New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 56

56 Site disturbance and erosion control

(1) Consent shall not be granted to development unless the consent authority is satisfied that the development is designed and sited to--

(a) reflect the capability of the site, taking into consideration the natural characteristics of the land, and

(b) minimise the extent and time of site disturbance, and

(c) prevent sediment, building materials, waste or other pollutants from leaving the site and entering adjoining land, street gutters, drains or watercourses.

(2) As far as is practicable and in response to site characteristics, the consent authority is to ensure that new development is to be located in areas which have been previously cleared.

(3) Consent shall not be granted to development, excluding--

(a) minor additions, and

(b) development that disturbs less than 50 square metres of the site,

unless the consent authority is satisfied that the development will be carried out in accordance with an erosion and sediment control plan.

(4) An erosion and sediment control plan prepared to comply with subclause (3) shall provide details of how the development addresses all aspects of site disturbance, erosion and sediment control and site rehabilitation, including--

(a) the location and extent of all existing and proposed areas where the natural ground cover is or will be disturbed, and

(b) the location of natural areas requiring specific planning or management responses, including watercourses, seasonally wet areas, areas prone to ponding or waterlogging and unstable slopes, and

(c) the nature and extent of all earthworks, including the location, extent and depth of any proposed cut or fill, and

(d) the location of all potential sources of sediment on the site, including (where known) any stock piles of soil or building materials or waste, and

(e) the location and nature of any proposed stormwater or erosion and sediment control measures, and

(f) site rehabilitation proposals, including final contours.

(5) Where, in the opinion of the consent authority, the nature, scale or location of proposed development warrants a greater level of detail to facilitate the full consideration of the proposed development, an erosion and sediment control plan shall include, in addition to the matters referred to in subclause (4)--

(a) a maintenance strategy for erosion and sedimentation control works including the nomination of responsibility for the follow-up maintenance required on any permanent measures, and

(b) a chart outlining the construction sequence over the duration of the works including measures for erosion and sediment control and their maintenance, and

(c) a description of the effect of any permanent site controls on the sub-catchments or catchments.

(6) Where development proposes to incorporate temporary stormwater and sediment control basins to manage stormwater run-off, the consent authority shall require that the design and management of the basins--

(a) minimise the potential for establishment of native fauna populations in the basin, and

(b) have no significant impact on a watercourse or vegetation community, and

(c) either--

(i) include procedures to investigate the existence of native fauna within the basin and to relocate native fauna to a suitable habitat prior to removal or drainage of the basin, or

(ii) incorporate the basin as a permanent feature of the completed development where fauna are unable to be relocated.