Shellharbour Rural Local Environmental Plan 2004
36Areas of high conservation value
Start here
Get a plain-English read of 36
Turn the raw legal text into a practical explanation grounded in Shellharbour Rural Local Environmental Plan 2004.
36 Areas of high conservation value
36 Areas of high conservation value
(1) Environmental management objectives The environmental management objectives of this clause are—
(a) to require certain environmental issues to be considered before development is carried out on land within an area of high conservation value, and
(b) to retain bushland in parcels of a size and configuration which will, as far as possible, enable the native flora and fauna species and communities to survive in the long term, and
(c) to maintain and, where appropriate, revegetate habitat corridors between remnant areas of bushland, and
(d) to ensure that any development adjacent to, adjoining or within a watercourse or wetland does not adversely impact on water quality, the natural hydrological regime or habitat value, and
(e) to ensure that any development adjacent to, adjoining or within a riparian corridor conserves or enhances the aquatic and native vegetation of the riparian corridor, and
(f) to protect bushland and existing landforms for their scenic values, and
(g) to retain the unique visual identity of the landscape.
(2) Is consent required? A person shall not carry out development, including the clearing of land, in an area of high conservation value except with development consent.
(3) What must be included in an assessment by the consent authority? Before granting consent for development of land allowed to be carried out with consent by Part 2, the consent authority must consider the following—
(a) the impact of the proposal on the habitat value of vegetation within riparian corridors and wildlife corridors or links,
(b) the potential for undertaking environmental conservation works to enhance the biodiversity values of the land, including the potential for rehabilitation works of degraded habitats or breaks in riparian corridors or wildlife corridors or links,
(c) whether the design and construction of any proposed fencing minimises possible limitation of fauna movement,
(d) whether provision has been made for the planting of appropriate native plant species on the land where the planting would visually screen the development or contribute to the restoration or enhancement of riparian and wildlife corridors or links.