New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 63A

63A Gerringong-Gerroa sewerage scheme

(1) Nothing in this plan prevents the Council from granting consent to the carrying out of development associated with the construction of the Gerringong-Gerroa sewerage scheme (including the sewage treatment plant, access road, bridge, pipelines, pumping stations and other utility installations, works and the like) subject to the consideration of matters in the following subclauses.

(2) Where in the absence of this clause the carrying out of development on land the subject of the application would be prohibited by this plan, and where the Council considers that there is no better reasonable alternative location for that development, the Council may grant consent to the carrying out of that development if it is satisfied that the development will not have a significant or long-lasting detrimental environmental impact on the land.

(3) In considering an application for development in accordance with this clause, the Council shall have regard to such other provisions of this plan as would ordinarily apply to the development in the absence of this clause and it may attach conditions, where appropriate, in order to achieve:

(a) the intent of those provisions in protecting the environment, and

(b) the rehabilitation of disturbed areas as close as possible to their natural state, and

(c) any other measures that it considers necessary in the circumstances of the case to avoid, minimise or compensate adverse environmental impact.

(4) In considering an application for development for an access corridor linking the site of the Gerringong-Gerroa sewage treatment works with Crooked River Road, Gerroa, for the purpose of providing road and bridge access and utility installations associated with the works, the Council shall have regard to the following environmental objectives:

(a) the route for the access corridor shall be chosen and surveyed with the aim of either avoiding or minimising the disturbance of existing stands of littoral rainforest and other significant vegetation separating the site of the sewage treatment works and Crooked River Road,

(b) the construction of the required road, bridge and utility installations (both above and below ground) and any associated sewerage related works associated with the corridor shall be carried out in a manner that achieves minimal environmental impact and incorporates measures to rehabilitate disturbed areas with naturally occurring species of plants.