New South Wales Consolidated Regulations

ARMIDALE DUMARESQ LOCAL ENVIRONMENTAL PLAN 2008 - REG 49

49 Remediation of land at former gasworks site and adjoining land, Armidale

(1) This clause applies to land bound by Beardy Street, Jessie Street, Allingham Street and Dumaresq Street and Dumaresq Creek, comprising Lots 13 and 14, DP 574307, Lots 11-13, DP 251514, Lots 2-5 and 11, DP 25398, Lot 12, DP 567720, Lots 18 and 19, DP 594665 and Lots 21-23, DP 621344 ( "the former gasworks site").

(2) In this clause, a reference to the "remediation strategy" for the land is a reference to the remediation strategy for contaminated land at the former gasworks site and adjoining land for which consent has been granted and that comprises construction of a containment cell over the former gasworks site and capping of the residue of the land.

(3) Despite any other provision of this Plan, consent is required for development that would result in penetration of the capping layer installed over Lots 13 and 14, DP 574307, Lots 11-13, DP 251514 and Lots 2-5, DP 25398 as part of the remediation strategy for the land.

(4) Consent must not be granted to development referred to in subclause (3) unless the consent authority has taken into consideration the impact of carrying out the development on human health and the environment resulting from the disturbance or exposure to potentially contaminated land on the site.

(5) Despite any other provision of this Plan, development that would penetrate the containment cell erected, as part of the remediation strategy, on Lot 11, DP 25398, Lot 12, DP 567720, Lots 18 and 19, DP 594665 and Lots 21-23, DP 621344 is prohibited.

(6) Development referred to in subclause (5) does not include repair, maintenance or contingency works that are part of the remediation strategy for the land.