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Contents (2011 - 640)
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Bogan Local Environmental Plan 2011
Current version for 5 August 2016 to date (accessed 25 April 2017 at 20:29)
Part 7
Part 7 Additional local provisions
7.1   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring a separate development consent.
(2)  Development consent is required for earthworks unless:
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
(b)  the effect of the development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area.
Note.
 The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.2   Flood planning
(1)  The objectives of this clause are as follows:
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(a)  is compatible with the flood hazard of the land, and
(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published by the NSW Government in April 2005, unless it is otherwise defined in this clause.
(5)  In this clause:
flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
7.3   Stormwater management
(1)  The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining downstream properties, native bushland and receiving waters.
(2)  This clause applies to all land in residential, business and industrial zones.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:
(a)  is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and
(b)  includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and
(c)  avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.
7.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by:
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “High Biodiversity Sensitivity” and “Moderate Biodiversity Sensitivity” on the Terrestrial Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development:
(a)  is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(b)  is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(c)  has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(d)  is likely to have any adverse impact on the habitat elements providing connectivity on the land.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.5   Groundwater vulnerability
(1)  The objectives of this clause are to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of inappropriate development.
(2)  This clause applies to land identified as “Groundwater Vulnerability (Moderately High)” on the Groundwater Vulnerability Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider:
(a)  whether or not the development (including any on-site storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and
(b)  the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.6   Riparian land and watercourses
(1)  The objective of this clause is to protect and maintain the following:
(a)  water quality within watercourses,
(b)  the stability of the bed and banks of watercourses,
(c)  aquatic riparian habitats,
(d)  ecological processes within watercourses and riparian areas.
(2)  This clause applies to land:
(a)  identified as “Watercourse” on the Watercourse Map, or
(b)  that is within 40 metres of the top of the bank of a watercourse identified as “Watercourse” on the Watercourse Map.
(3)  Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development:
(a)  is likely to have any adverse impact on the following:
(i)  the water quality and flows within the watercourse,
(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,
(iii)  the stability of the bed and banks of the watercourse,
(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,
(v)  any future rehabilitation of the watercourse and its riparian areas, and
(b)  is likely to increase water extraction from the watercourse.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.7   Wetlands
(1)  The objective of this clause is to ensure that wetlands are preserved and protected from the impacts of development.
(2)  This clause applies to land identified as “Sensitive Wetlands” on the Wetlands Map.
(3)  Before determining a development application for development on the land to which this clause applies, the consent authority must consider whether or not the development will cause any adverse impact on the following:
(a)  the condition and significance of the existing native fauna and flora on the land,
(b)  the growth and survival of the existing native fauna and flora on the land,
(c)  the provision and quality of habitats on the land for indigenous and migratory species,
(d)  the surface and groundwater characteristics of the land, including water quality, natural water flows and salinity,
(e)  any wetland in the vicinity of the development.
(4)  Development consent must not be granted to development on the land to which this clause applies unless the consent authority is satisfied that:
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.8   Airspace operations
(1)  The objectives of this clause are as follows:
(a)  to provide for the effective and ongoing operation of the Nyngan Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that:
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause:
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Nyngan Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Nyngan Airport.
7.9   Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable road access.