Byron Local Environmental Plan 1988 (Amendment No 86) (2002-181) [GG No 65 of 22.3.2002, p 1789] (NSW)

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2002 No 181

Byron Local Environmental Plan 1988

New South Wales

(Amendment No 86)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (G95/00087/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 65 of 22 March 2002, page 1789

Page 1

[12]

2002 No 181

Clause 1

Byron Local Environmental Plan 1988 (Amendment No 86)

Byron Local Environmental Plan 1988

(Amendment No 86)

1     Name of plan

This plan is Byron Local Environmental Plan 1988 (Amendment

No 86).

2     Aims of plan

(1)

This plan aims to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993.

(2)

This plan incidentallymakes more extensive provisions in Byron Local Environmental Plan 1988 for the classification or reclassification of public land as operational land as a consequence of major changes to the statutory scheme in section 30 (Reclassification of community land as operational) of the Local Government Act 1993.

3     Land to which plan applies

This plan applies to certain land situated in the local government area

of Byron as set out in Schedule 1 [3].

This plan does not apply to the following land, being land that is

deferred matter within the meaning of section 70 (4) of the

Environmental Planning and Assessment Act 1979:

Lots 2, 6 and 7, Section 3, DP 1623, Lot B, DP 371044 and Lot 1,

DP 521030, Manfred Street, Byron Bay

Lot 2, DP 521030, The Esplanade, Byron Bay

Lot 1, Section 4, DP 6745, Pacific Street, New Brighton

4 Amendment of Byron Local Environmental Plan 1988

Byron Local Environmental Plan 1988 is amended as set out in

Schedule 1.

Page 2

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]     Clauses 47 and 47AA

Omit clause 47. Insert instead:

47     Classification and reclassification of public land as operational land

(1) The public land described in Schedule 11 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)

The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 11.

(3)

Land described in Part 2 of Schedule 11:

(a)

to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)

continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4)

Land described in Columns 1 and 2 of Part 3 of Schedule 11, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 11.

(5)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 11, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

Page 3

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Schedule 1

Amendments

(6) Before the relevant amending plan inserted a description of land into Part 3 of Schedule 11, the Governor approved of subclause (4) applying to the land.

47AA

Classification and reclassification of public land as community

land

The public land described in Schedule 12 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

[2]     Schedule 11 Land referred to in clause 47

Insert after the heading to the Schedule:

Part 1 Land classified, or reclassified, under

original section 30 of Local Government

Act 1993

[3]     Schedule 11, Parts 2 and 3

Insert at the end of the Schedule:

Part 2 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—interests not changed

Column 1

Column 2

Locality

Description

Bangalow

Dudgeons Lane

Lot 1, DP 556233

Dudgeons Lane

Lot 3, DP 573989

Granuaille Road

Lot 99, DP 1016338

Page 4

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Amendments

Schedule 1

Column 1

Column 2

Locality

Description

Brunswick Heads

Fingal Street

Lot 1, DP 922669

Fingal Street

Lot 2, DP 923428

Kingsford Drive

Lot 72, DP 851902

Pacific Highway East

Lot 1, DP 560486

Pacific Highway West

Lot 1, DP 613075

Pacific Highway West

Lot 5, DP 717523

Park Street

Lot 1, DP 105062

Byron Bay

Acacia Street

Lot 103, DP 842022

Bangalow Road

Lot 1, DP 264161

Bangalow Road

Lot 2, DP 264161

Bangalow Road

Lot 23, DP 549688

Bangalow Road

Lot 1, DP 603845

Banksia Drive

Lot 106, DP 842475

Bayshore Drive

Lot 6, DP 248197

Bayshore Drive

Lot 2, DP 706286

Bayshore Drive

Lot 1, DP 1004514

Bayshore Drive

Lot 2, DP 1004514

Bayshore Drive

Lot 4, DP 1004514

Centennial Circuit

Lot 6, DP 812667

Grevillea Street

Lot 101, DP 808566

Jonson Street

Lot 7, DP 258071

Jonson Street

Lot 1, DP 526324

Jonson Street

Lot 8, DP 818197

Page 5

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Schedule 1

Amendments

Column 1

Column 2

Locality

Description

Lawson Street

Lot B, DP 372589

Lawson Street

Lot 5, DP 827049

Lawson Street

Lot 6, DP 827049

Lighthouse Road

Lot 346, DP 755695

Marine Parade

Lot 1, DP 603847

Paterson Street

Lot 2, DP 717719

Paterson Street

Lot 6, DP 733776

Paterson Street

Lot 7, DP 740727

Paterson Street

Lot 8, DP 740874

Paterson Street

Lot 9, DP 740963

Sunrise Boulevarde

Lot 45, DP 714410

Wentworth Street

Lot 1, DP 603846

Mullumbimby

Ann Street

Lot 1, DP 214907

Casuarina Street

Lot 1, DP 216961

Casuarina Street

Lot 11, DP 578826

Cedar Road

Lot 1, DP 314094

Palm Avenue

Lot 1, DP 222780

Reservoir Road

Lot 1, DP 342369

Scott’s Wood Grove

Lot 11, DP 865388

Smith Street

Lot 14, DP 848061

Station Street

Lot 6, Section 3, DP 2772

Station Street

Lot 7, Section 3, DP 2772

Station Street

Lot 8, Section 3, DP 2772

Station Street

Lot B, DP 6733

Page 6

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Amendments

Schedule 1

Column 1

Column 2

Locality

Description

Station Street

Lot 1, DP 214906

Station Street

Lot 4, DP 841856

Station Street

Lot 10, DP 850902

Stuart Street

Lot 1, DP 214905

The Saddle Road

Lot 1, DP 441896

The Saddle Road

Lot 1, DP 584730

Myocum

The Manse Road

Lot 1, DP 584473

The Manse Road

Lot 3, DP 584473

The Manse Road

Lot 1, DP 591441

The Manse Road

Lot 29, DP 609271

New Brighton

North Head Road

Lot 19, DP 7466

North Head Road

Lot 20, DP 7466

North Head Road

Lot 21, DP 7466

Ocean Shores

Balemo Drive

Lot 1, DP 818965

Dandaloo Way

Lot 272, DP 238455

Orana Road

Lot 469, DP 238451

Orana Road

Lot 530, DP 238451

Shara Boulevarde

Lot 2004, DP 808461

Terrara Court

Lot 649, DP 240398

Yamble Drive

Lot 4, DP 735731

Page 7

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Schedule 1

Amendments

Column 1

Column 2

Locality

Description

Suffolk Park

Broken Head Road

Lot 1, DP 573835

Broken Head Road

Lot 2, DP 573835

Broken Head Road

Lot 7, DP 580423

Tyagarah

Pacific Highway East

Lot 2, DP 749851

Pacific Highway East

Lot 4, DP 805678

Pacific Highway East

Lot 5, DP 805678

Pacific Highway East

Lot 6, DP 836887

Pacific Highway East

Lot 8, DP 856832

Pacific Highway East

Lot 9, DP 856832

Pacific Highway East

Lot 49, DP 881232

Wilsons Creek

Wilsons Creek Road

Lot 1, DP 314096

Wilsons Creek Road

Lot 2, DP 314096

Wilsons Creek Road

Lot 1, DP 395638

Wilsons Creek Road

Lot 2, DP 635195

Part 3 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—interests changed

Column 1

Column 2

Column 3

Locality

Description

Trusts etc not

discharged

Page 8

2002 No 181

Byron Local Environmental Plan 1988 (Amendment No 86)

Amendments

Schedule 1

[4]     Schedule 12

Insert after Schedule 11:

Schedule 12 Land referred to in clause 47AA

Column 1

Column 2

Locality

Description

BY AUTHORITY

Page 9

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