Camden Local Environmental Plan No 130 (2003-866) [GG No 185 of 21.11.2003, p 10682] (NSW)

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2003 No 866

New South Wales

Camden Local Environmental Plan

No 130

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00153/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure and Planning (Planning Administration)

Published in Gazette No 185 of 21 November 2003, page 10682

Page 1

2003 No 866

Clause 1

Camden Local Environmental Plan No 130

Camden Local Environmental Plan No 130

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Camden Local Environmental Plan No 130.

2      Aims of plan

(1)

This plan aims:

(a)

to rezone the land to which this plan applies from Zone No 6 (a1) Open Space Existing to Zone No 5 (d) Special Uses— Proposed Local Roads Reservation under Camden Local Environmental Plan No 46 (the Principal Plan), and

(b)

to reclassify the land from community land to operational land within the meaning of the Local Government Act 1993 (the 1993 Act).

(2)

This plan also aims to incidentally make more extensive provisions in the Principal Plan 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 1993 Act.

3      Land to which plan applies

This plan applies to land situated in the local government area of Camden, being so much of Lot 101, DP 631430, Camden Valley Way, Elderslie, as is shown edged heavy black on the map marked “Camden Local Environmental Plan No 130” deposited in the office of the Council of Camden.

4      Amendment of Camden Local Environmental Plan No 46

Camden Local Environmental Plan No 46 is amended as set out in

Schedule 1.

2003 No 866

Camden Local Environmental Plan No 130

Amendments

Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 6 Definitions

Insert in appropriate order in the definition of the map in clause 6 (1):

Camden Local Environmental Plan No 130

[2]      Clause 26A

Omit the clause. Insert instead:

26A

Classification and reclassification of public land as

operational land

(1)

The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)

Land described in Part 1 of Schedule 6 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(3)

Land described in Part 2 of Schedule 6:

(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 the case requires, as operational land.

(4)

Land described in Columns 1 and 2 of Part 3 of Schedule 6, 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:

(a)

those (if any) specified for the land in Column 3 of Part 3 of Schedule 6, and

(b)

any reservations that except land out of a Crown grant relating to the land, and

2003 No 866

Camden Local Environmental Plan No 130

Schedule 1

Amendments

(c)

reservations of minerals (within the meaning of the Crown Lands Act 1989).

(5)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan that inserted the land description in that Part.

(6)

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

[3]      Schedule 6 Classification and reclassification of public land as operational land

Insert before the matter relating to Narellan:

Part 1

Land classified, or reclassified, under

original section 30 of Local Government

Act 1993

[4]      Schedule 6, Parts 2 and 3

Insert after Part 1 of the Schedule:

Part 2

Land classified, or reclassified, under

amended section 30 of Local

Government Act 1993—interests not

changed

Locality

Description

2003 No 866

Camden Local Environmental Plan No 130

Amendments

Schedule 1

Part 3

Land classified, or reclassified, under

amended section 30 of Local

Government Act 1993—interests

changed

Column 1

Column 2

Column 3

Any trusts etc not

Locality

Description

discharged

Elderslie

Camden Valley Way

So much of Lot 101, DP 631430, as is shown edged heavy black on the map marked “Camden Local

Environmental Plan No 130”.

BY AUTHORITY

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