7Ecological buffers

7 Ecological buffers

7 Ecological buffers

(1) Consent must not be granted to development on land within an ecological buffer unless the consent authority is satisfied, after considering a detailed environmental assessment, that—

(a) the development complies with the objectives for ecological buffers and other provisions of this section, and

(b) there is no practicable alternative to siting the development within the buffer.

(2) The objectives for ecological buffers are—

(a) to protect wetlands or areas of particular habitat significance, and

(b) to restrict development so that, as far as practicable, it does not occur within ecological buffers, and

(c) to help ensure that development is designed, sited and managed so as to minimise its impact on the ecological and hydrological functions of ecological buffers, and

(d) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to wetlands or areas of particular habitat significance.

(3) Development on land within an ecological buffer is to—

(a) incorporate effective measures to manage wetlands or areas of particular habitat significance, and

(b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and

(c) retain and maintain all existing native vegetation outside the area immediately required for the development, and

(d) incorporate measures to regenerate native vegetation for all disturbed areas within the buffer, and

(e) incorporate appropriate stormwater and erosion control measures to protect the buffer from surface water run-off or other disturbance.

(4) When considering whether or not there is a practicable alternative to siting development inside an ecological buffer, the consent authority must consider—

(a) the design, type and site cover of the proposed development, and