Lord Howe Island Regional Environmental Plan 1986 (Amendment No 3) (1994-649) [GG No 170 of 16.12.1994] (NSW)
1994 —No. 649
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979—
LORD HOWE ISLAND REGIONAL ENVIRONMENTAL
PLAN 1986 (AMENDMENT No. 3)
NEW SOUTH WALES
| [Published in Gazette No. 170 of 16 December 1994] |
I, the Minister for Planning, in pursuance of section 51 of the Environmental Planning and Assessment Act 1979, make the regional environmental plan set out hereunder.
ROBERT WEBSTER MLC
Minister for Planning
Sydney, 14 December, 1994
Citation
1. This plan may be cited as Lord Howe Island Regional
Environmental Plan 1986 (Amendment No. 3).
Aims, objectives etc.
2. This plan aims:
| (a) | to promote management of the environment of Lord Howe Island in accordance with its World Heritage listing by modifying the environmental planning controls that apply to the Island; and |
| (b) | in modifying those controls, to place greater emphasis on conservation of the natural (in distinction to the built) environment. |
Land to which this plan applies
3. This plan applies:
| (a) | to the land to which Lord Howe Island Regional Environmental Plan 1986 applies; and |
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| (b) | to land shown uncoloured, edged heavy black and marked “Deferred” on the map marked “Lord Howe Island Regional Environmental Plan 1986” deposited in the office of the Lord Howe Island Board. |
Relationship to other environmental planning instruments
4. This plan amends Lord Howe Island Regional Environmental Plan
1986 in the manner set out in clause 5.
Amendment of Lord Howe Island Regional Environmental Plan 1986
5. Lord Howe Island Regional Environmental Plan 1986 is amended:
| (a) | by omitting clause 2 (a)–(c) and by inserting instead the following paragraphs: |
| (a) | to conserve the World Heritage values of Lord Howe Island and to restore or enhance lost or disturbed natural resources of the Island; |
| (b) | to ensure that appropriate planning controls are |
implemented which encourage the proper management, development and conservation of the Island’s World Heritage natural environment and the Island lifestyle;
| (c) | to ensure that the future development of tourism on the Island does not adversely affect the lifestyle of the residents of the Island or the World Heritage environmental qualities of the Island; |
| (b) | by omitting clause 2 (f) and by inserting instead the following paragraph: |
| (f) to | encourage | community | awareness, | acceptance, |
understanding and appreciation of the concept of World Heritage values of the Island and to promote wise use of resources;
| (c) | by omitting clause 2 (h)–(j) and by inserting instead the following | |
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| (h) | to encourage effective agricultural production and cultivation on the limited suitable land and to ensure that such activities are not in conflict with the protection of the environment ; |
(i) to sustain the economic well-being of the Island community through the maintenance and creation of employment and income opportunities; and
| (j) | to make provision for adequate land for the provision of housing and community services for the Island population. |
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| (d) | by omitting from clause 3 (1) the words “Except as provided by subclause (2), this” and by inserting instead the word “This”; |
(e) by omitting clause 3 (2);
| (f) | by inserting in the definition of “agriculture” in clause 5 (1) after the word “floriculture” the word “, hydroponics”; |
| (g) | by omitting from the definition of “commercial premises” in clause 5 (1) the words “refreshment room” and by inserting instead the word “restaurant”; |
| (h) | by inserting in clause 5 (1) in alphabetical order the following definitions : |
“heritage item” means a building, work, relic, tree or place
described in Schedule 2;
“heritage significance” means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance;
“multiple dwellings” means two or more dwellings (whether
or not attached) on one Portion, each with private open space
at ground level, but does not include a tourist establishment;
“Portion” means a Portion of Lord Howe Island shown on the
map;
“potential archaeological site” means a site known to the
Board to have archaeological potential;
(i) by omitting the definition of “item of the environmental heritage” from clause 5 (1);
| (j) | by omitting the definition of “relic” from clause 5 (1) and by inserting instead the following definition: |
“relic” means any deposit, object or material evidence, relating to the use or settlement of Lord Howe Island, which is more than 50 years old;
| (k) | by omitting the definition of “the map” from clause 5 (1) and by inserting instead the following definition: |
“the map” means the map consisting of 2 sheets marked “Lord Howe Island Regional Environmental Plan 1986”, as amended by the map that replaces Sheet 1 of that map and is marked “Lord Howe Island Regional Environmental Plan 1986 (Amendment No. 3)”;
(1) by omitting from the definition of “tourist establishment” in clause 5 (1) the words “refreshment rooms” and by inserting instead the word “restaurants”;
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(m) by inserting at the end of clause 5 (2) (a) the word “and”;
(n) by omitting clause 5 (2) (b);
| (o) | by omitting Items 2–4 of the matter relating to Zone No. 2 from the Table to clause 8 and by inserting instead the following Items: 2. Without Development Consent |
Afforestation; gardening and landscaping; picnic facilities; road works; sporting and recreation facilities (not involving the erection of a building).
| 3. Only with Development Consent Any purpose other than a purpose included in Item 2. 4. Prohibited Nil. | |
| (p) | by omitting from Item 4 of the matter relating to Zone No. 3 (d) in the Table to clause 8 the word “Item” and by inserting instead the words “Item 2 or”; |
| (q) | by omitting from clauses 9 (1), (2) and (3) the word “allotment” wherever occurring and by inserting instead the word “Portion”; |
| (r) | by omitting from clause 9 (2) and (3) the word “an” wherever occurring and by inserting instead the word “a”; |
(s) by inserting after clause 9 (4) the following subclause:
(5) The subdivision of land except as provided by this clause is prohibited.
| (t) | by omitting clause 11 and by inserting instead the following | |
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Setback in Zone No. 1, 2 or 4
11. (1) A person must not, on a Portion of land within Zone No. 1, 2 or 4, erect a building:
| (a) | closer than 10 metres to any boundary of the Portion adjoining a road; or |
(b) closer than 5 metres to any other boundary of the Portion. (2) Subclause (1) does not prevent a person, with the consent of
the Board, from erecting a building which cannot be erected in accordance with subclause (1) because of the physical features of the land.
(3) Subclause (1) (b) does not prevent a person, with the consent of the Board, from rebuilding, making structural alterations to, enlarging or extending a building that was lawfully erected.
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| (u) | by omitting clauses 12 and 13 and by inserting instead the | |
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Site coverage in Zone No. 2
12. When a building is erected in Zone No. 2, the site coverage of the Portion on which the building is erected must not exceed 15 per cent of the Portion.
Multiple dwellings
13. A person may, with the consent of the Board, erect multiple dwellings within Zone No. 2.
(v) by omitting clause 14 (3) and by inserting instead the following subclauses:
(3) A person must not carry out development to which this clause applies without the consent of the Board.
(3A) The Board must not grant such a consent unless it imposes conditions on the consent that:
| (a) | in the case of a site on which a building is to be erected and used as a dwelling or a tourist establishment or as commercial premises, will require at least 50 per cent of the Portion on which the building is erected to consist of landscaped area after the development has been carried out; and |
| (b) | in the case of development within Zone No. 4, require such landscaped area as may be determined by the Board. |
At least half of any land treated as landscaped area for the purposes of this clause must be planted out with grass, gardens or the like.
| (w) | by inserting in clause 17 (c) before the word “whether” the words “whether any building or work resulting from carrying out the proposed development will be visible from prominent locations, public roads, public viewpoints or water accessible to the public and”; |
(x) by omitting clause 22 and by inserting instead the following
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| Protection of heritage items and relics | ||
| 22. (1) The following development may be carried out only with development consent: |
(a) demolishing, defacing or damaging a heritage item; or
| (b) | altering a heritage item by making structural changes to its exterior; or |
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| (c) | altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance; or |
| (d) | moving a heritage item or a relic (whether or not it is a heritage item) or excavating land for the purpose of discovering or moving any such heritage item or relic; or |
| (e) | erecting a building on, or subdividing, land on which a heritage item is located. |
(2) When determining a development application relating to a heritage item, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.
(3) The consent authority may decline to grant consent to any development relating to a heritage item until it has considered a conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting. A conservation plan is a document establishing the heritage significance of a heritage item and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
Notice of certain heritage development applications
22A. Sections 84, 85, 86, 87 (1) and 90 of the Act (which provide for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item in the same way as those provisions apply to designated development. Notice to the Heritage Council
22B. Before granting development consent to the demolishing, defacing or damaging of a heritage item, the consent authority must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice was sent.
Development of potential archaeological sites
22C. (1) The consent authority may grant consent to the carrying out of development on a potential archaeological site only if the consent authority has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site.
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(2) The assessment must be prepared in accordance with any
guidelines for the time being notified to the consent authority:
| (a) | by the Heritage Council, if the site has European heritage significance; or |
| (b) | by the Director-General of National Parks and Wildlife, if the site is the location of a relic or an Aboriginal place, within the meaning of the National Parks and Wildlife Act 1974. |
(3) The consent authority may grant consent to the carrying out of development on a potential archaeological site only if the consent authority:
| (a) | has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent; and |
| (b) | is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted; and |
| (c) | is satisfied that any permit required by the Historic Shipwrecks Act 1976 of the Commonwealth has been granted. |
(4) The consent authority may grant consent to the carrying out of development on a potential archaeological site that is the location of a relic or an Aboriginal place, within the meaning of the National Parks and Wildlife Act 1974, only if
| (a) | the consent authority has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent; and |
| (b) | it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been obtained. |
Development in the vicinity of heritage items or potential archaeological sites
22D. The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
(y) by omitting paragraph 2 (a) from Schedule 1;
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| (z) | by omitting the heading to Schedule 2 and by inserting instead the following heading: |
SCHEDULE 2
HERITAGE ITEMS
(aa) by omitting from the matter in Schedule 2 relating to mature Norfolk Island Pine trees the word ‘‘Quarry’’ and by inserting instead the word “Lagoon”;
(ab) by omitting from the matter in Schedule 2 relating to the Cemetery fronting Lagoon Road the matter “Portion 102” and by inserting instead the matter “Portion 236”;
(ac) by omitting from the matter in Schedule 2 relating to the World War I Memorial the matter “Portion 35” and by inserting instead the matter “Portion 36”;
(ad) by omitting from the matter in Schedule 2 relating to T. B Wilson’s House the matter “Portion 62” and by inserting instead the matter “Portion 285”;
(ae) by omitting from the matter in Schedule 2 relating to the Old Settlement the matter “Portions 73-75” and by inserting instead the matter “Portions 74, 75, 275 and 276”;
(af) by omitting from the matter in Schedule 2 relating to Palmhaven the matter “Portions 119 and 120” and by inserting instead the matter “Portion 161” ;
(ag) by omitting from the matter in Schedule 2 relating to Stone-lined drains the matter “Portions 119 and 120” and by inserting instead the matter “Portions 118, 120 and 299”.
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