38Land and water management

38 Land and water management

38 Land and water management

(1) Environmental management objectives The environmental management objective of this clause is to ensure that development carried out on land adjoining a stream, creek or river—

(a) conserves or enhances the aquatic and remnant native vegetation within the riparian corridor, and

(b) has minimal impact on the natural hydrological regime and potential fish habitat of the watercourse.

(2) When is consent required? A person must not carry out development for the purpose of earthworks, drainage, dams or land filling without development consent if the development—

(a) will raise or lower the ground level by 50 centimetres or more, through filling or reshaping the existing ground level, or

(b) is carried out within 40 metres of the high bank of a watercourse or edge of a wetland, or

(c) involves land forming or filling over natural drainage lines, or

(d) in the opinion of the consent authority, affects the flow of water across property boundaries or risks the degradation of land, riparian corridors or wetlands.

(3) What must be included in an assessment by the consent authority? Consent must not be granted for the carrying out of earthworks, drainage, dams, land forming or filling, unless the consent authority has made an assessment of the following—

(a) whether the land is flood liable land,

(b) the likely effect of flooding or surface runoff on adjoining land or other land in the locality, as a result of the proposed land forming, filling or use of the land,

(c) the risk of soil erosion and other land degradation,

(d) any likely loss of, or impact on, vegetation, wildlife or riparian corridors, including threatened species,

(e) the need for drainage easements and arrangements made with adjoining property owners to secure such easements,

(f) the impact on environmental flows that maintain natural watercourses,

(g) the impact of drainage discharges on the environment, including their effect on water quality and fish habitat as well as any obstruction to fish passage within an existing water course.