Cumberland Local Environmental Plan 2021

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

water quality within watercourses,

the stability of the bed and banks of watercourses,

aquatic and riparian habitats,

ecological processes within watercourses and riparian areas.

This clause applies to the land shown as “Riparian Land” on the Riparian Lands and Watercourses 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 water quality and flows within the watercourse,

aquatic and riparian species, habitats and ecosystems of the watercourse,

the stability of the bed and banks of the watercourse,

the free passage of fish and other aquatic organisms within or along the watercourse,

the future rehabilitation of the watercourse and riparian areas,

whether the development is likely to increase water extraction from the watercourse,

appropriate measures to avoid, minimise or mitigate the impacts of the development.

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

the development is designed, sited and will be managed to avoid a significant adverse environmental impact, or

if a significant adverse environmental impact cannot be avoided—the development is designed, sited and will be managed to minimise the impact, or

if a significant adverse environmental impact cannot be minimised—the development will be managed to mitigate the impact.