City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196) (2003-481) [GG No 111 of 11.7.2003, p 7107] (NSW)

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2003 No 481

New South Wales

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (W00/00053/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 111 of 11 July 2003, page 7107

Page 1

[8]

2003 No 481

Clause 1

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

City of Shoalhaven Local Environmental Plan 1985

(Amendment No 196)

1     Name of plan

This plan is City of Shoalhaven Local Environmental Plan 1985

(Amendment No 196).

2     Aims of plan

(1)

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

(2) This plan also aims to rezone part of the land to which this plan applies so as to correct a zoning anomaly for certain land at Berrara, Conjola and Sussex Inlet.

(3) This plan incidentally makes more extensive provisions in City of Shoalhaven Local Environmental Plan 1985 for the classification or reclassification of public land as operational land as a consequence of major changes to the statutory scheme in section 30 (Reclassification of community land as operational) of the Local Government Act 1993.

3     Land to which plan applies

This plan applies to certain land situated in Bamarang, Bangalee, Berrara, Burrier, Cambewarra, Conjola, Coolangatta, Longreach, Mundamia, North Nowra, St Georges Basin, Shoalhaven Heads, Sussex Inlet, Vincentia and Yatte Yattah, as shown edged heavy black on Sheets 1 and 2 of the map marked “City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)” deposited in the office of Shoalhaven City Council.

4 Amendment of City of Shoalhaven Local Environmental Plan 1985

City of Shoalhaven Local Environmental Plan 1985 is amended as set out in Schedule 1.

Page 2

2003 No 481

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]     Clause 6 Interpretation

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

City of Shoalhaven Local Environmental Plan 1985

(Amendment No 196)—Sheet 2

[2]     Clause 55

Omit the clause. Insert instead:

55     Classification and reclassification of public land as operational land

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

(2)

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

(3)

Land described in Part 2 of Schedule 11:

(a)

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

(b)

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

(4)

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

Page 3

2003 No 481

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

Schedule 1

Amendments

(5)

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

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

[3]    Schedule11Classificationandreclassificationofpubliclandas operational land

Insert after the heading to the Schedule:

Part 1 Land classified, or reclassified, under

original section 30 of Local Government

Act 1993

[4]     Schedule 11, Parts 2 and 3

Insert at the end of the Schedule:

Part 2 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—no interests changed

Column 1

Column 2

Locality

Description

Bamarang

Yalwal Road

Lot 1, DP 787799

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2003 No 481

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

Amendments

Schedule 1

Column 1

Column 2

Locality

Description

Bangalee

Illaroo Road

2,017 square metre parcel of land reserved for Nowra water supply UPN69271, as shown edged heavy

black on Sheet 1 of the map marked

“City of Shoalhaven Local

Environmental Plan 1985

(Amendment No 196)”

Berrara

Lakeland Avenue

Lots 1 and 2, DP 777354

Burrier

Burrier Road

Lot 1, DP 771231

Cambewarra

Tannery Road

Lot 1, DP 919211

Coolangatta

Northview Close

Lot 20, DP 844288

Longreach and Mundamia

Flatrock Road

Lot 1, DP 870268

North Nowra

Coconut Drive

Lot 160, DP 844155

St Georges Basin

Deane Street

Lot 51, DP 835254

Shoalhaven Heads

Scott Street

Lot 30, DP 848048

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2003 No 481

City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)

Schedule 1

Amendments

Column 1

Column 2

Locality

Description

Sussex Inlet

Medlyn Avenue

Lot 169, DP 726741

The Springs Road

Lot 171, DP 726741

The Springs Road

Lot 1, DP 865961

Vincentia

Moona Creek Road

Lot 3, DP 816315

Yatte Yattah

Pointer Road

Lot 16, DP 847482

Part 3 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—interests changed

Column 1

Column 2

Column 3

Locality

Description

Trusts etc not

discharged

BY AUTHORITY

Page 6

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