New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 46

46 Protected Area--Vegetation Constraint Area

(1) Consent shall not be granted to development on any land within a Protected Area--Vegetation Constraint Area (
"protected land" ) unless the consent authority is satisfied, by means of a detailed environmental assessment, that the development complies with the objectives and other provisions within this clause.

(2) The objectives for a Protected Area--Vegetation Constraint Area are--

(a) to identify and require assessment of vegetation that is likely to be a significant vegetation community, and

(b) to protect significant vegetation communities and vegetation that is faunal habitat or part of a wildlife corridor, and

(c) to ensure development is designed, sited and managed to avoid or mitigate any adverse environmental impact on any significant vegetation community and the ecological buffer required to protect that significant vegetation community, and

(d) to encourage the restoration and maintenance of native vegetation, including vegetation that does not form part of a significant vegetation community.

(3) Development on any land within a Protected Area--Vegetation Constraint Area is to--

(a) incorporate effective measures to comply with clause 44 (Environmental impact) as it relates to the protection of a significant vegetation community, and

(b) provide an adequate ecological buffer to protect any significant vegetation community, and

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

(d) incorporate measures to regenerate any disturbed native vegetation within the protected land, and

(e) in the case of protected land on which any significant vegetation community is located, be sited outside protected land unless no other practicable alternative is available.

(4) When considering whether development could be sited outside protected land in accordance with subclause (3) (e), the consent authority shall consider--

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

(b) the physical characteristics of the land on which the development is proposed to be carried out, and

(c) the suitability of the land for the proposed development.