New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 2.9

2.9 Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this Plan,
"canal estate development" means development that involves--

(a) a constructed canal, or other waterway or waterbody, that--

(i) is inundated by surface water or groundwater movement, or

(ii) drains to a waterway or waterbody by surface water or groundwater movement, and

(b) the erection of a dwelling, and

(c) one or both of the following--

(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

(ii) excavation to create a waterway.

(3) Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is--

(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

(b) limited to the minimum reasonable size and capacity.

(4) In this clause--

"flood planning area" has the same meaning as in clause 5.21.