Bayside Local Environmental Plan 2021

The objective of this clause is to protect and maintain the following—

water quality within waterways,

the stability of the beds and banks of waterways,

native flora and fauna and their habitats,

ecological processes within waterways and riparian lands,

scenic and cultural heritage values of waterways and riparian lands.

This clause applies to the following land—

land identified as “Waterway” on the Waterways Map,

land identified as “Wetlands” on the Wetlands Map,

land within—

10 metres of streams mapped as Stream Order 1 on the Stream Order Map,

20 metres of streams mapped as Stream Order 2 on the Stream Order Map,

30 metres of streams mapped as Stream Order 3 on the Stream Order Map,

40 metres of streams mapped as Stream Order 4 on the Stream Order Map.

In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

whether the development is likely to have an adverse impact on the following—

the surface and groundwater characteristics of the land, including water quality, water flows and salinity,

native flora and fauna, including migratory species and the provision and quality of their habitats,

the stability of the bed, shore and banks of any waterway,

the free passage of fish and other native aquatic and terrestrial organisms within or along any waterway or riparian land,

public access to, and use of, any public waterway and its foreshores, and

any future rehabilitation or re-creation of the waterway and riparian areas, and

any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development, and

whether or not the development is likely to increase water extraction from the watercourse, and

the opportunity for the rehabilitation of existing piped or channelised waterways to a near natural state.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied the development—

is consistent with the objective of this clause, and

is designed, sited and will be managed to avoid any potential adverse environmental impacts, or

if a potential adverse environmental impact cannot be avoided—the development will be managed to mitigate that impact.