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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Historical version for 19 November 2014 to 31 December 2014 (accessed 6 April 2020 at 16:08) Current version
Part 2 Division 1 Subdivision 40A
Subdivision 40A Waterways structures—minor alterations
2.80A   Specified development
The following works to existing lawful boat sheds, jetties, marinas, pontoons, water recreation structures and wharf or boating facilities are development specified for this code if the works are not carried out on or in a heritage item or a draft heritage item:
(a)  the repair or replacement of the following:
(i)  decking on a boardwalk, gangway, ramp, jetty, landing, landing steps, pontoon or wharf or on any stairs, steps or skids,
(ii)  a handrail or ladder,
(iii)  non-load bearing members,
(b)  non-structural internal or external alterations to an existing lawful boat shed, including painting, plastering, cement rendering, cladding, attachment of fittings and decorative work,
(c)  the installation of the following:
(i)  emergency items such as lifebuoys and any associated signage,
(ii)  lighting,
(iii)  service pedestals,
(d)  painting or other similarly applied surface treatment that is intended to protect a structure from corrosion or weathering.
2.80B   Development standards
The standards specified for that development are that the development must:
(a)  if it is for the repair or replacement of non-load bearing members:
(i)  use members of like dimension to the members being repaired or replaced, and
(ii)  not modify the footprint for the structure concerned, and
(iii)  use materials that are equivalent to the quality of the existing approved materials being repaired or replaced, and
(b)  if it is for a non-structural internal or external alteration to a boat shed—not affect the load bearing capacity of any component of the boat shed, and
(c)  not result in a pile being left exposed within the waterway, and
(d)  if it relates to the surfaces of pontoons, ramps or jetties (including the tops of piles)—be untreated, or stained or painted in recessive colours sympathetic to the existing natural landscape and built form, unless otherwise required for safety reasons, and
(e)  if it is the installation of lighting:
(i)  be for the purpose of aiding pedestrian movement to, from and on the facility and be fixed to the existing structure at a height of no more than 1.5m above the surface used for pedestrian movement, and
(ii)  not exceed 15 lux (being a unit of measurement for illumination) measured at the area to which the lighting is directed, and
(iii)  be designed and located so as not to affect safe navigation or cause any nuisance to neighbours or users of the waterway, and
(f)  if it is the installation of service pedestals:
(i)  be attached to an existing structure and installed in accordance with the manufacturer’s specifications, and
(ii)  not be higher than 1.4m above the level of any wharf or deck on or near which it is located, and
(iii)  not exceed a width or depth of 300mm, and
(g)  if it is pollution control facilities, occupational health and safety measures and environmental management works:
(i)  satisfy any applicable legislative requirements relating to pollution control, and
(ii)  not be undertaken for the purpose of remediating contaminated land, and
(h)  not reduce the amount of light penetration to any water below, and
(i)  not increase the area of the existing footprint of any building, and
(j)  not change the classification of any building under the Building Code of Australia, and
(k)  not involve disturbance of, or injury to, the bed of any waterway or marine vegetation (within the meaning of the Fisheries Management Act 1994), and
(l)  not include a change to the fire resisting components of, or interfere with the entry to or exit from, or the fire safety measures contained within, any building, and
(m)  use recessive colours sympathetic to the existing natural landscape and built form, and
(n)  be consistent with the terms of any applicable development consent, and
(o)  if an approval is required under the Fisheries Management Act 1994—be approved under that Act, and
(p)  if a licence is required under the Protection of the Environment Operations Act 1997—be licenced under that Act.