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MURRAY REGIONAL ENVIRONMENTAL PLAN NO 2--RIVERINE LAND - REG 13
Planning Control and Consultation Table
13 Planning Control and Consultation Table
(1) The Planning Control and Consultation Table at the end of this clause
deals with development defined in that Table, but does not apply to
development that may be carried out without consent because of State
Environmental Planning Policy No 52--Farm Dams and Other Works in Land and
Water Management Plan Areas .
(2) Under Planning control -- (a)
"Council consent" means that the development may only be carried out with the
consent of the relevant council. Note : This paragraph does not allow consent
to be granted to development prohibited by another environmental planning
instrument, see clause 5 (3).
(b)
"Prohibited" means the development must not be carried out (either generally
or only in the circumstances specified).
(c)
"Advertised" means that an application for development consent must be
advertised (in which case, the provisions of sections 84, 85, 86, 87 (1) and
90 of the Act apply in the same way as they do to designated development).
(d)
"Designated development" means that the development is declared to be
designated development for the purposes of the Act.
(3) Under Consultation,
the names of the agencies to be consulted are listed.
(4) Under Specific
matters for consideration, matters are listed for consideration by the consent
authority when determining a development application or (if consent is not
required) by the public authority or person concerned before carrying out the
development.
Planning Control and Consultation Table 1 ARTIFICIAL LAKE
Definition-- A constructed water body such as an artificial wetland, but does
not include dams of less than 1 hectare in surface area used for agricultural
purposes or land flood irrigated for agriculture.
Planning control-- *
Council consent.
* Advertised.
Consultation-- DWR, EPA and MDBC.
Specific
matters for consideration-- Potential for artificial water bodies to have an
effect on the watertable.
2 AQUACULTURE Definition-- The farming of aquatic
organisms including fish, molluscs, crustaceans and aquatic plants for
commercial purposes and which requires intervention in the rearing process to
enhance production, whether or not undertaken in a natural or an artificially
created body of water.
Planning control-- * Council consent.
* Advertised.
Consultation-- DWR, EPA, MDBC and NSW Fisheries.
Note : Applications for
development consent for aquaculture may need to be accompanied by detailed
information about different aspects of the proposal. To avoid delays,
applicants should contact each of the agencies to be consulted by the council
before submitting a development application to the council.
3 BANK AND/OR BED
WORK Definition-- Works which relate to the excavation, dredging or alteration
to the alignment or shape of the bank or bed of the River Murray (including
construction of weirs and floodgates, boat ramps and bank stabilisation
works).
Planning control-- * Council consent (except work by or for DWR or
RWC (Vic)).
* Advertised (except work by or for DWR or RWC (Vic)).
Consultation-- CaLM, DWR, EPA, MDBC, MSB, NSW Fisheries and, if adjacent to
Murray River, C&NR (Vic).
4 BOAT INDUSTRY FACILITY Definition-- Buildings,
structures or facilities used for the construction, maintenance, repair,
temporary storage or sale of boats and other vessels, but does not include a
large or small marina.
Planning control-- * Council consent.
* Advertised.
Consultation-- CaLM, DWR, EPA, MDBC, MSB and NSW Fisheries.
5 CANAL
DEVELOPMENT Definition-- The construction of an artificial navigable waterway.
Planning control-- * Council consent.
* Advertised.
Consultation-- CaLM,
DoP, DWR, EPA, MDBC, MSB, NSW Fisheries and, if adjacent to Murray River, C&NR
(Vic) and P&D (Vic).
Note : A direction under section 101 of the Act requires
applications for consent to private canal development to be referred to the
Minister for Planning for determination.
6 CARAVAN PARK/CAMPING GROUND
Definition-- Use of land for caravans or other moveable dwellings requiring an
approval under Part 1 of Chapter 7 of the Local Government Act 1993 .
Planning control-- * Council consent.
* Advertised.
Consultation-- CaLM,
DoP, DWR, EPA, MDBC and NSW Tourism Commission and, if adjacent to the Murray
River, C&NR (Vic) and any adjacent Victorian local council.
Specific matters
for consideration-- * Permanent facilities, such as rigid caravan annexes,
amenity blocks and long term sites, should not be on flood liable land.
* In
riverfront locations, pedestrian access to the River Murray should be
restricted to constructed pathways and a vegetated strip of river frontage
should be retained as a buffer between the River and camping/caravan sites and
amenities.
* Vehicular access to the River Murray should be at boat launching
ramps only.
7 CHEMICAL, FUEL OR FERTILISER STORAGE ON FLOOD LIABLE LAND
Definition-- Flood liable land used for chemical, fuel or fertiliser storage.
Planning control-- Council consent.
Consultation-- DWR, EPA and MDBC.
8
DESNAGGING OPERATIONS (INCLUDING SNAG MAINTENANCE) Definition-- Any work to
move or remove either trees or woody debris from the water of the River
Murray, other than work which is part of an MDBC approved program.
Planning
control-- Note : Refer to local planning instrument for any planning controls.
Consultation-- CaLM, DWR, MDBC, MSB, NSW Fisheries, PWD and, if adjacent to
Murray River, C&NR (Vic). However, if the snag represents a hazard or is
causing a significant obstruction or diversion to the flow of water and urgent
removal is considered necessary, consultation with MDBC only required.
Note :
An MDBC approved program is a component of broader management plans of the
MDBC to fulfil its responsibility for the conservation and protection of the
aquatic and riverine environment of the River Murray. Such a program is
developed and approved through an interstate committee convened by the MDBC
and comprised of representatives from relevant agencies in each State,
including consultation with fisheries agencies.
9 DESTRUCTION OF NATIVE
VEGETATION Definition-- The clearing, logging, removal or damaging of any
species of trees and shrubs that are indigenous to the River Murray floodplain
and that are on land shown on the map as native vegetation.
Planning
control-- Council consent, unless it constitutes any of the following forms of
vegetation destruction-- (a) destruction of native vegetation on protected
land as defined under the Soil Conservation Act 1938 ,
(b) destruction of
native vegetation in the Western Division (i.e. where Schedule 3 to the
Crown Land Management Act 2016 applies),
(c) destruction of native
vegetation on Crown timber land which is Crown land greater than 2 hectares in
size supporting merchantable timber,
(d) destruction of vegetation in
accordance with forestry operations duly authorised by the Forestry
Commission,
(e) destruction of native vegetation undertaken in accordance
with a Vegetation Management Plan for the land, Note : A Vegetation Management
Plan for land within the area of a council should be made available for public
inspection at the office of the council.
(f) destruction of native vegetation
that is unavoidable in the destruction of noxious plants provided that the way
in which the noxious plants are destroyed does not involve disturbance of the
soil,
(g) destruction of native vegetation for the purpose of maintenance of
access tracks, fences, domestic and farm buildings, and corridors for existing
utilities,
(h) lopping or pruning of native vegetation for use as fodder in
times of declared drought or after flood or fire,
(i) destruction of native
vegetation within 3 metres of a property boundary provided the adjoining
property is owned by a different person and the vegetation destruction is
required to build or maintain a fence,
(j) destruction of native vegetation
within 0.5 metres of a property boundary where the vegetation destruction is
required to enable a survey to be carried out by a registered surveyor.
Consultation-- CaLM, Forestry Commission, MDBC and NPWS.
Specific matters for
consideration-- * whether the development would contribute to soil erosion or
other land degradation processes, including rising watertables.
* the effect
of the development on the landscape.
* the potential loss of wildlife
habitat.
* whether the development would endanger the species of vegetation,
either locally or across its range.
Note : Although the destruction of
vegetation on protected land ( Soil Conservation Act 1938 ), Crown timber land
( Forestry Act 1916 ) or in the Western Division ( Western Lands Act 1901 )
is exempt from the requirement to obtain development consent, approval may
still be required from the organisation administering the relevant legislation
for the damage or destruction of ANY vegetation.
For protected land and land within the Western Division, approval may be
needed from CaLM. The destruction of vegetation on Crown timber land may
require an approval from the Forestry Commission.
For controls on destruction of native vegetation in wetlands, see item 30 of
this Table.
10 FLOOD CONTROL WORKS Definition-- Works which change the
natural or existing condition or topography of land (such as the construction
or alteration of levees, channels and mounds) and which are likely to affect
the hydrology of the River Murray system.
Planning control-- * Council
consent (except work by or for DWR or RWC (Vic)).
* Advertised (except work
by or for DWR or RWC (Vic)).
Consultation-- DWR, MDBC (as co-ordinator of the
Interstate Levees Committee) and the appropriate council's Floodplain
Management Committee (if any).
11 HAZARDOUS OR OFFENSIVE, OR POTENTIALLY
HAZARDOUS OR OFFENSIVE, INDUSTRIES Definition-- Use of land for a hazardous or
offensive (or a potentially hazardous or offensive) industry.
Planning
control-- * Prohibited on flood liable land.
* Council consent elsewhere.
*
Advertised.
Consultation-- CaLM, DoP, DWR, EPA and MDBC.
12 HAZARDOUS OR
OFFENSIVE STORAGE ESTABLISHMENT Definition-- Use of land for a hazardous or
offensive storage establishment.
Planning control-- * Prohibited on flood
liable land.
* Council consent elsewhere.
* Advertised.
Consultation--
CaLM, DoP, DWR, EPA and MDBC.
13 HOUSEBOAT OPERATIONS Definition-- Commercial
operation of a vessel for use as a residence.
Planning control-- * Council
consent.
* Advertised.
Consultation-- CaLM, EPA, MDBC, MSB and, if adjacent
to Murray River, C&NR (Vic).
Specific matters for consideration-- *
Development for houseboat operations must have adequate shore based pump-out
facilities available to it.
* Private and commercial houseboat related
development should be located in waterways not comprising the main channel of
the Murray River.
14 INDUSTRY Definition-- The manufacturing, assembling,
altering, repairing, renovating, ornamenting, finishing, cleaning, washing,
dismantling, processing or adapting of any goods or articles for commercial
purposes (other than development referred to elsewhere in this Table).
Planning control-- * Council consent.
* Advertised.
Consultation-- MDBC and
such other agencies who may be affected as the council considers appropriate.
15 INTENSIVE LIVESTOCK KEEPING Definition-- Use of land for holding cattle,
sheep, goats, poultry or other livestock for the purposes of nurturing by a
feeding method other than natural grazing, including-- (a) feed lots,
(b)
piggeries, and
(c) poultry farms,
but not an animal boarding or training
establishment or land used for the keeping of livestock or poultry intended
solely for personal consumption or enjoyment by the owner or occupier of the
land, or intensive hand feeding of livestock as a result of drought, flood,
bushfire or other natural disaster.
Planning control-- * Prohibited on flood
liable land.
* Council consent elsewhere.
* Advertised.
Consultation--
CaLM, DoP, DWR, EPA MDBC and NSW Agriculture.
Note : Schedule 3 of the EPA
Regulation 1980 requires the preparation of an environmental impact statement
for some forms of intensive livestock keeping. Refer also to State
Environmental Planning Policy No 30--Cattle Feedlots and to DoP Circular No
23.
16 LANDFILL Definition-- Sites used for the collection and disposal of
industrial, trade or human waste (other than development referred to elsewhere
in this Table).
Planning control-- * Prohibited on flood liable land.
*
Council consent elsewhere.
* Advertised.
Consultation-- CaLM, DWR, EPA, MDBC
and NSW Agriculture.
17 MAINTENANCE DREDGING Definition-- The winning or
removal of extractive material from the bed of the River Murray by or for a
public authority for the purpose of obtaining sufficient width and depth in
the waterway to enable the waterway to continue to function-- (a) as a channel
for the escape or passage of water, or
(b) as a safe navigation route for
travel or transport by water,
but does not include bank or bed works.
Planning control-- Note : Refer to local planning instrument for any planning
controls.
Consultation-- CaLM, DWR, EPA, MDBC, MSB, the relevant NSW local
council and, if adjacent to Murray River, C&NR (Vic).
18 MANUFACTURED HOME
ESTATES Definition-- Use of land for manufactured homes requiring an approval
under Part 1 of Chapter 7 of the Local Government Act 1993 .
Planning
control-- * Prohibited on flood liable land.
* Council consent elsewhere.
*
Advertised.
Note : Refer to State Environmental Planning Policy No
36--Manufactured Home Estates .
Consultation-- CaLM, DoP, DWR, EPA, MDBC, NSW
Tourism Commission, and, if adjacent to Murray River, C&NR (Vic) and P&D
(Vic).
19 MARINA (LARGE) Definition-- A pontoon, jetty, pier or the like,
capable of providing berths for 10 or more boats used for pleasure or
recreation, and extends to any support facilities such as-- (a) any associated
slipways or facilities for the repair, maintenance and fuelling of, or the
provision of accessories and parts for, boats, and
(b) any associated
facilities for the storage or provision of food.
Planning control-- * Council
consent.
* Designated development.
Consultation-- CaLM, DoP, DWR, EPA, MDBC,
MSB, NSW Fisheries and, if adjacent to Murray River, C&NR (Vic) and P&D (Vic).
20 MARINA (SMALL) Definition-- A pontoon, jetty, pier or other structure or
apparatus used or intended to be used to provide berths for boats, and extends
to any support facilities on the adjoining area of land, but not development
defined as a marina (large).
Planning control-- * Council consent.
*
Advertised.
Consultation-- CaLM, DWR, EPA, MDBC, MSB, NSW Fisheries and, if
adjacent to Murray River, C&NR (Vic).
21 PUBLIC UTILITY UNDERTAKING
Definition-- Any of the following undertakings carried on by or for a public
authority that is likely to significantly affect the environment-- rail, road
or water transport,
wharfs,
telecommunications,
supply of water,
electricity or gas or provision of sewerage or drainage services.
Planning
Control-- Note : Refer to local planning instrument for any planning controls.
Consultation-- MDBC, the relevant NSW local council and such other agencies
who may be affected as the authority considers appropriate.
22 RECREATION
FACILITY ADJOINING RIVER MURRAY OR ON FLOOD LIABLE LAND Definition-- A
building, work or place, adjoining the River Murray or on flood liable land,
used for sporting activities, recreation or leisure activities, whether or not
operated for the purpose of gain, but not a building, work or place referred
to elsewhere in this Table.
Planning control-- * Council consent.
*
Advertised.
Consultation-- MDBC and such other agencies who may be affected
as the council considers appropriate.
Specific matters for consideration--
Recreational facilities should not obstruct, alienate or pollute the river.
23 RURAL INDUSTRY Definition-- A business development involving-- (a) the
handling, treating, processing or packing of primary products, or
(b) the
regular servicing or repairing of plant or equipment used for the purpose of
agriculture or aquaculture or for the purpose referred to in paragraph (a).
Planning control-- * Council consent.
* Advertised.
Consultation-- EPA, MDBC
and NSW Agriculture.
24 SEWAGE TREATMENT WORKS Definition-- Works or land
used for the collection, treatment and disposal of sewage by or for a public
authority.
Planning control-- Note : Refer to local planning instrument for
any planning controls.
Consultation-- CaLM, DoP, DWR, EPA, MDBC, NSW
Agriculture, NSW Fisheries, the relevant NSW local council and, if adjacent to
Murray River, P&D (Vic).
Specific matters for consideration-- Disposal of
treated sewage on land is desirable.
Note : Sewage treatment works have a
potential to significantly affect the environment. The need for an
environmental impact statement under Part 5 of the Act should therefore be
carefully considered.
25 SINGLE MOORING Definition-- A berth or apparatus
located on or in the River Murray (but not in a grouped mooring area
identified in a River Management Plan) which may be used for the purpose of
storing only one vessel.
Planning control-- * Council consent.
* Advertised.
Consultation-- Adjoining landowners, CaLM, DWR, MDBC, MSB, NSW Fisheries and,
if adjacent to Murray River, C&NR (Vic).
Note : This development may require
an occupation licence issued by the MSB and may also require a lease issued by
CaLM.
26 STORMWATER DRAINAGE SCHEME Definition-- Works designed to collect,
channel, store, treat or disperse stormwater runoff from areas of urban
development or from development adjacent to the River Murray. Untreated
stormwater is water which has not been subjected to measures designed to
reduce litter, suspended solids, nutrients or other substances which
contribute to a decline in the quality of water in the River Murray system.
Planning control-- * Disposal of untreated stormwater into the River Murray
system is prohibited.
* Council consent otherwise.
* Advertised.
Consultation-- CaLM, DWR, EPA, MDBC and NSW Fisheries.
Specific matters for
consideration-- * Wherever practical, the disposal of treated stormwater into
the River Murray system should be avoided.
* Stormwater disposal should not
contribute to a decline in the quality of any receiving waters.
Note : The
suitability of treatment measures will depend on the characteristics of the
individual catchments but may include one or more of the following-- •
artificial wetlands,
• detention basins,
• grassed drainage lines
and table drains,
• trash racks,
• booms.
Early contact with EPA
should help identify the stormwater measures appropriate to the circumstances.
27 TOURIST RELATED FACILITY Definition-- An establishment, place or vessel
which provides for either accommodation or entertainment or food or beverage
and which is permanently fixed in or on the River Murray or is on land
adjacent to the River Murray.
Planning control-- * Prohibited if in or on the
River Murray.
* Council consent elsewhere.
* Advertised.
Consultation--
CaLM, EPA, MDBC, NSW Tourism Commission and, if adjacent to Murray River, C&NR
(Vic) and P&D (Vic).
Specific matters for consideration-- * Tourist
facilities should not obstruct, alienate or pollute the River Murray.
*
Development catering for recreational needs is to be designed with adequate
environmental protection safeguards, including-- (a) rehabilitation of
degraded land,
(b) provision of infrastructure such as water supply,
sewerage, and stormwater drainage, and
(c) provision of appropriate
landscaping.
28 WASTE DISPOSAL FACILITY Definition-- Any plant, equipment,
apparatus, device, machine, mechanism or land used for the collection and
disposal of industrial, trade or human waste, including a pump ashore
facility, package sewage treatment works, waste transfer depot or junk yard. A
dry toilet, septic tank, sewage treatment works or development referred to
elsewhere in this Table is excluded.
Planning control-- * Council consent.
*
Advertised.
Consultation-- CaLM, DWR, EPA and MDBC.
29 WATER RECREATION
FACILITY Definition-- Piers, wharves, boat sheds or other structures which
have a direct structural connection between the bank or the bed of the River
Murray and which are used primarily for public recreational purposes.
Planning control-- * Council consent.
* Advertised.
Consultation-- CaLM,
DWR, MDBC, MSB, NSW Fisheries, PWD and, if adjacent to Murray River, C&NR
(Vic).
30 WETLAND FILLING, DREDGING, DRAINING OR CLEARING
Definition-- Filling, dredging, draining or destruction of native vegetation
on land shown on the map as "wetlands". Note : The land forms a shallow water
body when inundated cyclically, intermittently or permanently. The type of
inundation determines the type and productivity of soils, plant and animal
communities.
Planning control-- * Council consent. Consent is not required to
the following forms of destruction of native vegetation-- (a) destruction of
native vegetation on protected land as defined under the Soil Conservation
Act 1938 ,
(b) destruction of native vegetation in the Western Division (i.e.
where Schedule 3 to the Crown Land Management Act 2016 applies),
(c)
destruction of native vegetation on Crown timber land which is Crown land
greater than 2 hectares in size supporting merchantable timber,
(d)
destruction of vegetation in accordance with forestry operations duly
authorised by the Forestry Commission,
(e) destruction of native vegetation
undertaken in accordance with a Vegetation Management Plan for the land, Note
: A Vegetation Management Plan for land within the area of a council should be
made available for public inspection at the office of the council.
(f)
destruction of native vegetation that is unavoidable in the destruction of
noxious plants provided that the way in which the noxious plants are destroyed
does not involve disturbance of the soil,
(g) destruction of native
vegetation within 3 metres of a property boundary provided the adjoining
property is owned by a different person and the vegetation destruction is
required to build or maintain a fence,
(h) destruction of native vegetation
within 0.5 metres of a property boundary where the vegetation destruction is
required to enable a survey to be carried out by a registered surveyor.
*
Advertised.
Consultation-- CaLM, EPA, DWR, MDBC, DoP, NSW Agriculture, NSW
Fisheries and NPWS.
Note : For information about clearing other than on
wetlands, see item 9 of this Table.
31 WETLAND SUBDIVISION
Definition-- Subdivision of land shown on the map as "wetlands".
Planning
control-- * Council consent.
* Advertised.
Consultation-- CaLM, EPA, DWR,
MDBC, DoP, NSW Agriculture, NSW Fisheries and NPWS.
Specific matters for
consideration-- * The intended use of the land and its likely effect on the
wetland.
* The need to impose conditions relating to-- subdivision design;
effluent disposal; the retention or planting of a vegetated buffer; and
fencing to exclude stock or vermin.
Note : Management of wetland is an
important issue for consent. Subdivision which increases the number of owners
of a wetland may make management more difficult. For additional information
about clearing, see item 9 of this Table.
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