New South Wales Consolidated Regulations

WINDOURAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 32

32 Development along a river

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

(a) erect a building for any purpose on land within Zone No 1 (a) or 1 (c) 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 purpose of:

(i) 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

(ii) filling or extraction, on land comprising the bed or any bank of a river,

except with the consent of the Council.

(2) The Council shall not consent to the erection of a building on land comprising:

(a) a bed of the river, or

(b) land within Zone No 1 (a) or 1 (c) within 100 metres of any bank of the 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 to be used 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.

(3) The Council shall not grant a consent referred to in subclause (1) unless, in the opinion of the Council, the destruction of the trees or the development of the land, including subdivision of the land, will be carried out in a manner 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 habitats.