New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 20B

20B Development (including clearing) on land within Bow Wow Creek Gorge Catchment and habitat corridors

(1) This clause applies to:

(a) land within Zone No 1 (bwc), and

(b) land shown by horizontal hatching on the map marked “ Cessnock Local Environmental Plan 1989 (Amendment No 80) ”.

(2) Despite any other provisions of this plan, clearing on land to which this clause applies may be carried out only with consent. However, any such clearing comprising the following may be carried out without consent:

(a) clearing for the purposes of air navigation safety,

(b) bush fire hazard reduction work carried out in accordance with the Rural Fires Act 1997 ,

(c) clearing for the purposes of land surveying or geotechnical or similar investigation,

(d) clearing of noxious weeds within the meaning of the Noxious Weeds Act 1993 ,

(e) the removal or trimming of trees in accordance with the Electricity Supply (General) Regulation 2001 or the Electricity Supply (Safety and Network Management) Regulation 2002 ,

(f) the removal or lopping of a tree or other vegetation by a roads authority in accordance with the Roads Act 1993 ,

(g) clearing for telecommunication supply purposes,

(h) clearing to give effect to development in accordance with consent,

(i) the removal of trees or parts of trees for use as fenceposts on the land from which they are removed,

(j) the slashing of vegetation to maintain lawfully cleared land.

(3) The Council must not consent to development on land to which this clause applies that involves clearing of native vegetation unless the Council is satisfied that the development cannot be appropriately carried out on other areas of the site that have already been cleared.

(4) The Council must not consent to clearing of native vegetation on land to which this clause applies unless it has considered any impact of that clearing on the following:

(a) the quality and quantity of water in the Bow Wow Creek Gorge Catchment,

(b) riparian vegetation,

(c) habitat values and habitat corridors,

(d) the visual amenity of Bow Wow Creek Gorge,

(e) slopes greater than 15 degrees,

(f) threatened species, populations or ecological communities (within the meaning of the Act),

(g) listed migratory species, listed threatened species or listed threatened ecological communities within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

(5) The Council must not consent to clearing of native vegetation on land to which this clause applies unless the conditions of that consent:

(a) require that an equivalent amount of native vegetation to the amount of native vegetation to be cleared be re-established and maintained on another part or parts of the site (being a part or parts of the site that, in the opinion of the Council, are strategic), and

(b) specify the composition of the native vegetation to be re-established and maintained, being a composition determined by the Council after consideration of Development Control Plan No 57-Bow Wow Creek Gorge Catchment and Habitat Corridors .

(6) Subclause (5) does not apply in relation to land that is fully vegetated with native vegetation.

Note: A person who receives consent from the Council to the clearing of native vegetation under this plan may not be relieved from obtaining authorisation under Acts other than the Environmental Planning and Assessment Act 1979 .