New Coastal Management Framework for NSW

What has happened?

A new coastal management framework has been established in NSW. The framework is implemented under:

  1. amendments to the Coastal Management Act 2016 (CM Act) and the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP);
  2. the commencement of the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP); and
  3. 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the ISEPP which allowed a public authority to construct coastal protection works on any land without consent have been repealed.

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.