New South Wales Consolidated Regulations

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 1995 - REG 49

49 What restrictions apply to development of flood prone land?

(1) Notwithstanding any other provision of this plan, development must not be carried out for the purpose of the erection of a dwelling-house, the carrying out of any landfilling, drainage works or construction of levees, on flood liable land, except with the consent of the Council.

(2) Notwithstanding subclause (1), consent is not required for:

(a) landfill works for the purpose of agriculture (except on any wetland, land within the Environment Protection (Coastal Lands) zone, a floodway or land adjoining a residential zone) which do not:

(i) result in finished surface levels being more than 50 centimetres above the natural surface level of the land, or

(ii) result in more than 1000m 3 of material being deposited over each hectare of land (any subsequent deposition of material which will result in this amount being exceeded will require consent),

(b) maintenance of existing drains and landfill works associated with maintaining farm water storage dams and internal vehicle access roads,

(c) landfill works associated with excavations licensed under Part 5 of the Water Act 1912 for water storage purposes,

(d) landfill or drainage works (outside a floodway) associated with a public utility undertaking, or

(e) landfill works associated with (or without) excavations where a permit has been granted under the Rivers and Foreshores Improvement Act 1948 .

(3) The Council may consent to the carrying out of development on flood liable land only if the Council is satisfied that:

(a) the development would not adversely affect the efficiency, or unduly restrict the capacity, of a floodway to carry and discharge floodwaters,

(b) the development would not significantly impede the flow of floodwaters,

(c) the development would not significantly increase the level of flooding on any other land in the vicinity,

(d) the structure of any building or work, the subject of the application for development consent, is capable of withstanding flooding,

(e) the development would not exacerbate the consequences of floodwaters, having regard to erosion, siltation, debris deposit or the destruction of vegetation,

(f) the development would not result in risk to life or human safety, to property or to the environment in the event that the land or adjoining land is inundated by floodwaters, and

(g) except in the case of residential infill development, there will be access, by means of flood free land, to the site area.

(4) The Council may consent to the erection of a building on flood liable land only if the Council is satisfied that, in addition to the matters contained in subclause (3), the proposed building complies with the requirements of Table A1 of the Nambucca Shire Council Floodplain Risk Management Plan February 2005 .

(5) Subclause (4) does not apply to extensions, alterations, additions or repairs to or the replacement of existing dwelling-houses provided that those extensions, alterations, additions or repairs or that replacement do not, in the opinion of the Council, increase the likelihood of flood damage.

(6) Nothing in this clause limits or restricts any requirement to obtain consent to the carrying out of water control measures.

(7) In considering any application for development consent relating to flood liable land, the Council must have regard to:

(a) the principles and guidelines contained in the New South Wales Government’s Floodplain Development Manual April 2005 , and

(b) the Nambucca Shire Council Floodplain Risk Management Plan February 2005 .