New South Wales Consolidated Regulations New South Wales Consolidated RegulationsIn considering an application to carry out development for any purpose within, adjoining or upstream of a fishery habitat area or within the drainage catchment of a fishery habitat area, the council shall consider:
(a) the need to maintain or improve the quality or quantity of flows of water to the habitat,
(b) the need to conserve the existing amateur and commercial fisheries,
(c) any loss of habitat which will or is likely to be caused by carrying out the development,
(d) whether the development would result in pollution of the waters and any measures to eliminate pollution,
(e) the proximity of aquatic reserves dedicated under the Fisheries and Oyster Farms Act 1935 and the effect the development will have on those reserves, and
(f) the need to ensure that native vegetation surrounding the fishery habitat area is conserved.