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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 19 November 2019 at 11:18)
Part 14 Division 1 Clause 228
228   What factors must be taken into account concerning the impact of an activity on the environment?
(cf clause 82 of EP&A Regulation 1994)
(1)  For the purposes of Part 5 of the Act, the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment include—
(a)  for activities of a kind for which specific guidelines are in force under this clause, the factors referred to in those guidelines, or
(b)  for any other kind of activity—
(i)  the factors referred to in the general guidelines in force under this clause, or
(ii)  if no such guidelines are in force, the factors referred to subclause (2).
(2)  The factors referred to in subclause (1) (b) (ii) are as follows—
(a)  any environmental impact on a community,
(b)  any transformation of a locality,
(c)  any environmental impact on the ecosystems of the locality,
(d)  any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality,
(e)  any effect on a locality, place or building having aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance or other special value for present or future generations,
(f)  any impact on the habitat of protected animals (within the meaning of the Biodiversity Conservation Act 2016),
(g)  any endangering of any species of animal, plant or other form of life, whether living on land, in water or in the air,
(h)  any long-term effects on the environment,
(i)  any degradation of the quality of the environment,
(j)  any risk to the safety of the environment,
(k)  any reduction in the range of beneficial uses of the environment,
(l)  any pollution of the environment,
(m)  any environmental problems associated with the disposal of waste,
(n)  any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply,
(o)  any cumulative environmental effect with other existing or likely future activities,
(p)  any impact on coastal processes and coastal hazards, including those under projected climate change conditions.
(3)  For the purposes of this clause, the Planning Secretary may establish guidelines for the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment, in relation to activities generally or in relation to any particular kind of activity.
(4)  The Planning Secretary may vary or revoke any guidelines in force under this clause.