New South Wales Consolidated Regulations

EUROBODALLA LOCAL ENVIRONMENTAL PLAN 2012 - REG 6.7

6.7 Riparian lands and watercourses

(1) The objective of this clause is to protect and maintain the following--

(a) water quality within watercourses,

(b) the stability of the bed and banks of watercourses,

(c) aquatic and riparian habitats,

(d) ecological processes within, and continuity and connectivity between, waterways and riparian areas.

(2) This clause applies to land identified as follows on the Riparian Lands and Watercourses Map and situated within the distances specified below in relation to the top of the bank of the watercourse concerned--

(a) Riparian Category 1 watercourse--40 metres,

(b) Riparian Category 2 watercourse--20 metres,

(c) Riparian Category 3 watercourse--10 metres.

(3) Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development--

(a) will cause any adverse impact on the following--

(i) water quality and flows within a watercourse,

(ii) aquatic and riparian species, habitats and ecosystems,

(iii) the stability of the bed, shore and banks of a watercourse,

(iv) the free passage of fish and other aquatic organisms within or along a watercourse,

(v) any future rehabilitation of the watercourse and riparian areas, and

(b) will increase water extraction from a watercourse.

(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 significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided by adopting feasible alternatives--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.