Penrith Local Environmental Plan 2010

The objectives of this clause are as follows—

to protect, enhance and manage the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land,

to enhance connections between remnants of indigenous vegetation,

to prevent the fragmentation and degradation of remnant vegetation,

to ensure that clearing and other development is located and designed to avoid or minimise the impact on the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land.

This clause applies to all land identified as “Natural resources sensitive land” on the Natural Resources Sensitivity Land Map.

Development consent is required for the following on land to which this clause applies—

the subdivision of land,

earthworks (including removal of rock or other natural material or alteration of a natural waterway or drainage line),

the carrying out of a work,

clearing vegetation (including slashing or underscrubbing),

irrigation with treated effluent.

Before deciding an application to carry out development mentioned in subclause (3), the consent authority must consider whether the development meets the objectives of this clause and such of the following as are relevant—

the condition and significance of the vegetation on the land and whether it should be substantially retained in that location,

the importance of the vegetation in that particular location to native fauna,

the strategic importance of the land as part of a biodiversity corridor,

the sensitivity of the land and the effect of clearing vegetation,

the relative stability of the bed and banks of any waterway that may be affected by the development, whether on the site, upstream or downstream,

the effect of the development on waterway health, including pollution of the waterway, a significant increase or decrease in the amount or velocity of runoff entering the waterway, or a significant increase in siltation of the waterway,

the effect of the development on the functions of aquatic ecosystems (such as habitat and connectivity).

Development consent must not be granted to development mentioned in subclause (3) unless the consent authority is satisfied that—

the development is designed and will be located and managed to avoid any potential adverse environmental impact, or

if a potential adverse environmental impact cannot be avoided, the development—

is designed and located so as to have minimum adverse impact, and

incorporates effective measures to remedy or mitigate any adverse impact caused.