Wentworth Local Environmental Plan 2011
7.7 Riparian land and Murray River and other watercourses—general principles
(1) The objective of this clause is to protect and maintain the following—(a) water quality within the Murray River and other watercourses,(b) the stability of the bed and banks of the Murray River and other watercourses,(c) aquatic riparian habitats,(d) ecological processes within the Murray River and other watercourses and riparian areas.(2) This clause applies to land—(a) identified as “Watercourse” on the Natural Resource—Watercourse Map, and(b) situated within 40 metres of the top of the bank of a watercourse (being a watercourse situated on land referred to in paragraph (a)).(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 cause any adverse impact on the following—(i) the water quality and flows within a watercourse,(ii) aquatic and riparian species, habitats and ecosystems,(iii) the stability of the bed, shore and banks of a watercourse,(iv) the free passage of fish and other aquatic organisms within or along a watercourse,(v) any future rehabilitation of a watercourse and riparian areas, and(b) will increase water extraction from a 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 avoided by adopting feasible alternatives—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.