Strategic and statutory planning

Strategic and statutory planning

Water security, water supply and management of healthy river systems and riparian corridors are a critical part of local, regional and state land use planning for urban and industrial development and infrastructure.

Thinking about water management in the early planning phase means knowing how much water is required and available for the development in the short and long term and early identification of riparian corridors which helps to:

• better target investment
• give greater certainty of the outcome of the development
• streamline future approval and construction phases
• improve the impact of the development on communities and the environment.

The department has an important role within the strategic and statutory planning framework, with a focus on:

• water licensing and approvals requirements under the Water Management Act 2000, and
• supporting local water utilities that manage strategic water security, water quality and infrastructure management.

We do this by providing advice to applicants and setting requirements for developments on planning proposals, major utility and local and state government infrastructure developments, and state and regional strategies on matters including:

• requirements for environmental assessment to ensure compliance with relevant legislation, policy and guidelines
• identifying which licences or approvals are required for different stages of the development
• identifying water availability and constraints
• determining water entitlements and supply
• management of watercourse and riparian corridors including drainage, bushfire and flooding considerations.

More information at licencing and approvals and local water utilities.

Types of strategic and statutory planning referrals

Planning proposals

Planning proposals are managed and approved by the Department of Planning, Housing and Infrastructure or local councils. Applications are then referred to, or applicants must engage with, the department on water related impacts and requirements.

Planning proposals and related documents include:

• making and amending local environment plans including rezoning proposals
• development control plans
• urban, commercial and industrial release area masterplans and precinct plans

More information on the local environment plan process at: Department of Planning, Housing and Infrastructure.

When to seek advice from the department:

• pre-lodgement/scoping stage – for broad advice and requirements, identify key issues and additional environmental assessments and water cycle management reports that are required to support the proposal
• lodgement stage – for a detailed review of the final proposal and advice on water licensing and approvals requirements
• review stage - in some cases, advice from the department will be required at planning review stage.

Referral requirements:

• Pre-lodgement stage
  • maps, plans
  • broad assessment of environmental attributes
  • planning proposal scope and objectives
• Lodgement stage:
  • watercourse and riparian corridor assessment report
  • water cycle management, water balance assessment, and/or water use and access assessment report
  • environment assessment reports
  • detail plans of site identifying watercourses, riparian corridors and flood and drainage infrastructure
  • servicing reports showing water and sewer availability

Developments by Public Authorities – Review of Environmental Factors

Certain projects undertaken by councils, government departments or state agencies are ‘development permitted without consent’. Before work can start, public authorities are required to assess the environmental impacts of a project. This process is called a Review of Environmental Factors (REF).

Find more information on the Review of Environmental Factors process on the NSW Planning Portal.

When to seek advice from the department:

• scoping stage - for broad advice and requirements, identify key issues and additional environmental assessments
• review stage – for a detailed review of the final proposal and advice on water licensing and approvals requirements

Referral requirements:

• Scoping stage:
  • map, plans
  • scope and objectives
• Review stage:
  • environment assessment reports with impact assessment against relevant legislation, policy and guidelines
  • Identification of required licences and approvals or applicable exemptions

State and regional strategies

Strategies can be developed to manage a range of outcomes for large geographical areas such as stormwater strategies, housing strategies, water security strategies and riparian strategies for local government areas.

The department also provides support to local water utilities to ensure water security. Find more information on water security strategies at: Local water utility strategic planning

When to seek advice from the department:

• When there are impacts to water management such as waterfront land, water availability or water entitlement requirements
• When the strategy may require new or amended licenses and/or approvals under the Water Management Act 2000

Referral requirements can vary depending on the type of strategy. All strategies should consider the relevant legislation, policies and guidelines.

How to refer strategic and statutory planning matters to the department

All cases can be referred to the department via email to water.enquiries@dcceew.nsw.gov.au

Planning proposals are also able to be referred through the planning portal.

Licensing and approvals required

Licenses and approvals must be issued before the relevant construction phase starts. While these may not be required at the strategic and statutory planning phase, consideration of these requirements and potential exemptions is required.

One or more of these licences and approvals may be required under the Water Management Act 2000:

• Controlled activity approval
• Water supply work approval
• Water access licence
• Flood work approval

The department issues approvals for controlled activities for all customers. Water supply work approvals, flood works approvals and water access licences are shared with WaterNSW.

Find more information on which agency you need at: Water agencies

Exemptions

Find out more about exemptions at: Water licence and approval exemptions

Guidelines and assessment requirements

Strategic and statutory planning matters referred to the department must consider these guidelines and requirements for assessments:

• Guidelines for controlled activities on waterfront land
• Aquifer Interference Policy
• Water sharing plans