New South Wales Consolidated Regulations

NORTH COAST REGIONAL ENVIRONMENTAL PLAN - REG 45

45 Plan preparation-hazards

(1) A draft local environmental plan should not permit development for tourism, rural housing or urban purposes on land subject to the following hazards, namely:

(a) coastal processes,

(b) flooding or poor drainage,

(c) dangers arising from potential or actual acid sulphate soils,

(c1) dangers arising from contaminated land,

(c2) geological or soil instability,

(d) bush fire,

(e) aircraft noise at levels of more than 25 (measured according to the Australian Noise Exposure Forecast),

(f) air or water pollution, or airborne pollution, within 400 metres of sewage treatment works,

(g) disposal of septic effluent,

(h) existing offensive or hazardous industries, and

(i) high tension electrical power lines,

unless the council has made an assessment of the extent of the hazard and included provisions in the plan to minimise adverse impact.

(3) In the event of a bush fire hazard being identified for land on which dwellings are proposed to be permitted, the council shall not permit development unless it is satisfied that arrangements where appropriate have been made to:

(a) require the creation of a perimeter road or reserve which circumscribes the hazard side of the land intended for that development,

(b) require the creation of a fire radiation zone located on the bushland side of the perimeter road,

(c) specify minimum building setbacks for buildings that will be erected on allotments adjoining the perimeter road,

(d) set standards for the use of fire retardant materials for buildings and building construction, and

(e) provide fire trails which link with individual access roads or a through road.