsley Bay Suspension Bridge—Parsley Bay, Vaucluse
Shark Beach promenade and amenities—Nielson Park, Steel Point, Vaucluse
Hermit Bay Wharf, slipway and landing—Vaucluse Road, Vaucluse
Site of wharf—Wingadal Place, Point Piper
Site of Village Point Wharf—Wharf Road, Watsons Bay
Site of Public Wharf—Bay Street, Double Bay (now occupied by new wharf)
Shark Island, Sydney Harbour
Clark Island, Sydney Harbour
Fort Denison, Sydney Harbour
Goat Island, Sydney Harbour including:
— Former Harbour Master’s Residence
— Pathway from Magazine Precinct to Water Police Station Precinct
— Former Ordinance Magazine
— Former Laboratory (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
Navigation light tower—western channel (Georges Head), Sydney Harbour
Navigation light tower—eastern channel (Bottle and Glass Rocks), Sydney Harbour
Wreck of the “Itata” and wrecks of other unnamed vessels—Salt Pan Creek, Middle Harbour
Wreck of Maritime Services Board Hopper Barge—foreshore of Berrys Bay, Sydney Harbour
Navigation light tower—off Shark Island, Sydney Harbour
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