Moorings Review of Environmental Factors

Transport for NSW (Transport) has a statutory responsibility to consider the impacts of its developments and activities on the environment.

To fulfill this responsibility, when Transport is proposing to authorise such an activity, Transport examines and assesses the potential environmental impacts of a proposed activity on the environment in accordance with Division 5.1 of the Environmental Planning and Assessment Act (1979). This assessment is commonly referred to as a Review of Environmental Factors (REF).

When it is undertaken in respect of moorings, it includes the assessment of factors such as the proposed location, type and size of the vessel and the sensitivity of the environment to ensure it is appropriate and that any impacts are avoided or mitigated accordingly. 

Moorings are regulated by Transport under the licensing framework in the Ports and Maritime Administration Act 1995, and mooring placement and use is assessed under the planning framework as development permitted without consent under the State Environmental Planning Policy (Transport and Infrastructure) 2021.  

When Transport conducts or authorises an activity permitted without development consent, Transport is required to examine and take into account all matters affecting or likely to impact on the environment before conducting or approving the activity (including granting a licence for a proposed mooring). 

The REF is the document in which Transport carries out a review of impacts to the environment and assesses whether any impacts can be mitigated to an acceptable level for the activity to proceed.   
 

Transport is required to complete the REF before it can authorise the following mooring-related activities:

• applications for licences for new mooring locations
• transfer of existing mooring licences to new licensees including on-selling mooring apparatus
• relocation of an existing mooring apparatus to a new site
• change of vessel associated with an existing mooring.

Where the REF identifies the mooring is likely to significantly affect the environment and the impacts are unable to be mitigated, Transport must then prepare an Environmental Impact Statement.

It is Transport’s policy that should a significant impact be likely, the mooring licence would not be installed and (if possible) an appropriate alternative site would be identified. 

Transport completes an REF during the site allocation process, where changes are made to the moored vessel, apparatus or licence. Transport may also be required to complete a REF for other environmental or legislative reasons.

The REF continues to apply to an existing mooring or vessel which is already licensed until the licence is cancelled, however Transport many need to complete an addendum REF in certain circumstances e.g. where there has been a significant change to the locality, on a case-by-case basis.

Mooring licence conditions require a person to seek approval from Transport to change the vessel associated with the mooring. Customers with an existing mooring should contact Transport before purchasing a vessel to ensure that it can be moored at the same site. 

Transport will review and assess each application on its particulars, including any potential impacts to the safety of navigation, the amenity of the area or the environment, when considering the replacement vessel. Transport is required to complete a REF prior to approving a change of vessel. 

Transport is required to conduct a REF as a part of the transfer process to ensure that the site remains appropriate for use, the proposed vessel is still suitable for the mooring and location, or if additional requirements need to be imposed due any change in conditions since the site was previously licensed for the vessel.

Customers should contact Transport before purchasing a vessel to ensure that it will be able to be moored at the same site, or to discuss options to relocate the vessel/mooring where the mooring site is no longer suitable.

Transport will complete a REF as a part of the site allocation process. Customers will be sent an autogenerated email and SMS and offered a site when a suitable site in the chosen area as a mooring becomes available. 

Customers should identify an appropriate storage location prior to purchasing a vessel, as a mooring licence will only be granted where the vessel and site are suitable.

Factors that are considered include but are not limited to:

• environmental and heritage constraints
• navigational risks
• safety issues (such as whether the vessel/mooring is suitable for the depth and swing room available). 

These factors are assessed during the REF process.

Where a mooring licence cannot be granted for a site, Transport will assist the customer with identifying an appropriate alternative site (where possible). Where an appropriate mooring site is unable to be located, the customer is responsible for securing an alternate site for storage of the vessel.

(Note: For customers on a wait list – if the site available is unsuitable for the vessel, the customer may retain their position on the wait list until a suitable site becomes available).