New South Wales Consolidated Regulations

WAKOOL LOCAL ENVIRONMENTAL PLAN 1992 - REG 23

23 Environmentally sensitive land

(1) A person shall not carry out development on environmentally sensitive land for the purposes of:

(a) intensive livestock keeping,

(b) junk yards,

(c) liquid fuel depots,

(d) offensive or hazardous industries,

(e) sawmills, or

(f) stock and sale yards.

(2) A person shall not, except with the consent of the Council, cause the destruction of trees on:

(a) more than 1 hectare of environmentally sensitive land forming the whole or part of an existing holding, or

(b) more than 5 per cent of the area of an existing holding, where that 5 per cent comprises environmentally sensitive land,

whichever is less.

(3) A person shall not, except with the consent of the Council carry out development on environmentally sensitive land for the purposes of:

(a) filling wetlands,

(b) draining wetlands, or

(c) constructing levees.

(4) Subclause (2) does not apply to "protected land" as defined in section 21AB of the Soil Conservation Act 1938 .

(5) The Council shall not consent to an application made for the purposes of subclause (2) unless, in the opinion of the Council, the destruction of trees on the land will be carried out in a manner which, in respect of that land and adjacent land, minimises:

(a) the risk of soil erosion and other land degradation,

(b) the loss of scenic amenity, and

(c) the loss of important vegetation systems and natural wildlife habitats.