New South Wales Consolidated Regulations

MAITLAND LOCAL ENVIRONMENTAL PLAN 2011 - REG 7.4

7.4 Riparian land 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 riparian habitats,

(d) ecological processes within watercourses and riparian areas.

(2) This clause applies to--

(a) land identified as "Watercourse land" on the Watercourse Map , and

(b) all land that is within 40 metres of the top of the bank of a watercourse identified as "Watercourse land" on the Watercourse Map .

(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) is likely to have any adverse impact on the following--

(i) the water quality and flows within the watercourse,

(ii) aquatic and riparian species, habitats and ecosystems of the watercourse,

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

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

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

(b) is likely to increase water extraction from the 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.