Cessnock Local Environmental Plan 2011 (NSW)

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Part 1Preliminary1.1Name of Plan

This Plan is Cessnock Local Environmental Plan 2011.

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 Cessnock 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 strengthen and protect a high quality, sustainable lifestyle for Cessnock’s residents and visitors,

  • (b)

    to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Cessnock,

  • (c)

    to encourage development for employment purposes in appropriate locations having regard to proximity to appropriate infrastructure, to ensure the efficient use of land and services, to provide walkable urban environments and to reduce dependency on the use of private vehicles,

  • (d)

    to provide opportunities for a range of new housing and housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities, including opportunities for the provision of adaptable and affordable housing,

  • (e)

    to recognise and protect the historical, cultural and economic values of the vineyards district in relation to agricultural production and associated flow on effects, including tourism.

1.3Land to which Plan applies(1)

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

(1A)

(Repealed)

cl 1.3: Am 2016 (158), Sch 1 [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.

Note.

The following local environmental plans are repealed under this provision—

  • Cessnock Local Environmental Plan 1989

(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.

cl 1.8: Am 2016 (158), Sch 1 [2] [3].

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 Cessnock Local Environmental Plan 2011 (Amendment No 40) must be determined as if the plan had not commenced.

(3)

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 (566), Sch 1[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—

  • Hunter Regional Environmental Plan 1989 (Heritage)

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

    RU2 Rural Landscape

    RU3 Forestry

    RU4 Primary Production Small Lots

    RU5 Village

  • Residential Zones

    R1 General Residential

    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

    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

cl 2.1: Am 2014 (543), Sch 1 [1]; 2015 (127), Sch 1 [1] [2]; 2017 (143), Sch 1 [1]; 2022 (829), Sch 1.4[1].

2.2Zoning of land to which Plan applies(1)

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

(1A)

Despite subclause (1), the zoning of land identified as “Area 1” on the Land Zoning Map (the delayed zoning area) does not commence until a date specified by the Secretary by notice published in the Gazette.

(1B)

The Secretary must not publish such a notice in respect of the delayed zoning area unless the Secretary is satisfied that—

  • (a)

    the land is no longer being used for the purpose of mining, specifically in relation to Mining Lease 1345, and

  • (b)

    the land has been remediated to the satisfaction of the Department of Trade and Investment, Regional Infrastructure and Services.

(1C)

Until such time as the Secretary publishes a notice under subclause (1A), the zone applying to the delayed zoning area is Zone RU2 Rural Landscape.

cl 2.2: Am 2015 (277), cl 5.

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 2013 (138), Sch 1 [1]; 2013 (410), Sch 1 [1]–[14]; 2014 (543), Sch 1 [2]; 2015 (127), Sch 1 [3] [4]; 2015 (722), cl 5 (1)–(4); 2016 (158), Sch 1 [4]; 2016 (168), Sch 1 [2]; 2016 (173), Sch 1 [1]–[6]; 2017 (143), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (614), Sch 1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (37), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (623), Sch 1[1]; 2022 (829), Sch 1.4[2]; 2023 (270), Sch 1[1] [2]; 2023 (307), Sch 1[1]–[13]; 2023 (458), Sch 2.19; 2023 (566), Sch 1[2] [3]; 2025 (332), Sch 1[1].

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.

  • To enable other compatible forms of development that are associated with rural activity and require an isolated location or support recreation.

  • To ensure the type and intensity of development is appropriate in relation to the rural capability and suitability of the land.

  • To maintain and enhance the scenic character of the land.

  • To ensure development does not create unreasonable or uneconomic demands for the provision or extension of services or infrastructure by public authorities.

  • To minimise disturbance to the landscape from development caused by vegetation clearing, earthworks, access roads and construction of buildings.

  • To ensure development does not intrude into the skyline when viewed from a road or other public place.

2Permitted without consent

Extensive agriculture; Home occupations; Horticulture

3Permitted with consent

Agriculture; Airports; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Roadside stalls; Rural industries; School-based child care; Secondary dwellings; Sewerage systems; Tourist and visitor accommodation; Waste or resource management facilities; Water supply systems.

4Prohibited

Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other 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

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; Environmental facilities; Environmental protection works; Extensive agriculture; Extractive industries; Horticulture; Open cut mining; Recreation areas; Roads; Sawmill or log processing works

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.

  • To maintain prime viticultural land and enhance the economic and ecological sustainability of the vineyards district.

  • To encourage appropriate tourist development (including tourist-related retail) that is consistent with the rural and viticultural character of the vineyards district.

  • To enable the continued rural use of land that is complementary to the viticultural character of the land.

2Permitted without consent

Extensive agriculture; Home occupations

3Permitted with consent

Agricultural produce industries; Agritourism; Animal boarding or training establishments; Aquaculture; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Function centres; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Neighbourhood shops; Plant nurseries; Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Waste or resource management facilities

4Prohibited

Hotel or motel accommodation; Any other 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 development is compatible with the amenity, character and scale of a rural village.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Business premises; Cemeteries; Centre-based child care facilities; Community facilities; Crematoria; Dwelling houses; Early education and care facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Home businesses; Hotel or motel accommodation; Information and education facilities; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Sewerage systems; Shops; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals, Water supply systems

4Prohibited

High technology industries; Any other development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone
  • To provide for the housing needs of the community.

  • To provide for a variety of housing types and densities.

  • 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 occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Hostels; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wharf or boating facilities; Wholesale supplies

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.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hospitals; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Sewerage systems; Tank-based aquaculture; Water supply systems

4Prohibited

Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Shop top housing; Any other 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

Home occupations

3Permitted with consent

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

4Prohibited

Agriculture; Air transport facilities; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; 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

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Dwelling houses; Extensive agriculture; Horticulture; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Roads; Sewerage systems; Tank-based aquaculture; Water supply systems; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Attached dwellings; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Function centres; Group homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Rural workers’ dwellings; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shop top housing; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; 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.

2Permitted without consent

Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; 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; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Heavy industrial storage establishments; Helipads; High technology industries; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; 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

Home occupations; Roads

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Function centres; Home industries; 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; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Attached dwellings; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Recreation facilities (major); Residential flat buildings; Resource recovery facilities; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; 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; Wharf or boating facilities; Wholesale supplies

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

Nil

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Rural supplies; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Retail premises; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Waste disposal facilities; Water recreation structures; Wharf or boating facilities

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.

2Permitted without consent

Nil

3Permitted with consent

Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Health consulting rooms; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; 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; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Function centres; Hazardous storage establishments; Health services facilities; Heavy industries; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Offensive storage establishments; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Residential accommodation; Respite day care centres; Rural industries; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities; Wholesale supplies

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.

2Permitted without consent

Nil

3Permitted with consent

Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Retail premises; Tank-based aquaculture; 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; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Function centres; Health services facilities; Helipads; Highway service centres; Home businesses; Home industries; Home occupations; Home occupations (sex services); Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Service stations; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wharf or boating facilities; Wholesale supplies

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.

2Permitted without consent

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; Attached dwellings; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Resource recovery facilities; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Wharf or boating facilities

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

Roads

3Permitted with consent

Aquaculture; Group homes; 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.

  • To allow for integrated tourist development.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Attached dwellings; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Food and drink premises; Function centres; Home businesses; Home industries; Home occupations; Horticulture; Information and education facilities; Kiosks; Markets; Neighbourhood shops; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Semi-detached dwellings; Sewage treatment plants; Tourist and visitor accommodation; Viticulture; Water recycling facilities; Water reticulation systems; Water storage facilities; Water treatment facilities

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

Nil

3Permitted with consent

Aquaculture; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Roads; Signage

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.

2Permitted without consent

Nil

3Permitted with consent

Amusement centres; Aquaculture; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads

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.

  • To provide for land uses compatible with the high ecological, scientific, cultural or aesthetic values of the zone.

  • To protect, manage and restore Aboriginal cultural heritage, threatened ecological communities, key threatened species habitat, biodiversity corridors and important ecosystems.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Home businesses; Oyster aquaculture; Recreation areas; Roads

4Prohibited

Business premises; 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 protect, manage and restore Aboriginal cultural heritage, water quality, riparian and estuarine vegetation, biodiversity corridors and important ecosystems.

  • To minimise the risk to the community and environment in areas subject to environmental hazards.

  • To provide for low impact agricultural land uses on land with productive value.

2Permitted without consent

Home occupations

3Permitted with consent

Building identification signs; Business identification signs; Camping grounds; Community facilities; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Home businesses; Home industries; Information and education facilities; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Tank-based aquaculture; Tourist and visitor accommodation

4Prohibited

Backpackers’ accommodation; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; 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.

  • To conserve the rural or bushland character and the biodiversity or other conservation values of the land.

  • To provide for the development of land for purposes that will not, or will be unlikely to, prejudice its possible future development for urban purposes or its environmental conservation.

  • To protect, manage and restore biodiversity corridors and facilitate species movement.

2Permitted without consent

Home occupations

3Permitted with consent

Agriculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Dwelling houses; Eco-tourist facilities; Environmental protection works; Flood mitigation works; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Tank-based aquaculture; Water reticulation systems

4Prohibited

Industries; Intensive livestock agriculture; Local distribution premises; Service stations; Warehouse or distribution centres; Any other 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,

  • (ja)

    land that is an investigation area under Division 2 of Part 3 of the Contaminated Land Management Act 1997 or a remediation site under Division 3 of Part 3 of that Act.

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

The objectives of this clause are as follows—

  • (a)

    to ensure minimum lot sizes are appropriate for the zones to which they apply and for the land uses permitted in those zones,

  • (b)

    to ensure minimum lot sizes reflect the outcomes of any adopted settlement strategy for Cessnock.

(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)

(Repealed)

(4B)

For the purposes of calculating the size of a lot for the purposes of this clause, if a lot is a battle-axe lot or other lot with an access handle, the lot size is to be calculated by excluding the area of the access handle.

cl 4.1: Am 2020 (37), Sch 1[3]; 2023 (566), Sch 1[4].

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

The objectives of this clause are as follows—

  • (a)

    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 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 RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (ba)

    Zone SP3 Tourist,

  • (c)

    Zone C1 National Parks and Nature Reserves,

  • (d)

    Zone C2 Environmental Conservation,

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 2014 (543), Sch 1 [3]; 2022 (623), Sch 1[2] [3].

4.1ASubdivision in the Hunter Economic Zone(1)

This clause applies to land identified as “Hunter Economic Zone” on the Hunter Economic Zone Map and within Zone E4 General Industrial or Zone SP2 Infrastructure.

(2)

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 use of the land after the subdivision will be the same use permitted under an existing development consent for the land, or

  • (b)

    a development application has been lodged to carry out development on the land for the purpose for which it is to be subdivided.

cl 4.1A: Am 2022 (829), Sch 1.4[3].

4.1BMinimum lot sizes for certain split zones(1)

The objectives of this clause are—

  • (a)

    to provide for the subdivision of lots that are within more than one zone and cannot be subdivided under clause 4.1, and

  • (b)

    to ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

(2)

This clause applies to each lot (an original lot) that only contains—

  • (a)

    land in a residential, employment or mixed use zone or in Zone RU5 Village, and

  • (b)

    land in Zone RU2 Rural Landscape, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation or Zone C3 Environmental Management.

(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—

    • (i)

      land in a residential, employment or mixed use zone or in Zone RU5 Village that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

    • (ii)

      all of the land in Zone RU2 Rural Landscape, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, 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.

cl 4.1B: Ins 2013 (598), Sch 1. Am 2015 (127), Sch 1 [5] [6]; 2018 (614), Sch 1 [2]–[5]; 2022 (623), Sch 1[3] [4]; 2022 (829), Sch 1.4[4].

4.1CExceptions to minimum lot sizes for certain residential development(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone R2 Low Density Residential,

  • (b)

    Zone R3 Medium Density Residential.

(3)

Despite clause 4.1, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—

  • (a)

    the erection of a dual occupancy on the land,

  • (b)

    the subdivision of that land into 2 lots if each lot resulting from the subdivision contains one dwelling and the size of each lot is not less than 300 square metres (excluding the area of any access handle).

(4)

Despite clause 4.1, development consent may be granted for a subdivision that would create separate titles for each of the 2 dwellings comprising a dual occupancy on land to which this clause applies if—

  • (a)

    the size of each lot resulting from the subdivision is not less than 300 square metres (excluding the area of any access handle), and

  • (b)

    each lot resulting from the subdivision will contain one dwelling, and

  • (c)

    the subdivision is not inconsistent with the development consent for the dual occupancy.

cl 4.1C: Ins 2016 (173), Sch 1 [7].

4.1DMinimum lot size for dual occupancies(1)

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

(2)

Development consent may be granted to development on a lot in Zone R2 Low Density Residential for the purpose of a dual occupancy if the size of the lot is not less than 600 square metres (excluding the area of any access handle).

cl 4.1D: Ins 2020 (37), Sch 1[4].

4.1ESubdivision of land not serviced by sewage reticulation system(1)

Development consent must not be granted to the subdivision of land that will not be serviced by a sewage reticulation system following registration of the plan of subdivision unless the consent authority is satisfied—

  • (a)

    each resulting lot will be—

    • (i)

      at least 4,000m2, or

    • (ii)

      if the minimum lot size shown on the Lot Size Map for the land is more than 4,000m2— the minimum lot size shown on the map, and

  • (b)

    all resulting lots are suitable for on-site sewage management.

(2)

This clause prevails over clauses 4.1, 4.1AA and 4.2B in the case of an inconsistency.

cl 4.1E: Ins 2023 (566), Sch 1[5]. Am 2025 (332), Sch 1[2].

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 Zone RU1 Primary Production or Zone RU6 Transition.

(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 on land in certain rural 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 in certain rural and conservation zones.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    (Repealed)

  • (d)

    Zone C2 Environmental Conservation,

  • (e)

    Zone C3 Environmental Management.

(2A)

This clause does not apply to Lot 686, DP 619758, Taylors Road, Black Hill.

(3)

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

  • (a)

    a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or

  • (b)

    a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or

  • (c)

    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 would have been permissible if the plan of subdivision had been registered before that commencement, or

  • (d)

    an existing holding, or

  • (e)

    identified as having a dwelling entitlement on the Dwelling Entitlement Map, or

  • (f)

    a lot created under clause 4.1.

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)

Despite subclause (3), development consent may be granted for the erection of a dwelling house on land to which this clause applies if—

  • (a)

    there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or

  • (b)

    the land would have been a lot or a holding referred to in subclause (3) 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.

(5)

In this clause—

existing holding means land that was a holding on 31 December 1984, whether or not there has been a change in the ownership of the holding since 31 December 1984.

holding means all single lots and any 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.

cl 4.2A: Am 2015 (127), Sch 1 [7]; 2022 (623), Sch 1[3]–[7]; 2023 (434), cl 4.

4.2BMinimum subdivision lot size for strata plan schemes in certain rural or 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 proposed to be used, for residential accommodation or tourist and visitor accommodation—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (ba)

    Zone SP3 Tourist,

  • (c)

    Zone C1 National Parks and Nature Reserves,

  • (d)

    Zone C2 Environmental Conservation.

(3)

The size of any lot resulting from a subdivision of land to which clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

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

cl 4.2B: Am 2014 (543), Sch 1 [4]; 2022 (623), Sch 1[2] [3] [8].

4.2CBoundary adjustments in certain rural and conservation zones(1)

The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size but the objectives of the relevant zone can be achieved.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU2 Rural Landscape,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    Zone C2 Environmental Conservation,

  • (d)

    Zone C3 Environmental Management.

(3)

Despite clause 4.1, development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more of the lots created do not meet the minimum lot size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that—

  • (a)

    the subdivision will not create additional lots or the opportunity for additional dwellings, and

  • (b)

    the number of lots with an area that is less than the minimum size shown on the Lot Size Map in relation to that land after the subdivision will remain the same as or will be fewer than immediately before the subdivision, and

  • (c)

    the number of dwellings or opportunities for dwellings on each lot after the subdivision will remain the same as before the subdivision, and

  • (d)

    the potential for land use conflict will not be increased as a result of the subdivision, and

  • (e)

    if the land is in Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots—the agricultural viability of the land will not be adversely affected as a result of the subdivision, and

  • (f)

    if the land is in Zone C2 Environmental Conservation or Zone C3 Environmental Management—the subdivision will result in the continued protection and long-term maintenance of the land, and

  • (g)

    the boundary adjustment is consistent with the objectives of the relevant zone.

(4)

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

  • (a)

    the existing uses and approved uses of other land in the vicinity of the subdivision,

  • (b)

    whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,

  • (c)

    whether or not the subdivision is likely to be incompatible with a land use on any adjoining land,

  • (d)

    whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,

  • (e)

    whether or not the subdivision is likely to have a significant adverse impact on the environmental values of the land.

(5)

This clause does not apply—

  • (a)

    in relation to a subdivision of individual lots in a strata plan or community title scheme, or

  • (b)

    if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.

cl 4.2C: Ins 2016 (173), Sch 1 [8]. Am 2022 (623), Sch 1[3] [4] [9].

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to revitalise the Cessnock city centre to facilitate high density residential, commercial and retail development, to ensure that it develops in a coordinated and cohesive manner,

  • (b)

    to ensure that taller buildings are appropriately located and consistent with the environmental setting and landform,

  • (c)

    to encourage mixed use development with residential components, high residential amenity and active street frontages, while permitting adequate sunlight access to key areas of the public domain.

(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.

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to provide sufficient floor space for high quality development,

  • (b)

    to regulate the density of development and generation of vehicular and pedestrian traffic,

  • (c)

    to facilitate development that contributes to the economic growth of the Cessnock city centre.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

    to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

    • (i)

      prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

    • (ii)

      prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

    • (iii)

      require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

  • (a)

    if the proposed development is to be carried out on only one lot, the area of that lot, or

  • (b)

    if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

  • (a)

    land on which the proposed development is prohibited, whether under this Plan or any other law,

  • (b)

    community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

  • (a)

    a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

  • (b)

    proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

  • (ba)

    clause 4.1D,

  • (c)

    clause 5.4,

  • (caa)

    clause 5.5,

  • (ca)

    clause 6.2,

  • (cb)

    clause 7.11B.

cl 4.6: Am 2018 (289), cl 5 (1); 2020 (37), Sch 1[5]; 2022 (623), Sch 1[4] [10]; 2022 (829), Sch 1.4[5]; 2023 (554), Sch 2.8[1].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

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 2023 (554), Sch 2.8[3]; 2025 (551), Sch 1[2].

Maps: Am 2012 (315), cl 4; 2012 (345), cl 4; 2013 (76), cl 3 (1); 2013 (138), cl 4; 2013 (410), cl 4; 2013 (423), cl 4; 2013 (598), cl 4; 2013 (649), cl 4; 2014 (101), cl 4; 2014 (239), cl 4; 2014 (249), cl 4; 2014 (468), cl 4; 2014 (543), cl 4; 2014 (720), cl 4; 2015 (30), cl 4; 2015 (31), cl 4; 2015 (127), cl 4 (a); 2015 (277), cl 4; 2015 (401), cl 4; 2015 (722), cl 4; 2015 (785), cl 4; 2016 (158), cl 4; 2016 (173), cl 4; 2016 (479), cl 4; 2016 (684), cl 4; 2017 (143), cl 4; 2017 (354), cl 4; 2018 (289), cl 4; 2018 (374), cl 4; 2018 (614), cl 4; 2019 (149), cl 4; 2019 (181), cl 4; 2019 (561), cl 4; 2020 (37), cl 4; 2021 (166), 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

Cessnock Local Environmental Plan 2011 (702). LW 23.12.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012

(315)

Cessnock Local Environmental Plan 2011 (Amendment No 1). LW 6.7.2012.

Date of commencement, on publication on LW, cl 2.

(345)

Cessnock Local Environmental Plan 2011 (Amendment No 2). LW 27.7.2012.

Date of commencement, on publication on LW, cl 2.

(506)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.

Date of commencement, on publication on LW, cl 2.

No 96

Forestry Act 2012. Assented to 21.11.2012.

Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.

2013

(76)

State Environmental Planning Policy Amendment (Minmi–Newcastle Link Road) 2013. LW 1.3.2013.

Date of commencement, on publication on LW, cl 2.

No 5

Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013.

Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.

(138)

Cessnock Local Environmental Plan 2011 (Amendment No 3). LW 5.4.2013.

Date of commencement, on publication on LW, cl 2.

(410)

Cessnock Local Environmental Plan 2011 (Amendment No 4). LW 2.8.2013.

Date of commencement, on publication on LW, cl 2.

(423)

State Environmental Planning Policy Amendment (Cessnock and Newcastle) 2013. LW 9.8.2013.

Date of commencement, on publication on LW, cl 2.

(598)

Cessnock Local Environmental Plan 2011 (Amendment No 5). LW 18.10.2013.

Date of commencement, on publication on LW, cl 2.

(649)

Cessnock Local Environmental Plan 2011 (Amendment No 6). LW 22.11.2013.

Date of commencement, on publication on LW, cl 2.

No 111

Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.

Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.

2014

(101)

Cessnock Local Environmental Plan 2011 (Amendment No 7). LW 7.3.2014.

Date of commencement, on publication on LW, cl 2.

(239)

Cessnock Local Environmental Plan 2011 (Amendment No 8). LW 24.4.2014.

Date of commencement, on publication on LW, cl 2.

(249)

Cessnock Local Environmental Plan 2011 (Amendment No 9). LW 9.5.2014.

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.

(468)

Cessnock Local Environmental Plan 2011 (Amendment No 12). LW 25.7.2014.

Date of commencement, on publication on LW, cl 2.

(513)

Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014.

Date of commencement, on publication on LW, cl 2.

(543)

Cessnock Local Environmental Plan 2011 (Amendment No 10). LW 22.8.2014.

Date of commencement, on publication on LW, cl 2.

(720)

Cessnock Local Environmental Plan 2011 (Amendment No 11). LW 14.11.2014.

Date of commencement, on publication on LW, cl 2.

2015

(30)

Cessnock Local Environmental Plan 2011 (Amendment No 14). LW 30.1.2015.

Date of commencement, on publication on LW, cl 2.

(31)

Cessnock Local Environmental Plan 2011 (Amendment No 15). LW 30.1.2015.

Date of commencement, on publication on LW, cl 2.

(127)

State Environmental Planning Policy (Major Development) Amendment (Huntlee New Town Site) 2015. LW 5.3.2015.

Date of commencement, on publication on LW, cl 2.

(277)

Cessnock Local Environmental Plan 2011 (Amendment No 13). LW 5.6.2015.

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).

(401)

Cessnock Local Environmental Plan 2011 (Amendment No 17). LW 17.7.2015.

Date of commencement, on publication on LW, cl 2.

(722)

Cessnock Local Environmental Plan 2011 (Amendment No 19). LW 27.11.2015.

Date of commencement, on publication on LW, cl 2.

(785)

Cessnock Local Environmental Plan 2011 (Amendment No 18). LW 18.12.2015.

Date of commencement, on publication on LW, cl 2.

2016

(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.

(158)

Cessnock Local Environmental Plan 2011 (Amendment No 16). LW 1.4.2016.

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.

(173)

Cessnock Local Environmental Plan 2011 (Amendment No 20). LW 8.4.2016.

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.

(352)

Cessnock Local Environmental Plan 2011 (Amendment No 22). LW 24.6.2016.

Date of commencement, on publication on LW, cl 2.

(479)

Cessnock Local Environmental Plan 2011 (Amendment No 21). LW 5.8.2016.

Date of commencement, on publication on LW, cl 2.

(684)

Cessnock Local Environmental Plan 2011 (Amendment No 23). LW 18.11.2016.

Date of commencement, on publication on LW, cl 2.

2017

(143)

Cessnock Local Environmental Plan 2011 (Amendment No 24). LW 13.4.2017.

Date of commencement, on publication on LW, cl 2.

(354)

Cessnock Local Environmental Plan 2011 (Amendment No 25). LW 14.7.2017.

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.

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 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.

(289)

Cessnock Local Environmental Plan 2011 (Amendment No 26). LW 22.6.2018.

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.

(374)

Cessnock Local Environmental Plan 2011 (Amendment No 27). LW 6.7.2018.

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.

(614)

Cessnock Local Environmental Plan 2011 (Amendment No 28). LW 2.11.2018.

Date of commencement, on publication on LW, cl 2.

(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.

(149)

Cessnock Local Environmental Plan 2011 (Amendment No 29). LW 22.3.2019.

Date of commencement, on publication on LW, cl 2.

(181)

Cessnock Local Environmental Plan 2011 (Amendment No 30). LW 3.5.2019.

Date of commencement, on publication on LW, cl 2.

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 2.4, 14 days after assent, sec 2 (1).

(561)

Cessnock Local Environmental Plan 2011 (Amendment No 31). LW 22.11.2019.

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

(37)

Cessnock Local Environmental Plan 2011 (Amendment No 32). LW 7.2.2020.

Date of commencement, on publication on LW, cl 2.

(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.

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.

(166)

Cessnock Local Environmental Plan 2011 (Amendment No 33). LW 1.4.2021.

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.

(302)

State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, 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.

(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

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, cl 2.

(284)

Cessnock Local Environmental Plan 2011 (Amendment No 34). LW 10.6.2022.

Date of commencement, on publication on LW, cl 2.

(314)

State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022.

Date of commencement, 30.6.2022, sec 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(623)

Cessnock Local Environmental Plan 2011 (Amendment No 35). LW 21.10.2022.

Date of commencement, on publication on LW, 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

(55)

Cessnock Local Environmental Plan 2011 (Amendment No 37). LW 17.2.2023.

Date of commencement, on publication on LW, cl 2.

(270)

Cessnock Local Environmental Plan 2011 (Amendment No 36). LW 2.6.2023.

Date of commencement, on publication on LW, cl 2.

(307)

Cessnock Local Environmental Plan 2011 (Amendment No 38). LW 16.6.2023.

Date of commencement, on publication on LW, cl 2.

(434)

Cessnock Local Environmental Plan 2011 (Amendment No 41). LW 4.8.2023.

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.

(554)

State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

(566)

Cessnock Local Environmental Plan 2011 (Amendment No 40). LW 13.10.2023.

Date of commencement, on publication on LW, 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.

(687)

Cessnock Local Environmental Plan 2011 (Amendment No 39). LW 15.12.2023.

Date of commencement, on publication on LW, cl 2.

2024

(170)

Cessnock Local Environmental Plan 2011 (Amendment No 42). LW 24.5.2024.

Date of commencement, on publication on LW, cl 2.

(449)

Cessnock Local Environmental Plan 2011 (Amendment No 43). LW 30.8.2024.

Date of commencement, on publication on LW, cl 2.

(615)

Cessnock Local Environmental Plan 2011 (Amendment No 44). LW 6.12.2024.

Date of commencement, on publication on LW, cl 2.

2025

(332)

Cessnock Local Environmental Plan 2011 (Amendment No 46). LW 4.7.2025.

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.

(542)

Cessnock Local Environmental Plan 2011 (Amendment No 48). LW 3.10.2025.

Date of commencement, on publication on LW, cl 2.

(551)

Cessnock Local Environmental Plan 2011 (Amendment No 45). LW 10.10.2025.

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 1.3

Am 2016 (158), Sch 1 [1].

Cl 1.8

Am 2016 (158), Sch 1 [2] [3].

Cl 1.8A

Am 2019 (621), Sch 5[1]; 2023 (566), Sch 1[1]; 2023 (609), Sch 1.1[1].

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.1

Am 2014 (543), Sch 1 [1]; 2015 (127), Sch 1 [1] [2]; 2017 (143), Sch 1 [1]; 2022 (829), Sch 1.4[1].

Cl 2.2

Am 2015 (277), cl 5.

Land Use Table

Am 2013 (138), Sch 1 [1]; 2013 (410), Sch 1 [1]–[14]; 2014 (543), Sch 1 [2]; 2015 (127), Sch 1 [3] [4]; 2015 (722), cl 5 (1)–(4); 2016 (158), Sch 1 [4]; 2016 (168), Sch 1 [2]; 2016 (173), Sch 1 [1]–[6]; 2017 (143), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (614), Sch 1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (37), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (623), Sch 1[1]; 2022 (829), Sch 1.4[2]; 2023 (270), Sch 1[1] [2]; 2023 (307), Sch 1[1]–[13]; 2023 (458), Sch 2.19; 2023 (566), Sch 1[2] [3]; 2025 (332), Sch 1[1].

Cl 4.1

Am 2020 (37), Sch 1[3]; 2023 (566), Sch 1[4].

Cl 4.1AA

Am 2014 (543), Sch 1 [3]; 2022 (623), Sch 1[2] [3].

Cl 4.1A

Am 2022 (829), Sch 1.4[3].

Cl 4.1B

Ins 2013 (598), Sch 1. Am 2015 (127), Sch 1 [5] [6]; 2018 (614), Sch 1 [2]–[5]; 2022 (623), Sch 1[3] [4]; 2022 (829), Sch 1.4[4].

Cl 4.1C

Ins 2016 (173), Sch 1 [7].

Cl 4.1D

Ins 2020 (37), Sch 1[4].

Cl 4.1E

Ins 2023 (566), Sch 1[5]. Am 2025 (332), Sch 1[2].

Cl 4.2A

Am 2015 (127), Sch 1 [7]; 2022 (623), Sch 1[3]–[7]; 2023 (434), cl 4.

Cl 4.2B

Am 2014 (543), Sch 1 [4]; 2022 (623), Sch 1[2] [3] [8].

Cl 4.2C

Ins 2016 (173), Sch 1 [8]. Am 2022 (623), Sch 1[3] [4] [9].

Cl 4.6

Am 2018 (289), cl 5 (1); 2020 (37), Sch 1[5]; 2022 (623), Sch 1[4] [10]; 2022 (829), Sch 1.4[5]; 2023 (554), Sch 2.8[1].

Cl 5.3

Am 2022 (623), Sch 1[4]; 2022 (829), Sch 1.4[5].

Cl 5.4

Am 2018 (406), Sch 1.32 [1] [2].

Cl 5.5

Subst 2021 (714), Sch 11.8.

Cl 5.9

Am 2013 (410), Sch 1 [15]. Ins 2021 (302), Sch 1.5. Am 2022 (623), Sch 1[3] [4] [10].

Cl 5.13

Subst 2013 (410), Sch 1 [16].

Cl 5.22

Subst 2023 (609), Sch 1.1[2].

Cl 6.1

Am 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.8[2].

Cl 7.1

Am 2013 (410), Sch 1 [17].

Cl 7.3

Rep 2021 (225), Sch 1.

Cl 7.5

Am 2017 (493), Sch 1.2 [1].

Cl 7.6

Am 2022 (623), Sch 1[3] [11].

Cl 7.7

Am 2013 (138), Sch 1 [2].

Cl 7.10

Ins 2014 (239), Sch 1 [1].

Cl 7.11

Ins 2014 (543), Sch 1 [5]. Subst 2023 (687), Sch 1.

Cl 7.11A

Ins 2015 (785), Sch 1 [1].

Cl 7.11B

Ins 2018 (289), cl 5 (2). Am 2024 (449), Sch 1.

Cl 7.12

Ins 2015 (127), Sch 1 [8]. Am 2022 (829), Sch 1.4[6].

Cl 7.13

Ins 2015 (401), Sch 1 [1].

Cll 7.14, 7.15

Ins 2016 (158), Sch 1 [5].

Cl 7.16

Ins 2017 (143), Sch 1 [3]. Am 2022 (623), Sch 1[10].

Cl 7.17

Ins 2022 (623), Sch 1[12].

Sch 1

Am 2014 (239), Sch 1 [2] [3]; 2015 (127), Sch 1 [9]–[11]; 2015 (785), Sch 1 [2]; 2016 (352), cl 4 (1) (2); 2016 (684), cl 5; 2017 (143), Sch 1 [4]; 2019 No 1, Sch 2.4; 2021 (166), cl 5; 2022 (829), Sch 1.4[6] [7]; 2024 (615), Sch 1; 2025 (542), Sch 1.

Sch 2

Am 2015 (127), Sch 1 [12].

Sch 4

Am 2019 (561), Sch 1[1] [2]; 2022 (284), cl 5(1) (2); 2025 (551), Sch 1[1].

Sch 5

Am 2013 (138), Sch 1 [3]; 2013 (410), Sch 1 [18]; 2015 (401), Sch 1 [2] [3]; 2016 (310), Sch 4.5; 2018 (374), Sch 1 [1]–[11]; 2019 (181), Sch 1 [1]–[15]; 2022 (623), Sch 1[13]–[16]; 2023 (55), cl 5; 2024 (170), Sch 1[1]–[66].

Dictionary

Am 2023 (554), Sch 2.8[3]; 2025 (551), Sch 1[2].

Maps

Am 2012 (315), cl 4; 2012 (345), cl 4; 2013 (76), cl 3 (1); 2013 (138), cl 4; 2013 (410), cl 4; 2013 (423), cl 4; 2013 (598), cl 4; 2013 (649), cl 4; 2014 (101), cl 4; 2014 (239), cl 4; 2014 (249), cl 4; 2014 (468), cl 4; 2014 (543), cl 4; 2014 (720), cl 4; 2015 (30), cl 4; 2015 (31), cl 4; 2015 (127), cl 4 (a); 2015 (277), cl 4; 2015 (401), cl 4; 2015 (722), cl 4; 2015 (785), cl 4; 2016 (158), cl 4; 2016 (173), cl 4; 2016 (479), cl 4; 2016 (684), cl 4; 2017 (143), cl 4; 2017 (354), cl 4; 2018 (289), cl 4; 2018 (374), cl 4; 2018 (614), cl 4; 2019 (149), cl 4; 2019 (181), cl 4; 2019 (561), cl 4; 2020 (37), cl 4; 2021 (166), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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