Lake Macquarie Local Environmental Plan 2004
31Erosion and sediment control
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31 Erosion and sediment control
31 Erosion and sediment control
(1) This clause applies to development that involves or that, in the opinion of the consent authority, may give rise to the exposure of the soil surface of land to the action of wind or water, whether as a consequence of—
(a) the carrying out of earthworks, or
(b) the destruction or removal of vegetation, or
(c) the carrying out of any other class of development.
(2) Consent must not be granted to development to which this clause applies unless—
(a) the consent authority is satisfied that all reasonable and practicable control measures will be carried out to prevent or minimise the effects of erosion and sediment, and
(b) where the area of soil surface exposure is greater than 250 square metres, but less than 2,500 square metres, the consent authority has considered an erosion and sediment control plan complying with erosion and sediment control guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan, and
(c) where the area of soil surface exposure is 2,500 square metres or greater, the consent authority has considered a soil and water management plan complying with construction guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan.