New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011 - REG 5.17

5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

(1) The objective of this clause is to require development consent for, and ensure appropriate environmental assessment of, development for the purpose of artificial waterbodies with a storage capacity of 15 megalitres or more but less than 100 megalitres that will be carried out in environmentally sensitive areas in the area of operations of (or certain other areas managed by) irrigation corporations.

(2) This clause applies to the following land--

(a) land within the area of operations of an irrigation corporation within the meaning of Part 1 of Chapter 4 of the Water Management Act 2000 ,

(b) land shown edged heavy black on the East Cadell Map under State Environmental Planning Policy (Primary Production) 2021 , Chapter 2.

(3) Development consent is required to carry out development for the purpose of an artificial waterbody on land to which this clause applies if--

(a) its storage capacity is 15 megalitres or more but less than 100 megalitres, and

(b) the development is carried out in an environmentally sensitive area.

(4) Development consent must not be granted under subclause (3) unless the consent authority has considered the following--

(a) a statement of environmental effects relating to the proposed development,

(b) if a licence, approval or other authority is required for the proposed development under any legislation (for example, the Local Land Services Act 2013 , the Water Management Act 2000 or the Protection of the Environment Operations Act 1997 )--details of the authority,

(c) if an exemption from a requirement for a licence, approval or other authority for the proposed development applies or will apply--details of the exemption.

(5) To remove any doubt--

(a) State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Part 5.2 applies when a consent authority determines a development application required by this clause for land to which that Part applies, and

(b) the provisions of that Policy, Part 5.3 that provide for consultation by a consent authority apply when development defined in the Planning Control and Consultation Table in that Part is required to be carried out with development consent because of this clause.

(6) In this clause--

"environmentally sensitive area" has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .