Deniliquin Local Environmental Plan 1997 (Amendment No 3) (2020-382) LW 3 July 2020 (NSW)

New South Wales

Deniliquin Local Environmental Plan 1997

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

JOHN RAYNER, INTERIM GENERAL MANAGER

EDWARD RIVER COUNCIL

As delegate for the local plan-making authority

Deniliquin Local Environmental Plan 1997 (Amendment No 3) [NSW]

Deniliquin Local Environmental Plan 1997 (Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Deniliquin Local Environmental Plan 1997 (Amendment No 3).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to certain land to which Deniliquin Local Environmental Plan 1997 applies.

Deniliquin Local Environmental Plan 1997 (Amendment No 3) [NSW]

Schedule 1 Amendment of Deniliquin Local Environmental Plan 1997

Schedule 1

Amendment of Deniliquin Local Environmental

Plan 1997

[1]      Clause 5 Definitions

Omit the definition of flood liable land from clause 5(1).

Insert in alphabetical order—

Flood Planning Map means the Deniliquin Local Environmental Plan 1997

Flood Planning Map.

[2]      Clause 21

Omit the clause. Insert instead—

21 Flood planning

(1)

The objectives of this clause are as follows—

(a)	to minimise the flood risk to life and property associated with the use of land,
(b)	to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)	to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This clause applies to—

(a)	land identified as “Flood planning area” on the Flood Planning Map, and
(b)	other land at or below the flood planning level.

(3)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

(a)	is compatible with the flood hazard of the land, and
(b)	will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)	incorporates appropriate measures to manage risk to life from flood, and
(d)	will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)	is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)

A word or expression used in this clause has the same meaning as it has in the

Floodplain Development Manual (ISBN 0 7347 5476 0) published by the

NSW Government in April 2005, unless it is otherwise defined in this clause.

(5)

In this clause—

land at or below the flood planning level means land at or below the level of

a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.