40   Development in the vicinity of Alexandra Canal

(1)  A person must not erect any structure on land within 10 metres of:

(a)  the bank of the Alexandra Canal, or

(b)  any of its open secondary channels,

      except with the consent of the Council.

(2)  The Council must not consent to the erection of any structure on land having a frontage to Alexandra Canal or any of its secondary canals unless:

(a)  it has made an assessment of the effect the erection of that structure would have on the existing aquatic environment and the potential use of Alexandra Canal and its foreshore for recreational purposes, and

(b)  the conditions of that consent require the landscaping of a ten metre strip abutting the canal, and

(c)  the conditions of that consent require the creation of a right of carriageway, or the dedication of land, for the purpose of permanent pedestrian or bicycle access within a ten metre strip abutting the canal.