New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 1993 - REG 26

26 Development along a river

(1) Notwithstanding any other provisions of this plan, a person must not:

(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) carry out any clearing 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) on land comprising the bed or any bank of a river, carry out development for the purposes of;

(i) a canal, or

(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,

except with the consent of the Council.

(2) The Council must not consent to an application to erect a building other than a dwelling on land comprising:

(a) the bed of a river, or

(b) land within Zone No 1 (a), 1 (c), 1 (d) or 2 (v) within 30 metres of the bank of a river,

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

(3) The Council must 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 or on the land, including subdivision of the land, will be carried out in a manner which, in respect of that land and the adjacent land, minimizes:

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

(b) the loss of scenic amenity,

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

(d) any adverse impact on water quality.