Approval Processes - Councils

1. Introduction

Councils which have been successful in obtaining a grant under the Better Boating Program will most likely need to follow the process described below to obtain planning and construction approval for their project.

On land owned by Maritime (being Sydney Harbour and its tributaries, Botany Bay, Port Kembla Harbour and Newcastle Harbour) Councils will also need to satisfy Maritime’s land tenure requirements.  In this regard, and to minimise delays, Councils should contact a Maritime property officer at an early stage.  This applies irrespective of whether the project is to construct a brand new facility or to alter an existing facility.

On other land, Councils will need to enter into a land tenure arrangement with the relevant landowner.

2. Planning approval

Most Better Boating Program projects will fall under the definitions of “wharf and boating facilities” or “waterway or foreshore management activities” under State Environmental Planning Policy (Infrastructure) 2007 (the SEPP).  These may be constructed by, or on behalf of, Councils without development consent on any land and therefore Council’s internal environmental assessment procedures will apply.

Should the proposed project not be subject to the SEPP, Councils will need to follow relevant development application processes.

Councils are reminded to consider, at this stage, all navigation safety impacts of the proposed project.  In this regard contact operations personnel at the relevant Maritime office.

3. Agreement for lease or licence

Councils will be required to sign an agreement for lease and licence if the project is proposed to be located on any of Maritime’s land.

In addition to any other requirements, a copy of the planning approval (e.g. REF/Part V Assessment) and certification that the structure will address all relevant Australian Standards for publicly-accessible facilities, will need to be provided to Maritime at this point.

See the information sheet Planning and construction approval documentation – what’s required? for further information.

Construction must not commence until this tenure agreement, which will include a construction license, is finalised.

4. Final lease or licence

Following construction, in accordance with item # 3 above, Councils must enter into a final lease or licence with Maritime if it owns any of the land on which the project is located.

Normally Maritime will grant a renewable lease or licence for a term of 3 years. In respect of long term leases, Councils must first obtain planning approval for a plan of subdivision for lease purposes.

On land not owned by Maritime, Councils will need to enter into a final land tenure arrangement with the relevant landowner.