Junee Local Environmental Plan 1992 (Amendment No 3) (2006-117) [GG No 35 of 17.3.2006, p 1439] (NSW)

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2006 No 117

New South Wales

Junee Local Environmental Plan 1992

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (Q01/00030/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 35 of 17 March 2006, page 1439

Page 1

2006 No 117

Clause 1

Junee Local Environmental Plan 1992 (Amendment No 3)

Junee Local Environmental Plan 1992 (Amendment

No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Junee Local Environmental Plan 1992 (Amendment No 3).

2      Aims of plan

This plan aims to amend Junee Local Environmental Plan 1992:

(a)

to rezone part of the land to which this plan applies to Zone No 1 (c) (the Rural Small Holdings Zone), and

(b)

to provide that development for the purposes of dog breeding and dog keeping and intensive livestock keeping establishments is prohibited on land within Zone No 1 (c), and

(c)

to provide that development for the purposes of agriculture:

(i)

is permissible without development consent on land within Zone No 1 (a) (the General Rural Zone) or Zone No 1 (c), and

(ii)

is prohibited on land within Zone No 2 (v) (the Village or Urban Zone), and

(d)

to provide that development for the purposes of intensive horticulture:

(i)

is permissible with development consent on land within Zone No 1 (a) or 1 (c), and

(ii)

is prohibited on land within Zone No 2 (v).

3      Land to which plan applies

(1)

In respect of the aim set out in clause 2 (a), this plan applies to Lots 1–22 and part of Lot 23, DP 1035451 and Loughan Road and part of Gwynne Place, Junee, as shown edged heavy black and lettered “1 (c)” on the map marked “Junee Local Environmental Plan 1992 (Amendment No 3)” deposited in the office of the Junee Shire Council.

(2)

In respect of the aim set out in clause 2 (b), this plan applies to all land

within the Rural Small Holdings Zone under the 1992 plan.

2006 No 117

Junee Local Environmental Plan 1992 (Amendment No 3)

Clause 4

(3)

In respect of the aims set out in clause 2 (c) and (d), this plan applies to

all land under the 1992 plan.

4 Amendment of Junee Local Environmental Plan 1992

Junee Local Environmental Plan 1992 is amended as set out in

Schedule 1.

2006 No 117

Junee Local Environmental Plan 1992 (Amendment No 3)

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 4)

[1]      Clause 6 Definitions

Insert in alphabetical order in clause 6 (1):

agriculture means the use of land for the following, when carried

out for commercial purposes:

(a)

the production of crops or fodder,

(b)

horticulture, including fruit, vegetable and flower crop production, or operation of whole plant nurseries,

(c)

the grazing of livestock,

(d)

the keeping and breeding of cattle, sheep, goats, poultry or other livestock,

but does not include the use of land for an animal boarding or training establishment, intensive horticulture or an intensive livestock keeping establishment.

intensive horticulture means the use of land to grow a commercial crop of plants, trees or fungi, whether under cover or in the open, using any of the following:

(a)

hydroponics,

(b)

sprinkler systems,

(c)

artificial housing,

(d)

crop protection structures,

(e)

market gardening,

(f)

orcharding,

(g)

the growing of field flowers,

but does not include the growing of produce solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land on which it is grown.

[2]      Clause 6 (1), definition of “map”

Insert in appropriate order:

Junee Local Environmental Plan 1992 (Amendment No 3)

[3]      Clause 7 Adoption of Model Provisions

Insert “agriculture,” after “definitions of” in clause 7 (a).

2006 No 117

Junee Local Environmental Plan 1992 (Amendment No 3)

Amendments

Schedule 1

[4]      Clause 10 Zone objectives and development control table

Omit “and intensive livestock keeping establishments” wherever occurring in item 2 (Without development consent) of the matter relating to Zone Nos 1 (a) and 1 (c) in the Table to the clause.

[5]      Clause 10, Table

Insert “dog breeding and dog keeping;” and “intensive livestock keeping establishments;” in alphabetical order in item 4 (Prohibited) of the matter relating to Zone No 1 (c).

[6]      Clause 10, Table

Omit “Extractive industries;” from item 4 of the matter relating to Zone No 2

(v).

Insert instead “Agriculture; extractive industries; intensive horticulture;”.

BY AUTHORITY

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