Waterways
26 Waterways
Subject to subregulation (2), a waterway or land within 200 metres of a waterway is an area of cultural heritage sensitivity.
If part of a waterway or part of the land within 200 metres of a waterway has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.
Examples
1 An activity area consists of the whole of a lot. A waterway passes through the lot. All of the land within 200 metres of one side of the waterway has been subject to significant ground disturbance. The land within 200 metres of the other side of the waterway has not been subject to significant ground disturbance and is an area of cultural heritage sensitivity.
2 A school proposes to demolish an old hospital and to build a new school in its place. The activity area is the footprint of the existing building, because the new building will have the same footprint. The activity area has been subject to significant ground disturbance when the foundations were dug many years ago. Although the existing building is located within 200 metres of a waterway, it is not an area of cultural heritage sensitivity because all of the activity area has been subject to significant ground disturbance.
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