Bega Valley Local Environmental Plan 2013 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Bega Valley Local Environmental Plan 2013.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Bega Valley in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

(aa)
to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)
to protect and improve the economic, natural and social resources of Bega Valley through the principles of ecologically sustainable development, including conservation of biodiversity, energy efficiency and taking into account projected changes as a result of climate change,
(b)
to provide employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, that respond to lifestyle choices, emerging markets and changes in technology,
(c)
to conserve and enhance environmental assets, including estuaries, rivers, wetlands, remnant native vegetation, soils and wildlife corridors,
(d)
to encourage compact and efficient urban settlement,
(e)
to ensure that development contributes to the natural landscape and built form environments that make up the character of Bega Valley,
(f)
to provide opportunities for a range of housing choices, including affordable and adaptive housing, in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,
(g)
to protect agricultural lands by preventing land fragmentation and adverse impacts from non-agricultural land uses,
(h)
to identify and conserve the Aboriginal and European cultural heritage of Bega Valley,
(i)
to restrict development on land that is subject to natural hazards,
(j)
to ensure that development has minimal impact on water quality and environmental flows of receiving waters.

cl 1.2: Am 2024 (292), Sch 1[1].

1.3Land to which Plan applies(1)

This Plan applies to the land identified on the Land Application Map.

(1A)

Despite subclause (1), this Plan does not apply to the land identified as “Deferred Matter” on the Land Application Map.

cl 1.3: Am 2014 (360), Sch 1.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

(a)
approved by the local plan-making authority when the map is adopted, and
(b)
as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note.

While Bega Valley Local Environmental Plan 2002 no longer applies to the land to which this Plan applies, it will continue to apply to the land identified as “Deferred matter” under clause 1.3(1A).

cl 1.8: Am 2020 (210), cl 5.

1.8ASavings provision relating to development applications(1)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

(2)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

cl 1.9: Am 2013 No 111, Sch 3.2 [1] [2]; 2016 (310), Sch 4.2.

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

(a)
to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)
to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)
to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)
to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)
to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)
to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)
to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

•Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU5 Village
•Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
•Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
•Mixed Use Zones
MU1 Mixed Use
•Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
•Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
•Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
•Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront

cl 2.1: Am 2015 (62), Sch 1 [1]; 2022 (829), Sch 1.2[1] [2].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

(a)
the objectives for development, and
(b)
development that may be carried out without development consent, and
(c)
development that may be carried out only with development consent, and
(d)
development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

(a)
a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)
a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

(a)
must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)
must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)
with development consent, or
(b)
if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

(a)
the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)
the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)
the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)
at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

(a)
a constructed canal, or other waterway or waterbody, that—
- (i)
  is inundated by surface water or groundwater movement, or
- (ii)
  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)
the erection of a dwelling, and
(c)
one or both of the following—
- (i)
  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
- (ii)
  excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

(a)
carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)
limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

•
State Environmental Planning Policy (Housing) 2021
•
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
•
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
•
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
•
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
•
State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2015 (50), Sch 1 [1] [2]; 2015 (62), Sch 1 [2]; 2015 (740), cl 5 (1)–(3); 2016 (168), Sch 1 [4]; 2017 (493), Sch 1.1 [1] [2]; 2017 (508), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (239), Sch 1[1] [2]; 2021 (586), Sch 1[1]–[6]; 2021 (714), Sch 10.2; 2022 (314), Sch 1; 2022 (829), Sch 1.2[3] [4]; 2023 (458), Sch 2.5; 2024 (1), Sch 1[1]–[4]; 2024 (292), Sch 1[2] [3]; 2025 (310), Sch 1[1]–[3].

Zone RU1Primary Production1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To encourage diversity in primary industry enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of resource lands.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.
•
To encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.
•
To maintain and protect the scenic value and rural landscape characteristics of land in the zone.

2Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home businesses; Home industries; Home occupations

3Permitted with consent

Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone RU2Rural Landscape1Objectives of zone

•
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•
To maintain the rural landscape character of the land.
•
To provide for a range of compatible land uses, including extensive agriculture.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations

3Permitted with consent

Agritourism; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Home-based child care; Information and education facilities; Intensive plant agriculture; Jetties; Landscaping material supplies; Light industries; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Storage premises; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone RU3Forestry1Objectives of zone

•
To enable development for forestry purposes.
•
To enable other development that is compatible with forestry land uses.

2Permitted without consent

Bee keeping; Building identification signs; Environmental facilities; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013

3Permitted with consent

Aquaculture; Camping grounds; Eco-tourist facilities; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone RU4Primary Production Small Lots1Objectives of zone

•
To enable sustainable primary industry and other compatible land uses.
•
To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Agricultural produce industries; Agritourism; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Depots; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Garden centres; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Roads; Roadside stalls

4Prohibited

Any development not specified in item 2 or 3

Zone RU5Village1Objectives of zone

•
To provide for a range of land uses, services and facilities that are associated with a rural village.
•
To ensure that development maintains and protects the village character.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations

3Permitted with consent

Agritourism; Bee keeping; Boarding houses; Boat launching ramps; Car parks; Caravan parks; Centre-based child care facilities; Commercial premises; Community facilities; Crematoria; Depots; Dwelling houses; Dual occupancies; Entertainment facilities; Environmental facilities; Exhibition homes; Function centres; Health consulting rooms; Home-based child care; Information and education facilities; Jetties; Light industries; Local distribution premises; Medical centres; Mortuaries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Schools; Secondary dwellings; Self-storage units; Semi-detached dwellings; Seniors housing; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Wholesale supplies

4Prohibited

Specialised retail premises; Any other development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a low density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•
To provide a mix of housing, including affordable and adaptable housing, to meet community needs.

2Permitted without consent

Environmental protection works; Home businesses; Home industries; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Building identification signs; Business identification signs; Centre-based child care facilities; Co-living housing; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Hostels; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Water recreation structures; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone

•
To provide for the housing needs of the community within a medium density residential environment.
•
To provide a variety of housing types within a medium density residential environment.
•
To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Environmental protection works; Home businesses; Home industries; Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Extractive industries; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone R5Large Lot Residential1Objectives of zone

•
To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•
To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•
To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations

3Permitted with consent

Bee keeping; Cellar door premises; Dwelling houses; Information and education facilities; Landscaping material supplies; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Air transport facilities; Airstrips; Amusement centres; Attached dwellings; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dairies (pasture-based); Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Funeral homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Office premises; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restricted premises; Retail premises; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Sewage treatment plants; Sex services premises; Shop top housing; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water reticulation systems; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

Zone E1Local Centre1Objectives of zone

•
To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
•
To encourage investment in local commercial development that generates employment opportunities and economic growth.
•
To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
•
To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•
To strengthen the viability of existing business centres as places for investment, employment and cultural activity.

2Permitted without consent

Environmental protection works; Home businesses; Home industries; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone E2Commercial Centre1Objectives of zone

•
To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
•
To encourage investment in commercial development that generates employment opportunities and economic growth.
•
To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
•
To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
•
To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

2Permitted without consent

Environmental protection works; Home businesses; Home industries; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Zone E3Productivity Support1Objectives of zone

•
To provide a range of facilities and services, light industries, warehouses and offices.
•
To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
•
To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
•
To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
•
To provide opportunities for new and emerging light industries.
•
To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

2Permitted without consent

Environmental protection works

3Permitted with consent

Agricultural produce industries; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Crematoria; Depots; Environmental facilities; Food and drink premises; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Highway service centres; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Marinas; Markets; Medical centres; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Resource recovery facilities; Restricted premises; Roads; Rural supplies; Service stations; Sewerage systems; Shops; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water supply systems; Wharf or boating facilities; Wholesale supplies

4Prohibited

Any other development not specified in item 2 or 3

Zone E4General Industrial1Objectives of zone

•
To provide a range of industrial, warehouse, logistics and related land uses.
•
To ensure the efficient and viable use of land for industrial uses.
•
To minimise any adverse effect of industry on other land uses.
•
To encourage employment opportunities.
•
To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
•
To ensure that development has regard to the environmental constraints of the land and minimises adverse impacts on biodiversity, water resources and natural landforms.

2Permitted without consent

Environmental protection works

3Permitted with consent

Depots; Food and drink premises; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Office premises; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Hazardous storage establishments; Health services facilities; Helipads; Home occupations (sex services); Marinas; Medical centres; Mooring pens; Moorings; Mortuaries; Offensive storage establishments; Open cut mining; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures

Zone E5Heavy Industrial1Objectives of zone

•
To provide areas for industries that need to be separated from other land uses.
•
To ensure the efficient and viable use of land for industrial uses.
•
To minimise any adverse effect of industry on other land uses.
•
To encourage employment opportunities.
•
To ensure the carrying out of development has regard to environmental constraints on land and minimises adverse impacts on biodiversity, water resources and natural landforms.

2Permitted without consent

Environmental protection works

3Permitted with consent

Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Kiosks; Offensive storage establishments; Oyster aquaculture; Pond-based aquaculture; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Artisan food and drink industries; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Creative industries; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Health services facilities; Helipads; Home occupations (sex services); Local distribution premises; Marinas; Medical centres; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures

Zone MU1Mixed Use1Objectives of zone

•
To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
•
To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•
To minimise conflict between land uses within this zone and land uses within adjoining zones.
•
To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•
To enable residential development that contributes to a vibrant and active centre and is consistent with the Council’s strategic planning for residential development in the area.

2Permitted without consent

Environmental protection works; Home businesses; Home industries; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water supply systems

Zone SP1Special Activities1Objectives of zone

•
To provide for special land uses that are not provided for in other zones.
•
To provide for sites with special natural characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone

•
To provide for infrastructure and related uses.
•
To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone

•
To provide for a variety of tourist-oriented development and related uses.

2Permitted without consent

Environmental protection works

3Permitted with consent

Amusement centres; Artisan food and drink industries; Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Function centres; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Service stations; Tourist and visitor accommodation; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone

•
To enable land to be used for public open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Sewage treatment plants; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone

•
To enable land to be used for private open space or recreational purposes.
•
To provide a range of recreational settings and activities and compatible land uses.
•
To protect and enhance the natural environment for recreational purposes.
•
To ensure that the scale and character of private recreational development is compatible with the surrounding land uses.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Tourist and visitor accommodation; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone

•
To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•
To enable uses authorised under the National Parks and Wildlife Act 1974.
•
To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone

•
To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

2Permitted without consent

Environmental protection works

3Permitted with consent

Agritourism; Boat launching ramps; Boat sheds; Building identification signs; Community facilities; Environmental facilities; Jetties; Oyster aquaculture; Roads; Water recreation structures

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone

•
To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development that does not have an adverse effect on those values.
•
To provide for low density development and land use activities relating to settlement in natural surroundings, for sustainable agriculture and for other types of land uses compatible with the primary environmental values of the zone.
•
To limit residential development in environmentally sensitive areas.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home businesses; Home industries; Home occupations

3Permitted with consent

Agritourism; Bed and breakfast accommodation; Bee keeping; Boat launching ramps; Building identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Dwelling houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Function centres; Home-based child care; Information and education facilities; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Viticulture; Water recreation structures; Water storage facilities

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone

•
To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•
To ensure that residential development does not have an adverse effect on those values.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home businesses; Home occupations

3Permitted with consent

Agritourism; Bed and breakfast accommodation; Bee keeping; Building identification signs; Camping grounds; Cellar door premises; Community facilities; Dwelling houses; Dual occupancies; Eco-tourist facilities; Environmental facilities; Flood mitigation works; Home industries; Information and education facilities; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture; Water recreation structures; Water storage facilities

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone

•
To protect the ecological and scenic values of natural waterways.
•
To prevent development that would have an adverse effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Environmental facilities; Jetties; Mooring pens; Moorings; Recreation areas

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone

•
To protect the ecological, scenic and recreation values of recreational waterways.
•
To allow for water-based recreation and related uses.
•
To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation areas; Water recreation structures

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W3Working Waterways1Objectives of zone

•
To enable the efficient movement and operation of commercial shipping, water-based transport and maritime industries.
•
To promote the equitable use of waterways, including appropriate recreational uses.
•
To minimise impacts on ecological values arising from the active use of waterways.
•
To provide for sustainable fishing industries.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Port facilities; Recreation areas; Water recreation structures; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Zone W4Working Waterfront1Objectives of zone

•
To retain and encourage industrial and maritime activities on foreshores.
•
To identify sites for maritime purposes and for activities requiring direct foreshore access.
•
To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
•
To encourage employment opportunities.
•
To minimise any adverse effect of development on land uses in other zones.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Building identification signs; Business identification signs; Boat building and repair facilities; Boat launching ramps; Charter and tourism boating facilities; Depots; Freight transport facilities; Industrial training facilities; Industries; Jetties; Light industries; Liquid fuel depots; Marinas; Mooring pens; Moorings; Port facilities; Public administration buildings; Research stations; Restaurants or cafes; Roads; Shops; Warehouse or distribution centres; Wharf or boating facilities

4Prohibited

Any development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

(a)
must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)
must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)
must not be designated development, and
(d)
must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

(a)
the building has a current fire safety certificate or fire safety statement, or
(b)
no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

(a)
be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)
not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

(a)
the development standards specified in relation to that development, and
(b)
the requirements of this Part,

is complying development.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

(a)
be permissible, with development consent, in the zone in which it is carried out, and
(b)
meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)
have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally 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 purposes 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 within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)
land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)
land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area 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 environmental 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 Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)
land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

(a)
to provide controls for the subdivision of land in order to achieve the objectives of the relevant zone.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of any land—

(a)
by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)
by any kind of subdivision under the Community Land Development Act 2021.

(4A)

Despite subclause (3), development consent may be granted for the subdivision of land in the following zones to create lots of at least 150 square metres if there are at least 2 existing dwellings (other than secondary dwellings) on the land and each dwelling will be located on a separate lot resulting from the subdivision—

(a)
Zone RU5 Village,
(b)
Zone R2 Low Density Residential,
(c)
Zone R3 Medium Density Residential.

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

(a)
to provide controls for the subdivision of community title schemes in order to achieve the objectives of the relevant zone.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone RU5 Village,
(e)
Zone R3 Medium Density Residential,
(f)
Zone R5 Large Lot Residential,
(g)
Zone C3 Environmental Management,
(h)
Zone C4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (829), Sch 1.2[5] [6]; 2025 (310), Sch 1[4].

4.1AMinimum lot size for manor houses, multi dwelling housing (terraces), dual occupancies and secondary dwellings in Zones RU5 and R2(1)

The objective of this clause is to achieve planned residential density in certain zones.

(2)

This clause applies to land in the following zones—

(a)
Zone RU5 Village,
(b)
Zone R2 Low Density Residential.

(3)

Development consent must not be granted to development on a lot for the purposes of dual occupancies or secondary dwellings unless the lot is at least—

(a)
for dual occupancies—550m2, or
(b)
for secondary dwellings—450m2.

(4)

Development consent must not be granted to development on a lot for the purposes of manor houses or multi dwelling housing (terraces) unless the lot is at least—

(a)
in Zone RU5 Village—1000m2, or
(b)
in Zone R2 Low Density Residential—900m2.

(5)

If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle must not be included in calculating the lot size.

(6)

In this clause—

manor house and multi dwelling housing (terraces) have the same meanings as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Note—

See State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clause 3B.1A for the permissibility of development for the purposes of manor houses in Zone RU5 Village and Zone R2 Low Density Residential.

cl 4.1A: Subst 2021 (700), cl 4. Am 2024 (292), Sch 1[4] [5]. Subst 2025 (310), Sch 1[5].

4.1BLot averaging subdivision in Zone R5, Zone C3 and Zone C4(1)

The objective of this clause is to ensure that lot sizes and subdivision patterns for residential accommodation conserve and provide protection for the environmental values of the land by encouraging buildings to be appropriately sited.

(2)

This clause applies to land in the following zones—

(a)
Zone R5 Large Lot Residential,
(b)
Zone C3 Environmental Management,
(c)
Zone C4 Environmental Living.

(3)

Despite clauses 4.1 and 4.1AA, development consent may be granted to the subdivision of land to which this clause applies (whether or not the subdivision is under the Community Land Development Act 1989) if—

(a)
the consent authority is satisfied that the land to be subdivided is proposed to be used for the purpose of residential accommodation, and
(b)
for land in Zone R5 Large Lot Residential—the area of the lots resulting from the subdivision will not be less than 3,000 square metres, and
(c)
for land in Zone C3 Environmental Management or Zone C4 Environmental Living—the area of the lots resulting from the subdivision will not be less than 5,000 square metres, and
(d)
the total number of lots resulting from the subdivision will not exceed the number of lots that could be created by a subdivision of the same land under clause 4.1(3) or 4.1AA(3), and
(e)
the consent authority is satisfied that the development retains, and is complementary to, the environmental attributes of the land and its surrounds.

(4)

Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot created under this clause unless the consent authority is satisfied that—

(a)
the lots resulting from the subdivision will not be used for the purpose of residential accommodation, and
(b)
the subdivision will not result in any significant adverse environmental impacts on the land being subdivided.

cl 4.1B: Am 2022 (829), Sch 1.2[5]–[8].

4.1CMinimum subdivision lot size for strata subdivisions in certain rural, residential and conservation zones(1)

The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone R5 Large Lot Residential,
(e)
Zone C3 Environmental Management,
(f)
Zone C4 Environmental Living.

(3)

Development consent must not be granted for the subdivision of land to which this clause applies by registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 if the subdivision would create lots of less than the minimum lot size specified for the land on the Lot Size Map.

cl 4.1C: Ins 2024 (1), Sch 1[5].

4.2Rural subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

This clause applies to the following rural zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone RU6 Transition.

Note.

When this Plan was made it did not include all of these zones.

(3)

Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note.

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2AErection of dwelling houses and dual occupancies on land in certain rural, residential and conservation zones(1)

The objectives of this clause are as follows—

(a)
to minimise unplanned rural residential development,
(b)
to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural, residential and conservation zones.

(2)

This clause applies to land in the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small Lots,
(d)
Zone R5 Large Lot Residential,
(e)
Zone C3 Environmental Management,
(f)
Zone C4 Environmental Living.

(3)

Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—

(a)
is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b)
is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c)
is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(ca)
is a lot resulting from a subdivision under clause 4.1B(3), or
(d)
is an original holding, or
(da)
for the erection of a dwelling house—is a relevant lot on which the erection of a dwelling house was permissible immediately before 9 May 2008, or
(e)
would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (da) had it not been affected by—
- (i)
  a minor realignment of its boundaries that did not create an additional lot, or
- (ii)
  a subdivision creating or widening a public road or public reserve or for another public purpose.

Note.

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(4)

Development consent must not be granted for the erection of a dwelling house on a relevant lot unless the consent authority is satisfied of the following—

(a)
the lot is physically suitable for the erection of the dwelling house,
(b)
the lot is capable of accommodating the on-site disposal and management of sewage for the dwelling house,
(c)
the lot does not—
- (i)
  contain or adjoin a perennial stream, or
- (ii)
  have an easement to draw water from a perennial stream,
(d)
the erection of the dwelling house will not cause a significant conflict with—
- (i)
  an existing use of the land, or
- (ii)
  an agricultural use of adjacent land,
(e)
the dwelling house will not be located within 100m of the boundary of a national park or nature reserve,
(f)
the dwelling house will have direct vehicular access to and from a public road other than a highway within the meaning of the Roads Act 1993,
(g)
adequate services for the disposal and management of rubbish generated by the occupants of the dwelling house are available,
(h)
the dwelling house will be designed, sited and managed to—
- (i)
  avoid a significant adverse environmental impact on the land, or
- (ii)
  if an impact cannot reasonably be avoided—minimise and mitigate the impact.

(5)

Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy.

(6)

In this clause—

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

Note.

The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

national park and nature reserve have the same meanings as in the National Parks and Wildlife Act 1974.

original holding means—

(a)
land that is identified as “Original Holdings” on the Original Holdings Map, or
(b)
any other land that was a holding on 7 January 1966, and is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 7 January 1966.

relevant lot means a lot—

(a)
with a lot size of at least 2ha and not more than 10ha, and
(b)
on land other than an area designated “Class 1” or “Class 2” in the Land and Soil Capability Mapping for NSW dataset published by the Department in February 2013 and revised in October 2021, and
(c)
not entirely enclosed by one or more of the following—
- (i)
  a national park or nature reserve,
- (ii)
  a state conservation area within the meaning of the National Parks and Wildlife Act 1974,
- (iii)
  a state forest within the meaning of the Forestry Act 2012.

cl 4.2A: Am 2018 (381), Sch 1 [1]–[3]; 2018 No 68, Sch 2.3; 2021 (239), Sch 1[3]; 2022 (386), Sch 1[1]–[8]; 2024 (1), Sch 1[6].

4.2BExceptions to minimum lot sizes for certain rural subdivisions(1)

The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.

(2)

This clause applies to land in the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape.

(3)

Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that—

(a)
there is no dwelling house or dual occupancy located on the land, and
(b)
the use of the land after the subdivision will be the same use permitted under the existing development consent for the land.

(4)

Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that—

(a)
the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b)
the subdivision is necessary for the ongoing operation of the permissible use, and
(c)
the subdivision will not increase rural land use conflict in the locality, and
(d)
the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

4.2CErection of rural workers’ dwellings(1)

The objectives of this clause are as follows—

(a)
to ensure the provision of adequate accommodation for employees of existing agricultural or rural industries,
(b)
to permit the erection of rural workers’ dwellings if there is a genuine need to accommodate on-site employees due to the nature of the agricultural or rural industry, or due to the location of the land,
(c)
to prevent the erection of rural workers’ dwellings if the agricultural or rural industry does not have the capacity to support the employment of rural workers.

(2)

This clause applies to land in the following zones—

(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape.

(3)

Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this clause applies unless the consent authority is satisfied that—

(a)
the development will be on the same lot as an existing lawfully erected dwelling house, and
(b)
the development will not impair the use of the land for agricultural or rural industries, and
(c)
the agricultural or rural industry being carried out on the land has a demonstrated economic capacity to support the ongoing employment of rural workers, and
(d)
the development is necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or as a result of the remote or isolated location of the land.

4.2DErection of dual occupancies (detached) in Zone RU1 and Zone RU2(1)

The objectives of this clause are as follows—

(a)
to provide alternative accommodation for rural families and workers,
(b)
to ensure development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land and adjoining land,
(c)
to provide an optimal layout of dwellings as follows—
- (i)
  in relation to the aspect and slope of the land,
- (ii)
  that minimises the potential for land use conflicts,
- (iii)
  that minimises the risk of natural hazards that may affect the site,
- (iii)
  that protects the biodiversity and Aboriginal cultural heritage of the land.

(2)

Development consent must not be granted to development for the purpose of a dual occupancy (detached) on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape unless the consent authority is satisfied that—

(a)
the development will not impair the use of the land for agriculture or rural industries, and
(b)
each dwelling will use the same vehicular access to and from a public road, and
(c)
each dwelling will be situated within 250 metres of each other, and
(d)
the land is physically suitable for the development, and
(e)
the land is capable of accommodating the on-site disposal and management of sewage for the development, and
(f)
the development will not have an adverse impact on the scenic amenity or character of the rural environment.

cl 4.2D: Ins 2015 (50), Sch 1 [3]. Am 2015 No 58, Sch 2.1; 2021 (239), Sch 1[4] [5].

4.2EExceptions to minimum subdivision lot size for boundary adjustments(1)

The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.

(2)

Despite clause 4.1, development consent may be granted to the subdivision of 2 or more adjoining lots where one or more lots do not meet the minimum lot size shown on the Lot Size Map if the consent authority is satisfied that the subdivision will not result in any of the following—

(a)
an increase in the number of lots,
(b)
an increase in the number of dwellings that may be erected on any of the lots,
(c)
increased potential for land use conflicts.

(3)

In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—

(a)
whether or not the development is likely to maintain or improve the environmental values and agricultural viability of the land,
(b)
the potential impact on the natural and physical constraints affecting the land, taking into account the long-term maintenance, management and protection of the land,
(c)
the compatibility with existing or potential land uses and measures that are deemed necessary to avoid or minimise any potential for land use conflicts.

(4)

This clause does not apply in relation to a subdivision under the Community Land Development Act 1989, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

cl 4.2E: Ins 2016 (4), Sch 1.

4.2FExceptions to minimum subdivision lot sizes for resulting lots(1)

The objectives of this clause are as follows—

(a)
to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b)
to ensure that the subdivision occurs in a manner that promotes suitable land use and development.

(2)

This clause applies to a lot (an original lot) that contains land in—

(a)
a rural or conservation zone, and
(b)
one or more other zones.

(3)

Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

(a)
one of the resulting lots will contain all of the land within a rural or conservation zone, and—
- (i)
  any existing dwelling, or
- (ii)
  any land within any other zone with an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(b)
all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

In determining whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following—

(a)
whether or not the development is likely to maintain or improve the environmental values and agricultural viability of the land,
(b)
the potential impact on the natural and physical constraints affecting the land, taking into account the long-term maintenance, management and protection of the land,
(c)
the compatibility with existing or potential land uses and measures that are deemed necessary to avoid or minimise any potential for land use conflicts.

cl 4.2F: Ins 2016 (4), Sch 1. Am 2022 (829), Sch 1.2[9].

4.3Height of buildings(1)

The objectives of this clause are as follows—

(a)
to ensure new development is appropriate in the context of the predominant form and scale of surrounding development, including present and likely future development, surrounding landforms and the visual setting,
(b)
to protect residential amenity, views, privacy and solar access.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

(a)
the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)
the cleaning of motor vehicles,
(c)
installation of accessories,
(d)
inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)
the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note.

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

(a)
pipelines and tunnels, and
(b)
pumping stations, and
(c)
dosing facilities, and
(d)
odour control works, and
(e)
sewage overflow structures, and
(f)
vent stacks.

Note.

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note.

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

(a)
biosolids treatment facility,
(b)
sewage reticulation system,
(c)
sewage treatment plant,
(d)
water recycling facility,
(e)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note.

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

Note.

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

(a)
an advertising structure,
(b)
a building identification sign,
(c)
a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note.

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

(a)
any basement,
(b)
any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)
any eaves,
(d)
unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note.

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

(a)
a large area for handling, display or storage, or
(b)
direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note.

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note.

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

(a)
a space that contains only a lift shaft, stairway or meter room, or
(b)
a mezzanine, or
(c)
an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note.

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

(a)
that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)
that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note.

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note.

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

(a)
any part of the infrastructure of a telecommunications network, or
(b)
any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)
any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

Terrestrial Biodiversity Map means the Bega Valley Local Environmental Plan 2013 Terrestrial Biodiversity Map.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note.

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

(a)
backpackers’ accommodation,
(b)
bed and breakfast accommodation,
(c)
farm stay accommodation,
(d)
hotel or motel accommodation,
(e)
serviced apartments,

but does not include—

(f)
camping grounds, or
(g)
caravan parks, or
(h)
eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note.

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

(a)
mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)
shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note.

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

(a)
a resource recovery facility,
(b)
a waste disposal facility,
(c)
a waste or resource transfer station,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

(a)
retention structures, and
(b)
treatment works, and
(c)
irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

(a)
a water reticulation system,
(b)
a water storage facility,
(c)
a water treatment facility,
(d)
a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

(a)
natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)
artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

(a)
facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)
facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)
wharves for commercial fishing operations,
(d)
refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)
sea walls or training walls,
(f)
administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2017 (366), cl 5 (3); 2018 (381), Sch 1 [4].

Maps: Am 2014 (360), cl 4; 2014 (669), cl 4; 2014 (686), cl 4; 2015 (62), cl 4; 2015 (63), cl 4; 2015 (373), cl 4; 2015 (391), cl 4; 2015 (482), cl 4; 2015 (483), cl 4; 2015 (646), cl 4; 2015 (739), cl 4; 2015 (740), cl 4; 2016 (219), cl 4; 2016 (470), cl 4; 2016 (590), cl 4; 2017 (53), cl 4; 2017 (54), cl 4; 2017 (121), cl 4; 2017 (366), cl 4; 2017 (508), cl 4; 2017 (652), cl 4; 2017 (719), cl 4; 2018 (39), cl 4; 2018 (380), cl 4; 2018 (381), Sch 1 [4]; 2019 (156), cl 4; 2019 (333), cl 4; 2020 (210), cl 4; 2020 (222), cl 4; 2021 (238), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Bega Valley Local Environmental Plan 2013 (408). LW 2.8.2013. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2013	No 111	Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.2, 3.1.2014, sec 2 (1); date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.
2014	(360)	Bega Valley Local Environmental Plan 2013 (Amendment No 1). LW 13.6.2014. Date of commencement, on publication on LW, cl 2.
No 33	Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.
(513)	Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2.
(669)	Bega Valley Local Environmental Plan 2013 (Amendment No 3). LW 17.10.2014. Date of commencement, on publication on LW, cl 2.
(686)	Bega Valley Local Environmental Plan 2013 (Amendment No 2). LW 24.10.2014. Date of commencement, on publication on LW, cl 2.
2015	(50)	Bega Valley Local Environmental Plan 2013 (Amendment No 6). LW 6.2.2015. Date of commencement, on publication on LW, cl 2.
(62)	Bega Valley Local Environmental Plan 2013 (Amendment No 4). LW 13.2.2015. Date of commencement, on publication on LW, cl 2.
(63)	Bega Valley Local Environmental Plan 2013 (Amendment No 5). LW 13.2.2015.

Date of commencement, on publication on LW, cl 2.
No 15	Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3).
(373)	Bega Valley Local Environmental Plan 2013 (Amendment No 7). LW 10.7.2015. Date of commencement, on publication on LW, cl 2.
(391)	Bega Valley Local Environmental Plan 2013 (Amendment No 9). LW 17.7.2015. Date of commencement, on publication on LW, cl 2.
(482)	Bega Valley Local Environmental Plan 2013 (Amendment No 11). LW 21.8.2015. Date of commencement, on publication on LW, cl 2.
(483)	Bega Valley Local Environmental Plan 2013 (Amendment No 12). LW 21.8.2015. Date of commencement, on publication on LW, cl 2.
(646)	Bega Valley Local Environmental Plan 2013 (Amendment No 8). LW 23.10.2015. Date of commencement, on publication on LW, cl 2.
No 58	Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1).
(739)	Bega Valley Local Environmental Plan 2013 (Amendment No 14). LW 4.12.2015. Date of commencement, on publication on LW, cl 2.
(740)	Bega Valley Local Environmental Plan 2013 (Amendment No 15). LW 4.12.2015. Date of commencement, on publication on LW, cl 2.
2016	(4)	Bega Valley Local Environmental Plan 2013 (Amendment No 13). LW 8.1.2016. Date of commencement, on publication on LW, cl 2.
(43)	Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2.
(126)	Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2.
(168)	Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2.
(219)	Bega Valley Local Environmental Plan 2013 (Amendment No 17). LW 6.5.2016. Date of commencement, on publication on LW, cl 2.
(309)	Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
(310)	State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
(470)	Bega Valley Local Environmental Plan 2013 (Amendment No 10). LW 29.7.2016. Date of commencement, on publication on LW, cl 2.
(590)	Bega Valley Local Environmental Plan 2013 (Amendment No 21). LW 23.9.2016. Date of commencement, on publication on LW, cl 2.
2017	(52)	Bega Valley Local Environmental Plan 2013 (Amendment No 18). LW 3.3.2017. Date of commencement, on publication on LW, cl 2.
(53)	Bega Valley Local Environmental Plan 2013 (Amendment No 20). LW 3.3.2017. Date of commencement, on publication on LW, cl 2.
(54)	Bega Valley Local Environmental Plan 2013 (Amendment No 22). LW 3.3.2017. Date of commencement, on publication on LW, cl 2.
(121)	Bega Valley Local Environmental Plan 2013 (Amendment No 23). LW 31.3.2017. Date of commencement, on publication on LW, cl 2.
(366)	Bega Valley Local Environmental Plan 2013 (Amendment No 16). LW 21.7.2017. Date of commencement, on publication on LW, cl 2.
(453)	Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2.
(492)	Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(493)	State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(508)	Bega Valley Local Environmental Plan 2013 (Amendment No 26). LW 15.9.2017. Date of commencement, on publication on LW, cl 2.
(652)	Bega Valley Local Environmental Plan 2013 (Amendment No 27). LW 24.11.2017. Date of commencement, on publication on LW, cl 2.
(719)	Bega Valley Local Environmental Plan 2013 (Amendment No 24). LW 15.12.2017. Date of commencement, on publication on LW, cl 2.
2018	(39)	Bega Valley Local Environmental Plan 2013 (Amendment No 25). LW 16.2.2018. Date of commencement, on publication on LW, cl 2.
(105)	Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2.
(106)	State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2.
(154)	Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2.
No 40	Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.
(380)	Bega Valley Local Environmental Plan 2013 (Amendment No 29). LW 13.7.2018. Date of commencement, on publication on LW, cl 2.
(381)	Bega Valley Local Environmental Plan 2013 (Amendment No 30). LW 13.7.2018. Date of commencement, on publication on LW, cl 2.
(404)	Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(405)	Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(406)	State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(477)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2.
(488)	State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).
No 46	Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.
No 68	Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.3, 8.1.2019, sec 2 (1).
(717)	Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2.
2019	(133)	Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(137)	State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(156)	Bega Valley Local Environmental Plan 2013 (Amendment No 31). LW 29.3.2019. Date of commencement, on publication on LW, cl 2.
(333)	Bega Valley Local Environmental Plan 2013 (Amendment No 32). LW 12.7.2019. Date of commencement, on publication on LW, cl 2.
(620)	Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2.
(621)	State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1).
2020	(155)	Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2.
(210)	Bega Valley Local Environmental Plan 2013 (Amendment No 33). LW 15.5.2020. Date of commencement, on publication on LW, cl 2.
(222)	Bega Valley Local Environmental Plan 2013 (Amendment No 34). LW 22.5.2020. Date of commencement, on publication on LW, cl 2.
No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).
(636)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2.
No 40	Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.
(762)	Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2.
2021	No 6	Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.
(175)	State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2.
(225)	State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2.
(226)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2.
(238)	Bega Valley Local Environmental Plan 2013 (Amendment No 35). LW 21.5.2021. Date of commencement, on publication on LW, cl 2.
(239)	Bega Valley Local Environmental Plan 2013 (Amendment No 36). LW 21.5.2021. Date of commencement, on publication on LW, cl 2.
(302)	State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(586)	Bega Valley Local Environmental Plan 2013 (Amendment No 37). LW 8.10.2021. Date of commencement, on publication on LW, cl 2.
(650)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.
(700)	Bega Valley Local Environmental Plan 2013 (Amendment No 38). LW 26.11.2021. Date of commencement, on publication on LW, cl 2.
(711)	Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2.
(714)	State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2.
2022	(55)	Bega Valley Local Environmental Plan 2013 (Amendment No 40). LW 25.2.2022. Date of commencement, on publication on LW, cl 2.
(71)	Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2.
(314)	State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2.
(386)	Bega Valley Local Environmental Plan 2013 (Amendment No 39). LW 15.7.2022. Date of commencement, on publication on LW, cl 2.
(592)	Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2.
(628)	Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2.
(829)	State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2.
2023	(35)	Bega Valley Local Environmental Plan 2013 (Amendment No 42). LW 3.2.2023. Date of commencement, on publication on LW, cl 2.
(401)	Bega Valley Local Environmental Plan 2013 (Amendment No 41). LW 21.7.2023. Date of commencement, on publication on LW, cl 2.
(458)	State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2.
(522)	Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2.
(608)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2.
(609)	State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2.
2024	(1)	Bega Valley Local Environmental Plan 2013 (Amendment No 44). LW 12.1.2024. Date of commencement, on publication on LW, cl 2.
(42)	State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2.
(206)	Bega Valley Local Environmental Plan 2013 (Amendment No 45). LW 14.6.2024. Date of commencement, on publication on LW, cl 2.
(292)	Bega Valley Local Environmental Plan 2013 (Amendment No 43). LW 5.7.2024. Date of commencement, on publication on LW, cl 2.
(481)	Bega Valley Local Environmental Plan 2013 (Amendment No 46). LW 13.9.2024. Date of commencement, on publication on LW, cl 2.
2025	(310)	Bega Valley Local Environmental Plan 2013 (Amendment No 47). LW 27.6.2025. Date of commencement, on publication on LW, cl 2.
(311)	Bega Valley Local Environmental Plan 2013 (Amendment No 48). LW 27.6.2025. Date of commencement, on publication on LW, cl 2.
(511)	Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2.
(511)	Bega Valley Local Environmental Plan 2013 (Amendment No 49). LW 17.10.2025. Date of commencement, on publication on LW, cl 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.2	Am 2024 (292), Sch 1[1].
Cl 1.3	Am 2014 (360), Sch 1.
Cl 1.8	Am 2020 (210), cl 5.
Cl 1.8A	Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
Cl 1.9	Am 2013 No 111, Sch 3.2 [1] [2]; 2016 (310), Sch 4.2.
Cl 1.9A	Am 2019 (621), Sch 5[2]–[4].
Cl 2.1	Am 2015 (62), Sch 1 [1]; 2022 (829), Sch 1.2[1] [2].
Land Use Table	Am 2015 (50), Sch 1 [1] [2]; 2015 (62), Sch 1 [2]; 2015 (740), cl 5 (1)–(3); 2016 (168), Sch 1 [4]; 2017 (493), Sch 1.1 [1] [2]; 2017 (508), Sch 1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (239), Sch 1[1] [2]; 2021 (586), Sch 1[1]–[6]; 2021 (714), Sch 10.2; 2022 (314), Sch 1; 2022 (829), Sch 1.2[3] [4]; 2023 (458), Sch 2.5; 2024 (1), Sch 1[1]–[4]; 2024 (292), Sch 1[2] [3]; 2025 (310), Sch 1[1]–[3].
Cl 4.1AA	Am 2022 (829), Sch 1.2[5] [6]; 2025 (310), Sch 1[4].
Cl 4.1A	Subst 2021 (700), cl 4. Am 2024 (292), Sch 1[4] [5]. Subst 2025 (310), Sch 1[5].
Cl 4.1B	Am 2022 (829), Sch 1.2[5]–[8].
Cl 4.1C	Ins 2024 (1), Sch 1[5].
Cl 4.2A	Am 2018 (381), Sch 1 [1]–[3]; 2018 No 68, Sch 2.3; 2021 (239), Sch 1[3]; 2022 (386), Sch 1[1]–[8]; 2024 (1), Sch 1[6].
Cl 4.2D	Ins 2015 (50), Sch 1 [3]. Am 2015 No 58, Sch 2.1; 2021 (239), Sch 1[4] [5].
Cl 4.2E	Ins 2016 (4), Sch 1.
Cl 4.2F	Ins 2016 (4), Sch 1. Am 2022 (829), Sch 1.2[9].
Cl 4.3	Am 2024 (1), Sch 1[7].
Cl 5.1	Am 2024 (42), Sch 1.4.
Cl 5.1A	Am 2022 (829), Sch 1.2[10] [11].
Cl 5.3	Am 2022 (829), Sch 1.2[12].
Cl 5.4	Am 2017 (508), Sch 1 [3]; 2018 (406), Sch 1.9 [1] [2]; 2024 (1), Sch 1[8].
Cl 5.5	Subst 2021 (239), Sch 1[6].
Cl 5.9	Ins 2021 (302), Sch 1.2. Am 2022 (829), Sch 1.2[5] [6] [13]; 2025 (311), Sch 1.
Cl 5.22	Subst 2023 (609), Sch 1.2.
Cl 5.24	Subst 2023 (458), Sch 1[4].
Cl 5.25	Subst 2023 (458), Sch 1[4].
Cl 6.3	Rep 2021 (225), Sch 1.
Cl 6.4	Am 2018 (106), Sch 2.2.
Cl 6.11	Rep 2021 (175), Sch 2.1. Ins 2023 (401), Sch 1[1].
Cl 6.12	Ins 2024 (1), Sch 1[9].
Cl 6.13	Ins 2024 (292), Sch 1[6].
Cl 6.14	Ins 2024 (292), Sch 1[6].
Cl 6.15	Ins 2024 (292), Sch 1[6].
Cl 6.16	Ins 2024 (292), Sch 1[6]. Am 2025 (310), Sch 1[6] [7].
Cl 6.17	Ins 2024 (292), Sch 1[6].
Cl 6.18	Ins 2024 (292), Sch 1[6].
Cl 6.19	Ins 2024 (292), Sch 1[6].
Cl 6.20	Ins 2024 (292), Sch 1[6].
Sch 1	Am 2015 (482), cl 5; 2022 (829), Sch 1.2[14] [15]; 2023 (35), cl 5(1) (2); 2023 (401), Sch 1[2]; 2024 (206), Sch 1; 2024 (481), Sch 1.
Sch 2	Am 2022 (829), Sch 1.2[16]–[18]; 2024 (1), Sch 1[10]–[12]; 2025 (310), Sch 1[8]; 2025 (559), Sch 1.
Sch 4	Am 2015 (646), Sch 1 [1]–[3]; 2017 (52), cl 4; 2017 (366), cl 5 (1) (2).
Sch 5	Am 2017 (508), Sch 1 [4]–[8]; 2020 (222), Sch 1[1]–[4]; 2022 (55), cl 5(1)–(4); 2024 (1), Sch 1[13] [14]; 2025 (310), Sch 1[9]–[11].
Dictionary	Am 2017 (366), cl 5 (3); 2018 (381), Sch 1 [4].
Maps	Am 2014 (360), cl 4; 2014 (669), cl 4; 2014 (686), cl 4; 2015 (62), cl 4; 2015 (63), cl 4; 2015 (373), cl 4; 2015 (391), cl 4; 2015 (482), cl 4; 2015 (483), cl 4; 2015 (646), cl 4; 2015 (739), cl 4; 2015 (740), cl 4; 2016 (219), cl 4; 2016 (470), cl 4; 2016 (590), cl 4; 2017 (53), cl 4; 2017 (54), cl 4; 2017 (121), cl 4; 2017 (366), cl 4; 2017 (508), cl 4; 2017 (652), cl 4; 2017 (719), cl 4; 2018 (39), cl 4; 2018 (380), cl 4; 2018 (381), Sch 1 [4]; 2019 (156), cl 4; 2019 (333), cl 4; 2020 (210), cl 4; 2020 (222), cl 4; 2021 (238), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.