Section 4 - State Environmental Planning Policy (Primary Production) 2021 - Intensive livestock agriculture

4Intensive livestock agriculture

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4 Intensive livestock agriculture

(1) The objectives of this section are—

(a) to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under a relevant EPI, and

(b) to provide for certain capacity thresholds below which development consent is not required for that development, subject to certain restrictions as to location.

(2) This section applies to each environmental planning instrument specified in Part B of the Table (referred to in this section as a relevant EPI) if development for the purpose of intensive livestock agriculture is permitted with development consent under the relevant EPI.

(3) In this section, a reference to intensive livestock agriculture includes a reference to any of the following land uses that apply under a relevant EPI—

(a) agriculture—general farming,

(b) intensive animal husbandry,

(c) intensive livestock keeping,

(d) feedlots, piggeries, poultry farms, stock homes,

(e) intensive keeping of animals.

(4) In determining whether or not to grant development consent under a relevant EPI to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—

(a) the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,

(b) the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,

(c) the potential for the pollution of surface water and ground water,

(d) the potential for the degradation of soils,

(e) the measures proposed to mitigate any potential adverse impacts,

(f) the suitability of the site in the circumstances,

(g) whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,