The NSW Department of Planning, Industry and Environment (the Department) is currently addressing unauthorised development on foreshore Crown lands and waterways.
Owners of waterfront properties who construct or alter structures on Crown waterways must ensure that all necessary approvals and licences have been obtained before doing so. This is also important to landowners and prospective purchasers, who may not be aware of possible risks that exist for historical encroachments and development on Crown waterways.
In general, all developments will require a development consent and depending on the proposed works may require a development certificate. Owners of waterfront properties and prospective purchasers should consider whether a development consent already exists, whether it is required for proposed works, or whether existing use rights are available.
Moreover, licences to occupy foreshore Crown land and waterways are required to use and occupy Crown land below the mean high water mark for recreational infrastructure such as jetties, pontoons and boat ramps, and this licence must exist prior to construction of the structure.
To avoid regulatory in action for breach of the Crown Land Management Act 2016 (NSW)it is important to be aware of the requirements for waterfront developments such as waterfront licences and owners consent.