New South Wales Consolidated Regulations

WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 1985 - REG 12

12 Flooding

(1) In this clause:
"flood plain" means the land shown on the map between broken black lines, being the land flooded in the 1974 floods.
"floodway" means the land within the flood plain, as determined in consultation between the council and the Water Resources Commission, as essential to the clear passage of floodwater.

(2) A person shall not erect a building or carry out a work in the flood plain except with the consent of the council.

(3) The Council shall not consent to the erection of a building or the carrying out of a work on land within a floodway if, in the opinion of the council, the carrying out of the development is likely:

(a) to impede the flow of flood waters on the land or land in its immediate vicinity,

(b) to imperil the safety of persons on the land or land in its immediate vicinity in the event of those lands being inundated by flood waters,

(c) to aggravate the consequences of floodwaters flowing on the land or land in its immediate vicinity with regard to erosion, siltation and the destruction of vegetation, or

(d) to have an adverse effect on the water table of the land or land in its immediate vicinity.