New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - REG 5.18

5.18 Intensive livestock agriculture

(1) The objectives of this clause are--

(a) to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and

(b) to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.

(2) This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.

(3) In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration--

(a) the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,

(b) the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,

(c) the potential for the pollution of surface water and ground water,

(d) the potential for the degradation of soils,

(e) the measures proposed to mitigate any potential adverse impacts,

(f) the suitability of the site in the circumstances,

(g) whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,

(h) the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.

(4) Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if--

(a) the development is of a type specified in subclause (5), and

(b) the consent authority is satisfied that the development will not be located--

(i) in an environmentally sensitive area, or

(ii) within 100 metres of a natural watercourse, or

(iii) in a drinking water catchment, or

(iv) within 500 metres of any dwelling that is not associated with the development, or a residential zone, or

(v) for a poultry farm used for breeding poultry--within 5km of another poultry farm, or

(vi) for a poultry farm not used for breeding poultry--

(A) within 5km of a poultry farm used for breeding poultry, or

(B) within 1km of a poultry farm not used for breeding poultry, or

(vii) for a pig farm--within 3km of another pig farm.

(5) The following types of development are specified for the purposes of subclause (4)--

(a) a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,

(b) a goat feedlot having a capacity to accommodate fewer than 200 goats,

(c) a sheep feedlot having a capacity to accommodate fewer than 200 sheep,

(d) a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),

(e) a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,

(f) a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).

(6) For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.

(7) In this clause--

"environmentally sensitive area" has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .

"residential zone" means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E3 Productivity Support, Zone MU1 Mixed Use, Zone C3 Environmental Management or Zone C4 Environmental Living.