New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 41A

41A Development of land within Zone No 7 (g)

(1) The Council must not consent to any development on land within Zone No 7 (g) unless it has taken into consideration a wetland effects statement that includes the following:

(a) a statement of the objectives of the development,

(b) an analysis of any feasible alternatives to the proposed development or alternatives to the site, having regard to its objectives, including an explanation of:

(i) the consequences of not carrying out the development, and

(ii) reasons justifying the carrying out of the development,

(c) identification of the wetland habitats, ecological values and hydrological characteristics of the site, including:

(i) a vegetation survey and map to indicate the wetland boundary, the location of all vegetation communities, the occurrence of any plant species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995 , or any species which is recognised by the Council to have local conservation importance and their conservation significance,

(ii) a report describing the birds (both indigenous and migratory), reptiles, amphibians and mammals (including bats) which occur or have the potential to occur on the site and the occurrence of any animal listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995 , or any species which is known to have local by the Council or regional conservation importance,

(iii) an analysis of the surface and groundwater quality and hydrological regime of the site, and

(iv) an analysis of the visual contribution of wetland vegetation to the scenic quality of the locality,

(d) a discussion of the environmental implications of the proposal, including (but not limited to) the following:

(i) an assessment of the likely changes in the distribution and abundance of plant and animal species in the locality that may result from carrying out the proposed development,

(ii) a description of the design features incorporated in the proposed development to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime,

(iii) a description of measures proposed to be taken to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime during the construction and operational stages of the proposed development, and

(iv) a map showing the extent and location of existing vegetation proposed to be cleared from the site,

(e) a description of any proposed measure intended to offset losses in wetland values or other environmental impacts which may occur if the development is allowed to proceed, such as:

(i) the preparation and adoption of a management plan which provides for the enhancement of wetlands not affected by the proposal, and

(ii) the establishment either on-site or nearby of a wetland habitat which functions to replace some values lost through the development or contributes to other wetland values.

(2) Subclause (1) does not apply to development if, in the opinion of Council, the development is of a minor nature.

(3) In determining for the purposes of subclause (2) whether development is of a minor nature, the Council shall have regard to any development control plan which may be adopted for the purpose.

(4) An environmental impact statement that complies with clause 84 of the Environmental Planning and Assessment Regulation 1994 and that is required for proposed development on land to which State Environmental Planning Policy No 14-Coastal Wetlands applies is taken to be a sufficient wetland effects statement for the purposes of this clause for that land.