New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 48

48 Protected Area--Water Supply Catchment

(1) Consent shall not be granted to development which the Council has been required by an environmental planning instrument to refer to the Regulatory Authority (within the meaning of the Water NSW Act 2014 ) on any land within a Protected Area--Water Supply Catchment (
"protected land" ) unless the consent authority is satisfied that the development complies with the objectives and other provisions within this clause.

(2) The objectives for a Protected Area--Water Supply Catchment are--

(a) to protect and, where possible, improve water quality within that part of the Blue Mountains and the Hawkesbury-Nepean River catchment that is within Sydney's drinking water catchments, and

(b) to restrict development that will adversely impact on the natural systems that are essential for maintaining and improving water quality, and

(c) to restrict development in areas that cannot be connected to reticulated sewerage, and

(d) to ensure development is designed and sited to minimise the impact of vegetation clearing and soil disturbance, which could detrimentally alter the quality or quantity of the natural surface or sub-surface water movement, and

(e) to encourage the restoration and maintenance of areas of disturbed native vegetation.

(3) Development on any land within a Protected Area--Water Supply Catchment is to--

(a) have a neutral or beneficial effect on the water quality of rivers, streams and groundwater in the hydrological catchments, including during periods of wet weather, and

(b) incorporate water quality management practices that are sustainable over the long term.

(4) The consent authority shall not consent to any development on protected land that requires the disposal of wastewater unless--

(a) it is to be connected to a reticulated sewerage system, and confirmation of availability of the system is received by the Council from Sydney Water Corporation prior to the granting of consent, or

(b) where a reticulated sewerage system is not available, and in the case only of a dwelling house to be erected on a lot that existed on the appointed day, the dwelling house is to be served by a wastewater pump out system.