Waterway structures

Structural repair, the replacement of, or carrying out maintenance works in relation to existing lawful boat sheds, cranes, davits, jetties, marinas, pontoons, slipway rails, winches, water recreation structures, wharfs and boating facilities can be carried out as complying development provided it:

• is not carried out on/in a heritage item
• is not carried out on/in a draft heritage item
• does not increase the height or site coverage of the building concerned
• does not reduce the amount of light penetration to any water below
• does not involve disturbance or injury to the bed of any waterway or injury to marine vegetation
• complies with AS 3962—2001, Guidelines for design of marinas and AS 4997—2005, Guidelines for the design of maritime structures.

Waterway structures may be carried out as complying development on land regardless of whether it is within an environmentally sensitive area.

For a full list of development standards that apply to waterway structures under complying development please refer to these provisions.

Other considerations

• All works must be structurally adequate, installed in accordance with the manufacturer’s specifications and comply with the Building Code of Australia (BCA).
• If you propose to remove or prune any existing trees or vegetation, you should contact your council first to make sure you don’t need approval for this.
• Any structures that would be located on public land or on or over a public road (including temporary structures) require separate approval from the relevant council or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993. 
• Generally, complying development cannot be carried out on:
  • land within a heritage conservation area, or a draft heritage conservation area (there are some exceptions, please check the relevant development standards for more information)
  • land reserved for a public purpose
  • class 1 or 2 land on council’s acid sulphate soils map
  • land in a buffer area
  • land in a riverfront area
  • land in an ecologically sensitive area
  • environmentally sensitive land
  • land in a protected area
  • land affected by a coastline hazard, coastal hazard or coastal erosion hazard
  • land in a foreshore area
  • land in the 25 Australian Noise Exposure Forecast (ANEF) counter or a higher ANEF counter
  • unsewered land in a drinking water catchment identified in an environmental planning instrument
  • land declared as a special area
  • land in an environmentally sensitive area.

• In addition, complying development cannot be carried out on land that:
  • comprises an item that is listed in the State Heritage Register (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
  • is subject to an interim heritage order (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
  • is identified as an item of environmental heritage or a heritage item in an environmental planning instrument (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
  • is a critical habitat under the Threatened Species Conservation Act 1995
  • is a wilderness area under the Wilderness Act 1987.