New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 58

58 Development of flood liable land

(1) Subject to subclause (2), the Council shall not consent to an application to carry out development on land which, in its opinion, is flood liable land.

(2) The Council may consent to an application to carry out development on flood liable land if:

(a) the development is for a purpose ancillary or incidental to the use of land for the purpose of agriculture, or

(b) a statement of environmental effects or an environmental impact statement indicates that the development would not be contrary to the public interest, or

(c) the development comprises the extension or alteration of an existing dwelling-house, or

(d) the land is in any urban zone under this plan.

(3) In considering an application to which subclause (2) applies, the Council shall make an assessment of:

(a) the likely levels, velocity, sedimentation and debris carrying effects of flooding, and

(b) the structural sufficiency of any building the subject of the application and its ability to withstand flooding, and

(c) the effect which the development, if carried out, will or is likely to have on the flow characteristics of floodwaters, and

(d) whether or not access to the site will be possible during a flood, and

(e) the likely increased demand for assistance from emergency services during a flood.

(4) In considering an application for consent required by this clause, the Council may set flood levels, and in granting such a consent it may require filling, structural changes or additions or such other measures to reduce the effects of flooding or to assist in emergency situations as it considers appropriate.