New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 9

9 Land filling and excavation

Objective of the provision To control soil erosion, sedimentation, tree loss and drainage impacts associated with land filling and excavation.

Land filling and excavation

(1) Despite any other provision of this plan, a person may excavate or fill any land to which this plan applies, but only with the consent of the Council.

(2) When considering an application for consent required by subclause (1), the Council shall have particular regard to:

(a) the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality, and

(b) the effect of the proposed works on the likely future use or redevelopment of the land, and

(c) whether acid sulfate soils, waste materials or contaminated soil may be disturbed by excavation or imported to the land as fill.

(3) Subclause (1) does not apply to:

(a) any excavation or filling of land necessarily carried out to allow development for which a consent was granted under the Act or for which a building approval was granted under the Local Government Act 1993 , or

(b) any excavation or filling of land which in the opinion of the Council is of a minor nature, including minor landscaping works, or

(c) any excavation or filling of land carried out for the purpose of a public utility installation.