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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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