Mid-Western Regional Local Environmental Plan 2012 (NSW)
This Plan is Mid-Western Regional Local Environmental Plan 2012.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Mid-Western Regional in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
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 promote growth and provide for a range of living opportunities throughout Mid-Western Regional,
(b) to encourage the proper management, development and conservation of resources within Mid-Western Regional by protecting, enhancing and conserving—
(i) land of significance to agricultural production, and
(ii) soil, water, minerals and other natural resources, and
(iii) native plants and animals, and
(iv) places and buildings of heritage significance, and
(v) scenic values,
(c) to provide a secure future for agriculture through the protection of agricultural land capability and by maximising opportunities for sustainable rural and primary production pursuits,
(d) to foster a sustainable and vibrant economy that supports and celebrates the Mid-Western Regional’s rural, natural and heritage attributes,
(e) to protect the settings of Mudgee, Gulgong, Kandos and Rylstone by—
(i) managing the urban and rural interface, and
(ii) preserving land that has been identified for future long- term urban development, and
(iii) promoting urban and rural uses that minimise land use conflict and adverse impacts on amenity, and
(iv) conserving the significant visual elements that contribute to the character of the towns, such as elevated land and the rural character of the main entry corridors into the towns,
(f) to match residential development opportunities with the availability of, and equity of access to, urban and community services and infrastructure,
(g) to promote development that minimises the impact of salinity on infrastructure, buildings and the landscape.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
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.
(Repealed)
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.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
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.
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.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Mid-Western Regional Interim Local Environmental Plan 2008
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.
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.
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.
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.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
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.
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.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU3 Forestry
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
E5 Heavy Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C3 Environmental Management
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
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.
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.
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.
This clause is subject to the other provisions of this Plan.
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.
Development may be carried out on unzoned land only with development consent.
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.
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.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
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
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.
The definition of
The demolition of a building or work may be carried out only with development consent.
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.
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.
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.
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.
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.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(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.
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.
In this clause—
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
• 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 maintain the visual amenity and landscape quality of Mid-Western Regional by preserving the area’s open rural landscapes and environmental and cultural heritage values.
• To promote the unique rural character of Mid-Western Regional and facilitate a variety of tourist land uses.
Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Intensive plant agriculture; Roads; Water reticulation systems
Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Dwelling houses; Extractive industries; Farm buildings; Home industries; Intensive livestock agriculture; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Restaurants or cafes; Roadside stalls; Any other development not specified in item 2 or 4
Amusement centres; Attached dwellings; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Car parks; Centre-based child care facilities; Commercial premises; Correctional centres; Crematoria; Educational establishments; Exhibition homes; Exhibition villages; Freight transport facilities; Group homes; Health services facilities; Heavy industrial storage establishments; Hostels; Industrial retail outlets; Industries; Local distribution premises; Marinas; Mortuaries; Multi dwelling housing; Passenger transport facilities; Places of public worship; Public administration buildings; Pubs; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shops; Shop top housing; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Wholesale supplies
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture; Roads
Any development not specified in item 2 or 3
• 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 land is available for intensive plant agriculture.
• To encourage diversity and promote employment opportunities related to primary industry enterprises, particularly those that require smaller holdings or are more intensive in nature.
Environmental protection works; Extensive agriculture; Home businesses; Home occupations; Intensive plant agriculture; Roads; Water reticulation systems
Aquaculture; Cellar door premises; Dwelling houses; Farm buildings; Home industries; Plant nurseries; Roadside stalls; Any other development not specified in item 2 or 4
Air transport facilities; Amusement centres; Attached dwellings; Backpackers’ accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Centre-based child care facilities; Commercial premises; Crematoria; Exhibition homes; Exhibition villages; Freight transport facilities; Group homes; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Industries; Intensive livestock agriculture; Jetties; Livestock processing industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Sawmill or log processing works; Semi-detached dwellings; Seniors housing; Service stations; Sex services premises; Shop top housing; Signage; Stock and sale yards; Storage premises; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Wholesale supplies
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To promote development that is sustainable in terms of the capacity of infrastructure within villages.
Environmental protection works; Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
Bee keeping; Centre-based child care facilities; Community facilities; Dwelling houses; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based aquaculture; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Cellar door premises; Correctional centres; Crematoria; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Hazardous storage establishments; Heavy industries; Jetties; Livestock processing industries; Local distribution premises; Offensive storage establishments; Open cut mining; Rural workers’ dwellings; Sawmill or log processing works; Sex services premises; Stock and sale yards; Waste disposal facilities; Waste or resource transfer stations; Water recreation structures
• 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.
Home-based child care; Home businesses; Home occupations; Roads; Rural workers’ dwellings; Water reticulation systems
Attached dwellings; Boarding houses; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Function centres; Funeral homes; Group homes; Health services facilities; Home industries; Hostels; Information and education facilities; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water storage facilities
Advertising structures; Farm stay accommodation; Any other development not specified in item 2 or 3
• 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.
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Garden centres; Group homes; Health consulting rooms; Home industries; Hospitals; Hostels; Information and education facilities; Markets; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Respite day care centres; Signage; Tank-based aquaculture; Water recycling facilities; Water storage facilities
Advertising structures; Attached dwellings; Dual occupancies (detached); Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Semi-detached dwellings; Any other development not specified in item 2 or 3
• 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 encourage higher-density residential development that is sympathetic to and compatible with the existing character of the Mudgee Heritage Conservation Area.
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Garden centres; Group homes; Health services facilities; Home industries; Information and education facilities; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential accommodation; Respite day care centres; Seniors housing; Sewage reticulation systems; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water storage facilities
Advertising structures; Farm stay accommodation; Hotel or motel accommodation; Rural workers’ dwellings; Any other development not specified in item 2 or 3
• 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.
Extensive agriculture; Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
Bed and breakfast accommodation; Cellar door premises; Dual occupancies; Dwelling houses; Garden centres; Home industries; Intensive plant agriculture; Landscaping material supplies; Markets; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Roadside stalls; Secondary dwellings; Serviced apartments; Tank-based aquaculture; Waste or resource transfer stations; Water recycling facilities; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Car parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Dairies (pasture-based); Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Water treatment facilities; Wharf or boating facilities
• 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 maintain the built integrity of the area by enabling development that is sympathetic to the existing heritage buildings and features.
• To ensure development is consistent with the residential nature of the surrounding area.
• To ensure non-residential land uses are compatible with the residential amenity of the surrounding area.
Home occupations; Roads; Water reticulation systems
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; 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; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Backpackers’ accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Rural industries; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wholesale supplies
• 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.
• To promote the central business district of Mudgee as the major focus for retail and commercial activity in Mid-Western Regional.
• To ensure development is compatible with the historic architectural character and streetscapes of the Mudgee commercial core area.
Roads; Water reticulation systems
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Group homes; 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; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Home-based child care; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Service stations; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Water recreation structures; Water storage facilities; Water treatment facilities; Wholesale supplies
• 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.
• To promote a visually attractive entry point into Mudgee from the south east.
• To enable development that does not undermine the primary retail role of the Mudgee commercial core area.
Roads; Water reticulation systems
Agricultural produce industries; 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; Kiosks; 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; Roadside stalls; 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
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Heavy industrial storage establishments; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Water recreation structures
• 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.
• To promote a safe and efficient network for the movement of heavy vehicles and to minimise the intrusion of heavy vehicles into nearby residential areas.
Roads; Water reticulation systems
Depots; Food and drink premises; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Liquid fuel depots; Local distribution premises; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Plant nurseries; Roadside stalls; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Information and education facilities; Jetties; Livestock processing industries; Marinas; Mooring pens; Moorings; Public administration buildings; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Tourist and visitor accommodation; Water recreation structures
• To provide areas for industries that need to be separated from other 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 provide for heavy industry and other industrial development in association with resource-based industries like mining.
Roads; Water reticulation systems
Data centres; Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Hazardous storage establishments; Heavy industries; Industrial training facilities; Landscaping material supplies; Offensive storage establishments; Oyster aquaculture; Plant nurseries; Rural supplies; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Home businesses; Home industries; Home occupations; Home occupations (sex services); Home-based child care; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Sex services premises; Stock and sale yards; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• 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.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To ensure development is consistent with the character of adjoining residential neighbourhoods.
Home occupations; Home-based child care; Roads; Water reticulation systems
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Water recycling facilities; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Research stations; Rural industries; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Water recreation structures
• 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.
• To provide for dwellings incidental to aviation-related activities.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To protect the water storage of Windamere and Burrendong Dams.
Extensive agriculture; Roads; Water reticulation systems
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
Home-based child care; Home businesses; Home occupations; Roads; Water reticulation systems
Amusement centres; Aquaculture; Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Health consulting rooms; Helipads; Hostels; Information and education facilities; Kiosks; Multi dwelling housing; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Secondary dwellings; Semi-detached dwellings; Timber yards; Tourist and visitor accommodation
Any development not specified in item 2 or 3
• 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.
Environmental protection works; Roads; Water reticulation systems
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Charter and tourism boating facilities; Community facilities; Environmental facilities; Flood mitigation works; Helipads; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Sewerage systems; Signage; Water recreation structures
Any development not specified in item 2 or 3
• 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.
Extensive agriculture; Roads; Water reticulation systems
Airstrips; Aquaculture; Backpackers’ accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Hotel or motel accommodation; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roadside stalls; Seniors housing; Sewerage reticulation systems; Signage; Timber yards; Water recreation structures; Water recycling facilities; Water supply systems
Any development not specified in item 2 or 3
• 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.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• 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 manage development within the water supply catchment lands of Windamere and Burrendong Dams, to conserve and enhance the district’s water resources.
Extensive agriculture; Home-based child care; Home occupations; Moorings
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Community facilities; Dairies (pasture-based); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home businesses; Home industries; Horticulture; Information and education facilities; Open cut mining; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Secondary dwellings; Tank-based aquaculture; Water recreation structures; Water recycling facilities; Water storage facilities
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
The objective of this clause is to identify development of minimal environmental impact as exempt development.
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.
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.
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.
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.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
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.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
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.
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.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(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.
The objectives of this clause are as follows—
(a) to ensure that subdivision of land occurs in a manner that promotes suitable land uses and development,
(b) to minimise any likely impact of subdivision and other development on the amenity of neighbouring properties,
(c) to ensure that lot sizes and dimensions are able to accommodate development, consistent with relevant development controls,
(d) to ensure that rural lands are not fragmented in a manner that threatens either their future use, or the use of neighbouring land, for agricultural production,
(e) to ensure that subdivision does not have an inappropriate impact on the natural environment,
(f) to maximise the economic potential of, and provide for more intensive, small lot agricultural uses in, areas that are able to access commercial quantities of irrigation water.
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.
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.
Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system and sewerage system—
(a) land identified as “Area A” on the Lot Size Map may be subdivided to create lots of at least 2,000 square metres, or
(b) land identified as “Area B” on the Lot Size Map may be subdivided to create lots of at least 4,000 square metres.
Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system, land identified as “Area D” on the Lot Size Map may be subdivided to create lots of at least 2 hectares.
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.
The objectives of this clause are as follows—
(a) to ensure land to which this clause applies is not unduly fragmented.
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 RU4 Primary Production Small Lots,
(b1) Zone R5 Large Lot Residential,
(c) Zone C3 Environmental Management,
but does not apply to a subdivision by the registration of a strata plan.
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.
This clause applies despite clause 4.1.
The objective of this clause is to ensure that land to which this clause applies is not unduly fragmented by subdivisions.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone R5 Large Lot Residential,
(d) Zone C3 Environmental Management.
A lot resulting from a subdivision of land to which this clause applies by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 must not be less than the minimum size shown on the Lot Size Map for the land.
Subclause (3) does not apply to a lot comprising common property within the meaning of the Strata Schemes Development Act 2015.
This clause applies despite clause 4.1.
The objective of this clause is to achieve planned residential density in certain zones.
This clause applies to the following land—
(a) land within Zone R1 General Residential,
(b) land within Zone R3 Medium Density Residential,
(c) land in Rylstone or Kandos that is within Zone RU5 Village,
(d) for the purposes of a manor house, any land that is within Zone RU5 Village.
Despite any other provision of this plan, development consent may be granted to development on land to which this clause applies—
(a) for the purposes of a dual occupancy (attached), if the area of the lot is equal to or greater than 600 square metres, or
(b) for the purpose of a dual occupancy (detached), if the area of the lot is equal to or greater than 800 square metres, or
(c) for the purposes of multi dwelling housing, if the area of the lot is equal to or greater than 1,200 square metres, or
(d) for the purposes of a residential flat building, if the area of the lot is equal to or greater than 1,200 square metres, or
(e) for the purposes of a manor house, if the area of the lot is equal to or greater than 1,200 square metres.
This clause applies to the following land—
(a) land within Zone R1 General Residential,
(b) land within Zone R3 Medium Density Residential,
(c) land in Rylstone or Kandos that is within Zone RU5 Village.
Despite any other provision of this Plan, development consent may be granted to the subdivision of land to which this clause applies if—
(a) multi dwelling housing or a dual occupancy is lawfully erected on the land, and
(b) the area of each resulting lot will not be less than—
(i) 300 square metres for a dual occupancy (attached) or multi dwelling housing, or
(ii) 400 square metres for a dual occupancy (detached), and
(c) only one dwelling will be located on each lot resulting from the subdivision.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 2 or more lots,
(b) the erection of a dual occupancy (attached), dual occupancy (detached) or multi dwelling housing on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—
(i) 300 square metres for a dual occupancy (attached) or multi dwelling housing, or
(ii) 400 square metres for a dual occupancy (detached).
(Repealed)
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
This clause applies to each lot (an
(a) land in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential, and
(b) land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone C3 Environmental Management.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain—
(i) land in Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone C3 Environmental Management that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
A dwelling cannot be located on the part of a resulting lot referred to in subclause (3) (a) (ii).
The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.
Land in Zone RU1 Primary Production may be subdivided 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 if the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land (other than for the purpose of a dwelling house or dual occupancy).
Development consent must not be granted for the subdivision of land in Zone RU1 Primary Production unless the consent authority is satisfied that—
(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and
(b) the subdivision is necessary for the ongoing operation of the permissible use, and
(c) the subdivision will not increase rural land use conflict in the locality, and
(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that contain land with more than one minimum lot size, but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.
Despite clause 4.1, development consent may be granted to the subdivision of land in Zone RU1 Primary Production to create other lots (the
(a) at least one of the resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(b) any resulting lot that contains land that has an area that is less than the minimum size shown on the Lot Size Map in relation to that land does not have a dwelling erected on it.
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.
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.
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.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in rural and conservation zones,
(c) to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone RU5 Village,
(d) Zone R5 Large Lot Residential,
(e) Zone C3 Environmental Management.
Development consent must not be granted for the erection of a dwelling house or dual occupancy on land in a zone to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—
(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b) is a lot or holding that existed before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or
(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or
(d) is an existing holding that is not within Zone R5 Large Lot Residential, or
(e) would have been a lot or a holding referred to in paragraphs (a)–(d) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(f) is, in the case of land within 500 metres of land within Zone RU5 Village, a lot that has an area of at least 5 hectares, that has a sealed road frontage and that is connected to the sealed road network, or
(g) is a holding within Zone R5 Large Lot Residential that has an area of at least 5 hectares, that has all weather access, including all weather vehicular access, to which adequate services provided by public utility undertakings are available and that is suitable for the on-site disposal of domestic wastewater, or
(h) is a former holding, or
(i) is a former rural lot that has an area of at least 40 hectares.
Development consent must not be granted to development for the purposes of tourist and visitor accommodation on land to which this clause applies unless a dwelling house or dual occupancy is permitted to be erected on the land under subclause (3).
Development consent may be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.
In this clause—
(a) was a holding on the relevant date, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since the relevant date,
and includes any other land adjoining that land acquired by the owner since the relevant date.
(a) that was a holding on 9 August 2012, and
(b) that is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in ownership of the holding since 9 August 2012, and
(c) that is at least the minimum lot size applicable under the environmental planning instrument that applied to the land immediately before the commencement of this Plan.
(a) located in the former Mudgee, Rylstone or Merriwa local government areas, and
(b) that was created prior to the commencement of this Plan, and
(c) on which the erection of a dwelling house was permissible immediately before that commencement, and
(d) that is in Zone RU1 Primary Production, and
(e) in respect of land in the former Mudgee local government area—that was held in separate ownership from any adjoining land on 11 February 1985.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
(a) in relation to land marked “Mudgee” on the Former LEP Boundaries Map—29 November 1967, or
(b) in relation to land marked “Merriwa” on the Former LEP Boundaries Map—18 April 1975, or
(c) in relation to land marked “Cudgegong” on the Former LEP Boundaries Map—24 November 1967, or
(d) in relation to land marked “Rylstone” on the Former LEP Boundaries Map—31 July 1970.
The objective of this clause is to ensure that dwelling houses are erected only where they support the permitted agricultural use of the land.
Development consent must not be granted for the erection of a dwelling house on land in Zone RU4 Primary Production Small Lots unless the consent authority is satisfied that—
(a) the land is being used, or is intended to be used, for the purpose of intensive plant agriculture, and
(b) the dwelling house will be required to support the carrying out of the intensive plant agriculture or the irrigation of pasture and fodder crops, and
(c) the dwelling house is not likely to cause any land use conflict with existing agricultural uses being undertaken on neighbouring properties in the zone, and
(d) services for the supply of water and electricity to support that agricultural use are available or adequate arrangements have been made to make them available when required.
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 of the relevant zone.
This clause applies to land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone R5 Large Lot Residential,
(d) Zone C3 Environmental Management.
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 any of 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, any of the lots.
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 on land in any adjoining zone,
(e) any measures proposed by the applicant to avoid or minimise any 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.
This clause does not apply—
(a) in relation to the subdivision of lots in a strata plan or of land under the Community Land Development Act 1989, or
(b) if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to establish a maximum height limit to which buildings can be designed in particular locations,
(b) to enable infill development that is of similar height to existing buildings and that is consistent with the heritage character of the towns of Mudgee, Gulgong, Kandos and Rylstone.
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.
[Not adopted]
[Not adopted]
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.
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.
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.
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).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
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.
When this Plan was made it did not include Zone RU2 Rural Landscape.
(Repealed)
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.
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 (
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.
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).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
Viticulture is a type of
Waste disposal facilities are a type of
(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 stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(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 facilities are a type of
(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.
(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.
Mid-Western Regional Local Environmental Plan 2012 (374). LW 10.8.2012. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(375) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 1) LW 10.8.2012. Date of commencement, on publication on LW, cl 2. | |
(506) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2. | |
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. | |
(46) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 2). LW 8.2.2013. Date of commencement, on publication on LW, cl 2. | |
(112) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 3). LW 15.3.2013. Date of commencement, on publication on LW, cl 2. | |
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. | |
(242) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 4). LW 31.5.2013. Date of commencement, on publication on LW, cl 2. | |
(243) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 5). LW 31.5.2013. Date of commencement, on publication on LW, cl 2. | |
(243) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 6). LW 30.8.2013. 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. | |
(173) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 8). LW 4.4.2014. Date of commencement, on publication on LW, cl 2. | |
(212) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 7). LW 11.4.2014. Date of commencement, on publication on LW, cl 2. | |
(376) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 9). LW 20.6.2014. 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. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(712) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 10). LW 7.11.2014. 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). | |
(826) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 11). LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
(24) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 12). LW 15.1.2016. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(84) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 13). LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(85) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 14). LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(168) | Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(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. | |
(328) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 15). LW 17.6.2016. Date of commencement, on publication on LW, cl 2. | |
(174) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 16). LW 5.5.2017. 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. | |
(724) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 17). LW 15.12.2017. Date of commencement, on publication on LW, cl 2. | |
(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. | |
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. | |
(434) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 18). LW 10.8.2018. 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. | |
(646) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 19). LW 16.11.2018. Date of commencement, on publication on LW, cl 2. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(726) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 20). LW 14.12.2018. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(176) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 21). LW 26.4.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.20, 14 days after assent, sec 2 (1). | |
(415) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 22). LW 23.8.2019. Date of commencement, on publication on LW, cl 2. | |
(563) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 23). LW 22.11.2019. Date of commencement, on publication on LW, cl 2. | |
(564) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 24). LW 22.11.2019. 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 Sch 5, 15.1.2020, cl 2(1). | |
(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. | |
(331) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) 2020. LW 26.6.2020. Date of commencement, 1.7.2020, 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. | |
(666) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 25). LW 13.11.2020. Date of commencement, on publication on LW, 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. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
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. | |
(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. | |
(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. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(198) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 26). LW 6.5.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(424) | Mid-Western Regional Local Environmental Plan 2012 (Amendment 27). LW 29.7.2022. Date of commencement, on publication on LW, cl 2. | |
(515) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 28). LW 26.8.2022. Date of commencement, on publication on LW, cl 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. | |
(830) | State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 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. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(83) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 29). LW 22.3.2024. Date of commencement, on publication on LW, cl 2. | |
(149) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 30). LW 10.5.2024. Date of commencement, on publication on LW, cl 2. | |
(217) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 31). LW 16.5.2025. Date of commencement, on publication on LW, cl 2. | |
(315) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 32). LW 27.6.2025. Date of commencement, on publication on LW, cl 2. |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
(526) | Mid-Western Regional Local Environmental Plan 2012 (Amendment No 33). LW 26.9.2025. Date of commencement, on publication on LW, cl 2. |
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 2015 (826), Sch 1 [1]; 2022 (830), Sch 1.15[1]. |
Land Use Table | Am 2014 (212), Sch 1 [1]; 2015 (826), Sch 1 [2]; 2016 (168), Sch 1 [5]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.20; 2022 (314), Sch 1; 2022 (830), Sch 1.15[2]. |
Cl 4.1 | Am 2018 (434), cl 5. |
Cl 4.1AA | Am 2022 (830), Sch 1.15[3]; 2025 (315), Sch 1[1]. |
Cl 4.1AB | Ins 2025 (315), Sch 1[2]. |
Cl 4.1A | Am 2020 (331), Sch 2.3[1]–[3]. |
Cl 4.1BB | Ins 2015 (826), Sch 1 [3]. Renumbered as cl 4.1F, 2016 No 27, Sch 2.26 [1]. |
Cl 4.1B | Am 2014 (712), Sch 1 [1] [2]. |
Cl 4.1C | Ins 2013 (112), Sch 1 [1]. Am 2022 (830), Sch 1.15[4]. Rep 2025 (526), Sch 1. |
Cl 4.1D | Ins 2016 (84), Sch 1. Am 2022 (830), Sch 1.15[3]. |
Cl 4.1E | Ins 2015 (826), Sch 1 [4]. |
Cl 4.1F (previously cl 4.1BB) | Renumbered 2016 No 27, Sch 2.26 [1]. |
Cl 4.2A | Am 2015 (826), Sch 1 [5]–[9]; 2022 (830), Sch 1.15[3] [5]; 2024 (149), Sch 1[1]–[3]. |
Cl 4.2C | Ins 2015 (826), Sch 1 [10]; 2022 (830), Sch 1.15[3]. |
Cl 5.3 | Am 2022 (830), Sch 1.15[6] [7]. |
Cl 5.4 | Am 2018 (406), Sch 1.91 [1] [2]. |
Cl 5.24 | Subst 2023 (458), Sch 2.58. |
Cl 5.25 | Subst 2023 (458), Sch 2.58. |
Cl 6.2 | Rep 2021 (225), Sch 1. |
Cl 6.6 | Am 2017 (493), Sch 1.2 [1]. |
Cl 6.7 | Am 2022 (830), Sch 1.15[8]. |
Cl 6.10 | Am 2019 (564), cl 5(1) (2). |
Cl 6.11 | Ins 2012 (375), Sch 1. Am 2024 (83), Sch 1. |
Cl 6.12 | Ins 2013 (112), Sch 1 [2]. |
Cl 6.13 | Ins 2013 (112), Sch 1 [2]. Am 2022 (830), Sch 1.15[4]. |
Cl 6.14 | Ins 2019 (415), Sch 1. |
Cl 6.15 | Ins 2022 (198), cl 5. |
Cl 6.16 | Ins 2022 (830), Sch 1.15[9]. |
Sch 1 | Am 2014 (173), cl 4; 2014 (212), Sch 1 [2]; 2014 (712), Sch 1 [3] [4]; 2019 (176), cl 5; 2022 (424), Sch 1[1]; 2022 (515), cl 5; 2022 (830), Sch 1.15[10]; 2025 (217), Sch 1[1]. |
Sch 4 | Am 2015 (826), Sch 1 [11]. |
Sch 5 | Am 2014 (212), Sch 1 [3]–[7]; 2019 (563), cl 5; 2025 (217), Sch 1[2]. |
Dictionary | Am 2013 (112), Sch 1 [3]; 2016 No 27, Sch 2.26 [2]; 2020 (331), Sch 2.3[4]; 2021 (225), Sch 1; 2022 (424), Sch 1[2]. |
Maps | Am 2013 (46), cl 4; 2013 (112), cl 4; 2013 (242), cl 4; 2013 (243), cl 4; 2013 (509), cl 4; 2014 (212), cl 4; 2014 (376), cl 4; 2014 (712), cl 4; 2015 (826), cl 4; 2016 (24), cl 4; 2016 (84), cl 4; 2016 (85), cl 4; 2016 (328), cl 4; 2017 (174), cl 4; 2017 (724), cl 4; 2018 (434), cl 4; 2018 (646), cl 4; 2018 (726), cl 4; 2019 (176), cl 4; 2019 (415), cl 4; 2019 (563), cl 4; 2019 (564), cl 4; 2020 (666), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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