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State Environmental Planning Policy No 71—Coastal Protection

[2002-816]


Status Information

Currency of version
Repealed version for 22 February 2014 to 2 April 2018 (accessed 19 June 2018 at 01:14).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Repeal:
This Policy was repealed by cl 9 (c) of State Environmental Planning Policy (Coastal Management) 2018 (106) with effect from 3.4.2018.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987 .

File last modified 3 April 2018.

State Environmental Planning Policy No 71—Coastal Protection

[2002-816]


Contents

State Environmental Planning Policy No 71—Coastal Protection

Part 1 Preliminary
2   Aims of Policy
(1)  This Policy aims:
(a)  to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast, and
(b)  to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore, and
(c)  to ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore, and
(d)  to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and
(e)  to ensure that the visual amenity of the coast is protected, and
(f)  to protect and preserve beach environments and beach amenity, and
(g)  to protect and preserve native coastal vegetation, and
(h)  to protect and preserve the marine environment of New South Wales, and
(i)  to protect and preserve rock platforms, and
(j)  to manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and
(k)  to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and
(l)  to encourage a strategic approach to coastal management.
(2)  This Policy:
(a)    (Repealed)
(b)  requires certain development applications to carry out development in sensitive coastal locations to be referred to the Director-General for comment, and
(c)  identifies master plan requirements for certain development in the coastal zone.
(3)  This Policy aims to further the implementation of the Government’s coastal policy.
3   Definitions
(1)  In this Policy:
bed and breakfast establishment means an establishment that provides accommodation and meals for commercial purposes within a dwelling house:
(a)  by the permanent residents of the dwelling house, and
(b)  on a short term basis, where not more than 6 paying guests or lodgers (exclusive of the proprietor and the proprietor’s family) occupy the dwelling house.
coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
coastal lake means a body of water specified in Schedule 1.
coastal zone has the same meaning as in the Coastal Protection Act 1979.
Director-General means the Director-General of the Department of Infrastructure, Planning and Natural Resources.
farm stay means the provision of accommodation and meals for commercial purposes on a farm:
(a)  where the provision of the accommodation is secondary to primary production, and
(b)  on a short term basis for not more than 6 paying guests or lodgers (exclusive of the proprietor and the proprietor’s family and people employed for the purposes of primary production).
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
Minister means the Minister for Infrastructure and Planning.
sensitive coastal location means any of the following:
(a)  land within 100m above mean high water mark of the sea, a bay or an estuary,
(b)  a coastal lake,
(c)  a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(d)  a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(e)  land declared as an aquatic reserve under the Fisheries Management Act 1994,
(f)  land declared as a marine park under the Marine Parks Act 1997,
(g)  land within 100m of any of the following:
(i)  the water’s edge of a coastal lake,
(ii)  land to which paragraph (c), (d), (e) or (f) applies,
(iii)  land reserved or dedicated under the National Parks and Wildlife Act 1974,
(h)  residential land (within the meaning of State Environmental Planning Policy No 26—Littoral Rainforests) that is within a distance of 100m from the outer edge of the heavy black line on the series of maps held in the Department of Planning and marked “State Environmental Planning Policy No 26—Littoral Rainforests (Amendment No 2)”.
(2)  Notes in this Policy do not form part of it.
4   Land and development to which Policy applies
(1)  This Policy applies to land the whole or any part of which is within the coastal zone, except as provided by this clause.
(2)  This Policy does not apply to:
(a)  Lord Howe Island, or
(b)  in relation to State Environmental Planning Policy No 62—Sustainable Aquaculture:
(i)  a development application for consent to carry out development to which that Policy applies, or
(ii)  development that is carried out in accordance with a development consent granted under that Policy.
5   Relationship with other environmental planning instruments
In the event of an inconsistency between this Policy and another environmental planning instrument, whether made before or after this Policy, this Policy prevails to the extent of the inconsistency.
6   (Repealed)
Part 2 Matters for consideration
7   Application of clause 8 matters
The matters for consideration set out in clause 8:
(a)  should be taken into account by a council, when it prepares a draft local environmental plan that applies to land to which this Policy applies, and
(b)  are to be taken into account by a consent authority when it determines a development application to carry out development on land to which this Policy applies.
8   Matters for consideration
The matters for consideration are the following:
(a)  the aims of this Policy set out in clause 2,
(b)  existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,
(c)  opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,
(d)  the suitability of development given its type, location and design and its relationship with the surrounding area,
(e)  any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,
(f)  the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,
(g)  measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,
(h)  measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats
(i)  existing wildlife corridors and the impact of development on these corridors,
(j)  the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,
(k)  measures to reduce the potential for conflict between land-based and water-based coastal activities,
(l)  measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,
(m)  likely impacts of development on the water quality of coastal waterbodies,
(n)  the conservation and preservation of items of heritage, archaeological or historic significance,
(o)  only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,
(p)  only in cases in which a development application in relation to proposed development is determined:
(i)  the cumulative impacts of the proposed development on the environment, and
(ii)  measures to ensure that water and energy usage by the proposed development is efficient.
Note.
 Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Government Coastal Policy (as defined in that clause) to be taken into consideration by a consent authority when determining development applications in the local government areas identified in that clause or on land to which the Government Coastal Policy applies.
Part 3 Significant coastal development
9   Application of Part
(1)  This Part applies to:
(a), (b)    (Repealed)
(c)  development within 100m below mean high water mark of the sea, a bay or an estuary, and
(d)  development on land described in Schedule 3,
subject to subclause (2).
(2)  This Part does not apply to:
(a)  development in relation to which, under another environmental planning instrument, development consent cannot be granted without the concurrence of the Minister or the Director-General, or
(b)  development in relation to which, under another environmental planning instrument, the Minister or the Director-General is the consent authority.
(3)  Despite subclause (2), this Part does apply to development in relation to which, under:development consent cannot be granted without the concurrence of the Director-General, whether or not the concurrence may be lawfully assumed.
10   (Repealed)
11   Determination by councils of applications for significant coastal development
(1)  This clause applies to development that is included in clause 9 (1) (c) or (d).
(2)  A council must send a copy of a development application for consent to carry out development to which this clause applies to the Director-General within 2 days after the application is received by the council.
(3)  A council must not determine a development application for consent to carry out development to which this clause applies:
(a)  within 28 days after a copy of the application is received by the Director-General pursuant to subclause (2), or
(b)  if the Minister gives the council a direction under section 88A of the Act in respect of the development application.
(4)  During the 28-day period referred to in subclause (3) (a), the Director-General may specify matters, in addition to the matters set out in clause 8, that the council must take into consideration in determining the development application.
(5)  In addition to the matters set out in clause 8, a council must take into consideration any matters specified under subclause (4) in respect of a development application when it determines the application.
Part 4 Development control
12   Application of Part
This Part applies to all development on land to which this Policy applies.
13   Flexible zone provisions
A provision of an environmental planning instrument that allows development within a zone to be consented to as if it were in a neighbouring zone, or a similar provision, has no effect.
14   Public access
A consent authority must not consent to an application to carry out development on land to which this Policy applies if, in the opinion of the consent authority, the development will, or is likely to, result in the impeding or diminishing, to any extent, of the physical, land-based right of access of the public to or along the coastal foreshore.
15   Effluent disposal
The consent authority must not consent to a development application to carry out development on land to which this Policy applies in which effluent is proposed to be disposed of by means of a non-reticulated system if the consent authority is satisfied the proposal will, or is likely to, have a negative effect on the water quality of the sea or any nearby beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or a rock platform.
16   Stormwater
The consent authority must not grant consent to a development application to carry out development on land to which this Policy applies if the consent authority is of the opinion that the development will, or is likely to, discharge untreated stormwater into the sea, a beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or onto a rock platform.
Part 5 Master plans
17   Definition of “master plan”
In this Part:
master plan means a document consisting of written information, maps and diagrams that outlines proposals for development of the land to which the master plan applies.
18   Master plan required before certain consents may be granted
(1)  A consent authority must not grant consent for:
(a)  subdivision of land within a residential zone, or a rural residential zone, if part or all of the land is in a sensitive coastal location, or
(b)  subdivision of land within a residential zone that is not identified as a sensitive coastal location into:
(i)  more than 25 lots, or
(ii)  25 lots or less, if the land proposed to be subdivided and any adjoining or neighbouring land in the same ownership could be subdivided into more than 25 lots, or
(c)  subdivision of land within a rural residential zone that is not identified as a sensitive coastal location into more than 5 lots,
unless:
(d)  the Minister has adopted a master plan for the land, including any adjoining or neighbouring land in the same ownership, as referred to in paragraph (b) (ii), or
(e)  the Minister, after consulting the Natural Resources Commission, has, under subclause (2), waived the need for a master plan for the whole or a specified part of the land referred to in paragraph (d).
(2)  The Minister may waive the need for a master plan to be adopted because of the nature of the development concerned, the adequacy of other planning controls that apply to the proposed development or for other such reasons as the Minister considers sufficient.
(3)  For the purposes of this clause, areas of land that are adjoining or neighbouring are in the same ownership if:
(a)  the registered proprietor of all the areas of land is the same person, or
(b)  the registered proprietor of part of the areas of land is a body corporate and the registered proprietor of the other part is, or the registered proprietors of the other parts are, a director or shareholder of the body corporate, or a related body corporate of the body corporate.
(4)  In subclause (3):
body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
registered proprietor means a registered proprietor under the Real Property Act 1900.
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
19   Consent authority to consider master plan
A consent authority must not determine a development application for development on land to which this Policy applies unless the consent authority has taken into consideration the provisions of a master plan adopted under this Part.
20   Preparation of master plans
(1)  A draft master plan may be prepared by or on behalf of the owner or lessee of the land concerned.
(2)  A draft master plan is to illustrate and demonstrate, where relevant, proposals for the following:
(a)  design principles drawn from an analysis of the site and its context,
(b)  desired future locality character,
(c)  the location of any development, considering the natural features of the site, including coastal processes and coastal hazards,
(d)  the scale of any development and its integration with the existing landscape,
(e)  phasing of development,
(f)  public access to and along the coastal foreshore,
(g)  pedestrian, cycle and road access and circulation networks,
(h)  subdivision pattern,
(i)  infrastructure provision,
(j)  building envelopes and built form controls,
(k)  heritage conservation,
(l)  remediation of the site,
(m)  provision of public facilities and services,
(n)  provision of open space, its function and landscaping,
(o)  conservation of water quality and use,
(p)  conservation of animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,
(q)  conservation of fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats.
21   Consultation
(1)  After receiving a draft master plan, the Minister must cause it to be:
(a)  advertised in a newspaper circulating in the locality, and
(b)  exhibited for not less than 28 days for public comment.
(2)  After receiving a draft master plan, the Minister must also submit it to the Natural Resources Commission, the relevant council and such other public authorities as the Minister determines, for their comment. In doing so, the Minister must specify a date by which any comments are to be made.
22   Consideration of draft master plans
(1)  In considering a draft master plan, the Minister must take into account:
(a)  any written submissions made about the content of the draft master plan during the exhibition period under clause 21,
(b)  any written comments of the Natural Resources Commission, the relevant council or any of the public authorities to whom the draft plan has been submitted, that are made by the date specified under clause 21, and
(c)  the matters for consideration set out in Part 2.
(2)  After considering a draft master plan, the Minister:
(a)  may adopt the master plan without variation, or
(b)  may adopt the master plan with such variations as the Minister considers appropriate, or
(c)  may reject the draft master plan.
(3)  A draft master plan becomes a master plan if it is adopted by the Minister.
(4)  When a master plan is adopted, the Minister must cause the adoption of the master plan to be advertised in a newspaper circulating in the locality to which the master plan applies.
23   Amendment of master plans
(1)  A master plan may be amended or replaced by a subsequent master plan.
(2)  An amendment to a master plan may be dealt with concurrently with a development application.
24   Availability of master plans
A copy of each master plan adopted under this Part must be available for inspection at the relevant council, and at the principal office and relevant regional offices of the Department of Planning, during normal office hours.
Part 6 Miscellaneous
25   Transitional provisions
(1)  This Policy does not apply to a development application made, but not finally determined, before the commencement of this Policy.
(2)  Subject to subclause (1), this Policy, as amended by State Environmental Planning Policy No 71—Coastal Protection (Amendment No 1), extends to a development application made, but not finally determined, before the commencement of State Environmental Planning Policy No 71—Coastal Protection (Amendment No 1).
(3)  The amendments made to this Policy by State Environmental Planning Policy No 71—Coastal Protection (Amendment No 2) do not apply to a development application made, but not finally determined, before the commencement of State Environmental Planning Policy No 71—Coastal Protection (Amendment No 2).
(4)  The amendment made to clause 9 of this Policy by State Environmental Planning Policy No 71—Coastal Protection (Amendment No 3) extends to a development application made on or after 17 January 2003 but not finally determined before the commencement of State Environmental Planning Policy No 71—Coastal Protection (Amendment No 3).
(5)  Except as provided by subclause (4), the amendments made to this Policy by State Environmental Planning Policy No 71—Coastal Protection (Amendment No 3) do not extend to a development application made but not finally determined before the commencement of State Environmental Planning Policy No 71—Coastal Protection (Amendment No 3).
Schedule 1 Coastal lakes
(Clause 3 (1), definition of “coastal lake”)
Avoca Lake
Back Lake/Lagoon
Baragoot Lake
Bellambi Lagoon
Bingie (Kellys) Lake
Bondi Lagoon
Bournda Lagoon
Broadwater
Brush (Swan) Lagoon
Bullengella Lake
Bunga Lagoon
Burrill Lake
Candlagan Creek and Lagoon
Cobaki-Terranora
Cockrone Lake
Coila Lake
Congo Creek and Lagoon
Corindi (Pipeclay) Lake
Corunna Lake
Cudgen Lake
Curalo Lagoon
Curl Curl Lagoon
Cuttagee Lake
Dalhousie Creek and Lagoon
Dee Why Lagoon
Deep Creek and Lagoon
Durras Lake
Goolawah Lagoon
Hearns Lake
Kianga Lake
Killalea Lagoon
Kioloa Lagoon
Lake Ainsworth
Lake Arragan
Lake Brou
Lake Brunderee
Lake Cakora
Lake Cathie
Lake Conjola (includes Berringer)
Lake Hiawatha
Lake Illawarra
Lake Innes
Lake Macquarie
Lake Minnie Water
Lake Mummuga (Dalmeny)
Lake Tarourga
Lake Wollumboola
Little Lake (Narooma)
Little Lake (near Wallaga)
Long Swamp
Manly Lagoon
Merimbula Lake
Meringo Creek and Lagoon
Meroo Lake
Middle (Tanja) Lagoon
Mullimburra Lagoon
Murrah Lagoon
Myall Lakes
Nangudga Lake
Nargal Lake
Narrabeen Lagoon
Narrawallee Inlet
Nelson Lagoon
Oyster Creek and Lagoon
Pambula Inlet/Lake
Queens Lake
Saltwater Lagoon
Saltwater Lake
Smiths Lake
St Georges Basin
Swan Lake
Tabourie Lake
Termeil Lake
Terrigal Lagoon
The Broadwater (Clarence River)
Tilba Tilba Lake
Tuggerah Lake (includes Lakes Budgewoi and Munmorah)
Tuross Lake
Wagonga Inlet
Wallaga Lake
Wallagoot Lake
Wallis Lake
Wamberal Lagoon
Wapengo Lagoon
Watsons Taylor Lake
Werri Lagoon
Willinga Lake
Wonboyn Lake
Woolgoolga Lake
Wooloweyah Lagoon
Schedule 2 (Repealed)
Schedule 3 Significant coastal development—specified land
(Clauses 9 (1) (d) and 11)
Historical notes
The following abbreviations are used in the Historical notes:
AmamendedLWlegislation websiteSchSchedule
ClclauseNonumberSchsSchedules
CllclausesppageSecsection
DivDivisionpppagesSecssections
DivsDivisionsRegRegulationSubdivSubdivision
GGGovernment GazetteRegsRegulationsSubdivsSubdivisions
InsinsertedReprepealedSubstsubstituted
Table of amending instruments
State Environmental Planning Policy No 71—Coastal Protection published in Gazette No 201 of 1.11.2002, p 9387 and amended as follows:
State Environmental Planning Policy No 71—Coastal Protection (Amendment No 1) (GG No 11 of 8.1.2003, p 80)
State Environmental Planning Policy No 71—Coastal Protection (Amendment No 2) (GG No 121 of 1.8.2003, p 7572)
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82. Assented to 27.11.2003. Date of commencement of Sch 2.30, assent, sec 2 (2).
Natural Resources Commission Act 2003 No 102. Assented to 11.12.2003. Date of commencement, 23.1.2004, sec 2 and GG No 16 of 23.1.2004, p 259.
State Environmental Planning Policy No 71—Coastal Protection (Amendment No 3) (GG No 54 of 12.3.2004, p 1120)
2005
(194)
State Environmental Planning Policy (State Significant Development) 2005. GG No 60 of 25.5.2005, p 1785.
Date of commencement, on gazettal.
 
(782)
State Environmental Planning Policy No 71—Coastal Protection (Amendment No 4). GG No 153 of 7.12.2005, p 10017.
Date of commencement, on gazettal.
2011
(511)
State Environmental Planning Policy (State and Regional Development) 2011. LW 28.9.2011.
Date of commencement, 1.10.2011, cl 2 and 2011 (509) LW 28.9.2011.
2013
(706)
Table of amendments
Cl 2
Am 1.8.2003; 2011 (511), Sch 6.10.
Cl 3
Am 1.8.2003; 2003 No 102, Sch 2.8 [1].
Cl 4
Am 8.1.2003.
Cl 6
Rep 2013 (706), Sch 2.8.
Cl 9
Am 1.8.2003; 12.3.2004; 2005 (194), Sch 4.19 [1] [2]; 2005 (782), Sch 1 [1].
Cl 10
Rep 2005 (194), Sch 4.19 [3].
Cl 11
Am 2005 (782), Sch 1 [2].
Cl 18
Am 2003 No 102, Sch 2.8 [2]; 12.3.2004.
Cll 21, 22
Am 2003 No 102, Sch 2.8 [2].
Cl 25
Am 8.1.2003; 1.8.2003; 12.3.2004.
Sch 2
Am 1.8.2003; 2003 No 82, Sch 2.30. Rep 2005 (194), Sch 4.19 [4].