Lismore Local Environmental Plan 2000 (Amendment No 4) (2001-94) [GG No 39 of 16.2.2001, p 718] (NSW)

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2001 No 94

Lismore Local Environmental Plan

New South Wales

2000 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G00/00003/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Urban Affairs and Planning

Sydney, 8 February 2001.

Published in Gazette No 39 of 16 February 2001, page 718

Page 1

[8]

2001 No 94

Clause 1

Lismore Local Environmental Plan 2000 (Amendment No 4)

Lismore Local Environmental Plan 2000

(Amendment No 4)

1     What is this plan called?

This plan is Lismore Local Environmental Plan 2000 (Amendment

No 4).

2     What are the aims of this plan?

(1) This plan aims:

(a)

to rezone part of the land to which this plan applies from Zone No 6 (a) (the Recreation Zone) to Zone No 6 (b) (the Private Recreation Zone) under Lismore Local Environmental Plan 2000, and

(b)

to reclassify the land referred to in paragraph (a) and the remainder of the land to which this plan applies from community to operational land within the meaning of the Local Government Act 1993.

(2)

This plan incidentally makes further provision for the classification or reclassification of public land as operational land as a consequence of major changes to the statutory scheme in section 30 (Reclassification of community land as operational) of the Local Government Act 1993.

3     Where does this plan apply?

This plan applies:

(a)

to the extent that it rezones and reclassifies certain land, to Lot 22, DP 701863 (45 Wilson Street, South Lismore), as shown edged heavy black on Sheet 5 of the map marked “Lismore Local Environmental Plan 2000 (Amendment No 4)” deposited in the office of the Lismore City Council, and

(b)

to the extent that it reclassifies other land, to Lot 1, DP 6361233 (50 Dawson Street, Lismore), Lot 34, DP 219592 (22 Ballina Road, Goonellabah), Lot 23, DP 829442 (15 Westview Drive, Goonellabah) and Lot 29, DP 262148 (3 Barr Scott Drive, Lismore Heights), as shown edged heavy black on Sheets 1–4, respectively, of that map.

2001 No 94

Lismore Local Environmental Plan 2000 (Amendment No 4)

Clause 4

4     How does this plan affect other environmental planning instruments?

Lismore Local Environmental Plan 2000 is amended as set out in

Schedule 1.

2001 No 94

Lismore Local Environmental Plan 2000 (Amendment No 4)

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 4)

[1]     Clauses 74 and 74A

Omit clause 74. Insert instead:

74     Classification and reclassification of public land as operational land

(1) Land described in Part 1 of Schedule 6 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(2)

Land described in Part 2 of Schedule 6:

(a)

to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)

continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(3)

Land described in Columns 1 and 2 of Part 3 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 3 of Schedule 6.

(4)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means the local environmental plan cited at the end of the description of the land.

(5)

Before the relevant amending plan inserted the description of land into Part 3 of Schedule 6, the Governor approved of subclause (3) applying to the land.

2001 No 94

Lismore Local Environmental Plan 2000 (Amendment No 4)

Amendments

Schedule 1

74A

Classification and reclassification of public land as community

land

The public land described in Schedule 6A is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

[2]     Schedule 6 Classification and reclassification of public land

Insert “as operational land” after “public land” in the heading to the

Schedule.

[3]     Schedule 6, Part 1

Omit the heading to Part 1 of the Schedule. Insert instead:

Part 1 Land classified, or reclassified, before the application of amendments made to s 30 of LGA 1993

[4]     Schedule 6, Parts 2 and 3

Insert at the end of Part 1 of the Schedule the following Parts:

Part 2 Interests not changed

2001 No 94

Lismore Local Environmental Plan 2000 (Amendment No 4)

Schedule 1

Amendments

Part 3 Interests changed

Column 1

Column 2

Column 3

Locality

Description

Trusts etc not

discharged

Goonellabah

22 Ballina Road

Lot 34, DP 219592, as shown edged

Nil.

heavy black on Sheet 2 of the map

marked “Lismore Local

Environmental Plan 2000

(Amendment No 4)”—Lismore Local

Environmental Plan 2000

(Amendment No 4).

15 Westview Drive

Lot 23, DP 829442, as shown edged

Easements noted

heavy black on Sheet 3 of the map

on Certificate of

marked “Lismore Local

Title Folio

Environmental Plan 2000

Identifier

(Amendment No 4)”—Lismore Local

23/829442.

Environmental Plan 2000

(Amendment No 4).

Lismore

50 Dawson Street

Lot 1, DP 636233, as shown edged

Easements and

heavy black on Sheet 1 of the map

lease noted on

marked “Lismore Local

Certificate of

Environmental Plan 2000

Title Folio

(Amendment No 4)”—Lismore Local

Identifier

Environmental Plan 2000

1/636233.

(Amendment No 4).

Lismore Heights

3 Barr Scott Drive

Lot 29, DP 262148, as shown edged

Nil.

heavy black on Sheet 4 of the map

marked “Lismore Local

Environmental Plan 2000

(Amendment No 4)”—Lismore Local

Environmental Plan 2000

(Amendment No 4).

2001 No 94

Lismore Local Environmental Plan 2000 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Column 3

Locality

Description

Trusts etc not

discharged

South Lismore

45 Wilson Street

Lot 22, DP 701863, as shown edged

Nil.

heavy black on Sheet 5 of the map

marked “Lismore Local

Environmental Plan 2000

(Amendment No 4)”—Lismore Local

Environmental Plan 2000

(Amendment No 4).

[5]     Schedule 6

Omit from the Schedule the following heading:

Part 2 Classification and reclassification of public

land as community land

Insert instead:

Schedule 6A Classification and reclassification of

public land as community land

(Clause 74A)

[6]     Schedule 7 Definitions

Omit “(1) In this plan”. Insert instead “In this plan”.

[7]     Schedule 7, definition of “the map”

Insert in appropriate order at the end of the definition:

Lismore Local Environmental Plan 2000 (Amendment No 4)—Sheet 5.

BY AUTHORITY

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