23Protection of streams

23 Protection of streams

23 Protection of streams

(1) This clause applies to any perennial water course within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (e) or 1 (g).

(2) For the purposes of this clause, a perennial water course means land shown by a continuous blue line on the latest version 1:25,000 scale topographic map for the land to which this clause applies produced by the NSW Land Information Centre and available for public inspection at the office of the Council.

(3) The objectives of this clause are—

(a) to protect water quality,

(b) to protect aquatic habitats and riparian communities,

(c) to protect and enhance the function of perennial water courses and their associated vegetation as habitat corridors,

(d) to protect the scenic and recreational values of perennial water courses and their associated vegetation communities, and

(e) to protect perennial water courses from erosion and sedimentation.

(4) Despite clause 9, the consent of the Council is required for any development within 50 metres from the centre line of a perennial water course or, where the perennial water course is greater than 20 metres in width, from the bank of the perennial water course.

(5) In deciding whether to grant consent, the Council must take into account—

(a) the objectives of the clause, and

(b) the adequacy of the measures proposed by the applicant to avoid, mitigate or remedy any adverse effects of the proposed development on the ecological and aesthetic values of the perennial water course concerned and of land in its vicinity.

cl 23: Am 18.4.1997. Subst 16.7.1999. Am 13.6.2003.