Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31) (2004-775) [GG No 187 of 26.11.2004, p 8683] (NSW)

Case
No judgment structure available for this case.

2004 No 775

New South Wales

Eurobodalla Rural Local

Environmental Plan 1987 (Amendment

No 31)

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. (W03/00085/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 187 of 26 November 2004, page 8683

Page 1

2004 No 775

Clause 1

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Eurobodalla Rural Local Environmental Plan 1987

(Amendment No 31)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Eurobodalla Rural Local Environmental Plan 1987

(Amendment No 31).

2      Aims of plan

The aims of this plan are:

(a)

to update heritage conservation controls in the Eurobodalla Rural Local Environmental Plan 1987 so that they are consistent with the standard heritage provisions prepared by the NSW Heritage Office, and

(b)

to include additional heritage items in that plan that were identified in the Eurobodalla Shire Heritage Inventory and the Eurobodalla Shire-wide Heritage Study conducted in 1997, and

(c)

to list specific heritage items within the Tilba Conservation Area under the Eurobodalla Rural Local Environmental Plan 1997, and

(d)

to transfer certain heritage items from the Eurobodalla Rural Local Environmental Plan 1987 to the Eurobodalla Urban Local Environment Plan 1999, and

(e)

to correct property descriptions for certain heritage items listed in the Eurobodalla Urban Local Environmental Plan 1999, and

(f)

to include an additional heritage item in the Eurobodalla Urban Local Environmental Plan 1999.

3      Land to which plan applies

(1)

The amendments made by Schedule 1 to this plan apply to all land to which Eurobodalla Rural Local Environmental Plan 1987 applies.

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Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Clause 4

(2)

The amendments made by Schedule 2 to this plan apply to certain land to which Eurobodalla Urban Local Environmental Plan 1999 applies, being the land described in Schedule 2.

4 Amendment of Eurobodalla Rural Local Environmental Plan 1987

Eurobodalla Rural Local Environmental Plan 1987 is amended as set out in Schedule 1.

5 Amendment of Eurobodalla Urban Local Environmental Plan 1999

Eurobodalla Urban Local Environmental Plan 1999 is amended as set out in Schedule 2.

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Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Schedule 1

Amendment of Eurobodalla Rural Local Environmental Plan 1987

Schedule 1

Amendment of Eurobodalla Rural Local

Environmental Plan 1987

(Clause 4)

[1]      Clause 9 Interpretation

Omit the definitions of conservation area, item of environmental heritage and relic from clause 9 (1).

[2]      Clause 9 (1)

Insert in alphabetical order:

archaeological site means the site of one or more relics.

conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

demolish a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.

heritage conservation area means an area of land that is shown edged with blue broken lines on the map and includes buildings, works, archaeological sites, trees and places situated on or within the land.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means a building, work, archaeological site or

place described in Schedule 1.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

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maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

place of Aboriginal heritage significance means:

(a)

a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)

a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

potential archaeological site means a site:

(a)

that is specified in Schedule 1 and described in that Schedule as a potential archaeological site, or

(b)

that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.

potential place of Aboriginal heritage significance means a

place:

(a)

that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or

(b)

that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.

relic means:

(a)

any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Eurobodalla Shire and that is a fixture or is wholly or partly within the ground, or

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

(b)

any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the Eurobodalla Shire.

[3]      Clauses 25–28D

Omit clauses 25–28. Insert instead:

25 Objectives

The objectives of this plan in relation to heritage are:

(a)

to conserve the environmental heritage of Eurobodalla Shire, and

(b)

to conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

(c)

to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and

(d)

to ensure that the heritage conservation areas throughout Eurobodalla Shire retain their heritage significance.

26      Protection of heritage items and heritage conservation areas

(1)

When is consent required?

The following development may be carried out only with development consent:

(a)

demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)

altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)

altering a heritage item by making structural changes to its interior,

(d)

disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

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(e)

moving the whole or a part of a heritage item,

(f)

erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2)

What exceptions are there?

Development consent is not required by this clause if:

(a)

in the opinion of the consent authority:

(i)      the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii)      the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b)

the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3)

Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:

(a)

the creation of a new grave or monument, or

(b)

an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4)

What must be included in assessing a development

application?

Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

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(5)

What extra documentation is needed?

The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6)

The minimum number of issues that must be addressed by the

heritage impact statement are:

(a)

for development that would affect a heritage item:

(i)      the heritage significance of the item as part of the environmental heritage of Eurobodalla Shire, and

(ii)      the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)      the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)     whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(v)     the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b)

for development that would be carried out in a heritage conservation area:

(i)

the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii)

the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)

the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into

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account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv)     the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)      whether any landscape or horticultural features would be affected by the proposed development, and

(vi)     whether any archaeological site or potential archaeological site would be affected by the proposed development, and

(vii)     the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii)      the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

27      Advertised development

The following development is identified as advertised development:

(a)

the demolition of a heritage item or a building, work, tree or place in a heritage conservation area, and

(b)

the carrying out of any development allowed by clause 28D.

28      Notice of demolition to the Heritage Council

Before granting consent for the demolition of a heritage item identified in Schedule 1 as being of State significance, the consent authority must notify the Heritage Council about the application and take into consideration any comments received in response within 28 days after the notice is sent.

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

28A

Development affecting places or sites of known or potential

Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:

(a)

consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)

except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) and the Director- General of National Parks and Wildlife of its intention to do so and take into consideration any comments received in response within 28 days after the relevant notice is sent.

28B

Development affecting known or potential archaeological sites

of relics of non-Aboriginal heritage significance

(1)

Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:

(a)

consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)

notify the Heritage Council of its intention to do so and take into consideration any comments received in response within 28 days after the notice is sent.

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Schedule 1

(2)

This clause does not apply if the proposed development:

(a)

does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)

is integrated development.

28C

Development in the vicinity of a heritage item

(1)

Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2)

This clause extends to development:

(a)

that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)

that may undermine or otherwise cause physical damage to a heritage item, or

(c)

that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3)

The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)

The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

28D

Conservation incentives

The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:

(a)

it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b)

the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(c)

the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d)

the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e)

the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

[4]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1

(Clause 9 (1))

Item No

Description

Location

Belowra

1

Sutherland Babies’ Grave

Lot 96, DP 752128, 3070 Belowra

Road

Benandarah

Remains and relics of Benandarah village and associated saw milling operations:

1

Timber barn

Lot 5, DP 872584, 19 Durras Drive

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Schedule 1

Item No

Description

Location

2

East Lynne tram line

As shown in Eurobodalla Shire

Council Heritage Inventory 1997,

Reference No BEND/R002,

topographic map Nelligen 8926-4-S

3

Guy’s sawmill

Lot 50, DP 592940, 22 Lookout Road and Lot 4, DP 872584, 19 Durras Drive

4

Paddle wheel punt

Bartleys Arm, Durras Lake,

adjacent Lot 755904, Princes

Highway

5

Cricket pitch

Part Lot 23, DP 755904, Princes

Highway

6

Hall/former school

Lot 1, DP 657300, 2 Lookout Road

7

Francis Guy’s residence

Lot 4, DP 872584, 19 Durras Drive

8

Backhouses’ mill

Part Lot 23, DP 755904, Princes

Highway

9

Residences associated with

Part Lot 23, DP 755904 and

Backhouses’s mill

DP 755933, Princes Highway

10

Former Durras Road

DP 755904 and Lot 1, DP 126113,

Princes Highway and Lot 50,

DP 592940, 22 Lookout Road and

Lot 4, DP 872584, 19 Durras Drive

Bendethera Valley

1

Stone bakery oven

Lot 1, DP 752159, Map reference

247560E, 6017860N, AMG

Snowball 8826-111-S

2

George family member’s

Lot 1, DP 752159, Map reference

grave

247760E, 6017960N, AMG

Snowball 8826-111-S

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

Item No

Description

Location

3

Water race

Lot 1, DP 752159, Map reference

247560E, 6017920N, AMG

Snowball 8826-111-S

4

Bridle track network

Lot 1, DP 752159, as shown in ESC Heritage Inventory 1997, Reference No BEND/R002, topographic map Snowball 8826-111-S

Bergalia

1

Former cheese factory

Lot 1, DP 945498, Bergalia Link

Road

2

Bergalia general store

Lot 1, DP 159477, 58 Bergalia Link

Road

3

War memorial

Road reserve, corner of Beashells

Lane and Bergalia Link Road

4

Lakeview Homestead,

Lot 84, DP 736505, 120 Bingie

including outbuildings and

Road, Bergalia

manager’s cottage

Bimbimbie

1

Kelly’s gold mine

Map reference 237800E, 6032000N,

AMG Mogo 8926-3-N

Bingie Bingie

1

“Bingie Farm”

Lot 216, DP 752137, 660 Bingie

Road

2

Bingie Bingie (Kelly’s)

Approximately 4 hectares of land

Point, including the wreck of

comprising Part Lot 215,

SS Monaro

DP 752137, Bingie Road and

adjoining exposed headland above

mean sea level (Refer to Register of

the National Estate Database

No 000992)

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Schedule 1

Item No

Description

Location

Bodalla

1

Home Farm cheese factory

Lot 1, DP 520313, 149 Eurobodalla

Road

2

Heffernan’s Hill residence

Lot 3, DP 794098, 142–157

Eurobodalla Road

3

Old Trunketabella cheese

Lot 7, DP 835139, 15 Princes

factory

Highway

4

Deraquin house site

Lot 163, DP 752131, Wagonga

Scenic Drive

5

Old Comerang cow bails

Lot 21, DP 12672, 294 Comerang

Farm Road

6

Bodalla Church of England

DP 752131, Eurobodalla Road,

cemetery

Parish of Bodalla

7

Old Riverview cow bails

Lot 6, DP 752132, Redex Road

Broulee

1

Aboriginal canoe tree

Lot 70, DP 831111, George Bass

Drive

2

Wreck of the John Penn

Broulee Bay, Map reference

245600E, 6028300N, AMG Mogo

8926-III-N

3

Mount Oldrey homestead

Lot 3, DP 1013077, 207 Broulee

site

Road

Buckenboura

1

Browne’s hut and stockyard

Lot 13, DP 777171, 1188–1190

memorial

Buckenbowra Road

2

Heinrich Thomsen’s grave

Lot 66, DP 755969, Quartpot Road

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Item No

Description

Location

3

Corn trail

Lot 14, DP 755951, Kings Highway

Cadgee/Tinpot

1

Byrnes, Bate and Tarlington

As shown in ESC Heritage

stock routes

Inventory 1997 Reference

No OTHE/R001, topographic maps

Nerrigundah 8825-1-N and Cadgee

8825-1-S

2

River cutting

Map reference 748720E, 6011140N,

AMG Nerrigundah 8825-1-N

3

Port Phillip Neddie’s grave

Lot 76, DP 752145, Wattlegrove

Road

4

Kings battery

Map reference 752640E, 5995520N,

AMG Cadgee 8825-1-S

Coila

1

Red washed grain silo

Lot 5, DP 263981, Neil Davis

Reserve, Princes Highway

2

Presbyterian church

Lot 96, DP 758259, 4017 Princes

Highway

Congo

1

Maria Thompson’s grave

DP 752151, Parish of Moruya,

Congo Road

Corunna/Corunna Point

1

Cemetery and church site

Lot 290, DP 752155, Old Highway

Couria Creek

1

Former post office

Lot 1, DP 128676, 9067 Princes

Highway

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Schedule 1

Item No

Description

Location

2

Southam graves

Lot 2, DP 578862, 9069 Princes

Highway

Currowan

1

Ship building site

Lot 29, DP 755930, 560 The River

Road

2

Starch factory site

Lot 7, Section 14, DP 758328, The

River Road

Dignams Creek

1

Former post office

Lot 369, DP 752155, 9473 Princes

Highway

2

Bottin family graves

Lot 40, DP 752145, 1071 Reedy

Creek Road

Durras

1

Myrtle Beach-Wasp Head

Approximately 20 hectares of land

geological site

between Mill Beach and Myrtle

Beach, comprising rock platforms

and adjacent coastal cliffs to the low

water mark (Refer to Register of the

National Estate Database

No 000999)

2

McMillan’s sawmill, wharf

foreshore adjoining and on Part Lot,

and skids

DP 755904, Banyandah Street, at

southern end of Mill Beach

Eurobodalla

1

Former post office

Lot 9, DP 252742, 12–18 Waincourt

Road

2

Graves, Charles Harpur and

DP 752145, Reserve 86934,

Son

Eurobodalla Road

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

Item No

Description

Location

3

Former school of arts

Lot 180, DP 771740, 1043

Eurobodalla Road

Kiora

1

Kiora Homestead

Lot 1, DP 521895, 486 Araluen

Road

2

Kiora cemetery

Lot 4, DP 192733, 478 Araluen

Road

3

Coman family graves

Lot 1, DP 250960, 126 Wamban

Road

4

Former cheese factory

Lot 1, DP 607096, 495–497 Araluen

Road

Malua Bay

1

Rose Bud farmhouse

Lot 6, DP 855167, 520 Dunns Creek

Road

Mogo

1

Public school and teacher’s

Lot 63, DP 755902, 64–72 Sydney

residence

Street

2

Mogo cemetery

Lot 7039, DP 1020364, Princes

Highway

3

Residence/former gold

Lot 1, DP 124928, 874 Princes

counting house

Highway

Moruya

1

Francis Hill gold mine

DP 752151, Parish of Moruya,

Wamban Road

2

Donkey Hill gold mine

Lot 33, DP 752129, Dwyers Creek

Road

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Schedule 1

Item No

Description

Location

3

Hunt’s gold mine and battery

Lot 312, DP 47662, Dwyers Creek

Road

Moruya Heads

1

Toragy Point cemetery

Lot 300A, DP 752151, Elizabeth

Street

2

Old pilot station and mast of

Lot 424, DP 44312, 2 Elizabeth

the Trident

Street

3

Wharf remnant, mooring

DP 752151, Parish of Moruya,

ring and seawall

Elizabeth Street

4

Louttit’s quarry, wharf and

Lot 117, DP 752151, South Head

roadway

Road

5

Spike tree

Lot 120, DP 752151, South Head

Road

6

Shipyard site

Moruya River, Map reference

240700E, 6021960N, AMG Moruya

8926-3-S

Moruya North

1

Former Sunnybank house

Lot 61, DP 1014094, Princes

Highway

2

Shannon View

Lot 1, DP 950539, 21 Larry’s

Mountain Road

3

Glenduart cemetery

Lot 21, DP 246754, Maclean Place

Reserve

4

Moruya quarry, site and

Lot 8, DP 904847, Lots 1 and 2,

structures

DP 595315, North Head Drive, Part

Reserve 1001007

5

Granitetown cottage

Lot 12, DP 599653, 297 North Head

Drive

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Amendment of Eurobodalla Rural Local Environmental Plan 1987

Item No

Description

Location

6

Remains of Granitetown,

Moruya Quarry, Map reference

comprising 11 stone hearths,

239500E, 6022900N, AMG Moruya

floor stumps and building

8926-3-S

debris

7

Moruya Airport World War

Lot 1, DP 832943, North Head

II installations

Drive, and Lot 49, DP 1016474 and Lot 10, DP 771575, Donnelly Drive

8

Former bakery

Lots 2, 3 and 4, DP 211794, 8–12

North Head Drive

9

Wreck of sand barge

Malabar Creek, Map reference

238800E, 6022800N, AMG Moruya

8926-3-S

Mystery Bay

1

Corunna recreation ground

Lot 306, DP 752155, Mystery Bay

and velodrome

Road

Narooma

1

Ruins of Thomas Forster’s

Lot 1, DP 742463, 175 Old

residence

Highway

2

St Phillips cemetery

Lot 399, DP 752155, Wagonga

Scenic Drive

3

Lucky Old Chief and Royal

Lot 174, DP 752162, Rifle

Oak mines

Range Road, Map reference 239700E, 5989460N, AMG Narooma 8925-4-S

4

Wagonga wharf site

Lot 7012, DP 752162, Part Reserve

52679, Wagonga Scenic Drive,

Brices Bay

5

Wagonga cemetery

Lot 1, DP 725543 and Lot 32,

DP 752162, Crown Reserve 43416,

Wagonga Scenic Drive, Brices Bay

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Schedule 1

Item No

Description

Location

6

Log ramps (skids), Wagonga

Barlows Bay, 239060E, 5988840N,

Inlet

Fosters Bay, 240410E, 5986570N, Hobbs Point, 237000E, 5986770N, Wagonga Forest Reserve, 235820E, 5988570N, AMG Narooma 8925-4- S

Nelligen

1

Cemetery

Lots 1–7, DP 34654, Runnyford

Road

2

Old Bolaro Road

Map reference 229300E, 6050600N,

AMG Nelligen 8926-4-S

Nerrigundah

1

Original cemetery

Lot 1, Section 6, DP 758765,

Byrnes Street

2

Cemetery

DP 752156, 823 Nerrigundah

Mountain Road

3

Constable Miles O’Grady

Road reserve, junction of Moruya

monument

and Gulph Streets

4

William Fletcher grave

Lot 12, Sections 6 and 7,

DP 758765, Belowra Road

5

Water race

Lot 4, DP 752147, Gulph Creek

Road

6

Chinese oven

Lot 40, DP 752156, 2813

Eurobodalla Road

7

Comans mine

Map reference 758160E, 6001940N,

AMG Nerrigundah 8825-1-N

8

Ruins of Gulph Creek

Map reference 762380E, 5996480N,

dredge

AMG Cadgee 8825-1-S

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Schedule 1

Amendment of Eurobodalla Rural Local Environmental Plan 1987

Item No

Description

Location

9

Catholic church

Lot 1, DP 917501, 6 Byrnes Street

10

Pollock’s general store

Lot 5, Section 3, DP 758765, 6–8

Gulph Street

11

Residence

Lot 1, Section 10, DP 758765, 9

William Street

12

Concrete dam

Map reference 758040E, 6002040N,

AMG Nerrigundah 8825-1-N

Runnyford

1

Runnyford Homestead

Part Lot 132, DP 755969, 1183

Runnyford Road

2

May’s Landing/Wray’s

Lot 7001, DP 1020736 Crown

wharf site

Reserve 23697, Mays Road

3

Convict road

Map reference 235600E, 6042880N,

AMG Nelligen 8926-4-S

Tilba district

1

“Sherringham” farmhouse

Lot 4, DP 583678, 198–244

and silos

Sherringham Lane

2

“Henkley” homestead and

Lot 435, DP 752155, Haxstead

farm buildings

Road

3

Former Henkley dam

Lot 3, DP 805256, 58 Sherringham

Lane

4

W E Secombe grave

Lot 435, DP 752155, Haxstead

Road

5

“Haxstead” homestead and

Lot 8, DP 852736, 131–133

silo

Haxstead Road

6

Lake View gold mine

Lot 2171, DP 600164, Haxstead

Road

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Amendment of Eurobodalla Rural Local Environmental Plan 1987

Schedule 1

Item No

Description

Location

7

Albert Read’s grave

Lot 46, DP 752155, Haxstead Road

8

“Lustleigh Park” farmhouse

Lot 231, DP 752155, Haxstead

Road

9

Tilba Tilba district cemetery

Lot 7051, DP 1052698, Part

Reserve 79882, Haxstead Road

10

Merriwingah recreation

Lot 7056, DP 1020203, Reserve

ground

580068, Youngs Road

11

Former cheese factory

Lot 1, DP 521590, 8731 Princes

Highway

12

“Glen Luna” residence

Part Lot 14, DP 752155, 8727–8729

Princes Highway

13

Mountain Valley farm

Part Lot 14, DP 752155, 8727–8729

cottage

Princes Highway

14

John Young family vault

Lot 61, DP 752155, Bermagui Road

15

Methodist Church

Lot 2, DP 548985, 32 Corkhill

Drive

16

Mount Dromedary water

DP 752155, Parish of Narooma,

supply reservoir

Map reference 233780E, 5979920N,

AMG Central Tilba 8925-3-N

17

Residence/former Post

Lot 2, DP 614884, 263 Corkhill

Office

Drive

18

Residence/former Tilba

Lot 1 DP 614884, 265 Corkhill

Tilba Hotel, Milton’s Hotel

Drive

19

Kitty’s House

Lot 13, DP 790759 and Lot 4,

Section 3, DP 3351, 267 Corkhill

Drive

20

Greengables and former

Lot 1, DP 814522, 269 Corkhill

Temperance Hall

Drive

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Schedule 1

Amendment of Eurobodalla Rural Local Environmental Plan 1987

Item No

Description

Location

21

Former Agricultural

Part Lot 14, DP 752155, 8727–8729

Showground Hall

Princes Highway

22

Foxglove Spires residence

Lots 5–9, Section 2, DP 3351 and

and garden

Lots 401 and 402, DP 830620, 282

Corkhill Drive

23

Residence/former butcher’s

Lot 32, DP 701277, 272 Corkhill

shop

Drive

24

Residence/former Post

Lot 2, Section 2, DP 3351, 270

Office

Corkhill Drive

25

Village store/former Tilba

Lot 83, DP 627091, 264–268

store

Corkhill Drive

26

Residence/former stables

Lots 5–7, Section 1, DP 3351, 258

Corkhill Drive

27

Residence

Lots 1–4, Section 1, DP 3351, 254–

256 Corkhill Drive

28

Central Tilba Primary

Lot 1, DP 795357, 89 Corkhill

School

Drive

29

Holy Trinity Church

Lots 87 and 88, DP 752155, 242

Corkhill Drive

30

Residence/former Court

Lot 1, DP 843471, 49 Corkhill

House

Drive

31

Residence/former Police

Lot 2, DP 843471, 47 Corkhill

House and doctor’s

Drive

residence

32

Mountain View homestead,

Lot 1, DP 406104, Lot 1,

farm buildings and garden

DP 720023, The Avenue and Lot 1,

DP 1017506, Mount Dromedary

Trail

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Amendment of Eurobodalla Rural Local Environmental Plan 1987

Schedule 1

Item No

Description

Location

33

Bellbrook farm buildings

Lot 16, DP 807992 and Lot 1,

DP 591024, 106 Corkhill Drive

34

Marshmead farm house and

Lot 111, DP 862831, 141 Corkhill

buildings

Drive

35

Greenacres farm house

Lot 1, DP 191518, 229 Corkhill

Drive

36

Marengo farm house

Lot B, DP 940888, Corkhill Drive

37

Yaringah farm houses

Lot G, DP 18411, 8456 Princes

Highway and Lot H, DP 18411, 10

Corkhill Drive

38

Mount Pleasant farm

Lot 1, DP 1042076, 46 Punkalla

buildings

Tilba Road

39

Glenrock farm house and

Lots A and B, DP 33792, 123–125

buildings

Punkalla Tilba Road

40

Slaughter yards

Lot 14, DP 706210, 94 Punkalla

Tilba Road

41

Chinese drystone wall

Lot 1, DP 1017506, Mount Dromedary Trail and Lot 2, DP 1017506, Corkhill Drive

42

Monzonite quarries

Lots 2 and 3, DP 626641, 37 and 57

Punkalla Tilba Road

Tuross Head

1

Kyla Park Farm remnants

Lot 8, DP 259656, 8 Hawdons Cove

2

Kyla Park grazing lands

Lots 75–79, DP 260321, Hector

McWilliam Drive

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Schedule 2

Amendment of Eurobodalla Urban Local Environmental Plan 1999

Schedule 2

Amendment of Eurobodalla Urban Local

Environmental Plan 1999

(Clause 5)

[1]      Clause 75 What are heritage items and archaeological sites or potential archaeological sites?

Insert at the end of the matter relating to Batemans Bay:

7

Description:

Coal bunker wharf

Location:

Lot 7030, DP 755902,

Clyde Street and adjacent

to Clyde River

8

Description:

The boatshed and jetty

Location:

Lot 300, DP 755902, 1c

Clyde Street and adjacent

to Clyde River

[2]      Clause 75

Insert before the matter relating to Tomakin:

South Durras

1

Description:

Beagle Bay boat ramp

Location:

foreshore adjoining Part

Lot, DP 755904,

Banyandah Street, at

southern end of Cookies

Beach

2

Description:

Durras Lake loading ramp

Location:

Part Lot, DP 755904,

Durras Lake Road

2004 No 775

Eurobodalla Rural Local Environmental Plan 1987 (Amendment No 31)

Amendment of Eurobodalla Urban Local Environmental Plan 1999

Schedule 2

[3]      Clause 75

Omit item 18 of the matter relating to Moruya. Insert instead:

18

Description:

Residence/former cheese

Location:

factory

Lot 1, DP 1047608, 57

Hawdon Street

[4]      Clause 75

Omit item 37 of the matter relating to Moruya. Insert instead:

37

Description:

Shops/former Garnet

Location:

Chewying building

Lots 7 and 8,

DP 1003486, 70–72

Vulcan Street

BY AUTHORITY

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