Hawkesbury Local Environmental Plan 1989 (Amendment No 108)
Hawkesbury Local Environmental Plan 1989 (Amendment No 108)
Hawkesbury Local Environmental Plan 1989 (Amendment No 108)
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2006 <strong>No</strong> 472<strong>Hawkesbury</strong> <strong>Local</strong> <strong>Environmental</strong> <strong>Plan</strong> <strong>1989</strong> (<strong>Amendment</strong> <strong>No</strong> <strong>108</strong>)Schedule 1<strong>Amendment</strong>s(c) is or is part of an aquatic reserve under the FisheriesManagement Act 1994, or(d) is a site of a heritage item or is in a conservation area, or(e) is lower than 1.2 metres below the 1-in-100 year floodfrequency, or(f) is a remediation site within the meaning of theContaminated Land Management Act 1997 or land subjectto an agreement with the Environment ProtectionAuthority under section 26 of that Act for voluntaryremediation, or(g) is, at the date of commencement of <strong>Hawkesbury</strong> <strong>Local</strong><strong>Environmental</strong> <strong>Plan</strong> <strong>1989</strong> (<strong>Amendment</strong> <strong>No</strong> <strong>108</strong>),identified:(i) on a register maintained by the Council as land thatis subject to landslip, or(ii) on the Acid Sulfate Soils <strong>Plan</strong>ning Map as landcontaining potential acid sulphate soils of Class 1, 2or 3, or(h) is identified as a scenic area of the riverine corridor or as aconservation area sub-catchment under Sydney Regional<strong>Environmental</strong> <strong>Plan</strong> <strong>No</strong> 20—<strong>Hawkesbury</strong>-Nepean River(<strong>No</strong> 2—1997), or(i) is prohibited development under this plan or any otherenvironmental planning instrument.<strong>No</strong>te. Section 76A (6) of the <strong>Environmental</strong> <strong>Plan</strong>ning and AssessmentAct 1979 says development can not be complying development if it iscarried out on land:(a) that is critical habitat (within the meaning of the ThreatenedSpecies Conservation Act 1995), or(b) that is within a wilderness area (within the meaning of theWilderness Act 1987), or(c) that comprises, or on which there is, an item of the environmentalheritage to which an order under the Heritage Act 1977 applies orthat is identified as such an item in an environmental planninginstrument, or(d) that is identified as an environmentally sensitive area in theenvironmental planning instrument providing for the complyingdevelopment.(4) Subclause (3) (e) does not apply to development for the purposesof a swimming pool.(5) A complying development certificate must include the conditionsspecified in the <strong>Hawkesbury</strong> Development Control <strong>Plan</strong> that areapplicable to the particular type of development.Page 28
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