Hawkesbury Local Environmental Plan 2012 (NSW)

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Part 1Preliminary1.1Name of Plan

This Plan is Hawkesbury Local Environmental Plan 2012.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Hawkesbury in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to provide the mechanism for the management, orderly and economic development and conservation of land in Hawkesbury,

  • (b)

    to provide appropriate land in area, location and quality for living, working and recreational activities and agricultural production,

  • (c)

    to protect attractive landscapes and preserve places of natural beauty, including wetlands and waterways,

  • (d)

    to protect and enhance the natural environment in Hawkesbury and to encourage ecologically sustainable development,

  • (e)

    to conserve and enhance buildings, structures and sites of recognised significance that are part of the heritage of Hawkesbury for future generations,

  • (f)

    to provide opportunities for the provision of secure, appropriate and affordable housing in a variety of types and tenures for all income groups in Hawkesbury,

  • (g)

    to encourage tourism-related development that will not have significant adverse environmental effects or conflict with other land uses in the locality.

1.3Land to which Plan applies

This Plan applies to the land identified on the Land Application Map.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

  • (a)

    approved by the local plan-making authority when the map is adopted, and

  • (b)

    as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

  • Hawkesbury Local Environmental Plan 1989

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

1.8ASavings provision relating to development applications

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

cl 1.8A: Am 2019 (621), Sch 5[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

  • (a)

    to a covenant imposed by the Council or that the Council requires to be imposed, or

  • (b)

    to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

  • (c)

    to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

  • (d)

    to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

  • (e)

    to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

  • (g)

    to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Rural Zones
    • RU1 Primary Production

    • RU2 Rural Landscape

    • RU4 Primary Production Small Lots

    • RU5 Village

  • Residential Zones
    • R1 General Residential

    • R2 Low Density Residential

    • R3 Medium Density Residential

    • R5 Large Lot Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

  • Special Purpose Zones
    • SP1 Special Activities

    • SP2 Infrastructure

  • Recreation Zones
    • RE1 Public Recreation

    • RE2 Private Recreation

  • Conservation Zones
    • C1 National Parks and Nature Reserves

    • C2 Environmental Conservation

    • C3 Environmental Management

    • C4 Environmental Living

  • Waterway Zones
    • W1 Natural Waterways

    • W2 Recreational Waterways

cl 2.1: Am 2022 (832), Sch 1.10[1].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

  • (a)

    must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

  • (b)

    must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (a)

    a constructed canal, or other waterway or waterbody, that—

    • (i)

      is inundated by surface water or groundwater movement, or

    • (ii)

      drains to a waterway or waterbody by surface water or groundwater movement, and

  • (b)

    the erection of a dwelling, and

  • (c)

    one or both of the following—

    • (i)

      the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

    • (ii)

      excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

  • (a)

    carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

  • (b)

    limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

  • State Environmental Planning Policy (Housing) 2021

  • State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

  • State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

  • State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

  • State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

  • State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (784), Sch 1[1]–[4]; 2021 (714), Sch 10.9; 2022 (314), Sch 1; 2022 (832), Sch 1.10[2]; 2023 (458), Sch 2.40[1].

Zone RU1Primary Production1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To encourage diversity in primary industry enterprises and systems appropriate for the area.

  • To minimise the fragmentation and alienation of resource lands.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To encourage agricultural activities that do not rely on highly fertile land.

  • To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.

  • To promote the conservation and enhancement of local native vegetation including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation.

  • To ensure that development retains or enhances existing landscape values including a distinctive agricultural component.

  • To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3Permitted with consent

Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Funeral homes; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Open cut mining; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU2Rural Landscape1Objectives of zone
  • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

  • To maintain the rural landscape character of the land.

  • To provide for a range of compatible land uses, including extensive agriculture.

  • To minimise the fragmentation and alienation of resource lands.

  • To minimise conflict between land uses in the zone and land uses in adjoining zones.

  • To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.

  • To ensure that development retains or enhances existing landscape values including a distinctive agricultural component.

  • To preserve the river valley systems, scenic corridors, wooded ridges, escarpments, environmentally sensitive areas and other features of scenic quality.

  • To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3Permitted with consent

Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Cemeteries; Charter and tourism boating facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Funeral homes; Helipads; Home-based child care; Home industries; Jetties; Landscaping material supplies; Moorings; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Veterinary hospitals; Water recreation structures; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU4Primary Production Small Lots1Objectives of zone
  • To enable sustainable primary industry and other compatible land uses.

  • To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3Permitted with consent

Agritourism; Animal boarding or training establishments; Aquaculture; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Home-based child care; Home industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RU5Village1Objectives of zone
  • To provide for a range of land uses, services and facilities that are associated with a rural village.

  • To maintain the rural character of the village and ensure buildings and works are designed to be in sympathy with the character of the village.

  • To protect hilltops, ridge lines, river valleys, rural landscape and other local features of scenic significance.

  • To ensure that development does not detract from the existing rural character or create unreasonable demands for the provision or extension of public amenities and services.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Flood mitigation works; Food and drink premises; Home-based child care; Home industries; Jetties; Landscaping material supplies; Local distribution premises; Moorings; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Schools; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water storage facilities

4Prohibited

Any other development not specified in item 2 or 3

Zone R1General Residential1Objectives of zone
  • To provide for the housing needs of the community.

  • To provide for a variety of housing types and densities.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Animal boarding or training establishments; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Rural workers’ dwellings; Any other development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To protect the character of traditional residential development and streetscapes.

  • To ensure that new development retains and enhances that character.

  • To ensure that development is sympathetic to the natural environment and ecological processes of the area.

  • To enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale.

  • To ensure that water supply and sewage disposal on each resultant lot of a subdivision is provided to the satisfaction of the Council.

  • To ensure that development does not create unreasonable demands for the provision or extension of public amenities or services.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Animal boarding or training establishments; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home industries; Hospitals; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

  • To provide a variety of housing types within a medium density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To provide a wide range of housing choices in close proximity to commercial centres and railway stations.

  • To ensure that development is sympathetic to the natural amenity and ecological processes of the area.

  • To ensure that development does not create unreasonable demands for the provision or extension of public amenities or services.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Animal boarding or training establishments; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Any other development not specified in item 2 or 3

Zone R5Large Lot Residential1Objectives of zone
  • To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

  • To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

  • To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To provide primarily for low density residential housing and associated facilities.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Animal boarding or training establishments; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Flood mitigation works; Home-based child care; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone
  • To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

  • To encourage investment in local commercial development that generates employment opportunities and economic growth.

  • To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

  • To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

  • To ensure the scale and type of development is compatible with the character and amenity of the area.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Airports; Airstrips; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Hostels; Industrial retail outlets; Industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Moorings; Open cut mining; Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures

Zone E2Commercial Centre1Objectives of zone
  • To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.

  • To encourage investment in commercial development that generates employment opportunities and economic growth.

  • To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.

  • To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.

  • To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Airports; Airstrips; Boat building and repair facilities; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Home occupations (sex services); Hostels; Industrial retail outlets; Industries; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Moorings; Open cut mining; Pond-based aquaculture; Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Sewerage systems; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures

Zone E3Productivity Support1Objectives of zone
  • To provide a range of facilities and services, light industries, warehouses and offices.

  • To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.

  • To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.

  • To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.

  • To provide opportunities for new and emerging light industries.

  • To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Airports; Airstrips; Amusement centres; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Exhibition homes; Exhibition villages; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Marinas; Moorings; Open cut mining; Residential accommodation; Resource recovery facilities; Restricted premises; Roadside stalls; Rural industries; Sewerage systems; Sex services premises; Shops; Tourist and visitor accommodation; Transport depots; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities

Zone E4General Industrial1Objectives of zone
  • To provide a range of industrial, warehouse, logistics and related land uses.

  • To ensure the efficient and viable use of land for industrial uses.

  • To minimise any adverse effect of industry on other land uses.

  • To encourage employment opportunities.

  • To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Airports; Airstrips; Amusement centres; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Educational establishments; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Hazardous storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations (sex services); Intensive livestock agriculture; Intensive plant agriculture; Jetties; Kiosks; Marinas; Markets; Moorings; Offensive storage establishments; Office premises; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Roadside stalls; Sex services premises; Shops; Specialised retail premises; Tourist and visitor accommodation; Water recreation structures

Zone SP1Special Activities1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

  • To provide for sites with special natural characteristics that are not provided for in other zones.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone
  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Aquaculture; Community facilities; Public administration buildings; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To protect and enhance the natural environment for environmental purposes.

  • To restrict development on land required for future open space purposes.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat sheds; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Signage; Water recreation structures; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat sheds; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Food and drink premises; Helipads; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recreation structures; Water storage facilities

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

  • To enable uses authorised under the National Parks and Wildlife Act 1974.

  • To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

  • To protect wetland areas from development that could adversely affect their preservation and conservation.

  • To preserve wetland areas as habitats for indigenous and migratory wildlife.

2Permitted without consent

Nil

3Permitted with consent

Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture Recreation areas; Roads; Water storage facilities

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone
  • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

  • To provide for a limited range of development that does not have an adverse effect on those values.

  • To protect varieties of wildlife and their associated habitats and corridors.

  • To retain the visual and scenic qualities of the escarpment ridges and foot slopes.

  • To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Correctional centres; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Extensive agriculture; Farm buildings; Flood mitigation works; Health consulting rooms; Helipads; Home-based child care; Home industries; Hospitals; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water storage facilities

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone
  • To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

  • To ensure that residential development does not have an adverse effect on those values.

  • To restrict development on land that is inappropriate for development because of its physical characteristics or bushfire risk.

  • To ensure that land uses are compatible with existing infrastructure, services and facilities and with the environmental capabilities of the land.

  • To encourage existing sustainable agricultural activities.

  • To ensure that development does not create or contribute to rural land use conflicts.

  • To promote the conservation and enhancement of local native vegetation, including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation.

  • To ensure that development occurs in a way that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as waterways.

2Permitted without consent

Environmental protection works; Extensive agriculture; Home occupations

3Permitted with consent

Animal boarding or training establishments; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Farm buildings; Flood mitigation works; Food and drink premises; Forestry; Health consulting rooms; Helipads; Heliports; Home-based child care; Home industries; Hospitals; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Moorings; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Sawmill or log processing works; Stock and sale yards; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water storage facilities

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone
  • To protect the ecological and scenic values of natural waterways.

  • To prevent development that would have an adverse effect on the natural values of waterways in this zone.

  • To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Moorings; Water recreation structures

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone
  • To protect the ecological, scenic and recreation values of recreational waterways.

  • To allow for water-based recreation and related uses.

  • To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Kiosks; Marinas; Moorings; Mooring pens; Recreation areas; Recreation facilities (outdoor); Water recreation structures

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

  • (a)

    must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

  • (b)

    must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

  • (c)

    must not be designated development, and

  • (d)

    must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

  • (a)

    the building has a current fire safety certificate or fire safety statement, or

  • (b)

    no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

  • (a)

    be installed in accordance with the manufacturer’s specifications, if applicable, and

  • (b)

    not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

  • (a)

    be permissible, with development consent, in the zone in which it is carried out, and

  • (b)

    meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

  • (c)

    have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

    land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

  • (d)

    land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

  • (e)

    land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

  • (f)

    land within 100 metres of land to which paragraph (c), (d) or (e) applies,

  • (g)

    land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

  • (h)

    land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

  • (i)

    land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

  • (j)

    land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the pattern of lots created by subdivision and the location of any buildings on those lots will minimise the impact on any threatened species, populations or endangered ecological community or regionally significant wetland, waterways and groundwater as well as any agricultural activity in the vicinity,

  • (b)

    to ensure that each lot created in a subdivision contains a suitable area for the erection of a dwelling house, an appropriate asset protection zone relating to bush fire hazard and a location for on-site effluent disposal if sewerage is not available,

  • (c)

    to ensure a ratio between the depth of the lot and the frontage of the lot that is satisfactory having regard to the purpose for which the lot is to be used.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)

If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R2 Low Density Residential,

  • (c)

    Zone R3 Medium Density Residential.

(4)

This clause does not apply in relation to the subdivision of any land—

  • (a)

    by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

  • (b)

    by any kind of subdivision under the Community Land Development Act 2021.

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that land to which this clause applies is not fragmented by inappropriate subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU5 Village,

  • (e)

    Zone R1 General Residential,

  • (f)

    Zone R2 Low Density Residential,

  • (g)

    Zone R3 Medium Density Residential,

  • (h)

    Zone R5 Large Lot Residential,

  • (i)

    Zone C3 Environmental Management,

  • (j)

    Zone C4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)

If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R2 Low Density Residential,

  • (c)

    Zone R3 Medium Density Residential.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (832), Sch 1.10[3] [4].

4.1AMinimum subdivision lot size for strata plan schemes in certain rural, residential and conservation zones(1)

The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU5 Village,

  • (e)

    Zone R1 General Residential,

  • (f)

    Zone R2 Low Density Residential,

  • (g)

    Zone R3 Medium Density Residential,

  • (h)

    Zone R5 Large Lot Residential,

  • (i)

    Zone C3 Environmental Management,

  • (j)

    Zone C4 Environmental Living.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

(4)

If a lot in a following zone is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R2 Low Density Residential,

  • (c)

    Zone R3 Medium Density Residential.

cl 4.1A: Am 2022 (832), Sch 1.10[3]–[5].

4.1BAdditional requirements for subdivision in certain rural, residential and conservation zones(1)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU5 Village,

  • (e)

    Zone R5 Large Lot Residential,

  • (f)

    Zone C3 Environmental Management,

  • (g)

    Zone C4 Environmental Living.

(2)

Development consent must not be granted to a subdivision of land to which this clause applies unless—

  • (a)

    the pattern of lots created by the subdivision and the location of any buildings on those lots is not likely to have a significant impact on any threatened species, populations or endangered ecological community or regionally significant wetland, waterways, groundwater or agricultural activities in the locality, and

  • (b)

    the consent authority is satisfied that each lot to be created contains a suitable area for a dwelling house, an appropriate asset protection zone relating to bush fire hazard and an adequate sewage management system if sewerage is not available, and

  • (c)

    if sewerage is not available—the consent authority has considered a geotechnical assessment that demonstrates the land is adequate for the on-site disposal of effluent, and

  • (d)

    the consent authority is satisfied that there is a satisfactory ratio between the depth of each lot and the frontage of each lot, having regard to the purpose for which the lot is to be used.

cl 4.1B: Am 2022 (832), Sch 1.10[3]–[5].

4.1CExceptions to minimum subdivision lot size for rural and large lot residential zones(1)

The objective of this clause is to provide an alternative method to clause 4.1 for the subdivision of land to which this clause applies.

(2)

This clause applies to land in the following zones that is identified as “U”, “Y” or “Z” on the Lot Averaging Map

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU4 Primary Production Small Lots,

  • (c)

    Zone R5 Large Lot Residential.

(3)

Despite clauses 4.1 and 4.1AA, development consent may be granted under this clause for an averaging subdivision of land to which this clause applies if the size of any lot resulting from that subdivision will not be less than the minimum size shown on the Lot Averaging Map in relation to that land.

(4)

Before development consent may be granted for an averaging subdivision of land in Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots, the consent authority must be satisfied of all of the following—

  • (a)

    that at least 20% of the original lot for the land being subdivided is occupied by an endangered ecological community or is a regionally significant wetland,

  • (b)

    that there will be a better environmental outcome from an averaging subdivision than there would be without such a subdivision and that the long-term survival of the endangered ecological community or regionally significant wetland will be enhanced,

  • (c)

    that any endangered ecological community will be contained in, and managed on, neighbourhood property under the Community Land Development Act 1989,

  • (d)

    that any regionally significant wetland will be contained in, and managed on, neighbourhood property under the Community Land Development Act 1989 or on a lot designed for large scale agriculture,

  • (e)

    that the lots to be created for dwelling houses do not contain an endangered ecological community or, unless they are lots designed for large-scale agriculture, a regionally significant wetland.

(5)

In this clause—

averaging subdivision means the subdivision of land to which this clause applies that will not create more lots than the number resulting from—

  • (a)

    if the land is in Zone RU1 Primary Production or Zone RU4 Primary Production Small Lots—dividing the area (in hectares) of the original lot for the land being subdivided by the minimum lot size (in hectares) shown on the Lot Size Map in relation to that land, or

  • (b)

    if the land is in Zone R5 Large Lot Residential—multiplying the area of the original lot (in hectares) for the land being subdivided by the density control number shown on the Lot Averaging Map in relation to that land.

endangered ecological community means any endangered ecological community referred to in Part 3 of Schedule 1 to the Threatened Species Conservation Act 1995.

lot does not include a lot created for a public purpose or a lot created as neighbourhood property under the Community Land Development Act 1989.

original lot for land being subdivided means a lot that includes the land being subdivided—

  • (a)

    that existed on 24 March 2005 (the day lot averaging provisions commenced under Hawkesbury Local Environmental Plan 1989), and

  • (b)

    that is in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone R5 Large Lot Residential, and

  • (c)

    for which a minimum lot size is shown on the Lot Averaging Map.

regionally significant wetland means land identified as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area Map, within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.

cl 4.1C: Am 2022 (629), Sch 3.3[1].

4.1DExceptions to minimum subdivision lot size for certain land(1)

Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for the subdivision of land that is identified as “Area A” and edged heavy blue on the Lot Size Map if—

  • (a)

    arrangements satisfactory to the consent authority have not been made before the application is determined to ensure that each lot created by the subdivision will be serviced by a reticulated sewerage system from the date it is created, and

  • (b)

    the area of any lot created by the subdivision that contains or is to contain a dwelling house is less than 4,000 square metres, excluding the area of an access handle.

(2)

Despite subclause (1) and subject to subclause (3), development consent may be granted for the subdivision of land in the following zones into separate lots for the purpose of dual occupancies, multi dwelling housing, residential flat buildings or shop top housing, if the development for that purpose has been approved—

  • (a)

    Zone R1 General Residential,

  • (b)

    Zone R2 Low Density Residential,

  • (c)

    Zone R3 Medium Density Residential.

(3)

Subclause (2)(b) does not apply to land in Glossodia.

cl 4.1D: Am 2014 (264), cl 4; 2020 (784), Sch 1[5] [6].

4.1ESubdivision in Grose Wold and Grose Vale(1)

The objective of this clause is to ensure the protection of threatened species, threatened ecological communities and land in an environmental constraint area.

(2)

This clause applies to land in the area known as “Grose Wold” and “Grose Vale”, being the land identified as “Area B” and edged heavy yellow on the Lot Size Map.

(3)

Development consent must not be granted for a subdivision of the land unless the number of lots resulting from the subdivision plus the number of lots resulting from a subdivision on or after 2 June 2000 of the whole or part of the original lot for the land to be subdivided will not exceed the area of the original lot, in hectares, divided by 4.

(4)

In addition, development consent must not be granted for the subdivision unless—

  • (a)

    in considering a development application to which this clause relates, the consent authority has had regard to the effect the development is likely to have on the following—

    • (i)

      the water quality and water quantity in the Grose River and its tributaries,

    • (ii)

      the scenic quality of the area,

    • (iii)

      existing riparian vegetation and the rehabilitation of local native riparian vegetation located along the Grose River and along drainage lines and creeks, and

  • (b)

    the consent authority is satisfied of the following—

    • (i)

      the pattern of lots to be created by the subdivision and the location of buildings on the lots will minimise the impact on threatened species and threatened ecological communities, waterways and groundwater, and land in an environmental constraint area,

    • (ii)

      a geotechnical assessment has been undertaken demonstrating the land is adequate for the on-site disposal of effluent in accordance with best practice,

    • (iii)

      land containing threatened species or threatened ecological communities and land in an environmental constraint area is retained in one lot as much as possible,

    • (iv)

      there will be no significant adverse impacts on threatened species or threatened ecological communities or land in an environmental constraint area located downstream or surrounding the development.

(5)

Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for a subdivision of the land that contains an environmental constraint area unless—

  • (a)

    the size of each lot resulting from the subdivision will be at least 1 hectare, and

  • (b)

    each lot resulting from the subdivision will contain at least one hectare of land that is not in an environmental constraint area.

(6)

In this clause—

environmental constraint area means land identified as “Environmental Constraint Area” on the Environmental Constraints Area Map.

original lot for land being subdivided means a lot that existed immediately before 2 June 2000 that included the land.

threatened ecological community and threatened species have the same meanings as in the Biodiversity Conservation Act 2016.

cl 4.1E: Subst 2020 (784), Sch 1[7].

4.1FExceptions to minimum subdivision lot size for certain land in North Richmond

Despite clauses 4.1, 4.1AA and 4.1A, development consent must not be granted for the subdivision of land in North Richmond that is identified as “Area C” and edged heavy red on the Lot Size Map if any lot that would result from the subdivision would be a battle-axe-lot (or a lot with an access handle) with an area of less than 700 square metres, excluding the area of an access handle.

cl 4.1F: Am 2020 (784), Sch 1[8].

4.1GRestriction on the number of lots created by subdivision of certain land(1)

This clause applies to land identified as “Restricted Lot Yield” on the Restricted Lot Yield Map.

(2)

The total number of lots that may be created by the subdivision of land to which this clause applies must not exceed the number shown on the Restricted Lot Yield Map in relation to that land.

(3)

In this clause—

lot does not include a lot created for a public purpose or a lot created as neighbourhood property under the Community Land Development Act 1989.

cl 4.1G: Ins 2015 (8), Sch 1 [1].

4.1HBoundary changes between lots in certain rural, residential and conservation zones(1)

The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone R5 Large Lot Residential,

  • (e)

    Zone C3 Environmental Management,

  • (f)

    Zone C4 Environmental Living.

(3)

Despite clause 4.1(3), development consent may be granted to the subdivision of 2 or more adjoining lots, being land to which this clause applies, if the subdivision will not result in the following—

  • (a)

    an increase in the number of lots,

  • (b)

    an increase in the number of dwellings on, or dwellings that may be erected on, the lots.

(4)

Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—

  • (a)

    the existing uses and approved uses of other land in the vicinity of the subdivision,

  • (b)

    whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,

  • (c)

    whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),

  • (d)

    whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,

  • (e)

    any measures proposed by the applicant to avoid or minimise an incompatibility referred to in paragraph (c) or (d),

  • (f)

    whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,

  • (g)

    whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.

(5)

This clause does not apply—

  • (a)

    in relation to the subdivision of individual lots in a strata plan or a community title scheme, or

  • (b)

    if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.

cl 4.1H: Ins 2020 (784), Sch 1[9]. Am 2022 (832), Sch 1.10[3] [4] and [6].

4.2Rural subdivision(1)

The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)

This clause applies to the following rural zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (baa)

    Zone RU3 Forestry,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU6 Transition.

Note.

When this Plan was made it did not include Zone RU6 Transition.

(3)

Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)

A dwelling cannot be erected on such a lot.

Note.

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2AResidential development and subdivision prohibited on certain land(1)

The objectives of this clause are as follows—

  • (a)

    to prohibit residential development on a lot resulting from the closure of a road,

  • (b)

    to prohibit the erection of dwelling houses on certain land that is flood planning land or was subdivided for agricultural purposes.

(2)

This clause applies to land in the following zones—

  • (a)

    Zone RU1 Primary Production,

  • (b)

    Zone RU2 Rural Landscape,

  • (c)

    Zone RU4 Primary Production Small Lots,

  • (d)

    Zone RU5 Village,

  • (e)

    Zone R5 Large Lot Residential,

  • (f)

    Zone C3 Environmental Management,

  • (g)

    Zone C4 Environmental Living.

(3)

Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, irrespective of when that closure occurred.

(4)

Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from a road closure with an adjoining lot that did not result from a road closure.

(5)

Development consent must not be granted for the erection of a dwelling house on a lot—

  • (a)

    below the level of a 1:100 ARI (average recurrent interval) flood event, and

  • (b)

    resulting from a subdivision for the purpose of agriculture for which development consent was granted before 27 June 2003.

cl 4.2A: Am 2022 (832), Sch 1.10[3] [4].

4.2BAdditional requirements for subdivisions in certain flood planning areas(1)

This clause applies to the subdivision of land—

  • (a)

    under clause 4.1, 4.1AA, 4.1A, 4.1C, 4.1E, 4.1G or 4.2, and

  • (b)

    that creates a lot other than for use for a public purpose, and

  • (c)

    in the following zones—

    • (i)

      Zone RU1 Primary Production,

    • (ii)

      Zone RU2 Rural Landscape,

    • (iii)

      Zone RU4 Primary Production Small Lots,

    • (iv)

      Zone R5 Large Lot Residential,

    • (v)

      Zone C4 Environmental Living.

(2)

Development consent must not be granted for a subdivision to which this clause applies unless the consent authority is satisfied that there is an area of land on the lot that is above flood planning level and is sufficient for the erection of a dwelling house.

(3)

For the purposes of subclause (2), an area of land is above flood planning level if the land is above the level of a 1:100 ARI (average recurrent interval) flood event (whether the level is a natural surface level or a level achieved by filling carried out with a previous development consent).

cl 4.2B: Am 2015 (8), Sch 1 [2]; 2022 (832), Sch 1.10[4].

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to protect privacy and the use of private open space in new development and on adjoining land,

  • (b)

    to ensure that the bulk of development is not excessive and relates well to the local context,

  • (c)

    to nominate heights that will provide a transition in built form and land use intensity,

  • (d)

    to ensure an appropriate height transition between new buildings and heritage items.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

4.4Floor space ratio

[Not adopted]

4.5Calculation of floor space ratio and site area

[Not adopted]

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note.

When this Plan was made it did not include Zone RU3 Forestry or Zone RU6 Transition.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

  • (c)

    clause 5.4,

  • (caa)

    clause 5.5,

  • (ca)

    clause 5.13B.

(8A)

This clause does not allow development consent to be granted for development that would contravene a development standard under clause 4.1, 4.1AA, 4.1A, 4.1C, 4.1D, 4.1E or 4.1G that applies to any of the following—

  • (a)

    land in Zone RU5 Village,

  • (b)

    land in Zone R2 Low Density Residential at Glossodia,

  • (c)

    land identified as “Exceptions to Development Standards Area” on the Exceptions to Development Standards Map,

  • (d)

    land identified as “Density Control” on the Pitt Town Subdivision and Designated State Public Infrastructure Map,

  • (e)

    land identified as “Restricted Lot Yield” on the Restricted Lot Yield Map.

cl 4.6: Am 2014 (211), Sch 1 [1]; 2015 (8), Sch 1 [3] [4]; 2023 (554), Sch 2.12[1].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note.

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note.

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note.

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

    that is capable of being filled with water to a depth of 300 millimetres or more, and

  • (b)

    that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note.

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note.

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

    any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

  • (c)

    any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

Terrestrial Biodiversity Map means the Hawkesbury Local Environmental Plan 2012 Terrestrial Biodiversity Map.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note.

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note.

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

  • (a)

    mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

  • (b)

    shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

Urban Release Area Map means the Hawkesbury Local Environmental Plan 2012 Urban Release Area Map.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note.

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

  • (a)

    natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

  • (b)

    artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

Wetlands Map means the Hawkesbury Local Environmental Plan 2012 Wetlands Map.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

  • (a)

    facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

  • (b)

    facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

  • (c)

    wharves for commercial fishing operations,

  • (d)

    refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

  • (e)

    sea walls or training walls,

  • (f)

    administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2014 (211), Sch 1 [3]; 2015 (8), Sch 1 [5]; 2020 (784), Sch 1[16]; 2021 (787), Sch 1[3]; 2021 (799), cl 5(2); 2023 (554), Sch 2.12[5].

Maps: Am 2013 (521), cl 4; 2014 (35), cl 4; 2014 (211), cl 4; 2014 (445), cl 4; 2014 (821), cl 4; 2015 (8), cl 4; 2015 (635), cl 4; 2016 (758), cl 4; 2017 (14), cl 4; 2017 (251), cl 4; 2017 (252), cl 4; 2017 (253), cl 4; 2017 (279), cl 4; 2017 (280), cl 4; 2017 (425), cl 4; 2018 (251), cl 4; 2018 (252), cl 4; 2019 (138), cl 3; 2020 (103), cl 4; 2020 (132), cl 4; 2020 (173), cl 4; 2020 (292), cl 4; 2020 (396), cl 4; 2020 (706), cl 4; 2020 (784), cl 4; 2021 (167), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Hawkesbury Local Environmental Plan 2012 (470). LW 21.9.2012. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2012

No 95

Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012.

Date of commencement of Sch 2, 4.1.2013, sec 2 (1).

No 96

Forestry Act 2012. Assented to 21.11.2012.

Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.

2013

No 5

Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013.

Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.

(521)

Hawkesbury Local Environmental Plan 2012 (Amendment No 2). LW 6.9.2013.

Date of commencement, on publication on LW, cl 2.

No 111

Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.

Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.

2014

(35)

Hawkesbury Local Environmental Plan 2012 (Amendment No 1). LW 7.2.2014.

Date of commencement, on publication on LW, cl 2.

(36)

Hawkesbury Local Environmental Plan 2012 (Amendment No 3). LW 7.2.2014.

Date of commencement, on publication on LW, cl 2.

(211)

Hawkesbury Local Environmental Plan 2012 (Amendment No 6). LW 11.4.2014.

Date of commencement, on publication on LW, cl 2.

(264)

Hawkesbury Local Environmental Plan 2012 (Amendment No 9). LW 16.5.2014.

Date of commencement, on publication on LW, cl 2.

No 33

Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014.

Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.

(445)

Hawkesbury Local Environmental Plan 2012 (Amendment No 7). LW 11.7.2014.

Date of commencement, on publication on LW, cl 2.

(513)

Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014.

Date of commencement, on publication on LW, cl 2.

(821)

Hawkesbury Local Environmental Plan 2012 (Amendment No 5). LW 19.12.2014.

Date of commencement, on publication on LW, cl 2.

2015

(8)

Hawkesbury Local Environmental Plan 2012 (Amendment No 4). LW 16.1.2015.

Date of commencement, on publication on LW, cl 2.

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 3, 15.7.2015, sec 2 (3).

(635)

Hawkesbury Local Environmental Plan 2012 (Amendment No 10). LW 16.10.2015.

Date of commencement, on publication on LW, cl 2.

2016

(43)

Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.

Date of commencement, 27.1.2016, cl 2.

(126)

Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.

Date of commencement, on publication on LW, cl 2.

(309)

Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

(758)

Hawkesbury Local Environmental Plan 2012 (Amendment No 12). LW 9.12.2016.

Date of commencement, on publication on LW, cl 2.

2017

(14)

Hawkesbury Local Environmental Plan 2012 (Amendment No 8). LW 27.1.2017.

Date of commencement, on publication on LW, cl 2.

(169)

Hawkesbury Local Environmental Plan 2012 (Amendment No 17). LW 5.5.2017.

Date of commencement, on publication on LW, cl 2.

(251)

Hawkesbury Local Environmental Plan 2012 (Amendment No 11). LW 9.6.2017.

Date of commencement, on publication on LW, cl 2.

(252)

Hawkesbury Local Environmental Plan 2012 (Amendment No 13). LW 9.6.2017.

Date of commencement, on publication on LW, cl 2.

(253)

Hawkesbury Local Environmental Plan 2012 (Amendment No 18). LW 9.6.2017.

Date of commencement, on publication on LW, cl 2.

(279)

Hawkesbury Local Environmental Plan 2012 (Amendment No 14). LW 23.6.2017.

Date of commencement, on publication on LW, cl 2.

(280)

Hawkesbury Local Environmental Plan 2012 (Amendment No 15). LW 23.6.2017.

Date of commencement, on publication on LW, cl 2.

(425)

Hawkesbury Local Environmental Plan 2012 (Amendment No 19). LW 18.8.2017.

Date of commencement, on publication on LW, cl 2.

(453)

Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017.

Date of commencement, 25.8.2017, cl 2.

(492)

Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

Date of commencement, on publication on LW, cl 2.

(251)

Hawkesbury Local Environmental Plan 2012 (Amendment No 16). LW 8.6.2018.

Date of commencement, on publication on LW, cl 2.

(252)

Hawkesbury Local Environmental Plan 2012 (Amendment No 20). LW 8.6.2018.

Date of commencement, on publication on LW, cl 2.

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.

(404)

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(405)

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(406)

State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018

Date of commencement, on publication on LW, cl 2.

(477)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018.

Date of commencement, 31.8.2018, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).

No 46

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018.

Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.

(717)

Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018.

Date of commencement, 10.12.2018, cl 2.

2019

(133)

Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(137)

State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(138)

State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Miscellaneous) 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Schs 1, 3 and 5, 15.1.2020, cl 2(1).

2020

(103)

Hawkesbury Local Environmental Plan 2012 (Amendment No 23). LW 20.3.2020.

Date of commencement, on publication on LW, cl 2.

(132)

Hawkesbury Local Environmental Plan 2012 (Amendment No 21). LW 3.4.2020.

Date of commencement, on publication on LW, cl 2.

(155)

Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020.

Date of commencement, on publication on LW, cl 2.

(173)

Hawkesbury Local Environmental Plan 2012 (Amendment No 22). LW 24.4.2020.

Date of commencement, on publication on LW, cl 2.

(292)

Hawkesbury Local Environmental Plan 2012 (Amendment No 24). LW 19.6.2020.

Date of commencement, on publication on LW, cl 2.

(396)

Hawkesbury Local Environmental Plan 2012 (Amendment No 25). LW 10.7.2020.

Date of commencement, on publication on LW, cl 2.

(630)

State Environmental Planning Policy Amendment (Tutti Fruitti Cafe) 2020. LW 22.10.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

(636)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

No 40

Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020.

Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.

(706)

Hawkesbury Local Environmental Plan 2012 (Amendment No 26). LW 4.12.2020.

Date of commencement, on publication on LW, cl 2.

(762)

Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020.

Date of commencement, 1.2.2021, cl 2.

(784)

Hawkesbury Local Environmental Plan 2012 (Amendment No 27). LW 23.12.2020.

Date of commencement, on publication on LW, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

(167)

Hawkesbury Local Environmental Plan 2012 (Amendment No 28). LW 1.4.2021.

Date of commencement, on publication on LW, cl 2.

(225)

State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(226)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(301)

Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(573)

Hawkesbury Local Environmental Plan 2012 (Amendment No 29). LW 30.9.2021.

Date of commencement, on publication on LW, cl 2.

(650)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021.

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.

(711)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021.

Date of commencement, on publication on LW, cl 2.

(714)

State Environmental Planning Policy (Housing) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

(787)

Hawkesbury Local Environmental Plan 2012 (Amendment No 30). LW 17.12.2021.

Date of commencement, on publication on LW, cl 2.

(799)

Hawkesbury Local Environmental Plan 2012 (Amendment No 31). LW 22.12.2021.

Date of commencement, 30.6.2022, cl 2.

2022

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, cl 2.

(314)

State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022.

Date of commencement, 30.6.2022, sec 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(628)

Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, cl 2.

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

(832)

State Environmental Planning Policy Amendment (Land Use Zones) 2022. LW 16.12.2022.

Date of commencement, 26.4.2023, sec 2.

(2023)

(404)

Hawkesbury Local Environmental Plan 2012 (Amendment No 32). LW 21.7.2023.

Date of commencement, on publication on LW, cl 2.

(458)

State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023.

Date of commencement, on publication on LW, sec 2.

(522)

Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, cl 2.

(554)

State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

(608)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023.

Date of commencement, on publication on LW, cl 2.

2024

(42)

State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024.

Date of commencement, on publication on LW, sec 2.

(61)

Hawkesbury Local Environmental Plan 2012 (Amendment No 34). LW 8.3.2024.

Date of commencement, on publication on LW, sec 2.

(464)

Hawkesbury Local Environmental Plan 2012 (Amendment No 36). LW 6.9.2024.

Date of commencement, on publication on LW, sec 2.

(549)

Hawkesbury Local Environmental Plan 2012 (Amendment No 37). LW 1.11.2024.

Date of commencement, on publication on LW, sec 2.

2025

(511)

Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025.

Date of commencement, on publication on LW, cl 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.8A

Am 2019 (621), Sch 5[1].

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.1

Am 2022 (832), Sch 1.10[1].

Land Use Table

Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (784), Sch 1[1]–[4]; 2021 (714), Sch 10.9; 2022 (314), Sch 1; 2022 (832), Sch 1.10[2]; 2023 (458), Sch 2.40[1].

Cl 4.1AA

Am 2022 (832), Sch 1.10[3] [4].

Cl 4.1A

Am 2022 (832), Sch 1.10[3]–[5].

Cl 4.1B

Am 2022 (832), Sch 1.10[3]–[5].

Cl 4.1C

Am 2022 (629), Sch 3.3[1].

Cl 4.1D

Am 2014 (264), cl 4; 2020 (784), Sch 1[5] [6].

Cl 4.1E

Subst 2020 (784), Sch 1[7].

Cl 4.1F

Am 2020 (784), Sch 1[8].

Cl 4.1G

Ins 2015 (8), Sch 1 [1].

Cl 4.1H

Ins 2020 (784), Sch 1[9]. Am 2022 (832), Sch 1.10[3] [4] and [6].

Cl 4.2A

Am 2022 (832), Sch 1.10[3] [4].

Cl 4.2B

Am 2015 (8), Sch 1 [2]; 2022 (832), Sch 1.10[4].

Cl 4.6

Am 2014 (211), Sch 1 [1]; 2015 (8), Sch 1 [3] [4]; 2023 (554), Sch 2.12[1].

Cl 5.4

Am 2018 (406), Sch 1.63 [1] [2].

Part 5A

Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].

Cl 5.13A

Ins 2014 (211), Sch 1 [2]. Am 2019 (621), Sch 1.5[1]. Rep 2023 (554), Sch 2.12[2].

Cl 5.13B

Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].

Cl 5.13C

Ins 2014 (211), Sch 1 [2]. Rep 2023 (554), Sch 2.12[2].

Cl 5.23

Ins 2022 (629), Sch 3.3[2].

Cl 5.24

Subst 2023 (458), Sch 2.40[2].

Cl 5.25

Subst 2023 (458), Sch 2.40[2].

Cl 6.3

Rep 2021 (225), Sch 1.

Cl 6.8

Am 2019 (621), Sch 1.5[2]. Rep 2023 (554), Sch 2.12[3].

Cl 6.10

Am 2020 (784), Sch 1[10].

Cl 6.11

Am 2020 (784), Sch 1[11].

Cl 6.12

Ins 2017 (169), Sch 1.

Cl 6.13

Ins 2020 (132), cl 5.

Cl 6.14

Ins 2020 (630), Sch 1.

Cl 6.15

Ins 2021 (799), cl 5(1).

Cl 6.16

Ins 2023 (554), Sch 2.12[4].

Cl 6.17

Ins 2024 (61), Sch 1.

Sch 1

Am 2014 (36), Sch 1; 2020 (784), Sch 1[12]; 2021 (573), Sch 1; 2022 (832), Sch 1.10[7]; 2024 (549), Sch 1.

Sch 2

Am 2020 (784), Sch 1[13]; 2022 (832), Sch 1.10[8]–[15]; 2024 (42), Sch 1.22.

Sch 3

Am 2022 (629), Sch 3.3[3]; 2022 (832), Sch 1.10[16]–[18].

Sch 4

Am 2020 (784), Sch 1[14]; 2021 (787), Sch 1[1] [2]; 2024 (464), Sch 1.

Sch 5

Am 2012 No 95, Sch 2.14; 2020 (173), cl 5; 2020 (784), Sch 1[15]; 2021 (167), cl 5; 2022 (629), Sch 3.3[4]; 2023 (404), cl 5.

Dictionary

Am 2014 (211), Sch 1 [3]; 2015 (8), Sch 1 [5]; 2020 (784), Sch 1[16]; 2021 (787), Sch 1[3]; 2021 (799), cl 5(2); 2023 (554), Sch 2.12[5].

Maps

Am 2013 (521), cl 4; 2014 (35), cl 4; 2014 (211), cl 4; 2014 (445), cl 4; 2014 (821), cl 4; 2015 (8), cl 4; 2015 (635), cl 4; 2016 (758), cl 4; 2017 (14), cl 4; 2017 (251), cl 4; 2017 (252), cl 4; 2017 (253), cl 4; 2017 (279), cl 4; 2017 (280), cl 4; 2017 (425), cl 4; 2018 (251), cl 4; 2018 (252), cl 4; 2019 (138), cl 3; 2020 (103), cl 4; 2020 (132), cl 4; 2020 (173), cl 4; 2020 (292), cl 4; 2020 (396), cl 4; 2020 (706), cl 4; 2020 (784), cl 4; 2021 (167), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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