78Land filling and excavation

78 Land filling and excavation

78 Land filling and excavation

(1) A person shall not, without development consent, excavate or fill any land or waterbody (other than a farm dam) to which this plan applies.

(2) Before granting an application for consent required by subclause (1), the consent authority must have regard to—

(a) the likely disruption of, or detrimental effect on, existing drainage patterns, vegetation, sedimentation and soil stability in the locality that would be caused by the proposed work, and

(b) the effect of the proposed work on the likely future use or redevelopment of the land, and

(c) the effect of the proposed work on the existing and likely amenity of adjoining properties.

(3) Subclause (1) does not apply to—

(a) any excavation or filling of land necessarily carried out to allow development for which a consent was granted under the Act, or

(b) any excavation or filling of land which, in the opinion of the prospective consent authority, is of a minor nature, including minor landscaping works.