New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 58A

58A Riparian corridors

(1) The objectives of this clause are as follows:

(a) to protect streams, rivers, estuaries and wetlands and allow them to retain their natural hydrological and geomorphological regime and to continue to function as diverse natural ecosystems,

(b) to maintain stream and riverbank stability and protect land from erosion,

(c) to conserve and protect aquatic and remnant natural terrestrial habitats and vegetation communities within riparian corridors,

(d) to restore degraded habitats and maintain vegetation communities within riparian corridors,

(e) to restore and maintain the functioning of riparian corridors as refuge areas,

(f) to conserve and protect Aboriginal heritage.

(2) In considering an application for consent for development on land within Zone No 1 (a), 7 (b), 7 (b1), 7 (d), 7 (e), 7 (f), 7 (l) or 9 (a) that is within a riparian corridor, the Council must have regard to the objectives in subclause (1).

(3) The Council may, in determining an application to which this clause applies:

(a) refuse consent to development or a specific part or parts of the development the subject of the application proposed to be carried out on any such land within the riparian corridor, or

(b) require modification of the development,

where it considers such development would cause harm to the environment.

(4) Nothing in this clause authorises the Council to restrict or to prohibit, or to impose a condition of development consent that restricts or prohibits, the carrying out of development on land for the purpose of agriculture if:

(a) the zoning under this plan allows such development to be carried out without development consent, or

(b) such development constitutes, under the Act, a lawful existing use of the land within the meaning of section 106 of the Act, or the continuance of a use or the carrying out of development to which section 109 or 109B of the Act applies.