New South Wales Consolidated Regulations

NORTH COAST REGIONAL ENVIRONMENTAL PLAN - REG 45A

45A Plan preparation-flood liable land

(1) This clause applies to flood liable land within the meaning of the Floodplain Development Manual.

(2) A draft local environmental plan should:

(a) not alter the zoning of flood liable land the zoning of which is described as special use-flood liable, rural, open space, scenic protection, conservation, environment protection, water catchment or coastal lands protection, or similarly described, to a zone described as residential, business, industrial, special use, village or similarly described, and

(b) not contain provisions which apply to flood liable land and which:

(i) permit an intensification of development on that land, or

(ii) are likely to result in an increase in the need for flood mitigation measures (including emergency measures), infrastructure or services, or

(iii) permit development to be carried out without development consent, except development for the purpose of agriculture which does not include landfill, drainage canals, fences, buildings or structures in the following places:

• floodways,

• high hazard flood fringe,

• high hazard flood storage areas,

as defined in the Floodplain Development Manual,

unless justified by a floodplain management plan prepared by the council in accordance with the Floodplain Development Manual.

(3) A draft local environmental plan should:

(a) zone land identified in accordance with the principles contained in the Floodplain Development Manual as high hazard flood liable or as floodway so as to reflect its potential for flooding, and

(b) provide that the erection of new buildings on any such land be restricted.