New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(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 and riparian habitats,(d) ecological processes within watercourses and riparian areas.
(2) This clause applies to all of the following--(a) land identified as "Riparian land" on the Riparian Lands and Watercourses Map ,(b) land identified as "Watercourse" on that map,(c) all land that is within 40 metres of the top of the bank of each watercourse on land identified as "Watercourse" on that map.
(3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider--(a) whether or not the development 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 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 riparian areas, and(b) whether or not the development is likely to increase water extraction from the watercourse, and(c) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(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--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.