Chapter 1 Preliminary
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Biodiversity and Conservation) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—the Act means the Environmental Planning and Assessment Act 1979.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.Note—The Interpretation Act 1987, section 30A provides—(a) the transfer of a provision does not affect the operation or meaning of the provision, and(b) a transferred provision is to be construed as if it had not been transferred.
Chapter 2 Vegetation in non-rural areas
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 3 Koala habitat protection 2020
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy (Koala Habitat Protection) 2020 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 4 Koala habitat protection 2021
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy (Koala Habitat Protection) 2021 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 5 River Murray lands
Editorial note—
Schedule 14 transfers certain provisions of Murray Regional Environmental Plan No 2—Riverine Land to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 6 Bushland in urban areas
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy No 19—Bushland in Urban Areas to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 7 Canal estate development
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy No 50—Canal Estate Development to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 8 Sydney drinking water catchment
Editorial note—
Schedule 14 transfers certain provisions of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 9 Hawkesbury-Nepean River
Editorial note—
Schedule 14 transfers certain provisions of Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 10 Sydney Harbour Catchment
Editorial note—
Schedule 14 transfers certain provisions of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 11 Georges Rivers Catchment
Editorial note—
Schedule 14 transfers certain provisions of Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 12 Willandra Lakes Region World Heritage Property
Editorial note—
Schedule 14 transfers certain provisions of Willandra Lakes Regional Environmental Plan No 1—World Heritage Property to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedules 1–13
Editorial note—
Schedule 14 transfers certain Schedules from the following environmental planning instruments to this Policy—
The Schedules will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedule 14 Transfer of provisions
(1) Transfer State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Parts 1–5, other than clauses 1 and 2, to this Policy as Chapter 2, Parts 2.1–2.5.(2) Renumber the clauses in Chapter 2 as sections with decimal numbering, commencing with section 2.1.
(1) Transfer State Environmental Planning Policy (Koala Habitat Protection) 2020, Parts 1–5, other than clauses 1, 2 and 20, to this Policy as Chapter 3, Parts 3.1–3.5.(2) Renumber the clauses in Chapter 3 as sections with decimal numbering, commencing with section 3.1.(3) Transfer State Environmental Planning Policy (Koala Habitat Protection) 2020, Schedule 2 to this Policy as Schedule 1.
(1) Transfer State Environmental Planning Policy (Koala Habitat Protection) 2021, Parts 1–4, other than clauses 1 and 2, to this Policy as Chapter 4, Parts 4.1–4.4.(2) Renumber the clauses in Chapter 4 as sections with decimal numbering, commencing with section 4.1.(3) Transfer State Environmental Planning Policy (Koala Habitat Protection) 2021, Schedules 1 and 2 to this Policy as Schedules 2 and 3.
(1) Transfer Murray Regional Environmental Plan No 2—Riverine Land, Parts 1–3, other than clauses 1 and 8(a), to this Policy as Chapter 5, Parts 5.1–5.3.(2) Renumber the clauses in Chapter 5 as sections with decimal numbering, commencing with section 5.1.(3) Omit the heading to the Dictionary. Insert instead—Schedule 1 Dictionary for Chapter 5(4) Transfer Murray Regional Environmental Plan No 2—Riverine Land, Schedule 1, as amended by subsection (3), to this Policy as Schedule 4.
(1) Transfer State Environmental Planning Policy No 19—Bushland in Urban Areas, other than clause 1, to this Policy as Chapter 6.(2) Renumber the clauses in Chapter 6 as sections with decimal numbering, commencing with section 6.1.(3) Transfer State Environmental Planning Policy No 19—Bushland in Urban Areas, Schedule 1 to this Policy as Schedule 5.
(1) Transfer State Environmental Planning Policy No 50—Canal Estate Development, other than clause 1, to this Policy as Chapter 7.(2) Renumber the clauses in Chapter 7 as sections with decimal numbering, commencing with section 7.1.
(1) Transfer State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, Parts 1–3, other than clauses 1, 2, 8(2) and 13, to this Policy as Chapter 8, Parts 8.1–8.3.(2) Renumber the clauses in Chapter 8 as sections with decimal numbering, commencing with section 8.1.
(1) Transfer Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), Parts 1–4, other than clauses 1 and 14, to this Policy as Chapter 9, Parts 9.1–9.4.(2) Renumber the clauses in Chapter 9 as sections with decimal numbering, commencing with section 9.1.(3) Omit the heading to the Dictionary. Insert instead—Schedule 3 Dictionary for Chapter 9(4) Transfer Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), Schedules 1–3, as amended by subsection (3), to this Policy as Schedules 6–8.
(1) Transfer Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, Parts 1–7, other than clauses 1, 8 and 11(1)–(4), to this Policy as Chapter 10, Parts 10.1–10.7.(2) Renumber the clauses in Chapter 10 as sections with decimal numbering, commencing with section 10.1.(3) Omit the heading to the Dictionary. Insert instead—Schedule 5 Dictionary for Chapter 10(4) Transfer Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, Schedules 1 and 3–5, as amended by subsection (3), to this Policy as Schedules 9–12.
(1) Transfer Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment, Parts 1–3, other than clauses 1, 6 and 7(a), to this Policy as Chapter 11, Parts 11.1–11.3.(2) Renumber the clauses in Chapter 11 as sections with decimal numbering, commencing with section 11.1.(3) Omit the heading to the Dictionary. Insert instead—Schedule 1 Dictionary for Chapter 11(4) Transfer Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment, Schedule 1, as amended by subsection (3), to this Policy as Schedule 13.
(1) Transfer Willandra Lakes Regional Environmental Plan No 1—World Heritage Property, Parts 1 and 2, other than clauses 1 and 9(1)(a) and (2), to this Policy as Chapter 12, Parts 12.1 and 12.2.(2) Renumber the clauses in Chapter 12 as sections with decimal numbering, commencing with section 12.1.
12 Consequential amendments
(1) Update all cross-references and provision numbering below the section level in this Policy as required by the transfer of provisions to this Policy.(2) Omit each expression specified in Column 1 of the following table wherever occurring in this Policy, other than in Chapter 1 and this Schedule, including definitions, headings and notes and regardless of capitalisation.Insert instead the expression specified opposite in Column 2, with appropriate capitalisation—
13 Repeal of environmental planning instruments
The following environmental planning instruments, as amended by this Schedule, are repealed—Note—Savings and transitional provisions in the instruments repealed by this section are not transferred to this Policy. They continue to have effect because of the Interpretation Act 1987, sections 5(6) and 30(2)(d).
14 Repeal of Schedule
This Schedule is repealed at the beginning of the day after this Policy commences.