Newcastle Local Environmental Plan 1987 (Amendment No 126) (2002-697) [GG No 144 of 13.9.2002, p 8089] (NSW)

2002 No 697

Newcastle Local EnvironmentalNew South Wales

Plan 1987 (Amendment No 126)

under the

Environmental Planning and Assessment Act 1979

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

Environmental Planning and Assessment Act 1979. (N02/00093/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 144 of 13 September 2002, page 8089	Page 1
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2002 No 697

Clause 1 Newcastle Local Environmental Plan 1987 (Amendment No 126)

Newcastle Local Environmental Plan 1987

(Amendment No 126)

1     Name of plan

This plan is Newcastle Local Environmental Plan 1987 (Amendment

No 126).

2     Aims of plan

(1)	This plan aims to reclassify the public land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993 (the 1993 Act).
(2)	This plan incidentally makes more extensive provisions in Newcastle Local Environmental Plan 1987 for the classification or reclassification of public land as operational land as a consequence of major changes made to the statutory scheme in section 30 (Reclassification of community land as operational) of the 1993 Act.

3     Land to which plan applies

This plan applies to land situated in the City of Newcastle, being Lot J, DP 13401 and Lots 95–98, DP 9755, and known as No 40 Victory Parade, Wallsend, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 1987 (Amendment No 126)” deposited in the office of the Council of the City of Newcastle.

4     Amendment of Newcastle Local Environmental Plan 1987

Newcastle Local Environmental Plan 1987 is amended as set out in

Schedule 1.

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2002 No 697

Newcastle Local Environmental Plan 1987 (Amendment No 126)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]    Clause26BClassificationandreclassificationofpubliclandas operational land

Omit clause 26B (3). Insert instead:

(3) The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(4)

The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 6.

(5)

Land described in Part 2 of Schedule 6:

(a)	to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b)	continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(6)

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

(7)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 6, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

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2002 No 697

Newcastle Local Environmental Plan 1987 (Amendment No 126)

Schedule 1 Amendments

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

[2]    Schedule6Classificationandreclassificationofpubliclandas operational land

Insert after the new heading to the Schedule:

Part 1 Land classified, or reclassified, under

original section 30 of Local Government

Act 1993

[3]     Schedule 6, Parts 2 and 3

Insert at the end of the Schedule the following Parts:

Part 2 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—interests not changed

Column 1

Column 2

Locality

Description

Wallsend

40 Victory Parade

Lot J, DP 13401 and Lots 95–98,

DP 9755

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2002 No 697

Newcastle Local Environmental Plan 1987 (Amendment No 126)

Amendments Schedule 1

Part 3 Land classified, or reclassified, under

amended section 30 of Local Government

Act 1993—interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged

BY AUTHORITY

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