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Contents (2011 - 702)
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Cessnock Local Environmental Plan 2011
Current version for 7 February 2020 to date (accessed 5 April 2020 at 17:14)
Part 7 Clause 7.2
7.2   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 for the purposes of earthworks may be carried out only with development consent 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 proposed 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 proposed 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,
(h)  any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).
 The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.