Controlled activities

Healthy, productive watercourses and waterfront land are vital to the community and environment.

Some types of activities on waterfront land can cause negative impacts, such as altering water flow or water quality, destabilising bed and banks, causing erosion, disturbing vegetation and wildlife habitats, and affecting environmental connectivity and diversity.

What is a controlled activity?

Controlled activities are certain types of activities which are

carried out on waterfront land, and
defined as a controlled activity in the Water Management Act 2000.

‘Waterfront land’ means the bed of any river, lake or estuary, and the land within 40 metres of the river banks, lake shore or estuary mean high water mark.

Waterfront land

‘Controlled activity’ means:

erection of a building
carrying out a work
removing material from waterfront land, such as vegetation or extractive material
depositing material on waterfront land, such as extractive material
carrying out an activity which affects the quantity or flow of water in a water source.

Examples of controlled activities include:

modifications to a watercourse, such as erosion control works and channel realignment
construction of bed control structures
construction of watercourse crossings such as bridges, causeways and bed level crossings, and ancillary works such as roads
construction of stormwater outlets and spillways
construction of boat ramps and sea walls
laying pipes and cables
sand and gravel extraction.

Controlled activity approvals

A controlled activity approval is required to authorise the carrying out of a controlled activity.

The purpose of an approval is to ensure that controlled activities are carried out in a way which avoids or minimises negative impacts on waterfront land and other water users.

Regulating controlled activities protects waterfront land and its important natural functions whilst supporting appropriate private development and community infrastructure.

Are there exemptions?

You do not need a controlled activity approval if an exemption applies, such as:

for major projects which are state significant development or state significant infrastructure
in certain circumstances specified in the regulations, for example:
- activities carried out by public authorities
- activities carried out by network operators in certain circumstances
- certain types of activities to enable a person to take water under their domestic and stock rights, such as installing a water pump and water pipe
- constructing and using a harvestable rights dam
- activities relating to a residential dwelling in certain circumstances.

How do I apply for an approval?

For information, go to Approval applications & fees.

Guidelines for controlled activities

Our department has published guidelines on certain types of controlled activities and the protection of waterfront land.

The NSW Natural Resources Access Regulator is responsible for compliance and enforcement of NSW water law including laws about controlled activities.

For information, go to Compliance.