Cobar Local Environmental Plan 2001 (Amendment No 1) (2003-913) [GG No 191 of 5.12.2003, p 10996] (NSW)

2003 No 913

New South Wales

Cobar Local Environmental Plan 2001

(Amendment No 1)

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. (S03/00848/PC)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 191 of 5 December 2003, page 10996	Page 1
2003 No 913

Clause 1 Cobar Local Environmental Plan 2001 (Amendment No 1)

Cobar Local Environmental Plan 2001 (Amendment

No 1)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Cobar Local Environmental Plan 2001 (Amendment

No 1).

2      Aims of plan

This plan aims:

(a)

to reclassify the land to which this plan applies (being public land) from community land to operational land within the meaning of the Local Government Act 1993, and

(b)

to ensure that the public is aware that the reclassification may include the following effects:

(i)	if the land is a public reserve, it may cease to be a public reserve,
(ii)	if the land (or part of the land) is affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants, those trusts, estates, interests, dedications, conditions, restrictions and covenants may be discharged except those specifically retained.

3      Land to which plan applies

This plan applies to land in the local government area of Cobar, being Lot 1, DP 786152, Cornish Street, Cobar, as shown edged heavy black on the map marked “Cobar Local Environmental Plan 2001 (Amendment No 1)” deposited in the office of the Cobar Shire Council.

4 Amendment of Cobar Local Environmental Plan 2001

Cobar Local Environmental Plan 2001 is amended as set out in

Schedule 1.

2003 No 913

Cobar Local Environmental Plan 2001 (Amendment No 1)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clause 7

Omit the clause. Insert instead:

7      Classification and reclassification of public land as operational land

(1)	The public land described in Schedule 2 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 2:

(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 2, 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 2, 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 2, 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 2, the Governor approved of subclause (3) applying to the land.

2003 No 913

Cobar Local Environmental Plan 2001 (Amendment No 1)

Schedule 1 Amendments

[2]      Schedule 2

Omit the Schedule heading. Insert instead:

Schedule 2

Classification and reclassification of

public land as operational land

[3]      Schedule 2, Part 1

Insert before the list of land descriptions:

Part 1 Interests not changed

[4]      Schedule 2, Part 2

Insert after Part 1 of the Schedule:

Part 2 Interests changed

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

Cobar

Cornish Street Lot 1, DP 786152, as shown edged Nil.

heavy black on the map marked

“Cobar Local Environmental Plan

2001 (Amendment No 1)”.

BY AUTHORITY