Land to which chapter applies

Current

(1)

This chapter applies to the whole of the State, other than the following land—

(a)

bush fire prone land,

(b)

land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2,

(c)

land that is a local or State heritage item or on which a local or State heritage item is located,

(d)

land that is identified in an environmental planning instrument as being in a heritage conservation area,

(e)

the following local government areas—

(i)

Bathurst Regional,

(ii)

City of Blue Mountains,

(iii)

City of Hawkesbury,

(iv)

Wollondilly,

(f)

land identified as “Probable Maximum Flood” in Figure 1-1 of the Hawkesbury-Nepean River Flood Study—Flood Study Report, dated May 2024 and published on the NSW Flood Data Portal on 20 June 2024,

(f1)

land in the Georges River Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6 that is—

(i)

susceptible to flooding by the probable maximum flood, and

(ii)

in one of the following local government areas—

(A)

Canterbury-Bankstown,

(B)

Cumberland,

(C)

City of Fairfield,

(D)

Georges River,

(E)

City of Liverpool,

(F)

Sutherland Shire.

(g)

land in a flood planning area in the following local government areas—

(i)

Armidale Regional,

(ii)

Ballina,

(iii)

Bellingen,

(iv)

Byron,

(v)

City of Cessnock,

(vi)

Clarence Valley,

(vii)

City of Coffs Harbour,

(viii)

Dungog,

(ix)

Goulburn Mulwaree,

(x)

Kempsey,

(xi)

Kyogle,

(xii)

City of Lismore,

(xiii)

City of Maitland,

(xiv)

Nambucca Valley,

(xv)

City of Newcastle,

(xvi)

Port Stephens,

(xvii)

Queanbeyan-Palerang Regional,

(xviii)

Richmond Valley,

(xix)

City of Shoalhaven,

(xx)

Singleton,

(xxi)

Tweed,

(xxii)

Upper Hunter Shire,

(xxiii)

Walcha,

(h)

land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater,

(i)

land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.77,

(j)

(Repealed)

(k)

land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12,

(l)

land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map.

(2)

In this section—

ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021, section 4.17.

ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

flood planning area has the same meaning as in the Flood Risk Management Manual.

probable maximum flood has the same meaning as in the Flood Risk Management Manual.

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182 Land to which chapter applies