12 Dec 2024It is an offence to carry out “controlled activities” on waterfront land without an approval. This refers to construction work and also to clearing or depositing rocks, sand or plants.
What is considered waterfront land?
Waterfront land is defined as the bed of a waterway and the land 40 metres from the mean high bank.
Undertaking work on waterfront land can threaten the waterway’s health, presenting risks to ecosystems and impacts on other water users up and downstream.
Therefore, it is essential to ensure that your development is carried out in such a way as to limit risk to the environment and protect yourself from expensive prosecution.
Controlled activities on waterfront land are defined by the Water Management Act 2000.
These activities must be carried out in a way that protects our sensitive waterways and limits the risk of harm.
What is a controlled activity on waterfront land?
A controlled activity includes things like:
- Constructing a building
- Removing material from waterfront land, like rocks, sand, gravel or plants
- Depositing material on waterfront land, including rocks, gravel, boulders or fill
- Carrying out particular works, including the construction and erection of bridges, roads, sea walls, erosion control measures and channel re-alignments
Do I need approval to work on waterfront land?
A controlled activity approval is required before undertaking any work or development on waterfront land if an exemption does not apply.
In addition, you might need a development approval issued by your local council.
You should seek specialist advice concerning obtaining the necessary approvals for integrated development, or seeing if an exception applies to your land.
Fines for undertaking controlled activities without approval
Proceeding with controlled activities on waterfront land without approvals can result in significant fines.
Case study – Port Stephens
In 2019, a company removed vegetation from three sites along a creek in Port Stephens and deposited rock and other materials at another site without approval. The unauthorised works were carried out on a waterway that drained into the Port Stephens Great Lakes Marine Park several years earlier.
The company was found guilty in the Raymond Terrace Local Court of four charges relating to work on waterfront land.
It was fined a total of $88,000 ($22,000 for each offence) and handed an order to pay professional costs of $20,000. In addition, the company was forced to publish details of the case in the local newspaper and on its website.
Case study – Clyde River
In another Local Court case, a person was convicted of undertaking work on waterfront land near the Clyde River. The work included clearing vegetation, depositing material and building a boat ramp.
The Local Court magistrate was not inclined to accept that the defendant wasn’t aware that the subject site was Crown land, nor that additional rules and regulations applied to work undertaken in a marine park.
The maximum fine for these offences was $10,000 for each offence. However, the magistrate considered the defendant’s remorse and early guilty plea in handing down a fine of $7,500 per offence.
The court noted that the environmental harm caused by these offences resulted in more than 500m2 of vegetation being cleared, bankside erosion and the risk of pollution entering the river system and marine park.
In both cases, it was noted that setting an example is vital and that the public must understand that these are serious offences.
For more information please see Tougher penalties for environmental crime now in force in NSW.
