42BEnvironmentally sensitive land

42B Environmentally sensitive land

42B Environmentally sensitive land

(1) The objectives of this clause are as follows—

(a) to ensure that adverse impacts of proposed development on environmentally sensitive land are minimised or offset,

(b) to identify the land to which this clause applies as environmentally sensitive land.

(2) This clause applies to the land shown edged heavy black and identified as “Clause 42B” on the maps, or sheets of maps, marked as follows—

Lake Macquarie Local Environmental Plan 2004 (Amendment No 50)—Sheet 2

Lake Macquarie Local Environmental Plan 2004 (Amendment No 59)—Sheet 1

Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)—Sheet 2

(3) When assessing a development application for development on land to which this clause applies, the Council must consider—

(a) whether the proposed development will have an adverse impact on the condition and significance of the vegetation on the land, and

(b) the importance of that vegetation to the growth and survival of native fauna, and

(c) whether the proposed development has the potential to fragment, disturb or diminish the biodiversity values of the land.

(4) Before granting development consent to development on land to which this clause applies, the Council must be satisfied that—

(a) the development is sited, designed and managed to avoid potential adverse environmental impacts, or

(b) if an impact cannot be avoided by adopting feasible alternatives, the proposed development will mitigate, minimise or offset that impact.

cl 42B: Ins 2013 (229), Sch 1 [1]. Am 2013 (588), Sch 1 [1]; 2014 (275), Sch 1 [1].