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ARMIDALE DUMARESQ LOCAL ENVIRONMENTAL PLAN 2008 - REG 39
Development on land in riparian buffer areas
39 Development on land in riparian buffer areas
(1) In this clause, a
"riparian buffer area" means land: (a) within 50 metres of a permanent
waterbody, or
(b) within 20 metres of an intermittent waterbody.
(2) Consent
must not be granted to carry out development on land in a riparian buffer
area, unless the consent authority is satisfied that adequate measures have
been, or will be, taken to offset the likely effects of the development on
stream bank instability, stream water quality and aquatic habitat.
(3)
Adequate measures referred to in subclause (2) include (if practicable): (a)
retention of endemic vegetation,
(b) new plantings comprising endemic
riparian vegetation, including emergent vegetation,
(c) replacing exotic
vegetation with endemic vegetation,
(d) protecting instream vegetation,
including trees, snags, macrophytes and algae,
(e) keeping hard surfaces,
such as cycle ways and footpaths, to a minimum and constructing these surfaces
from permeable material, and
(f) staging development so that improvements to
the riparian buffer areas are in place and acting to minimise erosion and
runoff prior to carrying out the remainder of the development.
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