New South Wales Consolidated Regulations

WAKOOL LOCAL ENVIRONMENTAL PLAN 1992 - REG 32

32 Development along rivers

(1) Despite any other provisions of this plan, a person shall not, except with the consent of the Council, on land to which this plan applies:

(a) erect a building for any purpose on land within Zone No 1 (a), 1 (c) or 1 (d) within 400 metres of any bank of a river,

(b) destroy any tree on land within 60 metres of any bank of a river,

(c) carry out development for any purpose on land within 20 metres of any bank of a river, or

(d) carry out development for the purposes of:

(i) a canal,

(ii) a marina (including pontoons, jetties, piers or other structures) designed to provide mooring or dry storage for one or more vessels used for any purpose, or

(iii) filling or extraction,

on land comprising the bed or any bank of a river.

(2) The Council shall not consent to an application to erect a building on land comprising:

(a) a bed of a river, or

(b) land within Zone No 1 (a), 1 (c) or 1 (d) and being within 100 metres of any bank of a river or as otherwise shown on the map, as being land to which this subclause applies,

unless, in the opinion of the Council, the building:

(c) is ancillary to the use of that land for the purpose of a recreation area, or

(d) is to be used for the purpose of fisheries, irrigation works (including the pumping and treatment of water for private domestic consumption), marinas or utility installations or for the servicing of vessels or sea planes.

(3) The Council shall not consent to an application required by subclause (1) unless, in the opinion of the Council, the destruction of the trees or the development of the land, and any subdivision of the land, will be carried out in a manner or have an effect which, in respect of that land and the 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, including fish habitat values.

(4) Despite any other provision of this plan, the Council must not consent to the carrying out of development on any land identified on the map as a tree and habitat preservation area other than development that is to be used for any purpose described in subclause (2) (d).