What has happened?
A new coastal management framework has been established in NSW. The framework is implemented under:
- amendments to the Coastal Management Act 2016 (CM Act) and the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP);
- the commencement of the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP); and
- the repeal of the Coastal Protection Act 1979.
Key features of the new framework
The key features of the new framework include:
- Under the CP Act:
- a new coastal panel is establishment with an audit and advisory role. Unlike the previous panel, the new panel is not a consent authority;
- Councils are required to prepare a coastal management program in accordance with the coastal management manual.
- Under the CM SEPP:
- land within the coastal zone is mapped into four distinct coastal management areas:
- Coastal wetlands and littoral rainforest area;
- Coastal vulnerability area;
- Coastal environment areas; and
- Coastal use area;
- development controls are prescribed for each coastal management area;
- approval requirements for coastal protection works (including sea walls and revetments) are prescribed.
- the previsions previously contained in the ISEPP which allowed a public authority to construct coastal protection works on any land without consent have been repealed.
- land within the coastal zone is mapped into four distinct coastal management areas:
Further information
For further information on the new coastal development framework and its potential implications for your development please contact Marcus Steele, Director, on (02) 8005-1411 or marcus.steele@steelelaw.com.au.