New South Wales Consolidated Regulations

CAMPBELLTOWN (URBAN AREA) LOCAL ENVIRONMENTAL PLAN 2002 - REG 39

39 Earthworks and preservation of trees

(1) Land within the City of Campbelltown must not be cleared, filled or excavated otherwise than in accordance with a consent or an approval granted by the consent authority for any purpose, including:

(a) the construction of a dam, and

(b) the removal of trees or other vegetation, and

(c) the removal of sand, soil or bush rock.

(2) Consent must not be granted to the filling of land unless the consent authority is satisfied that:

(a) the landfill is required for the reasonable economic use of the land or for the provision of any utility service, and

(b) appropriate measures are proposed to ensure that there will be no adverse impact on any waterway or private or public property, and

(c) the landfill will not adversely affect flow characteristics, flood behaviour or water quality or promote erosion, and

(d) the landfill contains only virgin excavated natural material (such as clay, gravel, sand, soil or rock) that:

(i) is not mixed with any other type of waste, and

(ii) has been excavated from areas of land that are not contaminated with human-made chemicals as a result of industrial, commercial, mining or agricultural activities, and

(iii) does not contain sulphidic ores or soils, and

(e) in the case of proposals to fill any swamp or wetland, the ecological and nutrient trapping values of the site have been assessed.

(3) A tree must not be cut down, lopped, ringbarked, injured or destroyed without development consent.

(4) Subclause (3) does not apply to or in respect of:

(a) the pruning of any tree for the purpose of its regeneration or ornamental shaping, or

(b) the pruning or removal of any tree in accordance with an approval granted by the Council.

(5) Nothing in this plan prevents the granting of consent for the removal of any tree that:

(a) needs to be removed for the purpose of creating a fire protection zone to protect a dwelling house erected in accordance with a consent granted before the appointed day, or

(b) is, in the opinion of the consent authority, a danger to any such dwelling house.