38ADevelopment of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

38A Development of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

38A Development of land shown cross-hatched within Zones 1 (a), 1 (b1), 1 (d) and 7 (k) adjacent to Environmental Protection Zones 7 (a), 7 (b), 7 (k) and 7 (j)

(1) This clause applies to land within Zone No 1 (a), 1 (b1), 1 (d) or 7 (k) and shown cross-hatched on the map.

(2) Despite other provisions of this plan, a person must not—

(a) clear, drain, excavate or fill the land to which this clause applies, or

(b) carry out development for the purpose of agriculture or forestry on the land to which this clause applies, or

(c) erect a building or construct a road on the land to which this clause applies,

except with the consent of the council.

(3) The council must not grant a consent required by subclause (2) unless it has taken into consideration—

(a) the likely effect on the fauna, flora, water table and habitat value of adjacent land within Zone No 7 (a), 7 (b) and 7 (k) of the development that the granting of that consent would permit, and

(b) the need for measures to protect and enhance the habitat value of the adjacent land within Zone No 7 (a), 7 (b) or 7 (k) by fencing to control access by people, vehicles and animals, reforestation with native plants, control of run off to prevent siltation and nutrient enrichment, bushfire management to facilitate maintenance of natural fire regimes, and weed eradication, and

(c) the appropriate width of the buffer area to protect the adjacent fauna, flora and habitat areas, having regard to species diversity, topography and the like.

cl 38A: Ins 8.1.1993. Am 27.2.1998.