New South Wales Consolidated Regulations

BYRON LOCAL ENVIRONMENTAL PLAN 2014 - REG 6.4

6.4 Floodplain risk management

(1) The objectives of this clause are as follows--

(a) in relation to development with particular evacuation or emergency response issues, to enable evacuation of land subject to flooding above the flood planning level,

(b) to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.

(2) This clause applies to--

(a) land between the flood planning area and the level of the probable maximum flood, and

(b) land surrounded by the flood planning area,

but does not apply to land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

(3) Development consent must not be granted to development for the following purposes on land to which this clause applies unless the consent authority is satisfied that the development will not, in flood events exceeding the flood planning level, affect the safe occupation of, and evacuation from, the land--

(a) caravan parks,

(b) correctional centres,

(c) emergency services facilities,

(d) group homes,

(e) hospitals,

(f) residential care facilities,

(g) tourist and visitor accommodation.

(4) In this clause--

"flood planning area" means the area of land at or below the flood planning level.

"flood planning level" means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

"probable maximum flood" has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in 2005.

Note : The probable maximum flood is the largest flood that could conceivably occur at a particular location, usually estimated from probable maximum precipitation.