City of Canada Bay Local Environmental Plan No 7 (2007-581) [GG No 180 of 7.12.2007, p 9314] (NSW)

2007 No 581

New South Wales

City of Canada Bay Local Environmental Plan No 7

under the

Environmental Planning and Assessment Act 1979

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

Environmental Planning and Assessment Act 1979. (SRE0000043/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 180 of 7 December 2007, page 9314	Page 1
2007 No 581

Clause 1 City of Canada Bay Local Environmental Plan No 7

City of Canada Bay Local Environmental Plan No 7

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is City of Canada Bay Local Environmental Plan No 7.

2      Aims of plan

(1)	This plan aims to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993 (the 1993 Act).
(2)	This plan also incidentally makes more extensive provisions in the Concord Planning Scheme Ordinance for the classification or reclassification of public land as operational land as a consequence of major changes to the statutory scheme in section 30 (Reclassification of community land as operational) of the 1993 Act.

3      Land to which plan applies

This plan applies to land in the local government area of Canada Bay, being Lot 5, DP 778667, known as 64 Victoria Avenue, Concord West and Lot 27, DP 719909, known as 159 Parramatta Road, North Strathfield.

4      Amendment of Concord Planning Scheme Ordinance

The Concord Planning Scheme Ordinance is amended as set out in

Schedule 1.

2007 No 581

City of Canada Bay Local Environmental Plan No 7

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 61GB

Omit the clause. Insert instead:

61GB

Classification and reclassification of public land as operational

land

(1)	The public land described in Schedule 10 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
(2)	Land described in Part 1 of Schedule 10:

(a)	to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b)	continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(3)

Land described in Columns 1 and 2 of Part 2 of Schedule 10, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except:

(a)	those (if any) specified for the land in Column 3 of Part 2 of Schedule 10, and
(b)	any reservations that except land out of a Crown grant relating to the land, and
(c)	reservations of minerals (within the meaning of the Crown Lands Act 1989).

(4)

In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 10, means the local environmental plan that inserted the land description in that Part.

(5)

Before the relevant amending plan inserted a description of land into Part 2 of Schedule 10, the Governor approved of subclause (3) applying to the land.

2007 No 581

City of Canada Bay Local Environmental Plan No 7

Schedule 1 Amendments

[2]      Schedule 10 Classification and reclassification of public land as operational land

Insert before the heading “Concord”:

Part 1 Interests not changed

[3]      Schedule 10, Part 2

Insert after Part 1 of the Schedule:

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged

Concord West

64 Victoria Avenue Lot 5, DP 778667 Nil.

North Strathfield

159 Parramatta Road Lot 27, DP 719909 Nil.

BY AUTHORITY