Hazard & Sensitive Land

Hazard and Sensitive Land

Hay LEP 2011

3.3 Environmentally sensitive areas excluded.

1. Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

2. For the purpose of this clause:
Environmentally sensitive area for exempt or complying development means any of the following;

a) the coastal waters of the State
b) a coastal lake
c) land to which State Environmental Planning Policy No 14- Coastal Wetlands or State Environmental Planning Policy No 26- Littoral Rainforests applies
d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as  marine park under the Marine Parks Act 1997
e) land within a wetland of international significance declared under the World Heritage Convention
f) land within 100 metres of land to which paragraph (c), (d) or (e) applies
g) land identified in this or any other environmentally planning instrument as being of high Aboriginal cultural significance or high biodiversity significance
h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act
i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes
j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

Note: Other legislation has been introduced by the NSW State Government which prevails over Council's LEP.

    Flood Liable Land

    Hay LEP 2011

    Cl 6.8 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 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 compatiable with the flood hazard of the land and
    b) is not likely to 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) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or reduction in the stability of river banks or water courses, and
    e) is not likely to result in unsustainable social or 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 in 2005 by the NSW Government, unless it is otherwise defined in this clause.

    5) In this clause, flood planning level means the level of 1: 100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.


    Bushfire Zones

    There are designated bushfire zones in the Hay and South Hay township (following the river).

    For more information on building in a bushfire area, please visit the Rural Fire Service website www.rfs.nsw.gov.au.