NSW Releases State Environmental Planning Policy (Coastal Management) 2018 

The aim of this Policy is to promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016, including the management objectives for each coastal management area, by:

1. managing development in the coastal zone and protecting the environmental assets of the coast, and
2. establishing a framework for land use planning to guide decision-making in the coastal zone, and
3. mapping the 4 coastal management areas that comprise the NSW coastal zone for the purpose of the definitions in the Coastal Management Act 2016.

“The new Coastal Management Act communicates the NSW Government's vision for coastal management. The Act reflects the vital natural, social, cultural and economic values of our coastal areas and promotes the principles of ecologically sustainable development in managing these values.

The legislative and policy framework introduced by the coastal reforms recognises natural coastal processes and the local and regional dynamic character of the coast, and promotes land use planning decisions that accommodate them. The reforms ensure coordinated planning and management of the coast and support public participation in these activities.”

“The Coastal Management SEPP will consolidate and improve current coastal-related SEPPs. It will replace SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection) and ensure that future coastal development is appropriate and sensitive to our coastal environment, and that we maintain public access to beaches and foreshore areas. The Coastal Management SEPP will also better equip councils and coastal communities to plan for and effectively respond to coastal challenges such as major storms, coastal erosion and climate change impacts, through more strategic planning around coastal development and emergency management.

The Coastal Management SEPP will also better equip councils and coastal communities to plan for and effectively respond to coastal challenges such as major storms, coastal erosion and climate change impacts, through more strategic planning around coastal development and emergency management.”

1. the coastal wetlands and littoral rainforests area,
2. the coastal vulnerability area,
3. the coastal environment area,
4. the coastal use area.

1. the clearing of native vegetation within the meaning of Part 5A of the Local Land Services Act 2013,
2. the harm of marine vegetation within the meaning of Division 4 of Part 7 of the Fisheries Management Act 1994,
3. the carrying out of any of the following:
1. earthworks (including the depositing of material on land),
2. constructing a levee,
3. draining the land,
4. environmental protection works,
4. any other development.

12 Development on land within the coastal vulnerability area

Development consent must not be granted to development on land that is within the area identified as “coastal vulnerability area” on the Coastal Vulnerability Area Map unless the consent authority is satisfied that:

1. if the proposed development comprises the erection of a building or works— the building or works are engineered to withstand current and projected coastal hazards for the design life of the building or works, and
2. the proposed development:
1. is not likely to alter coastal processes to the detriment of the natural environment or other land, and
2. is not likely to reduce the public amenity, access to and use of any beach, foreshore, rock platform or headland adjacent to the proposed development, and
3. incorporates appropriate measures to manage risk to life and public safety from coastal hazards, and
3. measures are in place to ensure that there are appropriate responses to, and management of, anticipated coastal processes and current and future coastal hazards.

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14 Development on land within the coastal use area

1. Development consent must not be granted to development on land that is within the coastal use area unless the consent authority:
1. has considered whether the proposed development is likely to cause an adverse impact on the following:
1. existing, safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,
2. overshadowing, wind funnelling and the loss of views from public places to foreshores,
3. the visual amenity and scenic qualities of the coast, including coastal headlands,
4. Aboriginal cultural heritage, practices and places,
5. cultural and built environment heritage, and
2. is satisfied that:
1. the development is designed, sited and will be managed to avoid an adverse impact referred to in paragraph (a), or
2. if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
3. if that impact cannot be minimised—the development will be managed to mitigate that impact, and
3. has taken into account the surrounding coastal and built environment, and the bulk, scale and size of the proposed development.

1. the coastal wetlands and littoral rainforests area,
2. the coastal vulnerability area,
3. the coastal environment area,
4. the coastal use area.