23Foreshore development and development below DP high water mark

23 Foreshore development and development below DP high water mark

23 Foreshore development and development below DP high water mark

(1) Foreshore development and development for the purpose of utility installations may be carried out only with development consent between a foreshore building line that is fixed with respect to a DP high water mark and the DP high water mark.

(2) Development below DP high water mark may be carried out only with development consent which must not be granted unless the consent authority is satisfied—

(a) that all existing structures and works on the land below DP high water mark will be removed before or within a reasonable time after development is carried out, or

(b) that it is unreasonable or unnecessary in the circumstances of the case for that removal to occur, having regard to the objectives of clause 22 and the provisions of any relevant development control plan.

cl 23: Am 2007 (53), Sch 1 [17].