Part 2 Special areas generally

6   Application of Part

This Part applies to the Chichester, Grahamstown, Nelson’s Bay, North Stockton and Tomago Sandbeds Catchment Areas, but does not apply to the Williams River Catchment Area.

7   Agriculture

(1)  A person must not erect, maintain or use any building or structure in connection with the keeping of livestock or poultry on land within 30 metres of any lake, river, stream or watercourse in a special area.

Maximum penalty: 100 penalty units (in the case of a corporation) and 70 penalty units (in any other case).

(2)  A person must not engage in any intensive agricultural pursuit in a special area.

Maximum penalty: 100 penalty units (in the case of a corporation) and 70 penalty units (in any other case).

(3)  This clause does not apply to anything that is done in accordance with:

(a)  an approval given by the Director-General, or

(b)  a development consent in force under the Environmental Planning and Assessment Act 1979, or

(c)  a licence or pollution control approval in force under the Pollution Control Act 1970.

(4)  In this clause:

intensive agricultural pursuit means the use of land for agricultural purposes which include market gardening, mushroom growing, fruit growing, flower growing, viticulture, milking in a shed designed for that purpose, aquaculture or intensive animal husbandry, but does not include the use of an animal boarding or training establishment or any cultivation or husbandry carried out mainly for the personal enjoyment or consumption of its produce by the owner or occupier of the land.

intensive animal husbandry means a building or place used for the commercial breeding, boarding or nurturing, by a feeding method other than natural grazing, of livestock or poultry, and includes:

(a)  feed lots containing more than 5 cattle, and

(b)  piggeries containing more than 5 pigs, and

(c)  poultry farming establishments containing more than 20 birds.

8   Sewage disposal

(1)  A person must not install, maintain or use any sewage collection, treatment or disposal system in a special area.

Maximum penalty: 100 penalty units (in the case of a corporation) and 70 penalty units (in any other case).

(2)  This clause does not apply to anything that is done in accordance with:

(a)  such standards as may from time to time be determined by the Director-General, or

(b)  a licence or pollution control approval in force under the Pollution Control Act 1970.