State Environmental Planning Policy No 14—Coastal Wetlands (Amendment No 13) (1997-594) [GG No 121 of 10.11.1997, p 9133] (NSW)

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1997 No 594

New South Wales

State Environmental Planning Policy

No 14—Coastal Wetlands

(Amendment No 13)

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Urban Affairs and Planning.

(S91/05628)

CRAIG KNOWLES MP

Minister for Urban Affairs and Planning

1 Name of Policy

This Policy is State Environmental Planning Policy No I4—

Coastal Wetlands (Amendment No 13).

2 Principal Policy

In this Policy, State Environmental Planting Policy No 14—

Coastal Wetlands is referred to as the Principal Policy.

3 Aims of Policy

The aim of this Policy is to encourage, facilitate and regulate the restoration of coastal wetlands by providing:

(a)

that restoration works are to be carried out in conformity with a restoration plan prepared in accordance with guidelines issued by the Department of Urban Affairs and Planning, and

Published in Gazette No 121 of 10 November 1997, page 9133

Page 1

1997 No 594

Clause 3

State Environmental Planning Policy No 14—Coastal Wetlands (Amendment No 43)

(b)

that restoration works for which development consent is required under the Principal Policy are not designated development and are therefore not subject to the environmental assessment regime for designated development.

4   Land to which Policy applies

This Policy applies to the whole of the land to which the

Principal Policy, as amended by this Policy, applies.

5 Amendment of Principal Policy

The Principal Policy is amended as set out in Schedule 1 .

1997 No 594

State Environmental Planning Policy No 14—Coastal Wetlands (Amendment No 13)

Amendments

Schedule 1

Schedule 1 Amendments

(Clause 5)

[1]    Clause 3 Definitions

Insert in clause 3 in alphabetical order:

restoration works means works:

(a)

that are carried out to restore or enhance the natural values of coastal wetlands in order to rectify a breach of this Policy (including works to restore or enhance plant communities, water levels, water flow and soil composition), and

(b)

that are not carried out in association with other development, and

(c)

that do not have a significant impact on the environment beyond the site of the works.

[2]     Clause 3, definition of “the map”

(a)

Omit “ 5 1 , ” from paragraph (f).

(b)

Omit “ 1 ” from paragraph (g). Insert instead “2”.

(c)

Omit “31, 33, 35, 38,” from paragraph (g). Insert instead “35,”.

(d)

Insert after paragraph (h):

(i) State Environmental Planning Policy No 14—Coastal Wetlands (Amendment No 13)—maps 1, 31, 33, 38 and

51.

[3]     Clause 6 Consent authority

Insert “or 7A” after “(d)”.

[4]     Clause 7 Restriction on development of certain land

Insert after clause 7 (4):

(5)

This clause does not apply to the carrying out of

restoration works.

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1997 No 594

State Environmental Planning Policy No 14—Coastal Wetlands (Amendment No 13)

Schedule 1

Amendments

[5]    Clause 7A

Insert after clause 7:

7A Restriction on carrying out of restoration works

(1)

In respect of land to which this policy applies, a person must not carry out restoration works except with the consent of the council and the concurrence of the Director.

(2)

An applicant for consent to carry out restoration works must lodge with the council a restoration plan prepared in accordance with the guidelines issued by the Department of Urban Affairs and Planning.

(3)

In considering whether to grant concurrence under subclause (l), the Director must take into consideration the adequacy of the restoration plan lodged by the applicant with the council.

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