State Environmental Planning Policy (Primary Production) 2021 (2021-729) (NSW)

State Environmental Planning Policy (Primary Production) 2021

Chapter 1 Preliminary

1.1 Name of Policy This Policy is State Environmental Planning Policy (Primary Production) 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 Primary production and rural development

Part 2.1 Preliminary

2.1 Aims of Chapter The aims of this Chapter are as follows— (a) to facilitate the orderly economic use and development of lands for primary production, (b) to reduce land use conflict and sterilisation of rural land by balancing primary production, residential development and the protection of native vegetation, biodiversity and water resources, (c) to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations, (d) to simplify the regulatory process for smaller-scale low risk artificial waterbodies, and routine maintenance of artificial water supply or drainage, in irrigation areas and districts, and for routine and emergency work in irrigation areas and districts, (e) to encourage sustainable agriculture, including sustainable aquaculture, (f) to require consideration of the effects of all proposed development in the State on oyster aquaculture, (g) to identify aquaculture that is to be treated as designated development using a well-defined and concise development assessment regime based on environment risks associated with site and operational factors.