State Environmental Planning Policy No 52—Farm Dams and Other Works in Land and Water Management Plan Areas (NSW)

1Name of Policy

This Policy is State Environmental Planning Policy No 52—Farm Dams and Other Works in Land and Water Management Plan Areas.

2Aims of Policy(1)

This Policy aims to require environmental assessment under Part 4 of the Environmental Planning and Assessment Act 1979 of development for the purpose of artificial waterbodies (other than minor works in restricted locations) that will be carried out under farm plans that implement land and water management plans.

Consequently, that development will be able to be lawfully carried out only with development consent granted by the council of the local government area in which it will be carried out and only after a statement of environmental effects or (in the case of large works or those on environmentally sensitive land) only after an environmental impact statement has been considered by the council.

(2)

This Policy also aims to allow the carrying out of development without development consent for the purpose of the following:

• (a)

  small artificial waterbodies, such as those used for the purpose of storing water run-off for reuse, but only in locations restricted by this Policy,

• (b)

  routine maintenance of irrigation channels, and the use of land for related access, whether or not a land and water management plan applies to the land concerned,

• (c)

  emergency work on irrigation channels by irrigation corporations and their use of land for related access, whether or not a land and water management plan applies to the land concerned.

• (d)

  (Repealed)

3Land to which Policy applies(1)

This Policy (other than clause 8) applies to land within an irrigation area or district described in Schedule 1 and to the land shown edged heavy black on the maps kept in the Head Office of the Department and marked as follows:

• •

  State Environmental Planning Policy No 52—Land and Water Management Plans (Murray Irrigation Areas of Operation)

• •

  State Environmental Planning Policy No 52—Land and Water Management Plans (East Cadell)

(2)

Clause 8 applies to the area of operations of any irrigation corporation within the meaning of Part 1 of Chapter 4 of the Water Management Act 2000.

4Definitions(1)

In this Policy:

artificial waterbody means a constructed waterway, including a constructed channel, dam or lake, but does not include dry retention basins or evaporation ponds.

farm plan means a natural resources plan prepared for land in an area (or part of an area) specified in Column 1 of Schedule 2 under a land and water management plan that implements Heads of Agreement specified opposite the area (or part) in Column 2 of Schedule 2.

irrigation corporation has the same meaning as in the Water Management Act 2000.

land and water management plan means a land and water management plan specified in Column 3 of Schedule 2.

the Act means the Environmental Planning and Assessment Act 1979.

(2)

Notes in this Policy are explanatory notes and do not form part of this Policy.

5Relationship to other environmental planning instruments(1)

If there is an inconsistency between this Policy and another environmental planning instrument made before or after this Policy commenced, this Policy prevails to the extent of the inconsistency, subject to section 36 (4) of the Act.

(2)

To remove any doubt:

• (a)

  Part 2 (Planning principles) of Murray Regional Environmental Plan No 2—Riverine Land applies:

  • (i)

    when a consent authority determines a development application required by this Policy for land to which that plan applies, and

  • (ii)

    when a public authority or person proposes to carry out (on land to which that plan applies) development which does not require consent because of this Policy but which has the potential to adversely affect the riverine environment of the River Murray, and

• (b)

  such of the provisions of Part 3 of that plan as provide for consultation by a consent authority apply when development defined in the Planning Control and Consultation Table in that Part is required to be carried out with consent because of this Policy.

(3)

(Repealed)

6Consent required for certain artificial waterbodies(1)

A person may carry out development for the purpose of an artificial waterbody only with development consent on land to which a land and water management plan applies.

(2)

However, development for the purpose of an artificial waterbody may be carried out on such land without development consent if:

• (a)

  its storage capacity is less than 15 megalitres, and

• (b)

  it is not within 40 metres of a public road, watercourse or wetland, or of any tree clearing operations.

(3)

The council of the area within which the development is proposed to be carried out is the consent authority for a development application required by this clause.

(4)

Development for which consent is required by this clause is designated development for the purposes of the Environmental Planning and Assessment Act 1979 if:

• (a)

  it is to be carried out in an environmentally sensitive area and the storage capacity of the artificial waterbody is 100 megalitres or more, or

• (b)

  it is not to be carried out in an environmentally sensitive area but the storage capacity of the artificial waterbody is 800 megalitres or more.

(5)

Consent required by this clause must not be granted for development to be carried out in an environmentally sensitive area if the storage capacity of the artificial waterbody is 15 megalitres or more (but less than 100 megalitres), unless the consent authority has considered a statement of environmental effects and a farm plan relating to the proposed development.

(6)

In this clause, environmentally sensitive area has the same meaning as in Schedule 3 (Designated development) to the Environmental Planning and Assessment Regulation 1994.

7Consent not required for certain routine maintenance(1)

Development may be carried out without development consent for the purpose of routine maintenance of an artificial water supply or drainage channel on land to which this Policy applies, whether or not a land and water management plan applies to the land.

(2)

In this clause:

artificial water supply or drainage channel includes an artificially improved part of a natural water supply or drainage channel.

maintenance of a channel means work to restore the channel, such as cleaning and resealing, and includes the creation and use of tracks reasonably necessary for access to the site of the work.

8Emergency and routine work by irrigation corporations(1)

This clause applies to the following development carried out by or on behalf of an irrigation corporation in relation to the works of the irrigation corporation:

• (a)

  development consisting of emergency work,

• (b)

  development consisting of routine maintenance.

(2)

If, in the absence of this clause, development to which this clause applies may be carried out only with development consent, an irrigation corporation may carry out the development (and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies) without that consent.

(3)

Despite subclause (2), an irrigation corporation may carry out development only with development consent if the development consists of routine maintenance involving the demolition of a building or work:

• (a)

  described in an environmental planning instrument as a heritage item or an item of the environmental heritage, or

• (b)

  on land on which an Aboriginal object or a building, work, relic or tree is situated.

(4)

In this clause:

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

demolition of a heritage item or an item of the environmental heritage means the total or partial destruction or dismantling of the item.

emergency work means the repair or replacement of any part of the works of an irrigation corporation:

• (a)

  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a similar occurrence, or

• (b)

  because it has suddenly ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

routine maintenance includes the periodic inspection, cleaning, repair and replacement of the works of an irrigation corporation, but does not include development that would result in an increase in the designed capacity of any part of those works.

works of an irrigation corporation means works owned or controlled by an irrigation corporation.

Schedule 1Irrigation areas and districts

(Clause 3)

Coleambally Irrigation Area

Jemalong Domestic and Stock Water Supply and Irrigation District

Wyldes Plains Domestic and Stock Water Supply and Irrigation District

Buronga Irrigation Area

Coomealla Irrigation Area

Curlwaa Irrigation Area

Yanco No 1 Irrigation Area

Mirrool No 1 Irrigation Area

Benerembah Domestic and Stock Water Supply and Irrigation District

Tabbita Domestic and Stock Water Supply and Irrigation District

Wah Wah Domestic and Stock Water Supply and Irrigation District

Schedule 2Areas (or parts of areas), Heads of Agreement and land and water management plans

(Clause 4 (1))

Column 1	Column 2	Column 3
Area (or part)	Heads of Agreement	Land and water management plan
Berrigan, Conargo, Deniliquin, Jerilderie, Murray, Wakool, Windouran.	Heads of Agreement dated 10 April 1996 between the Minister for Land and Water Conservation, the Water Administration Ministerial Corporation, Murray Irrigation Limited, Murray Shire Council, Cadell Community Land and Water Management Plan Working Group Inc, Berriquin Community Land and Water Management Plan Working Group Inc, Denimein Community Land and Water Management Plan Working Group Inc and Wakool Community Land and Water Management Plan Working Group Inc.	* “Berriquin Land and Water Management Plan, Final Draft” dated April 1995, * “Cadell Land and Water Management Plan, Final Draft” dated August 1995, * “Denimein Land and Water Management Plan, Final Draft” dated August 1995, * “Wakool Land and Water Management Plan, Final Draft” dated August 1995, all as amended by the “Heads of Agreement—Murray Regional Land and Water Management Plans” dated April 1996.

Schedule 3

(Repealed)