New South Wales Consolidated Regulations

BELLINGEN LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.4

7.4 Water

(1) The objective of this clause is to maintain the hydrological functions of riparian land waterways and aquifers, including protecting--

(a) water quality, and

(b) natural water flows, and

(c) the stability of the bed and banks of waterways.

(2) This clause applies to the following land--

(a) land identified as "Watercourses-tidal" or "Waterway" on the Natural Resources Sensitivity--Water Map ,

(b) land within 50 metres of land in Zone W1 Natural Waterways or W2 Recreational Waterways,

(c) land within 50 metres of the bank or shore (measured horizontally from the top of the bank or shore) of any waterway identified on the Natural Resources Sensitivity--Water Map .

(3) Before determining a development application for land to which this clause applies, the consent authority must consider any adverse impact from the proposed development on the following--

(a) the water quality of receiving waters,

(b) the natural flow regime,

(c) the natural flow paths of waterways,

(d) the stability of the bed, shore and banks of waterways.

(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that--

(a) the development is designed, sited and will be managed to avoid any adverse environmental impact, or

(b) if that impact cannot be avoided--the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised--the development will be managed to mitigate that impact.