New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 45

45 Hazardous uses

(1) Development, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on the other land in the locality), must not pose a significant risk in relation to:

(a) human health, life or property, or

(b) the biophysical environment.

(2) Applications for consent to development which, in the absence of any measures proposed to minimise its impact on the locality, would pose a risk such as any of those described above, must not be granted unless the consent authority has considered:

(a) a preliminary hazard analysis prepared in accordance with the current circulars or guidelines published by the Department of Urban Affairs and Planning, and

(b) whether there are any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application).

Note: In determining whether the use of land is likely to pose a risk such as those described above, or is likely to cause noise or pollution, consideration must be given to current circulars or guidelines published by the Department of Urban Affairs and Planning relating to hazardous or offensive development. At present such guidelines are limited to the “ Hazardous Industry Planning Advisory Paper No 4, Risk Criteria for Land Use Safety Planning ”.