Gundagai Local Environmental Plan 1997 (NSW)

1Name of plan

This plan is Gundagai Local Environmental Plan 1997.

2Aims of plan

This plan aims:

• (a)

  to encourage the proper management, development and conservation of natural and man made resources, and

• (b)

  to ensure that development that has the potential to have a significant adverse impact on the environment requires proper assessment, and

• (c)

  to require development consent for any development other than extensive agriculture or home occupations.

• (d)

  (Repealed)

3Land to which this plan applies

This plan applies to all land within the local government area of Gundagai.

4Does this plan affect other environmental planning instruments?

This plan does not affect any State environmental planning policy or regional environmental plan that applies to land to which this plan applies.

5Definitions(1)

In this plan:

Council means Gundagai Shire Council.

extensive agriculture has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

home occupation has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

(2)

In this plan, a reference to a map is a reference to a map deposited in the office of the Council.

6Who is the consent authority?

The Council is the consent authority for the purposes of this plan.

7What development needs consent?(1)

Except as provided by subclause (2), development may be carried out only with development consent on land to which this plan applies.

(2)

Development for the purposes of extensive agriculture or home occupations may be carried out without consent.

8

(Repealed)

9Classification and reclassification of public land as operational land(1)

The public land described in Schedule 1 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 1:

• (a)

  to the extent (if any) that it 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 1, 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 1, 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 1, means the local environmental plan that inserted a description of land into that Part.

(5)

Before the relevant amending plan inserted a description of land into Part 2 of Schedule 1, the Governor approved of subclause (3) applying to the land.

10Repeal of plan

This plan is repealed on the second anniversary of the day on which Gundagai Local Environmental Plan 1997 (Amendment No 2) commenced.

Schedule 1Classification and reclassification of public land as operational land

(Clause 9)

Part 1Interests not changed

Column 1

Column 2

Locality

Description

Gundagai

Brungle Road

Lot 11, DP 833645

Burra Road

Lot 1, DP 554128

Lot 213, DP 751421

Camphor Street

Lots 2 and 5, DP 242071

Camphor Street

Lot 1, DP 1048561

Dog on Tuckerbox Road

Lot 2, DP 160191

Lot 529B, DP 751421

Eagle Street

Lot 101, DP 856120

First Avenue

Lot 2, DP 574412

First Avenue

Lot 20, Section 35, DP 758785

Gilmore Place

Lot 26, DP 851885

Hanley Street

Lot 12, DP 934940

Homer Street

Lots 19 and 20, Section 17, DP 758785

Off Landon Street

Lots 334, 440, 441 and 562, DP 751421

Lots 12–14, DP 758785

Off Landon Street

Lot 1, Section 8, DP 758785

Lawson Drive

Lot 25, DP 851885

Mount Street

Lot 20, Section 54, DP 758915

Mount Street

Part Lot 5, Section 29, DP 758915, as shown edged heavy black on Sheet 1 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

Neil McInerney Street

Lots 1–4, Section 85, DP 758785

Nurse Murray Street

Lot 1, DP 828549

O’Hagan Street

Lot 2, DP 403554

Ovid Street

Lot 1, DP 196282 and part Lots 18 and 19, Section 62, DP 758785, as shown edged heavy black on Sheet 2 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

Ovid Street

Part Lots 15 and 19, Section 62, DP 758785, as shown edged heavy black on Sheet 3 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

Pope Street

Part Lot 2, Section 62, DP 758785, as shown edged heavy black on Sheet 4 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

Pope Street

Lot 1, DP 1027841

Sheridan Lane

Lots 6 and 7, DP 37989, Lot 1, DP 162292 and Lot 2, DP 37954, as shown edged heavy black on Sheet 5 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

Sheridan Lane

Lot 2, DP 223811

Sheridan Street

Lot 1, DP 996596

Sheridan Street

Lot 1, DP 155397

Sheridan Street

Lots 1–3 and 21, Section 37, DP 758785 and Lot 1, DP 155943, as shown edged heavy black on Sheet 6 of the map marked “Gundagai Local Environmental Plan 1997 (Amendment No 1)”

William Street

Lot 5, DP 582771

William Street

Lot 11, DP 1012372

William Street

Lot 2, DP 793610

Nangus

Nangus Road

Lot 1, DP 252246

Part 2Interests changed

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