New South Wales Consolidated Regulations

WINDOURAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 22

22 Environmentally sensitive land

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

(a) intensive livestock keeping establishments,

(b) junk yards,

(c) liquid fuel depots,

(d) sawmilling, or

(e) 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 2 hectares of the area of an existing holding, where that 2 hectares comprises environmentally sensitive land,

whichever is less.

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

(a) filling of wetlands,

(b) draining of wetlands, or

(c) construction of levees.

(4) The Council shall not grant a consent referred to in 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,

(c) the loss of important vegetation systems and natural wildlife habitats and corridors, including that of threatened species, populations or ecological communities, and

(d) the risk of disturbance or destruction of Aboriginal relics or places.

(5) The Council must not grant consent to the development of land which is environmentally sensitive land unless it has referred the application to the Director-General of National Parks and Wildlife, and:

(a) it has received and considered advice with respect to the application from that Director-General,

(b) the Council has been notified that that Director-General does not wish to submit any advice with respect to the application, or

(c) 28 working days have elapsed after the date on which the application was referred to the Director-General,

whichever occurs first.