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Controlled activity approvals

Apply for a controlled activity approval

Apply for a new controlled activity approval for activities on waterfront land, extend, amend or surrender an existing approval, and manage security bonds.

controlled activity applications and approvals

For general information on what a controlled activity is, see: Controlled activity approvals

Apply for a new controlled activity approval

There are 2 types of approvals for new controlled activities under the Water Management Act 2000:

  • when the activity is part of a development application (DA) (called a part 4 approval)
  • when the activity is not part of a DA (called a part 5 approval)

How to apply for a part 4 new controlled activity approval

How to apply

If the activity is part of a DA, you need development consent from a local council before applying for a Part 4 controlled activity approval.  For more information on lodging a DA with a Council refer to integrated development referrals. The part 4 controlled activity approval process is described in the flowchart below.

 Part 4 Controlled Activity Approval process

Note

  • Not all activities on waterfront land need a controlled activity approval. For information and an e-tool to determine if an exemption applies to your activity, see:  Exemptions. If your activity is exempt, you may still need to obtain other approvals required under different legislation. To find out, check with the relevant local council.
  • The application requires detailed information and supporting documents. A list of mandatory supporting documents is provided below. Read the controlled activity approval guidelines thoroughly and have the required information ready before you start your application.
  • Applications for controlled activity approvals are lodged on the NSW Planning Portal by clicking the button below. You can also pay fees, upload additional information, and track your application’s progress. Use the guide to using the NSW Planning Portal PDF, 88.25 KB
  • Most controlled activities also need approval from a local council. If so, you may also need to lodge an integrated development application with a local council via the NSW Planning Portal prior to applying for a controlled activity approval. If this is the case, you must lodge what is known as an Integrated Development Assessment System Development Application (IDAS DA).
  • Instructions on how to lodge your application on the NSW Planning Portal are at the end of this page.

Mandatory supporting documents

You will need:

  • A copy of development consent
  • Owners consent
  • Refer to General Terms of Approval issued by the department within or attached to your development consent from council and provide all documents and reports specified. This may include:
    • plans and reports prepared for Construction Certificate
    • site plans with demarcation of waterfront land, designated riparian corridors and any encroachments and offsets
    • vegetation management plan
    • drainage and stream works plans
    • detailed stormwater outlet designs
    • costing of works and security bonds where specified
  • Refer to the controlled activity guidelines for support in preparing reports and plans

Application fees

Approval type Application fee Additional fees if applicable
New approval - Part 4

Assessment time less than 4 hours

Assessment time more than 4 hours

Security Bond or Bank Guarantee
  
$969 N/A
$969 $477 + $156 per hour above 3 hrs assessment time
$969 $953 + $156 per hour above 3 hrs assessment time
  • Fees are charged to cover the cost of assessing applications.
  • Fees are calculated in the NSW Planning Portal based on your application type. Additional fees may also be needed. If this is the case, the department will notify you via email.
  • Application fees are non-refundable for change of mind or where an application is not granted or refused.
  • Find more information at: Application fees

Assessment timeframe

Applications are assessed within 80 working days.

Find more information at: Assessment timeframes

To check the status of an existing application for a controlled activity approval, if the assessment timeframe has passed, contact water.enquiries@dpie.nsw.gov.au.

How to apply for a part 5 new controlled activity approval

How to apply

If the activity is not part of a DA, you do not need development consent from a local council before applying for a Part 5 Controlled Activity Approval. The process is described in the flowchart below.

Control activity approval part 5 flowchart

Note

  • Not all activities on waterfront land need a controlled activity approval. For information and an e-tool to determine if an exemption applies to your activity, see:  Exemptions. If your activity is exempt, you may still need to obtain other approvals required under different legislation. To find out, check with the relevant local council.
  • The application requires detailed information and supporting documents. A list of mandatory supporting documents is provided below. Read the controlled activity approval guidelines thoroughly and have the required information ready before you start your application.
  • Applications for controlled activity approvals are lodged on the NSW Planning Portal by clicking the button below. You can also pay fees, upload additional information, and track your application’s progress. Use the guide to using the NSW Planning Portal PDF, 88.25 KB
  • Most controlled activities also need approval from a local council. If so, you may also need to lodge an integrated development application with a local council via the NSW Planning Portal prior to applying for a controlled activity approval. If this is the case, you must lodge what is known as an Integrated Development Assessment System Development Application (IDAS DA).
  • Instructions on how to lodge your application on the NSW Planning Portal are at the end of this page.

Mandatory supporting documents

You will need:

  • Owners consent
  • Written confirmation from council confirming a DA is not required
  • Plans detailing all proposed works on waterfront land including structures, drainage works, excavation, placement of fill, and vegetation removal
  • Plans identifying the location of waterfront land including identification of top of bank of the watercourse and the proximity of proposed activities
  • Detailed description of the proposed works
  • Detailed watercourse crossing design – if a crossing is proposed
  • Refer to the controlled activity guidelines for support in preparing reports and plan

Application fees

Approval type Application fee Additional fees if applicable
New approval - Part 5 $484 $156 per hour above 3 hrs assessment time
  • Fees are charged to cover the cost of assessing applications.
  • Fees are calculated in the NSW Planning Portal based on your application type. Additional fees may also be needed. If this is the case, the department will notify you via email.
  • Application fees are non-refundable for change of mind or where an application is not granted or refused.
  • Find more information at: Application fees

Assessment timeframe

Applications are assessed within 80 working days.

Find more information at: Assessment timeframes.

To check the status of an existing application for a controlled activity approval, if the assessment timeframe has passed, contact water.enquiries@dpie.nsw.gov.au.

Apply for a new controlled activity approval

Extend a controlled activity approval

You can apply to extend a controlled activity approval that is about to expire or has expired.

How to extend

  • Applications to extend an existing controlled activity approval are lodged on the NSW Planning Portal by clicking the button below. You can also pay fees, upload additional information, and track your application’s progress.
  • If you require amendments to an existing controlled activity approval including changes to the proposed development works and/or property owners you must first apply to amend a controlled activity.
  • If your controlled activity approval has expired a Statutory Declaration explaining the reason for the expiry must be lodged with your extension application
  • If your controlled activity approval is not in the NSW Planning Portal request an extension by email at: water.enquiries@dpie.nsw.gov.au. Attach a copy of the controlled activity approval in the email.
  • For instructions on lodging your application for an extension on the NSW Planning Portal see: How to apply on the NSW Planning Portal

Mandatory supporting documents

You will need:

  • A copy of the controlled activity approval
  • Owners consent
  • If your approval has expired Statutory Declaration explaining the reason for the expiry

Application fees

Approval type Application fee Additional fees (if applicable)
Extend approval Part 4 or Part 5 $484 N/A
  • Fees are charged to cover the cost of assessing applications.
  • Fees are calculated in the Planning Portal based on your application type. Additional fees may also be needed. If this is the case, the department will notify you via email.
  • Application fees are non-refundable for change of mind or where an application is not granted or refused.
  • Find more information at: Application fees

Assessment timeframe

Applications are assessed within 80 working days.

Find more information at: Assessment timeframes

To check the status of an existing application for a controlled activity approval, if the assessment timeframe has passed, contact water.enquiries@dpie.nsw.gov.au.

Apply to extend

Amend a controlled activity approval

Amendments to an existing controlled activity approval include changes to the proposed development works and/or property owners.

How to amend a part 4 controlled activity approval

How to amend

  • An amendment may require you to modify the associated DA with a local council prior to amending the controlled activity approval, for example, integrated developments.
  • If your approval has expired, you must first apply to extend a controlled activity approval
  • The application requires detailed information and supporting documents. A list of mandatory supporting documents is provided below. Read the controlled activity guidelines and have the required information ready before you start your application.
  • Applications to amend an existing controlled activity approval are lodged on the NSW Planning Portal by clicking the button below. You can also pay fees, upload additional information, and track your application’s progress.
  • For instructions on lodging your application on the NSW Planning Portal see: How to apply on the NSW Planning Portal

Mandatory supporting documents

You will need:

  • Copy of amended development consent or written confirmation from the local council confirming an amendment to the DA is not required
  • Owners consent
  • An amendment report detailing all proposed changes to the development on or effecting waterfront land
  • Amended plans annotating amendments. This may include:
    • Plans and reports prepared for Construction Certificate
    • Vegetation management plan
    • Drainage and stream works plans
    • Detailed stormwater outlet designs
    • Costing of works and security bonds where specified
  • Document comparing previously approved plans and amended plans
  • Refer to the controlled activity guidelines for support in preparing reports and plans

Application fees

Approval type Application fee Additional fees (if applicable)
Amend approval Part 4 $484 $156 per hour above 3 hrs assessment time
  • Fees are charged to cover the cost of assessing applications
  • Fees are calculated in the NSW Planning Portal based on your application type. Additional fees may also be needed. If this is the case, the department will notify you via email.
  • Application fees are non-refundable for change of mind or where an application is not granted or refused.
  • Find more information at:  Application fees

Assessment timeframe

Applications for a controlled activity approvals take up to 80 working days.

Find more information at: Assessment timeframes.

To check the status of an existing application for a controlled activity approval, if the assessment timeframe has passed, contact water.enquiries@dpie.nsw.gov.au.

How to amend a part 5 controlled activity approval

How to amend

  • An amendment may require you to modify the associated DA with a local council prior to amending the controlled activity approval, for example, integrated developments.
  • If your approval has expired, you must first apply to extend a controlled activity approval.
  • The application requires detailed information and supporting documents. A list of mandatory supporting documents is provided below. Read the controlled activity guidelines and have the required information ready before you start your application.
  • Applications to amend an existing controlled activity approval are lodged on the NSW Planning Portal by clicking the button below. You can also pay fees, upload additional information, and track your application’s progress.
  • For instructions on lodging your application on the NSW Planning Portal see: How to apply on the NSW Planning Portal

Mandatory supporting documents

You will need:

  • Owners consent
  • Written confirmation from the local council confirming a DA is not required
  • An amendment report detailing all proposed changes to the development on or effecting waterfront land
  • Amended plans detailing all proposed works on waterfront land including structures, drainage works, excavation, placement of fill, and vegetation removal
  • Amended plans identifying the location of waterfront land including identification of top of bank of the watercourse and the proximity of proposed activities
  • Refer to the controlled activity guidelines for support in preparing reports and plans

Application fees

Approval type Application fee Additional fees (if applicable)
Amend approval Part 5 $484 $156 per hour above 3 hrs assessment time
  • Fees are charged to cover the cost of assessing applications
  • Fees are calculated in the NSW Planning Portal based on your application type. Additional fees may also be needed. If this is the case, the department will notify you via email.
  • Application fees are non-refundable for change of mind or where an application is not granted or refused.
  • Find more information at:  Application fees

Assessment timeframe

Applications for a controlled activity approvals take up to 80 working days.

For information and how you can avoid delays visit assessment timeframes.

To check the status of an existing application for a controlled activity approval, if the assessment timeframe has passed, contact water.enquiries@dpie.nsw.gov.au to request an update.

Apply to amend

Surrender a controlled activity approval

Apply to surrender an existing controlled activity approval if:

  • works have been completed, and an extension of your approval is not required
  • works as specified by the approval have not commenced and will not be commencing.

About surrendering your controlled activity approval

By surrendering a existing controlled activity approval:

  • the approval is closed
  • you no longer have approval to continue or commence work on waterfront land
  • you cannot amend or extend a surrendered approval
  • you must lodge a new application and obtain a new existing controlled activity approval if you wish to continue or start work on waterfront land.

How to surrender your controlled activity approval

  • Applications to surrender a controlled activity approval are lodged on the Planning Portal by clicking the button below.
  • There is no application fee to surrender a controlled activity approval.
  • For instructions on lodging your application on the NSW Planning Portal see: How to apply on the NSW Planning Portal

Mandatory supporting documents

You will need:

  • Copy of controlled activity approval
  • Owners consent
  • Completion report confirming completion of all works as specified by the controlled activity approval
  • Photos of completed works on waterfront land

Assessment timeframes

Your application to surrender is completed as soon as it is lodged. The controlled activity approval status will be marked as 'surrendered' in the NSW Planning Portal.

Apply to surrender

Obtain sign-off for the completion of controlled activity works

Apply for sign-off of the completion of controlled activity approval works if:

  • a local council or private certifier require written sign-off from the department confirming all approved works have been completed in accordance with the conditions of the controlled activity approval, prior to the issue of a Subdivision or Occupation Certificate

How to apply for your completed works to be signed off?

  • You need a Completion Report, prepared by an ecologist, landscaper and/or civil works contractor, detailing the completion of all works specified by the controlled activity approval including photos of implemented works and watercourse rehabilitation
  • Lodge the Completion Report and any supporting documents to the department by email at water.enquiries@dpie.nsw.gov.au. Be sure to include the following:
    • subject title: Completion Sign-off - approval reference - address
    • your contact details in the email message
  • There is no application fee for a sign-off of completed works

Assessment timeframe

Applications are assessed within 80 working days.

Find more information at:  Assessment timeframes

Apply for a sign off

How to apply on the NSW Planning Portal

Applications for controlled activity approvals are submitted on the NSW Planning Portal. You can also pay fees, upload additional information, and track the progress of your application.

To submit your application, follow the steps below:

  • Register for a NSW Planning Portal account by visiting the NSW Planning Portal and clicking ‘My Account’.
  • Log in to the NSW Planning Portal
  • Select ‘DPE-Water-Controlled Activity Approval' from the drop-down menu
  • Press ‘Create New’
  • Select the type of application you need:
    • New approval
    • Amended approval
    • Extension approval
    • Surrender
    • Security bond release
  • Select ‘Start application’ using the button in the bottom right corner.

Go to Help with the NSW Planning Portal