New South Wales Consolidated Regulations

PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000 - REG 39

39 Development near the Williams River

(1) Despite any other provision of this plan, a person must not, except with the consent of the consent authority, on land within 30 metres of a bank of the Williams River and within the Williams River catchment:

(a) erect a building (or alter or add to a building so as to enlarge or extend it), or

(b) construct dams, drainage works, levee banks or water storage areas, or

(c) carry out any other development.

(2) Despite any other provision of this plan, a person must not, except with the consent of the consent authority, subdivide land within 30 metres of a bank of the Williams River and within the Williams River catchment.

(3) The consent authority must not grant consent as referred to in subclause (1) or (2) unless, in the opinion of the consent authority, the subdivision or other development of the land will be carried out in a manner which, in respect of that land and the adjacent land, does not result in a significantly increased risk of:

(a) soil erosion or other environmental degradation, or

(b) loss of vegetation or habitat, or

(c) disturbance of sodic or dispersive soils, or

(d) degradation of water quality or the quality of groundwater supplies.

(4) This clause does not apply to development for the purpose of fencing, revegetation or river management works.

(5) In this clause, "river management works" means works carried out for the purpose of improving the river corridor of the Williams River in accordance with:

(a) the conditions subject to which funding has been provided for the works by the Department of Land and Water Conservation, or

(b) a permit or other approval granted by the Director-General of that Department, or

(c) a Rivercare or Landcare plan or the like administered by the Hunter Catchment Management Trust.