Warringah Local Environmental Plan 2000 (Amendment No 3) (2001-605) [GG No 120 of 3.8.2001, p 5819] (NSW)
2001 No 605
| Warringah Local Environmental Plan | New South Wales |
2000 (Amendment No 3)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S01/00429/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
| Published in Gazette No 120 of 3 August 2001, page 5819 | Page 1 |
| [8] | |
| 2001 No 605 |
| Clause 1 | Warringah Local Environmental Plan 2000 (Amendment No 3) |
Warringah Local Environmental Plan 2000
(Amendment No 3)
1 Name of plan
This plan is Warringah Local Environmental Plan 2000 (Amendment
No 3).
2 Aims of plan
This plan aims to:
| (a) | provide environmental planning controls that will result in the management of any disturbance to acid sulfate soils in the Warringah local government area so as to minimise impacts on natural waterbodies and wetlands and on agricultural, fishing, aquaculture, urban and infrastructure activities, and |
| (b) | minimise damage from acid sulfate soils to structures on properties, and |
| (c) | require special assessment of certain development on land identified as being subject to risks associated with the disturbance of acid sulfate soils, and |
| (d) | require special assessment of certain development on land identified as being subject to the risk of landslip. |
3 Land to which plan applies
This plan applies to:
| (a) | land shown as being within Classes 1–5 on the map marked “Warringah Local Environmental Plan 2000—Hazard Map 1—Acid Sulfate Soils” deposited in the office of Warringah Council, and |
| (b) | land shown as being potentially subject to landslip on the map marked “Warringah Local Environmental Plan 2000—Hazard Map 2—Landslip” deposited in the office of Warringah Council. |
4 Amendment of Warringah Local Environmental Plan 2000
Warringah Local Environmental Plan 2000 is amended as set out in
Schedule 1.
2001 No 605
Warringah Local Environmental Plan 2000 (Amendment No 3)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 8 What development is complying development?
Insert at the end of clause 8 (2) (d):
, or
| (e) | on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves any works specified for that land in clause 49A. |
[2] Clause 49A
Insert after clause 49:
|
Development on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map is to be carried out in a manner that manages any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies and wetlands, and on agriculture, fishing, aquaculture, urban activities and infrastructure.
In particular: for the Class of land concerned, that disturb more than one tonne of soil or that are likely to lower the watertable, unless the consent authority has considered an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. However, an acid sulfate soils management plan is not required where a preliminary assessment of the proposed works undertaken in accordance with these guidelines indicates that the proposed works need not be carried out pursuant to an acid sulfate soils management plan, and a copy of the assessment has been given to the Council.
2001 No 605
Warringah Local Environmental Plan 2000 (Amendment No 3)
| Schedule 1 | Amendments |
| Class of land as shown | Works |
| on Acid Sulfate Soils Hazard Map | |
| 1 | Any works |
| 2 | Works below natural ground surface Works by which the watertable is likely to be lowered |
| 3 | ground surface Works by which the watertable is |
| Works beyond 1 metre below natural below natural ground surface | |
| 4 | natural ground surface Works by which the watertable is |
| Works beyond 2 metres below below natural ground surface | |
| 5 | AHD contour and within 500 metres |
| Works on land below the 10 metre which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
Note. The works may occur in the carrying out of agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins), foundations, flood mitigation works or other works that are likely to lower the watertable.
[3] Clause 57 Development on sloping land
Insert at the end of clause 57:
Consent must not be granted for development involving the erection of a structure, including additions to an existing structure, on land identified as being potentially subject to landslip on the Landslip Hazard Map unless the consent authority has considered a report from a suitably qualified engineer as to the geotechnical stability of the land to support such development and an assessment of stormwater prepared by a suitably qualified hydraulic engineer.
2001 No 605
Warringah Local Environmental Plan 2000 (Amendment No 3)
| Amendments | Schedule 1 |
[4] Schedule 1 Exempt development
Insert at the end of clause 1 (g) in Schedule 1:
, or
| (h) | is on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves works specified for that land in clause 49A. |
[5] Dictionary
Insert in alphabetical order:
acid sulfate soils means actual or potential acid sulfate soils, as
defined in the Acid Sulfate Soils Assessment Guidelines.
Acid Sulfate Soils Assessment Guidelines means the Acid
Sulfate Soils Assessment Guidelines as published from time to
time by the NSW Acid Sulfate Soils Management Advisory
Committee and adopted for the time being by the
Director-General.
Acid Sulfate Soils Hazard Map means the map marked
“Warringah Local Environmental Plan 2000—Hazard
Map 1—Acid Sulfate Soils”.
Landslip Hazard Map means the map marked “Warringah
Local Environmental Plan 2000—Hazard Map 2—Landslip”.
BY AUTHORITY
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