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Controlled activities near rivers, lakes or estuaries

The Rivers and Foreshores Improvement Act 1948 has been repealed and the controlled activity provisions in the Water Management Act 2000 (WMA) have commenced. A controlled activity approval under the WMA is required for certain types of developments and activities that are carried out in or near a river, lake or estuary.

The controlled activity approval provisions commenced on 4 February 2008.

Under the WMA, a controlled activity means:

  1. the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979), or
  2. the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or
  3. the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or
  4. the carrying out of any other activity that affects the quantity or flow of water in a water source.

For more general information about the controlled activity provisions, read the Frequently Asked Questions.

Guidelines for controlled activities

The Department of Water and Energy has developed guidelines to assist applicants who are considering carrying out a controlled activity on waterfront land. The guidelines provide information on the design and construction of a controlled activity, and other mechanisms for the protection of waterfront land.

Water Management (General) Regulation 2004 (see Clause 39A)

The Water Management (General) Regulation 2004 has been amended by the Water Management Amendment (Controlled Activities) Regulation 2008. The purpose of the amendments is to introduce exemptions to the requirement to hold a controlled activity approval. There are also provisions of a savings and transitional nature.

The full text of the Water Management (General) Regulation 2004 (see clause 39A of the Regulation in relation to controlled activity exemptions) is available on the NSW legislation website.

Application form

Before you undertake a controlled activity you must submit an application form to the Department of Water and Energy.