Maclean Local Environmental Plan 2001 (Amendment No 5) (2003-227) [GG No 59 of 7.3.2003, p 4049] (NSW)

2003 No 227

New South Wales

Maclean Local Environmental Plan

2001 (Amendment No 5)

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. (G01/00180/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 59 of 7 March 2003, page 4049	Page 1
2003 No 227

Clause 1 Maclean Local Environmental Plan 2001 (Amendment No 5)

Maclean Local Environmental Plan 2001 (Amendment

No 5)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Maclean Local Environmental Plan 2001 (Amendment

No 5).

2      Aims of plan

This plan aims to amend Maclean Local Environmental Plan 2001 in order:

(a)

to include a definition of ecotourism facility, and

(b)

to permit, with consent, use of land within the following zones for the purposes of ecotourism:

(i)	Zone No 1 (b), Rural (General Rural Land) Zone,
(ii)	Zone No 1 (i), Rural (Investigation) Zone,

(iii)	Zone No 1 (s), Rural (Small Holdings) Zone,
(iv)	Zone No 1 (t), Rural (Tourist) Zone, and

(c)

to require the Council to be satisfied of a number of matters before granting consent to the use of land for the purposes of ecotourism.

3      Land to which plan applies

This plan applies to all land to which Maclean Local Environmental

Plan 2001 applies.

4 Amendment of Maclean Local Environmental Plan 2001

Maclean Local Environmental Plan 2001 is amended as set out in

Schedule 1.

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2003 No 227

Maclean Local Environmental Plan 2001 (Amendment No 5)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clause 7 Dictionary

Insert in alphabetical order in clause 7 (1):

ecotourism facility means a tourist facility with a primary focus on experiencing natural areas and that fosters environmental and cultural understanding, appreciation and conservation.

[2] Clause 31 Rural zones applying in this plan, zone objectives and development control table

Insert in alphabetical order in item 4 in Zone No 1 (b) Rural (General

Rural Land) Zone set out in the Table to the clause:

ecotourism facility;

[3]      Clause 31, Table, Zone No 1 (i) Rural (Investigation) Zone

Insert in alphabetical order in item 4:

ecotourism facility;

[4]      Clause 31, Table, Zone No 1 (s) Rural (Small Holdings) Zone

Insert in alphabetical order in item 4:

ecotourism facility;

[5]      Clause 31, Table, Zone No 1 (t) Rural (Tourist) Zone

Insert in alphabetical order in item 4:

ecotourism facility;

[6]      Clause 45A

Insert after clause 45:

45A Development of land for ecotourism

(1) Consent must not be granted to development for the purpose of an ecotourism facility unless the consent authority is satisfied of each of the following:

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2003 No 227

Maclean Local Environmental Plan 2001 (Amendment No 5)

Schedule 1 Amendments

(a)	that a management plan has been submitted with the development application that demonstrates that the development will be for the purpose of ecotourism,
(b)	that the facilities to be provided on the land or on nearby land will enable people to experience natural areas,
(c)	thatthedevelopmentwillnotadverselyaffectany natural areas with high conservation value,
(d)	that the development will have minimal impact on natural areas,
(e)	that any buildings that are to be part of the development will be located on the least environmentally sensitive areas of the land,
(f)	that the developer will restore habitat areas on the land,
(g)	that the only permanent accommodation on the land will be for people managing or operating the ecotourism facilities,
(h)	thatthedevelopmentwillnotadverselyaffectthe existing agricultural productivity of the land or nearby land,

(2) In this clause, natural areas means land where natural processes are maintained and natural ecosystems continue to exist to some extent and have some capacity for self- regeneration.

BY AUTHORITY

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