New South Wales Consolidated Regulations

MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 - REG 28

28 What restrictions apply to the development of wetlands?

(1) In this clause:
"clearing", in relation to land, means the destruction or removal in any manner of native plants growing on the land, but does not include:

(a) the destruction or removal of noxious weeds within the meaning of the Noxious Weeds Act 1993 , by means not likely to be significantly detrimental to the native ecosystem, or

(b) the incidental destruction or removal of native plants lying adjacent to any such noxious plants occurring unavoidably during the process of destroying or removing those noxious plants, or

(c) the destruction or removal of native plants, within 3 metres of the boundary between the lands owned or occupied by different persons, for the purpose of erecting or maintaining a dividing fence between those lands, or

(d) the destruction or removal of native plants, within 0.5 metres of the boundary between the lands owned or occupied by different persons, for the purpose of enabling a survey to be carried out along that boundary by a surveyor registered under the Surveyors Act 1929 .

"native plants" means plants indigenous to the State of New South Wales, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State.

(2) In respect of land within Zone 7 (a) or 7 (b), a person shall not:

(a) clear that land,

(b) construct a levee on that land,

(c) drain that land, or

(d) fill that land,

except with the consent of the Council.

(3) Applications for development of land within Zone 7 (a) will be advertised for public comment.

(4) In considering whether to grant consent required by this clause, the Council shall take into consideration:

(a) the environmental effects of the proposed development, including the effect of the proposed development on:

(i) the growth of native plant communities,

(ii) the survival of native wildlife populations,

(iii) the provision and quality of habitats for both indigenous and migratory species,

(iv) the surface and groundwater characteristics of the site on which the development is proposed to be carried out and of the surrounding area, including salinity and water quality,

(b) whether adequate safeguards and rehabilitation measures have been, or will be, taken to protect the environment,

(c) whether carrying out the development would be consistent with the aim of this policy,

(d) the objectives and major goals of the “ National Conservation Strategy for Australia ” (as set forth in the second edition of a paper prepared by the Commonwealth Department of Home Affairs and Environment for comment at the National Conference on Conservation held in June 1983 and published in 1984 by the Australian Government Publishing Service) in so far as they relate to wetlands and the conservation of “living resources generally”,

(e) whether any feasible alternatives exist to the carrying out of the proposed development (either on other land or by other methods) and if so, the reasons given for choosing the proposed development,

(g) any wetlands surrounding the land to which the development application relates and appropriateness of imposing conditions requiring the carrying out of works to preserve or enhance the value of those surrounding wetlands, and

(h) any public comment received.