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Environmental Clauses

The Draft Hilltops LEP consolidates the existing LEP Local Clauses that applies to Hilltops Local Government Area that exist in current LEPs of Young, Harden and Boorowa. Included in these Local Clauses are various environmental focused clauses and mapping layers.  The Terrestrial Biodiversity clause and mapping have been updated using data from the Biodiversity Conservation Division of the Department of Planning, Industry and Environment.

The proposal is primarily an administrative merger of LEP contents applying to the amalgamated Local Government Area

 Mapped Clauses include:

  • Terrestrial biodiversity (Clause 7.2)
  • Riparian land and watercourses (Clause 7.3)
  • Groundwater vulnerability (Clause 7.4)
  • Protection of water quality in drinking water catchments (Clause 7.5)
  • Salinity (Clause 7.6)
  • Highly erodible soils (Clause 7.7)

Other clauses include:

  • Earthworks – (Clause 7.1)
  • Flood planning (Clause 7.5)
  • Development along the Lachlan and Boorowa Rivers and Lake
  • Wyangala (Clause 7.8)

Terrestrial Biodiversity (Clause 7.2)

Before determining a development application for land to which this clause applies, Council must consider any adverse impact from the proposed development on native ecological community, habitat of any threatened species, population of ecological community and a regionally significant species of fauna and flora or habitat, and habitat elements providing connectivity.

The Terrestrial Biodiversity Map, developed by the NSW Government Biodiversity and Conservation Division of the Department of Planning Industry and Environment, assists Council and the Hilltops Community to quickly see where there may be important biodiversity values on a site including threatened plants or animals (for example superb parrots, the crimson spider-orchid and the Tarengo leek orchid) or remnant threatened ecological communities including box-gum woodland.

The information shown on the Terrestrial Biodiversity map is gathered from a range of sources including previous biodiversity surveys undertaken across Hilltops Council area and models developed to help understand where we are most likely to find remaining examples of threatened ecosystems for example ‘box-gum mapping’.

If the map shows that there is reasonable possibility that important biodiversity values may exist on a site, particularly if the site is being assessed for development, Council will work with the applicant to look at the site in more detail. This may include a requirement for a biodiversity survey.

The terrestrial biodiversity map is an indicator only, if an area is marked on the map as having potential to support important biodiversity it does not prohibit landowners from continuing current management or exploring alternate land use or development opportunities.

View the Terrestrial Biodiversity Map on the Online Map Viewer

Riparian Land and Watercourses (Clause 7.3)

The purpose of this clause is to maintain hydrological functions of riparian land, waterways, and aquifers.

The objectives of the Riparian Land and Watercourses clause is to maintain the hydrological functions of riparian land, waterways, and aquifers, including protecting water quality, and  natural water flows, and the stability of the bed and banks of waterways, and groundwater systems.

View the Riparian Land and Watercourses Map on the Online Map Viewer.

Ground Water Vulnerability (Clause 7.4)

The purpose of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination as a result of inappropriate development.

The objectives of this clause are to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of development.

View the Ground Water Vulnerability Map on the Online Map Viewer.

Protection of Water Quality in Drinking Water Catchments (Clause 7.5)

The purpose of this clause is to protect and maintain water quality in the drinking water catchment around Boorowa.

This clause applies to land identified as “Drinking Water Catchment” on the Drinking Water Catchment Map.

View the Drinking Water Catchment Map on the Online Map Viewer.

Salinity (Clause 7.6)

The purpose of this clause is to provide for the appropriate management of land that is subject to salinity and the minimisation and mitigation of adverse impacts from development that contributes to salinity.

View the Salinity Map on the Online Map Viewer.

Highly Erodible Soils (Clause 7.7)

The purpose of this clause is to provide for the appropriate management of land that has highly erodible soils or has the potential to be affected by the process of erosion.

This clause applies to land identified as “High Soil Erodibility” on the Natural Resources Land Map.

The objective of this clause is to provide for the appropriate management of land that has highly erodible soils or has the potential to be affected by the process of soil erosion.

View the Salinity Map on the Online Map Viewer.

Other Clauses

Earthworks (Clause 7.1)

The purpose of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

Objectives of the Earthworks Clause are to clause to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land, to allow earthworks of a minor nature without separate development consent.

Flood Planning (Clause 7.5)

The purpose of this clause is to minimize the flood risk to life and property associated with the use of land and applies to land that is at or below the flood planning level.

Council is proposing to note and map flood prone land outside of the LEP Framework to allow for flexibility to update Flood mapping when appropriate. Further consultation with NSW DPIE will occur as a part of the Gateway Determination and Consultation.

 The objectives of this clause are as follows—

  • to minimise the flood risk to life and property associated with the use of land,
  • 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,
  • to avoid significant adverse impacts on flood behaviour and the environment.

This clause applies to land at or below the flood planning level.

In this clause— flood planning level  means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

Development along the Lachlan and Boorowa Rivers and Lake Wyangala (Clause 7.8)

The purpose of this clause is to protect the immediate environment of Boorowa’s main rivers and water bodies by controlling development along their banks.

Development must not be granted for erection of building on land;

  • Comprising the bed of Lachlan or Boorowa Rivers, or
  • Zone RU1 primary production or Zone R5 large lot residential – within 100m of the top of the bank of the Lachlan or Boorowa River
  • Within 100m of the fully supply level of Lake Wyangala

The objective of this clause is to protect the immediate environs of Boorowa’s main rivers and water bodies by controlling development along their banks.