New South Wales Consolidated Regulations

WAGGA WAGGA RURAL LOCAL ENVIRONMENTAL PLAN 1991 - REG 21

21 Environmentally sensitive land

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

(a) intensive livestock keeping,

(b) junk yards,

(c) liquid fuel depots,

(d) offensive or hazardous industries,

(e) sawmills, or

(f) stock and sales yards.

(2) A person shall not, except with the consent of the Council, cause the destruction of trees on environmentally sensitive land.

(3) The Council shall not consent to an application made pursuant to 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, dry land salination or other land degradation,

(b) the loss of scenic amenity, and

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

(4) Prior to granting consent to an application to carry out development on environmentally sensitive land, the Council must consult officers of the National Parks and Wildlife Service, the Soil Conservation Service of New South Wales, the Department of Agriculture and Fisheries, the Department of Water Resources and any other relevant government departments.

(5) If environmentally sensitive land is also protected land under the Soil Conservation Act 1938 , then authority for the destruction or clearing of trees must also be obtained from the Catchment Areas Protection Board.