New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 7.20

7.20 Development on environmentally sensitive land

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

(a) to ensure that adverse impacts of development on environmentally sensitive land are minimised or offset,

(b) to ensure that the location of development on environmentally sensitive land is appropriate having regard to the management of bush fire or flood risk and achieving biodiversity outcomes.

(2) This clause applies to land identified as "Environmentally sensitive land" on the Environmentally Sensitive Land Map .

(3) When assessing a development application for development on land to which this clause applies, the consent authority must consider--

(a) whether the development will have an adverse impact on the condition and significance of the vegetation on the land, and

(b) the importance of that vegetation to the growth and survival of native fauna, and

(c) whether the development has the potential to fragment, disturb or diminish the biodiversity values of the land, and

(d) whether the development is likely to be adversely affected by an environmental hazard, such as a bush fire or flooding.

(4) Before granting development consent to development on land to which this clause applies, the consent authority must be satisfied that--

(a) the development is sited, designed and managed to avoid potential adverse environmental impacts and potential environmental hazards, such as a bush fire or flooding, or

(b) if an impact cannot be avoided by adopting feasible alternatives, the development will mitigate, minimise or offset that impact.